Marler Clark files second E. coli lawsuit


LOS ANGELES—Marler Clark, the Seattle law firm nationally recognized for its successful representation of E. coli victims, filed a second lawsuit today against Gold Coast Produce and Family Tree Produce. The suit was filed in Orange County Superior Court on behalf of Jeffrey Brenner, a freshman cross country runner at California State University-Fullerton.

The lawsuit alleges that Jeffrey consumed a Greek salad at Pat & Oscars on September 30, and that he began experiencing symptoms of E. coli infection, including joint pain, fatigue, and weakness, on October 3. He ran in an NCAA meet the next day, and completed his five mile race two minutes behind his expected time. Jeffrey’s symptoms worsened, and he went to the Emergency Room on October 6 after he began experiencing severe abdominal cramping and bloody diarrhea. He was admitted to the hospital on October 7, at which point he had already lost nine pounds.

“Jeffrey was making an effort to eat foods that would benefit his active lifestyle, and he suffered by making what most would consider the right decision about what to eat while in training,” said William Marler, managing partner of Marler Clark.

“He was looking forward to trying to earn a scholarship on this spring’s track team by running well this cross country season, but he won’t be able to run for the rest of the season,” Marler continued. “Not to mention the fact that he missed over two weeks of time in the classroom while he was ill and recovering from his infection. Another one of his goals is to have a 4.0 grade point average after graduation, and missing two weeks of school certainly is not going to help him attain that goal.”

Marler Clark filed a lawsuit in San Diego County Superior Court on behalf of Kayce Galindo and her parents, Chris and Karrie Galindo, on October 15th. The firm represents 25 other people who were victims in this outbreak.

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BACKGROUND: Marler Clark has extensive experience representing victims of E. coli illnesses. The firm has represented over 1,000 E. coli victims since 1993, when William Marler represented Brianne Kiner in her $15.6 million E. coli settlement with Jack in the Box. In 1998, Marler Clark resolved the Odwalla Juice E. coli outbreak for the five families whose children developed HUS and were severely injured after consuming contaminated apple juice for $12 million. In September, 2003, the Washington Supreme Court declined to review a decision upholding a $4.6 million award to 11 children injured in a 1998 E. coli O157:H7 outbreak that was linked to undercooked taco meat served as part of a school lunch at an elementary school. The firm represented the school children in this case, both at trial, and on appeal. The partners at Marler Clark also speak frequently on a variety of food safety issues.

Marler Clark is also proud to sponsor informational web sites about E. coli and foodborne illness.