--- title: "The Ground is Shifting Again: A Warning From Thirty Years in the E. coli Trenches" date: 2026-05-22T17:14:00-07:00 author: Bill Marler canonical_url: "https://marlerclark.com/news_events/the-ground-is-shifting-again-a-warning-from-thirty-years-in-the-e-coli-trenches" section: News --- [All News](/news_events) / [Press Releases](https://marlerclark.com/news_events/press-releases) / # The Ground is Shifting Again: A Warning From Thirty Years in the E. coli Trenches I have been doing this for thirty-three years. I have sat at bedsides of children hooked to dialysis machines. I have held the hands of parents who brought their kids to a birthday party or a Friday night dinner and watched them nearly die. I have spent three decades litigating the damage that a microscopic pathogen — Escherichia coli O157:H7 — does to the human body when it is served inside undercooked ground beef. So, when the California Department of Public Health announced this week that nine people — six of them children, two of them now suffering from hemolytic uremic syndrome — have been sickened in an E. coli O157:H7 outbreak linked to beef kofta at The Kebab Shop, I felt that old, familiar dread. Here we go again. January 1993: Where This All Started I was a four-year associate at a Seattle law firm when the Jack in the Box outbreak exploded across the Pacific Northwest. The Washington State Department of Health had noticed a disturbing cluster of children presenting with hemolytic uremic syndrome — HUS — a condition where the kidneys begin to shut down. The source was traced to E. coli O157:H7 in hamburger patties produced by Von Companies of California, served at seventy-three Jack in the Box restaurants across Washington, Idaho, California, and Nevada. By the time it was over: 732 confirmed cases. 178 people hospitalized. Dozens with HUS. Four children dead. I represented Brianne Kiner, the most seriously injured survivor, and won $15.6 million for her — a Washington State record at the time. The money was necessary. But the outcome that mattered most to me was what happened next in government and industry. What made the Jack in the Box outbreak particularly outrageous was this: Washington State had already updated its cooking temperature standards for ground beef to 155 degrees Fahrenheit — higher than the federal standard. Jack in the Box knew. The new standards were found in files at corporate headquarters in San Diego. The company had decided that cooking beef to that temperature made the meat “too tough.” Children paid for that decision with their kidneys. Some paid with their lives. The Reckoning: Government and Industry Respond The litigation that followed Jack in the Box shook the meat industry to its foundation. In September 1994, then-USDA FSIS Administrator Mike Taylor stood before the American Meat Institute and declared that raw ground beef contaminated with E. coli O157:H7 was “adulterated within the meaning of the Federal Meat Inspection Act.” What had been treated as a naturally occurring bacterium was now, legally, the equivalent of glass or rodent filth in your food. That declaration was a game-changer. It meant that a processor who shipped E. coli-contaminated ground beef could be held legally accountable in an entirely new way. FSIS established a testing program. The industry — faced with the twin pressures of litigation and regulation — invested millions in pathogen reduction. Hazard Analysis Critical Control Point (HACCP) systems were implemented. Testing improved. Interventions at the slaughter and grinding stages multiplied. In 2002, I penned an op-ed in the Denver Post challenging the USDA and the beef industry to “put me out of business.” The cases I was filing by then made me one of the most financially successful food safety lawyers in the country. That success was, to me, a measure of failure — failure by an industry and a government that could do better. And then, remarkably, something close to what I asked for actually happened. By the early 2000s, the frequency and scale of ground beef E. coli outbreaks began to drop dramatically. The summer of 2003 passed without a single major E. coli O157:H7 outbreak linked to hamburger. For years afterward, what had once been the bread and butter of my practice — E. coli in ground beef — became nearly nonexistent. From the Jack in the Box outbreak through the 2002 ConAgra recall (which pulled nearly 19 million pounds of tainted beef), at least 95 percent of Marler Clark’s revenue was E. coli cases linked