Chapter 3: Understanding The Speed With Which Outbreak News Develops
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Return to Defending Claims.
After federal and state health officers have done their jobs (1) finding common patterns in bacterial infections, (2) using the tools of epidemiology to find statistically significant connections between patients and common exposures, and (3) requiring companies to recall the suspect product (and often, a great deal more), the media and lawyers go to work.
In the meat industry, for example, the first step after a likely source is confirmed is a Press Release sent out by the USDA’s Food Safety Inspection Service (FSIS) announcing the meat producer, the approximate number of pounds recalled, the production dates at issue and the names under which the product was distributed. The following is an excerpt from a recent press release:
Once these Press Releases are issued, expect to see significant press coverage and blog entries on the leading plaintiffs’ lawyers’ sites, including www.marlerblog.com. Because the FSIS provides email alerts about recalls, very little time passes between the Press Release itself and its appearance in the press and on the web.
Companies, therefore, must immediately consider how they wish to present themselves in the media. A company spokesman should be selected, keeping in mind that this person will likely be deposed and/or his remarks used at trial. It may also be appropriate to have your lawyer respond to press inquiries, especially if you are responding to a statement by a plaintiff’s attorney. A press release that includes quotes on behalf of the company can also work, and may be the most prudent course in rapidly evolving circumstances where much remains unknown. In all events, it is necessary to have in mind what the company’s themes will be at trial, so that early statements will be consistent with arguments that may be made months and years later.
Claims and lawsuits, legitimate and not, of course follow promptly.
Copyright 2009 by Shawn K. Stevens
