Family of minor allegedly sickened by E. coli outbreak sues in federal court

A lawsuit has been filed in federal court on behalf of a minor allegedly sickened after eating Wagyu beef from Hops Downtown Grill in July, the latest connected to this summer’s deadly E. coli outbreak.  

The Bliven Law Firm and Marler Clark Inc. are representing Charlinne Garcia, who filed the lawsuit in U.S. District Court in Missoula on Sept. 6. on behalf of her daughter, M.G, according to court documents.  

Flathead City-County Health Department Population Health Supervisor Malia Freeman said as of late August there are 22 cases and one death connected to the outbreak, which was traced back to Wagyu beef served at local restaurants. A Montana Department of Livestock-issued recall of Lower Valley Processing products in August said the source of the outbreak remains unidentified.   

But Garcia’s suit and 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.   

According to the complaint, the minor ate a Wagyu beef burger at Hops Downtown Grill in Kalispell on July 7, which was prepared with ground beef the restaurant received from the single lot contaminated with E. coli. M.G. became symptomatic on July 9 with nausea, stomach cramps, fever, muscle aches, fatigue, headache and diarrhea that later became bloody.  

Her condition worsened and she was seen by Miami Children’s Urgent Care on July 10, the complaint said. She was seen again at UHealth Minute Clinic for bloody diarrhea.  

The minor was again seen by physicians at Baptist Hospital on July 11 due to ongoing symptoms. A stool culture performed there returned positive for E. coli.  That same day, M.G. was transported via life flight helicopter to Miami Children’s Hospital, court documents said. 

She was admitted and was not released until July 14. The minor was informed by the Florida Health Department that she was part of the Wagyu beef E. coli outbreak from Flathead County. She continues to feel ill, the complaint said. 

Jill Dueck with Marler Clark Inc. said the firm is preparing to file another suit for the spouse of the Arizona woman who died from E. coli. She said the couple was visiting Northwest Montana for a wedding, which they never attended. The victim became sick with E. coli after eating a Wagyu beef burger at Harbor Grille in Lakeside, later dying from the illness.  

Dueck said the couple was married for over 40 years.  

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.