Companies settle with victims in spinach <i>E. coli</i> deaths
Companies settle with victims in spinach <i>E. coli</i> deaths
The families of three elderly women who died after eating spinach allegedly tainted with E. coli bacteria have reached a settlement with Natural Selection Foods, Mission Organics, Dole Food Co. and its subsidiary Dole Fresh Vegetables Inc.
The three women -- Betty Howard, 83, of Richland, WA; June Dunning, 86, of Hagerstown, MD; and Ruby Trautz, 81, of Bellevue, NE -- were hospitalized and later died of complications that their lawyer said could be traced back to the E. coli outbreak that sickened more than 200 people nationwide in August and September of 2006.
San Juan Bautista, CA-based Natural Selection Foods is the packager, Dole Food Co. in Westlake Village, CA, and subsidiary Dole Fresh Vegetables Inc. in Salinas, CA, are the distributors, and Salinas-based Mission Organics is the grower named in the lawsuits.
Bill Marler, a Seattle-based attorney who represented the women's families, said that both sides in the individual cases used San Diego-based retired federal judge Lawrence Irving as a mediator to resolve the claims. The lawyers for both sides of the cases and the insurance companies all have much experience using Mr. Irving as a mediator, Mr. Marler said. He would not disclose the terms of the settlement.
"I don't know who paid what," Mr. Marler said. "Each of them -- Dole, Mission Organics and Natural Selection -- is strictly liable under the law. Each is viewed as a manufacturer."
In cases such as these where the product is not in dispute -- in this instance spinach packed for Dole -- the "only thing to argue about is how much the case is worth," Mr. Marler said.
He added that two other deaths he believes are attributed to the E. coli outbreak are not his clients. He represents about 90 other victims in 26 states.
Samantha Cabaluna, spokesperson for Natural Selection, said that everyone at Natural Selection "remains deeply saddened by the toll of the outbreak" and added that the company is working "honestly and expeditiously" to resolve the lawsuits stemming from the outbreak.
Sarah Brew, the attorney representing Dole Food Co., would only confirm that a settlement had been reached in the deaths of the three elderly women. Brad Sullivan, the attorney representing Mission Organics, also confirmed that a settlement had been reached in the deaths of the three elderly women.
Mr. Marler and several E. coli victims were slated to testify Tuesday, April 24, before a subcommittee of the Congressional Committee on Energy & Commerce on the Food & Drug Administration's oversight of the nation's food supply.
The three women -- Betty Howard, 83, of Richland, WA; June Dunning, 86, of Hagerstown, MD; and Ruby Trautz, 81, of Bellevue, NE -- were hospitalized and later died of complications that their lawyer said could be traced back to the E. coli outbreak that sickened more than 200 people nationwide in August and September of 2006.
San Juan Bautista, CA-based Natural Selection Foods is the packager, Dole Food Co. in Westlake Village, CA, and subsidiary Dole Fresh Vegetables Inc. in Salinas, CA, are the distributors, and Salinas-based Mission Organics is the grower named in the lawsuits.
Bill Marler, a Seattle-based attorney who represented the women's families, said that both sides in the individual cases used San Diego-based retired federal judge Lawrence Irving as a mediator to resolve the claims. The lawyers for both sides of the cases and the insurance companies all have much experience using Mr. Irving as a mediator, Mr. Marler said. He would not disclose the terms of the settlement.
"I don't know who paid what," Mr. Marler said. "Each of them -- Dole, Mission Organics and Natural Selection -- is strictly liable under the law. Each is viewed as a manufacturer."
In cases such as these where the product is not in dispute -- in this instance spinach packed for Dole -- the "only thing to argue about is how much the case is worth," Mr. Marler said.
He added that two other deaths he believes are attributed to the E. coli outbreak are not his clients. He represents about 90 other victims in 26 states.
Samantha Cabaluna, spokesperson for Natural Selection, said that everyone at Natural Selection "remains deeply saddened by the toll of the outbreak" and added that the company is working "honestly and expeditiously" to resolve the lawsuits stemming from the outbreak.
Sarah Brew, the attorney representing Dole Food Co., would only confirm that a settlement had been reached in the deaths of the three elderly women. Brad Sullivan, the attorney representing Mission Organics, also confirmed that a settlement had been reached in the deaths of the three elderly women.
Mr. Marler and several E. coli victims were slated to testify Tuesday, April 24, before a subcommittee of the Congressional Committee on Energy & Commerce on the Food & Drug Administration's oversight of the nation's food supply.
