Hollister
– Three wrongful death lawsuits related to last year’s E. coli
outbreak were recently settled in a confidential agreement.
Hollister – Three wrongful death lawsuits related to last year’s E. coli outbreak were recently settled in a confidential agreement.
Bruce Clark’s Seattle-based law firm Marler Clark represents the families of 81-year-old Ruby Trautz of Nebraska, 83-year-old Betty Howard of Washington and 86-year-old June Dunning of Maryland. Clark said he’s happy with the agreement, which is the first publicly announced settlement to come out of the 2006 outbreak. The outbreak was traced to spinach grown and packaged in San Benito County.
“Our experience is that when you have a large outbreak and the parties put aside the contentious issues, that tends to bode well,” Clark said. “It builds momentum to address additional claims.”
Clark said he could not discuss the specifics of the agreement.
Darryl Howard, Betty Howard’s son, said he’s relieved that an agreement has been reached, but he thinks there’s still more work to do.
“It wouldn’t have mattered how much money it was; it can never replace my mother,” Darryl Howard said.
He added that he finds hope in ongoing legislative efforts to regulate the leafy greens industry.
“Those kinds of changes are what’s going to be important,” he said.
The E. coli outbreak sickened more than 200 people in 2006 and was spread through prepackaged spinach processed at San Juan Bautista-based Natural Selection Foods. Federal authorities linked Trautz’s death, along with a those of an elderly Wisconsin woman and a 2-year-old boy in Idaho, to E. coli contamination.
Dunning’s and Betty Howard’s names were not added to the official list, but their relatives have said they died from E. coli-related complications.
A report released by state and federal health officials in March stated that traces of the deadly E. coli 0157:H7 strain were found on Paicines Ranch near land leased to Mission Organics, a spinach grower. Officials said they did not know how the spinach was contaminated.
Local attorney Bradley Sullivan, who represents Mission Organics, confirmed Monday that Natural Selection Foods’ insurance companies have settled on behalf of Natural Selection, Mission Organics and distributor Dole Food, but he said none of the firms admitted guilt.
Natural Selection spokeswoman Samantha Cabaluna said the company remains committed to working with affected families as fairly and expeditiously as possible.
“We’re hopeful that the settlements can bring some closure to the families,” Cabaluna said.
Clark said the parties met for mediation in late March and agreed on the settlement shortly thereafter. The law firm will try to settle its other E. coli-related claims over the next year, he said.
“I don’t think these defendants want to see these lawsuits tried, nor is it in our clients’ best interests,” Clark said.
According to Marler Clark spokeswoman Suzanne Schreck, the firm currently represents 78 clients from 15 states in cases related to the E. coli outbreak. The firm is also investigating additional claims, she said.
In 2005, more than $14 million worth of spinach was grown in San Benito County. County Agricultural Commissioner Paul Matulich has estimated spinach revenue loss at between $5 million and $6 million in 2006 due to the outbreak.
Joe Pezzini, chairman of the Grower Shipper Association of Central California and the Leafy Greens Advisory Board, said the settlements are an important part of a bigger effort to rebuild consumer confidence. That effort also includes the government’s investigation and a voluntary safety agreement developed by California lettuce and spinach processors, he said.
“Our livelihoods and reputations are at stake,” said Pezzini, who is vice president of operations at Ocean Mist Farms. “We are 100 percent committed to providing the safest produce possible.”
Anthony Ha covers local government for the Free Lance. Reach him at 831-637-5566 ext. 330 or ah*@fr***********.com.
