Food Poisoning Law Blog

By FRED PRITZKER
As Americans prepare for 4^th of July cookouts, we once again are faced with recalls due to beef contaminated with E. coli O157:H7, a potentially deadly pathogen.

Late last week, the U.S.Department of Agriculture Food Safety and Inspection Service (FSIS), the agency in charge of the safety of our meat supply, announced a  JBS Swift beef recall of 41,000 pounds. The meat cuts -- commonly used for making store-packaged hamburger at the retail level -- was produced at the JBS Swift Beef Co. plant in Greeley, Colorado.

On Sunday, the recall was expanded to include 380,000 more pounds of beef.  Yet five days after the original recall we still do not know the location of all this beef, or where it was sold.

That's because JBS Swift will not release the names of where the product was shipped, and the FSIS either cannot track, will not track, or will not tell the public where this tainted meat was sold.  In a day and age when you can track a personal package from your computer, minute-by-minute, you would think five days after a serious recall the public could know where potentially deadly meat ended up.

Thankfully, one-by-one, many stores are recalling meat that was reprocessed and repackaged by various distributors and stores. Yet none of this information is available from JBS Swift or from the FSIS website in readily accessible fashion.  Rather, it is being gathered by individual citizens concerned for the public’s safety. For the benefit of all potential victims of this E. coli outbreak, national food safety law firm Pritzker Olsen Attorneys has assembled a list below of stores known to have recalled beef due to this outbreak.

The list likely will be expanding by the day, if not the hour.  You may obtain more information on the specific recalls by clicking on the links below. If you shop at one of these stores, and you think you may have E. coli O157:H7, go to a doctor immediately.  At the doctor, make sure you ask for a stool sample.  That is the best way to determine if you have E. coli O157:H7.  Then contact an experienced E. coli attorney at Pritzker Olsen by calling 1-888-377-8900 (Toll Free). For a free case consultation online, please complete one of our electronic forms. Here's the partial list of stores compiled so far by Pritzker Olsen:

• Bloom and Food Lion Stores in Georgia, South Carolina and Virginia – Beef cuts and ground beef.
• CostCo- Steaks, ribs, ground beef.
• Food 4 Less in Illinois and Indiana  - Ground beef.
• Fry's Food and Drug Stores - Ground beef.
• Hannaford Bros. Co. - Beef cuts and ground beef.
• Kroger - Ground beef.
• Price Chopper - Ground  beef and beef loin bottom sirloin steaks.
• Roundy's Supermarkets Inc., Pick 'n Save, Copps and Rainbow stores – Beef cuts and ground beef.
• Smith's Food and Drug Stores in Utah, Arizona, Idaho, Montana, Nevada, New Mexico and Wyoming  - Ground beef.
• Stop & Shop Supermarket Co. - Ground beef
• WinCo Foods LLC stores in Idaho and Oregon - Boneless bottom round roast, steak, carne asada, ground beef.
  
  The writer, Mr. Pritzker, is founder and president of Pritzker Olsen Attorneys, a national food safety law firm with offices in downtown Minneapolis. To contact Fred, call 1-888-377-8900 (Toll Free).

The CDC provided updated Nestle cookie dough outbreak information today:

CDC is collaborating with public health officials in many states, the United States Food and Drug Administration (FDA), and the United States Department of Agriculture Food Safety and Inspection Service (FSIS) to investigate an outbreak of E. coli O157:H7 infections.

As of Tuesday, June 30, 2009, 72 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 30 states. Of these, 51 have been confirmed by an advanced DNA test as having the outbreak strain; these confirmatory test results are pending on the others. The number of ill persons identified in each state is as follows: Arizona (2), California (3), Colorado (6), Connecticut (1), Delaware (1), Georgia (1), Iowa (2), Illinois (5), Kentucky (2), Massachusetts (4), Maryland (2), Maine (3), Minnesota (6), Missouri (1), Montana (1), North Carolina (2), New Hampshire (2), New Jersey (1), Nevada (2), New York (1), Ohio (3), Oklahoma (1), Oregon (1), Pennsylvania (2), South Carolina (1), Texas (3), Utah (4), Virginia (2), Washington (6), and Wisconsin (1).

Beef Recall Alert: JSB Swift Beef Company, a Colorado firm, has recalled about 380,000 pounds of beef products due to possible contamination with E. coli O157:H7.  The recall was prompted by an outbreak that has sickened at least 18 people nationwide.  The recall is an expansion of a June 24 JBS Swift Beef recall of 41,280 pounds of beef products that were distributed to Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin.

The recalled JBS Swift Beef products were produced on April 21, 2009 and were distributed both nationally and internationally to "establishments" and retail customers who then further processed the beef.  Some of the recalled beef was ground into hamburger.

Because the recalled beef was further processed, the only way you can know if you consumed any of the recalled beef is to contact all stores and eating establishments where you purchased a beef product.  Read "Are You Part of an E. coli Outbreak?"

CONTACT OUR LAWYERS ABOUT E. COLI VICTIM COMPENSATION >>

by Attorney Fred Pritzker

The recent multistate E. coli O157:H7 outbreak associated with Nestlé Toll House refrigerated cookie dough products is still under investigation by state and federal health authorities.  At this stage of the investigation, there is no solid hypothesis as to how cookie dough became contaminated with a pathogen generally found in the feces of cattle. In all my years investigating and representing victims of foodborne illness, this particular E. coli O157:H7 outbreak may be the most baffling. There simply is not an obvious source of contamination like we have seen with other meat or produce related E. coli O157:H7 outbreaks. One very real possibility, however, is that cross-contamination at some stage of the manufacturing process contaminated the cookie dough on a very large scale.

