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  Food fights      

 

by Hannelore Sudermann
photography by Bruce Andre and Robert Hubner

The nation's leading food-borne illness attorney tells all.

Marler title

Bruce Andre

 

On a fall day in 1984, a keen young law clerk took off alone on an errand to collect evidence for a case.

Since his destination, the Swedish Medical Complex, was perched just up the hill from the Seattle firm where he worked, Bill Marler decided to walk.

In his mid-20s, Marler wasn’t going to be a clerk for long. He had plans to climb the ranks of the city’s litigators and, eventually, run for public office. As the first Washington State University student ever to sit on Pullman’s city council, he had already developed a taste for politics.

On the day of his walk, Marler’s firm was defending a company against charges of selling asbestos products in the 1950s, knowing that they were hazardous. A man named William Kinsman had died of pleural mesothelioma, an asbestos-triggered cancer of the thin layer of tissue that lines the chest cavity and covers the lungs. The disease can remain latent for decades and then spring into a virulent form, bringing shortness of breath, pain under the rib cage, a dry cough, and then blood, signs that the cancer is spreading into the lungs. Kinsman had been exposed, according to the suit, while working in the Bremerton shipyards. Marler knew the site, since he grew up on a small farm just 10 miles away.

As he hiked up Madison Street, he felt pleased with his life. He was sailing through law school and had plans to build a great career. His breezed into Swedish and asked for the Kinsman evidence.

To his bewilderment, he was handed a human lung—a pink and grey organ clearly visible inside a thick plastic pouch. “No one told me to bring something to carry it in,” he says.

As he walked back down the hill, gingerly carrying the lung that for six decades had given life and breath to Mr. Kinsman, a single thought buzzed through his head: “I don’t want to do this.” With some relief, he delivered the specimen to the firm’s medical expert and then tried to wipe the wonder from his mind. He knew that companies like the one his firm was defending deserved competent legal representation. And he knew that good lawyers, no matter which side they were on, were what made the system work.

He watched the firm’s attorneys depose the victim’s widow later that day, and heard her tearfully describe the agony of her husband’s demise. “I’m sitting across the table from someone who had been married to a guy for 40 years,” says Marler. “He retires, and two years later he’s dead.”

Marler knew the answer to his quandary then: this was the wrong side for him.

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Continued