Marler Clark: Settlement Announced in Cantaloupe Death and Illness Cases.

Business Editors, Legal Writers

SEATTLE--(BUSINESS WIRE)--May 3, 2002

Marler Clark, the Seattle attorneys, who have successfully fought for safer food, today announced the settlement of two salmonella cases stemming from the May, 2001 salmonella outbreak tied to contaminated cantaloupe.

The cases settled were the wrongful death case of 78-year old Florence Dodds and the personal injury case of fifteen month old Nathan Eget.

On May 25, 2001 the FDA issued a press release warning consumers about Viva Brand imported cantaloupe. The FDA advised consumers of an outbreak of salmonella poona linked to cantaloupe imported to the U.S. by Shipley Sales Service of Nogales, Arizona. The outbreak was implicated in numerous illnesses and one death in Arizona, California, Connecticut, Georgia, Hawaii, Massachusetts, Minnesota, Missouri, New Mexico, Nevada, New York, Oregon, Tennessee and Washington State. The FDA detained all cantaloupe imported by Shipley Sales Service and took steps to prevent the importation of any additional contaminated cantaloupe.

Ms. Dodds, a resident of Hemet, California, endured significant physical and mental suffering as a result of the salmonella infection prior to her death. Her family incurred nearly $10,000 in medical expenses as a result of her death. "Deaths for salmonella poisoning are quite rare, but according to the CDC, about 1,000 people die annually in the Untied States. This was an unfortunate, but completely preventable tragedy," said William Marler, attorney at Marler Clark.

Nathan Eget is the son of Liz and Rick Eget of Tarzana, California. On Wednesday, April 25, 2001, Nathan began to experience serious and unusual symptoms of illness. For three days, Nathan had severe diarrhea and vomiting. He had a constant fever, would not eat, and was extremely lethargic and listless. On Tuesday, May 1, it was discovered that Nathan had grown a Salmonella culture from one of his blood samples, and that there was a bacterial infection in his blood. Since this was a much more serious diagnosis then originally suspected. Nathan was immediately transferred to the ICU for observation, because dangerous side effects could occur after the antibiotic treatment. Nathan's temperature continued to rise, he remained completely lethargic, his stomach became extremely distended, and his diarrhea continued to the point where he needed to be changed every hour. He remained hospitalized for over a week. His family incurred over $40,000 in medical expenses.

Background: Marler Clark (www.marlerclark.com) has extensive experience representing victims of all food-borne illnesses. William Marler represented Brianne Kiner in her $15.6 million settlement with Jack in the Box in 1993. 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. Marler Clark also represented the HUS victims in the Georgia Water Park Litigation. Since 1993 Marler Clark has successfully resolved well over a thousand food-borne illness matters. Total recoveries exceed $75 million. Marler Clark is currently lead counsel in actions resulting from E. coli, Salmonella, Shigella, Listeria, Norwalk Virus or Hepatitis A outbreaks in Washington, California, Ohio, Missouri, Arizona, Minnesota, Illinois, Michigan, Kentucky, Georgia, New Jersey and Wisconsin. Marler Clark has also litigated on behalf of children against KFC, Bauer Meats, IBP, Excel, McDonalds, Hardees, Wendy's, Subway, Sizzler, Carl's Jr. and Costco. Marler Clark recently secured a verdict of $4.75 million against a School District in Eastern Washington. Marler Clark has settled several Salmonella and Hepatitis A actions for over $1 million. The partners at Marler Clark also speak frequently on issues of safe food and have formed www.outbreakinc.com, a non-profit business dedicated to training companies on how to avoid foodborne diseases. Marler Clark is also proud to sponsor the informational sites of www.about-ecoli.com, www.about-salmonella.com, www.about-shigella.com, www.about-norwalk.com, www.about-campylobacter.com, www.about-listeria.com and www.about-hepatitis.com. For additional information, contact William Marler at Marler Clark: 1-800-884-9840 or [e-mail]