Second lawsuit filed in connection with deadly E. coli outbreak

A second lawsuit has been filed in connection with a deadly E. coli outbreak from Wagyu beef served at Flathead Valley restaurants in early July.  

Collin Olson got sick from E. coli after eating a Wagyu beef burger at Hops Downtown Grill in Kalispell on July 1, according to a complaint filed in Flathead County District Court on Monday.  

He is suing Hops Downtown Grill, Lower Valley Processing and RANGE Land and Cattle Co. for their alleged roles in the E. coli outbreak.  

Flathead City-County Health Department officials said on July 24 that one death and more than a dozen illnesses were linked to an E. coli outbreak traced back to Wagyu beef served at local restaurants. An August Montana Department of Livestock-issued recall of Lower Valley Processing products said the source of the outbreak remains unidentified.  

The suit alleged the Montana Department of Public Health and Human Services confirmed that Lower Valley Processing and RANGE Land and Cattle Co. products were the source of the outbreak.  

According to emails obtained through an open records request, state health officials were in communication with RANGE Land and Cattle Co., which was a common wagyu beef supplier for the restaurants involved and had cattle processed at Lower Valley Processing.  

Communicable Disease and Epidemiology Supervisor Magdalena Kendall Scott said in a July 19 email sent to other local and state health officials that RANGE reported to the Department of Public Health and Human Services that the lot 1400 Wagyu beef was no longer being served to restaurants.  

Inquiries to RANGE about their connection to the outbreak were not returned by press time.  

Olson began experiencing stomach cramps on July 7 after eating a Wagyu beef burger at Hops, according to court documents. His condition worsened and he suffered from nausea, fever, muscle aches, fatigue, headaches and diarrhea, which turned bloody. He was seen by physicians and underwent an ultrasound and a CT scan.  

A stool culture confirmed positive E. coli results, and Olson was later informed by the Missoula City-County Health Department that he was part of the Flathead County outbreak.  

Olson was unable to return to work for two weeks due to his illness, according to court documents.  

Olson is the second person to file a lawsuit in connection with the outbreak. Both are represented by Bliven Law Firm of Kalispell and Marler Clark Inc. of Bainbridge Island, Washington. 

Alexis Paul, a Missoula County resident who was visiting the area in early July, also filed a lawsuit July 30 in Flathead County District Court. She ate a Wagyu burger from Gunsight Saloon in Columbia Falls on July 1 that contained E. coli, which made her sick, according to the complaint.  

Both lawsuits argued 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. Attorneys also argued 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.  

On July 26, Flathead County Health Department officials said the Gunsight Saloon in Columbia Falls, Hops Downtown Grill in Kalispell, Tamarack Brewing Company in Lakeside, The Lodge at Whitefish Lake and Harbor Grille in Lakeside were associated with the outbreak. 

The U.S. 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.    

All potentially contaminated products from Lower Valley Processing were subsequently removed from the marketplace, according to state health officials. 

Reporter Taylor Inman can be reached at 406-758-4433 or by emailing tinman@dailyinterlake.com.