Spouse of E coli outbreak victim sues following wife’s death

The husband of an Arizona woman who died after consuming a Wagyu beef burger contaminated with E. coli at a Flathead Valley restaurant is joining others who are taking legal action following the July outbreak.  

A complaint was filed last week by Allen Ball, both individually and as a representative of his late wife Leayne Lynn Ball, in U.S. District Court of Montana in Missoula.  

Marler Clark Law Firm and the Bliven Law Firm are representing Ball in the case against The Docks Bayside LLC, Harbor Grille, Lower Valley Processing and RANGE Land and Cattle Co., among other entities allegedly connected to the July outbreak that originated in Flathead County.  

Attorney Bill Marler of the Marler Clark Law Firm said the firm is also representing the family of another person who died as a result of the outbreak, bringing the death toll to two people. The Flathead City-County Health Department was not available for comment by press time on Monday, but local health officials have previously stated there were nearly two dozen people sickened from the outbreak. 

Allen and Leayne Lynn Ball were visiting Northwest Montana for a wedding, which they never attended, according to the law firm. Leayne Lynn Ball became sick with E. coli after eating a Wagyu beef burger at Harbor Grille in Lakeside on July 7, according to court documents. She became symptomatic on July 9 with stomach cramps, muscle aches and a headache, which continued to worsen over the next several days.  

After she started having bloody diarrhea, she was admitted to Logan Health in Kalispell on July 16. She was diagnosed with hemolytic-uremic syndrome of HUS, which is where small blood vessels become damaged and inflamed. Most often, infections with certain strains of E. coli bacteria are to blame, according to the Mayo Clinic. Blood clots form in the vessels all through the body, which can damage the kidneys and other organs. HUS can lead to kidney failure, which can be life-threatening. 

Leayne Lynn Ball was transferred to the University of Utah Hospital in Salt Lake City due to her condition, but she died on July 18. Her cause of death is listed as “septic shock due to HUS, due to E. coli.” 

The couple was married for over 40 years, according to the law firm. Allen Ball is seeking damages for the wrongful death of his wife and loss of economic and family support, expected future earnings, as well as the companionship and comfort she provided to her family. In addition, the suit also seeks damages to cover funeral costs.  

The second death was a man from Florida, whose wife and son are preparing to file a federal lawsuit, according to Marler. He said the man ate a Wagyu beef burger at Gunsight Saloon in July and was later admitted to the hospital for complications from E. coli. He was released but later died from a blood clot that moved from his leg into his lungs. 

There are four lawsuits so far connected to the E. coli outbreak. Two more cases involving minors who contracted HUS and three more involving adults are also expected to be filed, according to Marler.  

Following the outbreak in July, all potentially contaminated products from Lower Valley Processing were subsequently removed from the marketplace, according to state health officials. 

Local health officials said that 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 connected to E. coli cases. Several other facilities — Flathead Fish, the Crawdad Café and Flathead Lake Lodge — received contaminated Wagyu beef from the same lot number, but no reported illnesses have been associated with those establishments.   

A Montana Department of Livestock-issued recall of Lower Valley Processing products in August said the source of the outbreak remains unidentified. But previous suits 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.    

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.      

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