Meat co. sues church in E. coli case

Meat co. sues church in E. coli case

	Published : Tue, 30 Oct 2007 22:04 By : Agencies Print this Story

OMAHA, Neb. (AP) - A Nebraska meat processor says a Minnesota church that served tainted beef meatballs at its smorgasbord may have been responsible for an E. coli outbreak that was linked to one death and at least 17 illnesses last year.

Nebraska Beef sued Salem Lutheran Church to add the Longville, Minn., church as a fifth defendant in an existing lawsuit. Earlier this month the widower of a Cass County, Minn., woman who died in August 2006 sued Nebraska Beef and three other companies that helped supply beef that was the likely source of the outbreak.

Gary Gordon, who represents the Omaha-based meat processor, said Salem Lutheran essentially acted like a restaurant in this situation and its role in the outbreak should be examined.

'Why should they be held to a different standard than the local Arby's?' Gordon said.

Bill Marler, whose Seattle-based firm represents the plaintiffs, said he's never heard of a food manufacturer suing a private entity like a church although he has seen cases where the manufacturer sued a restaurant.

Marler said it will be difficult to convince a jury that the church should be held liable for the outbreak.

'It's one of the most boneheaded legal strategies I have ever seen in 20 years of legal practice,' said Marler, who handles many food-borne illness cases.

The church referred questions about the lawsuit to its insurance company, Church Mutual, and representatives of the Merrill, Wis.-based company did not immediately return calls for comment Tuesday.

Marler said he's confident the beef served at the church can be linked to the Nebraska Beef plant because tests of the E. coli strain health officials found in Longville matches E. coli tests of meat in the Nebraska Beef plant.

But Gordon said there's not enough documentation to prove the tainted beef came from Nebraska Beef. And he said the Minnesota Health Department's investigation of the outbreak raised questions about how the church workers handled the meat.

Stanton Hawkinson filed his lawsuit over his wife's death earlier this month in Hennepin County.

State health officials have said that Carolyn Hawkinson, 73, was among 17 people in the Longville area who were sickened after eating at a church supper in July 2006.

Two couples also from the Longville area have also filed lawsuits in Cass County, Minn., over the same E. coli outbreak.

All the lawsuits filed earlier this month name Nebraska Beef, Interstate Meat Services, Inc., also known as Falk Properties Inc.; and Tabaka's Super Valu as defendants.

E. coli causes intestinal illness that generally clears up within a week for adults but can be deadly for the very young, the elderly and people with compromised immune systems. Symptoms can include severe stomach cramps, bloody diarrhea and, in extreme cases, kidney failure.

The potentially fatal bacteria are harbored in the intestines of cattle. Improper butchering and processing can cause the E. coli to get onto meat. Thorough cooking, to at least 160 degrees internal temperature, can destroy the bacteria.