Defending High-Profile Food-Borne Illness Outbreaks And Claims

Given recent improvements in national food-borne illness outbreak surveillance, more food-borne illnesses are being identified, and more outbreaks are being reported.

By extension, many of these outbreaks are being associated with an increasing number of foods, and more companies are – either directly or indirectly – being affected.

For nearly a decade, we have been defending food companies across the country in high-profile outbreak litigation (involving meritorious and non-meritorious allegations). During this period, we have also learned first-hand that when outbreaks do occur, not all investigations are performed properly, and not all resulting claims have merit.

Because of limited resources and other reasons, many outbreak investigations are still unable to identify the real culprit, and some continue to identify the wrong source. Unfortunately, in these and other cases,  many claimants (and their attorneys) continue to sue the wrong party.

Thus, when a food company is faced with an outbreak, it is critical to obtain experienced counsel counsel: (1) who understand how food-borne illnesses are tracked, investigated and confirmed; (2) who can help challenge developing assumptions and conclusions regarding potential source; (3) who can effectively respond to regulators and media during an outbreak and recall; and (4) who know how to properly defend food-borne illness claims and lawsuits when they do, indeed, occur. Over the last 10 years, our firm has written the doctrine on Defending Food-Borne Illness Outbreaks And Claims.

Although we enjoy one of the most plentiful, affordable and safest food supplies in the world, we also live in one of the most litigious societies. Thus, despite the fact that food-borne pathogens are (and likely always will be) an inherent part of our food supply, and despite the fact that individual risk can be greatly reduced through responsible consumer behavior, many individuals will continue to be affected by food-borne illness and, unfortunately, regardless of source or cause, many will continue to sue.

In recognition of your incredible efforts to provide safe and plentiful food to our families, we are proud, when lawsuits are threatened, to protect and defend yours.

Meet Our Food Liability Defense Team

Our food safety lawyers work with food companies nationwide helping prevent litigation, manage recalls and defend high profile food-borne illness outbreaks and claims. 

Over the last decade, the firm has worked closely with many food companies throughout the country (including major food producers, national restaurant chains, and several distributors and grocers) assisting with a wide-range of food safety matters, including crisis planning, management and outbreak litigation.

During this period, the firm has worked with food clients in over 20 states (including Arizona, Alabama, California, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Maine, Massachusetts, Michigan, Minnesota, Nebraska, New Jersey, New Hampshire, New York, North Carolina, Ohio, Pennsylvania, Tennessee and Wisconsin), has represented clients in major outbreak litigation (including outbreaks and cases involving E. coli O157:H7, Salmonella, Campylobacter, Clostridium Perfringens, Staphylococcus and Norovirus), and has assisted with crisis management and other issues in advance of and following major food product recalls.

  

Shawn K. Stevens, a member of the firm's food safety defense team, defends and counsels clients nationwide in product liability, personal injury and food-borne illness matters. 

Mr. Stevens speaks regularly to national audiences on issues relating to crisis management, food-borne illness outbreaks, recalls and lawsuits, and works with numerous food companies (including one of the nation’s largest food producers, national restaurant chains, and several food distributors and grocers) in the defense of food-borne illness claims. 

Mr. Stevens also has wide ranging experience defending clients in commercial, insurance and medical malpractice disputes, and was recently recognized by his peers as a Wisconsin Super Lawyer Rising Star.   

 

Ralph A. Weber, Ralph A. Weber has represented clients in several of Wisconsin’s highest profile lawsuits over the past several decades, and currently litigates for one of the world’s largest companies in food safety cases throughout the United States. His trial experience includes many lengthy jury and court trials. His appellate experience includes multiple oral arguments before the Wisconsin Supreme Court and intermediate appellate courts.

The prestigious international lawyer reference, Chambers Guide-USA, identifies Mr. Weber as a top commercial litigator. He also has been recognized by his peers through selection to Best Lawyers in America, Wisconsin Super Lawyers, and has been selected one of the Best of The U. S.’s list of “Best of Class” service providers in the United States.