to hamburger. By 2019, it was nearly zero. To the beef industry: I meant it then and I mean it now. What you accomplished was real. The millions spent on interventions, the food safety professionals who fought every day to keep this pathogen out of the supply chain — it mattered. It saved lives. It spared families the particular horror of watching a child’s kidneys fail. Montana, 2024: A Ghost Returns Then came the summer of 2024 in Flathead County, Montana. At least thirteen people — ultimately twenty-two confirmed cases across ten states — were sickened by E. coli O157:H7 linked to Wagyu ground beef served at restaurants in and around Kalispell. One woman died. The traceback pointed to Lower Valley Processing, a small meat processor in Kalispell, and to one lot of Range Wagyu beef patties produced from animals slaughtered on June 5, 2024. All cases had eaten undercooked or made-to-order burgers at local restaurants. The word “made-to-order” is a euphemism. What it means, too often, is “undercooked.” I wrote at the time that it was sad to see an E. coli outbreak linked to ground beef at all. Ground beef E. coli outbreaks had been rare for decades precisely because of the work done by USDA and the industry to clean up the meat supply. But “rare” is not “gone.” A woman is dead. Families were shattered. I am representing victims of that outbreak. The Montana outbreak was a warning shot. This week’s California announcement makes clear that the shot was not heard loudly enough. California, 2026: The Pattern Continues Nine Californians infected with E. coli O157:H7. Six of them children. Five hospitalized. Two with HUS — hemolytic uremic syndrome, the kidney-destroying complication that I have watched devastate families for thirty-three years. Illness onset dates running from late March through late April. The product — grilled beef kofta, which is ground beef — was not pulled from The Kebab Shop’s locations until May 18th. Seven weeks. The investigation is ongoing. We do not yet know which processor produced the implicated beef, which animals it came from, or at precisely what point in the supply chain the contamination occurred. We do not yet know whether the beef was undercooked at the restaurant level or whether it entered the chain already contaminated. Those questions matter enormously, and the answers will determine accountability. What we do know is that E. coli O157:H7 and ground beef have a well-documented, decades-long relationship. Cattle carry this organism in their intestines. When animals are slaughtered and processed, the pathogen can contaminate the meat. When you grind beef, you are combining material from potentially hundreds of animals into a single product. Any one contaminated animal can taint the whole lot. This is not a mystery. It is microbiology. And the answer to it has been known since 1993. The Answer Has Always Been Simple: Cook the Meat I want to be direct with the food service industry and with every home cook reading this, because this point has never changed in thirty-three years and it will not change now: Cook all ground beef — burgers, kofta, meatballs, meat loaf — to an internal temperature of 165°F. Not pink in the middle. Not “medium.” Not “made to order” in the way that restaurants use the phrase to mean whatever the customer wants. One hundred and sixty-five degrees Fahrenheit, verified with a food thermometer. That temperature kills E. coli O157:H7. There is no amount of artisanal beef, premium Wagyu, or restaurant ambiance that changes that biology. To restaurant operators serving ground beef in any form: you are the last line of defense. The supply chain has improved dramatically since 1993, but it is not infallible. Montana 2024 proved that. California 2026 is proving it again. Your kitchen, your cook temperatures, your training — these are what stand between a contaminated lot of beef and a child on dialysis. To parents and consumers: ask. Ask the server how the burger is cooked. Ask whether the kofta reaches full temperature. Carry a thermometer if you must. I know that sounds extreme. I have sat with the families of children who wish someone had asked. Vigilance Is Not Optional The great progress made against E. coli in ground beef over the past three decades did not happen by accident. It happened because of litigation that imposed real financial consequences on those who allowed contaminated beef to reach consumers. It happened because of regulatory action that declared this pathogen an adulterant. It happened