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Dave Babcock

Dave Babcock

Dave Babcock graduated cum laude from the University of Massachusetts in 1991 and received his Juris Doctor from the University of Washington Law School, graduating with Honors in 1997. Since joining Marler Clark in 2001, Dave’s practice has focused on multiple party complex litigation, most commonly related to food-borne illness outbreaks. He has written several articles about food-borne illnesses and food-borne illness litigation for such publications as The Journal of Environmental Health and Trial Magazine.

Articles Written by Dave Babcock

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Legal Battle Centers on E. coli Incubation Time

An appeals court in Ontario, Canada is reviewing the 2009 conviction of two men for “serving food unfit for human consumption.”   A central question on appeal is the incubation period for E. coli O157:H7 infections–in other words, how long after consumption of contaminated food someone falls ill. For starters, it is interesting to note… Continue Reading

The Legal Implications of Secondary Infections

When contaminated food is placed into the stream of commerce, it is not only those who consume the food who will become injured.   For every serving of lettuce or ground beef contaminated with E. coli O157:H7 and each serving of sprouts or peanut butter contaminated with Salmonella, there is a significant chance that someone beyond… Continue Reading

Keeping School Lunches Safe and Healthful

A senate panel last week unanimously approved the “Healthy, Hunger-Free Kids Act of 2010,” clearing it for a final vote.   The legislation is a re-vamping of the Child Nutrition Act, originally passed in 1966.  Portions of the original act were permanent, while others required re-authorization in five year increments.  The school lunch program reaches roughly… Continue Reading

National Kidney Month Kicks Off

The National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), which makes up part of the National Institutes of Health (NIH), has issued a press release recognizing World Kidney Day on March 11.  The awareness-raising day occurs during National Kidney Month.  According to NIDDK, “Chronic kidney disease affects approximately 23 million adults in the… Continue Reading

Animal Exhibitors Should Heed CDC Guidelines

It’s time to add another entry on the list of outbreaks of bacterial pathogens linked to petting zoos and animal exhibits.  The Colorado Department of Public Health and the Environment announced that an outbreak of E. coli O157:H7 in January 2009 was linked to attendance at the National Western Stock Show in Denver.   The… Continue Reading

Problems With School Food Suppliers Not New

USA Today recently reported on the remarkable story of repeated outbreaks of illness in school children associated with Del Rey flour tortillas.  Despite repeated problems, neither the company nor health officials took steps to remove the product from school lunch programs for an extended period of time. Unfortunately, this glaring lack of concern for the… Continue Reading

Putting the Spotlight on Healthcare Food Service

I know you already knew this, but it’s National Healthcare Foodservice Workers Week.   All sarcasm aside, the importance of safe food handling practices for healthcare workers is likely underrated.  While safe food is important to all of us, healthcare food service workers serve a particularly vulnerable population.  The elderly, in particular, are foremost among… Continue Reading