An Adjunct Professor at Marquette University Law School, he taught Trial Advocacy for 15 years, and created a jury research and courtroom facility, the Trial Science Institute. In addition to speaking about litigation subjects, Mr. Weber co-edited a best selling book, Dear Americans: Letters from the Desk of Ronald Reagan (Doubleday, 2003).

Mr. Weber served on the Law Review at Columbia University Law School, graduating in 1982, and then served as a Law Clerk for the Hon. Richard D. Cudahy, United States Court of Appeals for the Seventh Circuit. He graduated summa cum laude from Marquette University in 1978.
 

Amelia L. McCarthy, a member of the firm, specializes in general commercial, health care, food and product liability litigation.

She also currently serves as a Municipal Prosecutor for a Wisconsin community and has served as a Public Service Special Prosecutor for the Dane County and Milwaukee County District Attorney's offices. 

Throughout the course of her career, Ms. McCarthy has tried over 50 court and jury trials. She also successfully defended four class action lawsuits, obtaining three dismissals with prejudice and one nuisance value settlement without having to proceed through class certification.

Ms. McCarthy has been recognized by her peers through selection to Wisconsin Super Lawyers and was recently named one of Milwaukee's Top "40 under 40" business leaders.

Fourteen Time Zones, Seven Days, Three Countries, Multiple Outbreaks, One Firm...

Sonia Johnson, a distinguished advocate for equal rights, once said “We must remember that one determined person can make a significant difference, and that a small group of determined people can change the course of history.”

In the past month, the Gass Weber Mullins’ Food Safety Defense Team has addressed more than a thousand food industry leaders in venues across the globe, on topics ranging from advancements in food safety technology to outbreak surveillance and food-borne illness litigation.

The 29th Annual Microbiology Symposium in River Falls, the American Conference Institute Food-borne Illness Litigation Conference in Chicago, and the National Center for Food Safety and Technology 2009 Annual Meeting, where Shawn Stevens filled in as Keynote Speaker for Senior FDA Policy Advisor Mike Taylor, are but only a few examples.

The distinguished members of Gass Weber Mullins, of course, have written the doctrine on Managing Food-borne Illness Outbreaks and Claims.

The utilization of emerging technologies to identify previously indeterminate sources of food-borne illness outbreaks, combined with broad expertise in national outbreak surveillance, media relations, government regulation and food-borne illness litigation, have cemented the firm's unsurpassed reputation as a food safety leader, and opened the door to speaking engagements throughout the United States and abroad. In the past few weeks, the firm’s food safety attorneys have also given presentations at the SQF Annual International Conference in Guadalajara, and the 3rd Annual International Food Safety and Quality Conference in Beijing, China.

Gass Weber Mullins strives, through hard work and determination, to recognize the valiant efforts of the hardworking individuals and food companies who work tirelessly, not only to put food on our tables, but also to improve the safety of our food. And, in a world marked by an increasing number of outbreaks, an escalating number of recalls, and rising number of meritless lawsuits, their mantra always has been, and always will be, "proudly defending the hard working Americans who feed our families."

When it comes to food safety litigation, Gass Weber Mullins leads the way.

Proudly Defending The Hard Working Americans Who Feed our Families

 

So, here we go again. Thinking about food rather than eating it. But, that's okay.

Because helping food companies decrease the risk of potential litigation, finding the real source of an outbreak (when it does occur), helping a faultless company avert a crisis, working to extract an innocent food producer from a stray investigation, or simply proving decisively before trial that a food-borne illness claim lacks all merit, is well worth the small sacrifice of delaying a meal.

For nearly a decade, we have worked nationally with food companies and food safety professionals preventing litigation, managing outbreaks and defending claims.

During this period, we have observed (first hand) what really happens inside our processing plants, grocery stores and restaurants, and are here to proclaim, without hesitation, that we are proud to eat the food you make. Additionally, while our food safety system may never be perfect, it is extremely well suited to identify problems when they arise, to encourage quick and effective solutions, and to help ensure that our food supply remains one of the most plentiful, affordable and safest in the entire world.

Thank you for a job well done!

Welcome to www.defendingfoodsafety.com.