because the industry — facing both legal and moral pressure — invested in science and testing and intervention. There is something I have said for years that I will say again now: complacency is the enemy of food safety. When ground beef outbreaks become rare, the industry can convince itself the problem is solved. It is not solved. It is managed. And management requires constant vigilance — from processors, from distributors, from restaurants, from regulators, and from every cook who picks up a spatula. Two children in California are dealing right now with hemolytic uremic syndrome. That means their kidneys are under attack. That means their families are in hospitals, scared, facing consequences that can include lifelong kidney damage. I have watched this scene play out dozens of times over thirty-three years. Each time, it was preventable. I still want to be put out of business. I have wanted that since 1993. But until the day comes when E. coli O157:H7 is truly eliminated from the ground beef supply — and that day has not yet come — I will keep showing up. And the only way to stay on the right side of this is to cook the meat. ### Other E. coli Lawsuits [Kebab Shop E. coli Outbreak Sickens Nine](https://marlerclark.com/kebab-shop-e-coli-outbreak-sickens-nine) [Raw Farms linked to another Raw Milk Cheese E.coli Outbreak - 9 People sickened - Company refuses to recall product](https://marlerclark.com/raw-farms-linked-to-another-raw-milk-cheese-e-coli-outbreak-7-people-sickened) [10 with E. coli linked to Cheese](https://marlerclark.com/3-with-e-coli-linked-to-cheese) [Sycamore Pool in Chico California Contaminated with E.coli - Two teens in ICU](https://marlerclark.com/sycamore-pool-in-chico-california-contaminated-with-e-coli-two-teens-in-icu) [Deadly Nationwide E.coli Outbreak Linked to Grimmway Farms Organic Baby and Whole Carrots sickens 48](https://marlerclark.com/nationwide-e-coli-outbreak-linked-to-grimmway-farms-organic-baby-and-whole-carrots) [E. coli Outbreak tied to Red Cow and Hen House Restaurants](https://marlerclark.com/e-coli-outbreak-tied-to-red-cow-and-hen-house-restaurants) [Rockwood Summit High School E. coli Outbreak](https://marlerclark.com/rockwood-summit-high-school-e-coli-outbreak) [McDonalds linked to 104 E. coli cases and 1 Death](https://marlerclark.com/mcdonalds-linked-to-nearly-50-e-coli-cases-and-1-death) [2 dead with 22 injured in E. coli Hamburger Outbreak in Montana](https://marlerclark.com/1-dead-with-13-injured-in-e-coli-hamburger-outbreak-in-montana) [E. coli Outbreak in Washington and California linked to Walnuts](https://marlerclark.com/e-coli-outbreak-in-washington-and-california-linked-to-walnuts) [Seattle PCC Market E. coli outbreak linked to Guacamole](https://marlerclark.com/seattle-ppc-market-e-coli-outbreak-linked-to-guacamole) [11 with E. coli linked to Raw Milk LLC Cheese](https://marlerclark.com/10-with-e-coli-linked-to-raw-milk-llc-cheese) ### Lawsuit updates about foodborne illnesses [Reactive Arthritis Lawsuit Updates](/news_events/case-news?illness=reactive-arthritis&year=all) [E. coli Lawsuit Updates](/news_events/case-news?illness=e-coli&year=all) [Guillain-Barre Syndrome Lawsuit Updates](/news_events/case-news?illness=guillain-barre-syndrome&year=all) [Salmonella Lawsuit Updates](/news_events/case-news?illness=salmonella&year=all) [Hemolytic Uremic Syndrome Lawsuit Updates](/news_events/case-news?illness=hemolytic-uremic-syndrome&year=all) [Listeria Lawsuit Updates](/news_events/case-news?illness=listeria&year=all) [Irritable Bowel Syndrome Lawsuit Updates](/news_events/case-news?illness=irritable-bowel-syndrome&year=all) [Hepatitis A Lawsuit Updates](/news_events/case-news?illness=hepatitis-a&year=all) [Norovirus Lawsuit Updates](/news_events/case-news?illness=norovirus&year=all) [Botulism Lawsuit Updates](/news_events/case-news?illness=botulism&year=all) [Campylobacter Lawsuit Updates](/news_events/case-news?illness=campylobacter&year=all) [Shigella Lawsuit Updates](/news_events/case-news?illness=shigella&year=all) [Cyclospora Lawsuit Updates](/news_events/case-news?illness=cyclospora&year=all) ### Lawsuits updates by year [Foodborne Illness Lawsuits in 1998](https://marlerclark.com/news_events/case-news?illness=all&year=1998) [Foodborne Illness Lawsuits in 1999](https://marlerclark.com/news_events/case-news?illness=all&year=1999) [Foodborne Illness Lawsuits in 2000](https://marlerclark.com/news_events/case-news?illness=all&year=2000) [Foodborne Illness Lawsuits in 