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Second lawsuit filed connected with E. coli outbreak in Flathead County

A second lawsuit has been filed in Flathead County District Court after an E. coli outbreak left one person dead and at least 13 others infected
E. coli lawsuit
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KALISPELL — A second lawsuit has been filed in Flathead County District Court after an E. coli outbreak left one person dead and at least 13 others infected.

The Marler-Clark and Bliven law firms filed the complaint on behalf of their client who became sickened by the outbreak after eating at Hops Downtown Grill in Kalispell.

Hops Downtown Grill in Kalispell, Lower Valley Processing in Kalispell and Range Land & Cattle in Columbia Falls are listed as defendants in the complaint with four counts being listed including negligence and strict liability.

The Flathead City-County Health Department (FFCHD) and the Montana Department of Public Health and Human Services (DPHHS) confirmed the source of the E. Coli outbreak is linked to undercooked or made-to-order wagyu beef burgers served at several restaurants in Flathead County.

  • Gunsight Saloon
  • Hops Downtown Grill
  • Tamarack Brewing Company
  • The Lodge at Whitefish Lake
  • Harbor Grille.

The lawsuit claims that at least three of the 14 sickened became ill after returning home from visiting Flathead County. One person died who was a resident of Arizona.
FFCHD confirmed the one person who died had eaten at the Harbor Grille in Lakeside. The last known date of consumption of the E. coli sourced wagyu beef was on July 14, 2024.

The Montana Department of Livestock says all potentially affected products have been removed from commerce.

Food Safety Lawyer Bill Marler says his law firm has been contacted by people who visited Flathead County on vacation and tested positive for E. coli once returning to their home states.

He expects the number of reported cases linked to Flathead County E. coli to rise dramatically.

“Whether or not the Montana Health Department will report those numbers that are up, but eventually the Centers for Disease Control and Prevention will likely report the size of this outbreak is larger than what’s been reported,” said Marler.

Marler expects additional lawsuits will be filed in the near future.