Lawsuit alleges negligence by King Soopers

Louis Vazquez, 31, was transporting saltwater in a tanker about 5:45 p.m. Thursday when he pulled in front of a train towing empty coal cars near Weld County roads 398 and 63, about 3 miles northeast of Keenseburg, according to the Greeley Tribune. No injuries were reported, but one engine and 28 cars of the BNSF train derailed, including two cars that jackknifed, the State Patrol said. Vazquez was cited in the collision.

RJ Sangosti, The Denver Post

A lawsuit filed in Fort Collins last week alleges King Soopers and Dillon Companies were negligent in their sale of romaine lettuce tainted with E. coli that sent a Colorado man to a hospital for more than a month, sickened hundreds and was responsible for at least five deaths.

The lettuce outbreak was traced back to the growing region around Yuma, Ariz., where the lettuce fields were being irrigated with water from a canal that passed by a 100,000head cattle feedlot, according to a U.S. Food and Drug Administration investigation.

The outbreak sickened at least 210 people across 36 states and killed at least five people, according to the lawsuit.

It was a particularly virulent strain of E. coli. Victims ranged in age from 1 to 88, and became sick between March 13 and June 6, according to the Centers for Disease Control and Prevention.

Most of the people who became ill were in Pennsylvania and California, where one death was reported, according to The Washington Post.

The CDC said the four other deaths were reported in Arkansas, Minnesota and New York.

Lettuce may still become exposed to E. coli, said Bill Marler, one of the Fort Collins plaintiff’s attorneys and a longtime food safety lawyer.

While E. coli was found in the canal water near the feedlot, it’s not clear the precise origin of the disease or how to ensure it doesn’t get into food systems again.

The plaintiff — William Glasier — started to experience severe diarrhea in April after consuming the lettuce he purchased at a Fort Collins King Soopers.

His symptoms grew so severe that he had to be transported to a hospital, where he had several seizures and his heart briefly stopped before doctors could resuscitate him, the lawsuit says.

Glasier was hospitalized for 41 days, most of which was in an intensive care unit, according to the lawsuit.

The lawsuit claims Dillon, a subsidiary of the Kroger Co. and King Soopers’ parent company, “was negligent in manufacturing, distributing and selling romaine lettuce that was not reasonably safe.”

King Soopers declined to comment on pending litigation.

The lawsuit is the 12th filed in connection to the outbreak. Marler had originally requested information on the retailer’s supply chain to trace where the lettuce had come from. After Dillon and its subsidiaries refused, Marler began litigation to reveal where the bad lettuce originated.

This outbreak comes during a busy year for Marler.

“There have been more outbreaks and recalls since January 2018 than I can recall for the past decade,” Marler said. “It has almost been one a week.”

Marler hired several new lawyers and paralegals to cope with the added workload. At a food safety law firm, that is a bad sign for public health, he said.

Minnesotabased Cargill issued a recall in late August of more than 132,000 pounds of beef that originated at its packing plant in Fort Morgan over E. coli concerns. The recall was expanded Wednesday to include more retailers where the meat is sold. At least one death has been attributed to that outbreak, the Food Safety and Inspection Service said.

The FDA and other foodsafety agencies often put out recall notices on products without listing where the products are sold.

The lack of retailer notifications has been done to protect confidential trade information and supply chains, according to the FDA.

But on Wednesday, the FDA announced it will add more transparency to which retailers have received contaminated food. The draft policy, which will be open for public comment before taking effect, is intended to increase consumer safety, FDA administrator Scott Gottlieb said in a statement.

“We recognize the importance of providing consumers with actionable information related to recalled food products,” Gottlieb said.