2001](https://marlerclark.com/news_events/case-news?illness=all&year=2001) [Foodborne Illness Lawsuits in 2002](https://marlerclark.com/news_events/case-news?illness=all&year=2002) [Foodborne Illness Lawsuits in 2003](https://marlerclark.com/news_events/case-news?illness=all&year=2003) [Foodborne Illness Lawsuits in 2004](https://marlerclark.com/news_events/case-news?illness=all&year=2004) [Foodborne Illness Lawsuits in 2005](https://marlerclark.com/news_events/case-news?illness=all&year=2005) [Foodborne Illness Lawsuits in 2006](https://marlerclark.com/news_events/case-news?illness=all&year=2006) [Foodborne Illness Lawsuits in 2007](https://marlerclark.com/news_events/case-news?illness=all&year=2007) [Foodborne Illness Lawsuits in 2008](https://marlerclark.com/news_events/case-news?illness=all&year=2008) [Foodborne Illness Lawsuits in 2009](https://marlerclark.com/news_events/case-news?illness=all&year=2009) [Foodborne Illness Lawsuits in 2010](https://marlerclark.com/news_events/case-news?illness=all&year=2010) [Foodborne Illness Lawsuits in 2011](https://marlerclark.com/news_events/case-news?illness=all&year=2011) [Foodborne Illness Lawsuits in 2012](https://marlerclark.com/news_events/case-news?illness=all&year=2012) [Foodborne Illness Lawsuits in 2013](https://marlerclark.com/news_events/case-news?illness=all&year=2013) [Foodborne Illness Lawsuits in 2014](https://marlerclark.com/news_events/case-news?illness=all&year=2014) [Foodborne Illness Lawsuits in 2015](https://marlerclark.com/news_events/case-news?illness=all&year=2015) [Foodborne Illness Lawsuits in 2016](https://marlerclark.com/news_events/case-news?illness=all&year=2016) [Foodborne Illness Lawsuits in 2017](https://marlerclark.com/news_events/case-news?illness=all&year=2017) [Foodborne Illness Lawsuits in 2018](https://marlerclark.com/news_events/case-news?illness=all&year=2018) [Foodborne Illness Lawsuits in 2019](https://marlerclark.com/news_events/case-news?illness=all&year=2019) [Foodborne Illness Lawsuits in 2020](https://marlerclark.com/news_events/case-news?illness=all&year=2020) [Foodborne Illness Lawsuits in 2021](https://marlerclark.com/news_events/case-news?illness=all&year=2021) [Foodborne Illness Lawsuits in 2022](https://marlerclark.com/news_events/case-news?illness=all&year=2022) [Foodborne Illness Lawsuits in 2023](https://marlerclark.com/news_events/case-news?illness=all&year=2023) [Foodborne Illness Lawsuits in 2024](https://marlerclark.com/news_events/case-news?illness=all&year=2024) [Foodborne Illness Lawsuits in 2025](https://marlerclark.com/news_events/case-news?illness=all&year=2025) [Foodborne Illness Lawsuits in 2026](https://marlerclark.com/news_events/case-news?illness=all&year=2026) ##### Get Help #### Affected by an outbreak or recall? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ Get a free consultation ](https://marlerclark.com/contact) ##### Related Resources ###### [E. coli Food Poisoning](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-food-poisoning) What is E. coli and how does it cause food poisoning? Escherichia coli (E. coli) is a highly studied, common species of bacteria that belongs to the family Enterobacteriaceae, so... ###### [E. coli O157:H7](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-o157h7) E. coli O157:H7 is a foodborne pathogen that causes food poisoning. E. coli O157:H7 is the most commonly identified and the most notorious Shiga toxin-producing E. coli (STEC) serotype in... ###### [Non-O157 STEC](https://marlerclark.com/foodborne-illnesses/e-coli/non-o157-stec) Non-O157 Shiga Toxin-Producing E. coli can also cause food poisoning. E. coli O157:H7 may be the most notorious serotype of Shiga toxin-producing E. coli (STEC), but there are at least... ###### [Sources of E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/sources-of-e-coli) Where do E. coli O157:H7 and non-O157 Shiga toxin-producing E. coli (STEC) come from? The primary reservoirs, or ultimate sources, of E. coli O157:H7 and non-O157 STEC in nature are... ###### [Transmission of and Infection with E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/transmission-of-and-infection-with-e-coli) While many dairy cattle-associated foodborne disease outbreaks are linked to raw milk and other raw dairy products (e.g., cheeses, butter, ice cream), dairy cattle still represent a source of contamination... ##### Outbreak Database #### Looking for a comprehensive list of outbreaks? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ View Outbreak Database ](https://outbreakdatabase.com)