Lawsuit filed in Wagyu beef E. coli case

By TAYLOR INMAN

For the Hungry Horse News

One of the 14 people sickened by a deadly E. coli outbreak that originated in Flathead County is suing businesses connected to the contamination.

Washington-based attorney Bill Marler and Kalispell’s Bliven Law Firm are representing Alexis Paul, a Missoula County resident who was in the area visiting Glacier National Park. Paul ate a Wagyu burger from Gunsight Saloon on July 1 that contained E. coli, which made her sick, according to the complaint filed in Flathead County District Court on July 30.  

The lawsuit is directed at Gunsight Saloon and its associated corporation, Yikes Inc., as well as Lower Valley Processing, where the ground beef was processed. So far, the source of the E. coli outbreak has not been identified. Montana Department of Livestock officials said on July 30 that meat containing E. coli from Lower Valley Processing was sent to several local restaurants, where the 14 people affected by the outbreak consumed the beef.  

One of the people who got E. coli died from their illness.  

Lower Valley Processing in coordination with the Flathead City-County Health Department and state health organizations has since removed all potentially contaminated products from the marketplace and issued a recall, state officials said.  

Paul began seeing symptoms of E. coli on July 6, when she had stomach cramps and diarrhea. A stool culture confirmed on July 10 that she tested positive for E. coli 0157:H7, according to the complaint. She was given fluids for dehydration and provided a daily blood sample and one more stool culture before she could return to work on July 19.  

Paul was informed by the Missoula City-County Health Department that she was part of the E. coli outbreak that originated in Flathead County, according to court documents. Testing on meat samples is done to connect specific cases to people who test positive for E. coli 0157:H7, according to Flathead City-County Health Department officials, who worked with other health departments and the Montana Department for Public Health and Human Services on the investigation.  

The suit argues that it was the responsibility of the defendants to “owe a duty of care to the plaintiff to design, manufacture and/or sell food that was not adulterated” and fit for human consumption. It also argues that they had a duty to comply with all applicable state and federal regulations intended to ensure the safety of food products, including the requirements of the Federal Meat Inspection Act and Montana state law. 

The United States Department of Agriculture, as well as other federal and state health organizations, recommend cooking ground beef to an internal temperature of 160 degrees to avoid contracting E. coli.   

MARLER BOASTS decades of experience representing victims of foodborne illnesses, starting back in 1993 when he was involved with the Jack in the Box E. coli outbreak that sickened 700 people across the western U.S.

He said most of his work in the 1990s revolved around E. coli cases linked to ground beef. It’s become increasingly rare to see meat as the culprit, he said.

“Now, all the E. coli cases are primarily linked to fruits and vegetables,” Marler said, pointing to the 2018 romaine lettuce E. coli outbreak that hit almost every state in the country.

“To have an outbreak of 14 people, that may not seem large in the scheme of outbreaks. But you know, with romaine lettuce outbreak, there were 210 people who got sick and five deaths. So, to have 14 people sick and one death, unfortunately, it’s actually kind of one of the largest E. coli outbreaks that’s occurred in the last decade,” Marler added.

He said it’s likely that the restaurants and processing facility did not know about the contamination, but they have an obligation to not distribute the product. Though some menus warn that undercooked meat could cause foodborne illness, he said those disclaimers are not binding on consumers.  

“The restaurants also have responsibility for cooking ground beef to what the FDA Food Code says, which has really been the standard since the Jack in the Box outbreak in 1993,” Marler said.  

He pointed to a 1994 decision by the Food Safety Inspection Service, under the USDA, which notified the public that raw ground beef contaminated with E. coli O157:H7 is considered adulterated under the Federal Meat Inspection Act, unless the ground beef is further processed to destroy this pathogen. Also in 1994, the agency began sampling and testing ground beef for E. coli O157:H7. The Federal Meat Inspection Act prohibits adulteration or misbranding.  

Marler said his client deserves to be compensated for medical expenses, lost wages from missing work due to illness and for the suffering they endured while sick. 

The sickness associated with E. coli can be grueling, including symptoms like stomach cramping, bloody diarrhea, and occasionally vomiting and high fever.  

“You could also have cases, not that I’ve seen in this outbreak, and not any of my clients, but some people develop acute kidney failure, because the bacteria has gotten into the bloodstream and clogged the kidneys, the liver and the brain. It can wreak havoc on especially children or the elderly,” Marler said.  

He said the safety standards enacted to combat E. coli in the 1990s have made the meat supply much safer than it used to be, but a level of risk remains. 

“Restaurants always need to worry about something that slips through the slaughterhouse and grinding operation,” Marler said. “And you know, they just can’t ignore the fact that ground beef needs to be cooked thoroughly, unlike like a steak.”