Sludge Watch ==> 2005 Tainted Vegetable Salinas Valley Lawsuits - produce companies blame Water Agency

[Maureen Reilly]

Sludgewatch Admin:
Looking back ... here is some history on earlier Ecoli 0157 foodbourne 
illness...legally tracking its way back to the Monterey County Water 
Resources Agency


E. coli victims settling claims
Salinas Valley produce companies blaming county over outbreak of tainted 
vegetables
By JOE LIVERNOIS
Herald Salinas Bureau
Jan. 13, 2005
Victims of an E. coli outbreak allegedly involving contaminated vegetables 
grown in Salinas Valley are settling their claims against the restaurants 
serving tainted produce in 2003.
But the legal cases continue while the restaurant owners attempt to pin the 
blame on Salinas Valley produce companies, and operators of those produce 
companies blame the Monterey County Water Resources Agency.
Terms of the settlement agreement between the restaurants and the 
approximately 49 victims of the outbreak are confidential, according to 
William Marler, a Seattle attorney representing the victims.
Not all those claims have been settled, but most have. Once the final claims 
are settled, the terms of the agreements will be public, according to Fred 
Gordon, a San Diego attorney representing Pat & Oscars restaurant and The 
Sequoias, a retirement facility in Portola Valley.
"We've resolved our differences," said Marler. "Both restaurants agreed to 
settle the claims with the victims and are now going upstream after the 
suppliers."
In turn, the suppliers have filed claims against Monterey County, alleging 
the county failed to maintain Santa Rita Creek, resulting in flooding that 
contaminated a field with toxic substances and animal waste.
According to court documents, dozens of customers at Pat & Oscars, a 
Southern California chain, and about a dozen residents at The Sequoias were 
sickened after eating tainted vegetables.
A woman at The Sequoias, 85-year-old Alice McWalter, died after eating raw 
spinach she got from a self-service buffet in the facility. She died on Oct. 
14, 2003 at Stanford Medical Center, two days after she became violently ill 
after eating a salad from the buffet.
At least 16 others at The Sequoias also got sick, but they all survived, 
according to Marler.
In Southern California, health officials concluded that Pat & Oscars 
customers treated for E. coli had all consumed salads provided in pre-mixed, 
pre-washed packaged lettuce mixes. Those bagged salads were tracked back to 
Salinas Valley.
A San Mateo County Health Services Agency report prepared after the outbreak 
at The Sequoias indicated that the strain of E. coli contained in the salads 
resulted in severe symptoms, including violent, bleeding diarrhea.
In McWalter's case, according to court documents, the victim suffered from 
ongoing nausea, renal failure, agitated incoherent speech, intermittent loss 
of consciousness, high fever and seizures.
Gordon said his clients filed cross-complaints against two distributors and 
the two Salinas Valley produce companies, Diamond Produce and River Ranch 
Fresh Foods. Those companies grew, processed and bagged the vegetables that 
eventually were consumed by customers at the restaurant or residents at The 
Sequoias.
The two Southern California distribution companies -- FT Produce and Gold 
Coast Produce -- have settled the case, agreeing to pay a total of $5 
million to Pat & Oscars, Gordon said.
The restaurant's case against Diamond Produce and River Ranch is not yet 
resolved.
"We believe they supplied contaminated food, which is a breach of contract," 
said Gordon.
Meanwhile, attorneys for the two produce companies have filed claims against 
Monterey County.
The Monterey County Board of Supervisors rejected those claims on Tuesday. 
The filing of claims -- and the Board of Supervisors' rejection -- is a 
formality required before a lawsuit is filed in Superior Court.
Those claims contend the water resource agency's failure to maintain Santa 
Rita Creek resulted in flooding, spreading toxics over a field where the 
produce was grown.
Santa Rita Creek meanders from the hilly region northeast of Salinas, across 
Highway 101 in the Boronda area and drains into the Tembladero Slough.
At some points along its route, the areas around the creek are "subject to 
periodic inundation," according to Bill Phillips of the county water 
resources agency.
The claims indicate that the flooding in the E. coli cases occurred on the 
Chinn Ranch properties, which are west of Salinas along the Santa Rita 
Creek.
In November, a state Department of Health Services report indicated that the 
flooding was a "contributing factor" in the E. coli outbreak.
http://www.about-ecoli.com/news/goldcoast11.htm