Cross-contamination is not just a concern for commercial food producers – it poses a risk to every consumer in their kitchen and local grocery store. Consumers need to be vigilant about the food they feed their family, and take time to think about the consequences of using the same utensils and surfaces to prepare potentially dangerous raw food and ready to eat food. Often we do not think about the potential hazards of cross-contamination, yet E. coli O157:H7 and Salmonella infections can be lethal. By following these useful food safety recommendations you can greatly reduce the chances your family becomes ill because of cross-contamination.  

When shopping:

• Separate raw meat, poultry, and seafood from other foods in your grocery-shopping cart.
• Place these foods in plastic bags to prevent their juices from dripping onto other foods.
• It is also best to separate these foods from other foods at check out and in your grocery bags.
• Ask your grocer or butcher about their sterilization process for utensils and meat cutters that touch raw meat.

When refrigerating food:

• Place raw meat, poultry, and seafood in containers or sealed plastic bags to prevent their juices from dripping onto other foods. Raw juices often contain harmful bacteria.
• Store eggs in their original carton and refrigerate as soon as possible.

When preparing food:

• Wash hands and surfaces often. Harmful bacteria can spread throughout the kitchen and get onto cutting boards, utensils, and counter tops. To prevent this:
• Wash hands with soap and hot water before and after handling food, and after using the bathroom, changing diapers; or handling pets.
• Use hot, soapy water and paper towels or clean cloths to wipe up kitchen surfaces or spills. Wash cloths often in the hot cycle of your washing machine.
• Wash cutting boards, dishes, and counter tops with hot, soapy water after preparing each food item and before you go on to the next item.

Cutting boards:

• Always use a clean cutting board.
• If possible, use one cutting board for fresh produce and a separate one for raw meat, poultry, and seafood.
• Once cutting boards become excessively worn or develop hard-to-clean grooves, you should replace them.

Marinating food:

• Always marinate food in the refrigerator, not on the counter.
• Sauce that is used to marinate raw meat, poultry, or seafood should not be used on cooked foods, unless it is boiled just before using.

Fruits and vegetables:

• Rinse fresh fruits and vegetables in running tap water to remove visible dirt and grime.
• Remove and discard the outermost leaves of a head of lettuce or cabbage.
• Because bacteria can grow well on the cut surface of fruit or vegetables, be careful not to contaminate these foods while slicing them up on the cutting board, and avoid leaving cut produce at room temperature for many hours.

When serving food:

• Always use a clean plate.
• Never place cooked food back on the same plate or cutting board that previously held raw food.

Attorney Fred Pritzker represents E. coli victims nationwide.  He can be reached at 1-888-377-8900 (toll free) or by submitting our free consultation form.

Nestle Toll House cookie dough packages are printed with a warning against raw consumption of the product. In a press release, the founder and president of national food safety law firm Pritzker Olsen Attorneys explains the emptiness of the warning and calls on Nestle to immediately pay medical bills and lost wages for victims of the ongoing Nestle cookie dough E. coli outbreak.

MINNEAPOLIS, June 23, 2009 -- Pritzker Olsen Attorneys, a national food safety law firm with extensive experience in E. coli O157:H7 litigation, has called on Nestle USA to immediately pay the medical bills, lost wages and other expenses incurred by victims of the E. coli outbreak that state and federal health officials have associated with eating uncooked Nestle Toll House cookie dough.

Fred Pritzker, founder and president of the law firm, also said that Nestle will eventually be held accountable for full compensation to victims even though Toll House cookie dough packages carry a warning against eating the product raw. According to Consumer Reports, 39 percent of American consumers make a habit of eating cookie dough raw.

"It's a popular snack eaten from the package and no one knows that better than Nestle,'' Pritzker said. "A tidy little warning against eating raw dough won't get a company off the hook for selling food that is laced with a deadly pathogen.''

The Centers for Disease Control and Prevention (CDC) has reported that 70 individuals in 30 states have been diagnosed since March 1 with the outbreak strain of E. coli O157:H7, an organism that produces a powerful toxin that can cause severe illness and death. Thirty of the 70 victims have been hospitalized, including seven who have suffered hemolytic uremic syndrome (HUS), a dangerous complication that attacks a person's red blood cells and kidneys. Nestle has recalled ALL varieties of its refrigerated Toll House cookie and brownie dough and the CDC and U.S. Food and Drug Administration (FDA) have warned consumers not to eat or bake with the product.

"It is only fair that Nestle pay for the medical bills of its injured customers,'' Pritzker said. "The families deserve that peace of mind.''

He said other corporations involved in E. coli outbreaks have advanced medical expenses to those injured by their food products. "Corporate responsibility means taking concrete steps to right a wrong. It is time for Nestle to step up and guarantee that its Toll House cookie dough customers will not be stuck with hundreds of thousands of dollars in medical bills,'' he said.

Pritzker Olsen is one of the few law firms in the country practicing extensively in the area of foodborne illness litigation. The firm has recovered tens of millions of dollars for victims of food poisoning and it is involved in practically every major outbreak, including the peanut product Salmonella outbreak that sickened more than 700 people and killed nine late last year and early this year. PritzkerOlsen is representing the families of three women who died in the Salmonella outbreak and has filed a Salmonella wrongful death lawsuit against Peanut Corp. of America -- the company that federal officials have linked to the outbreak.

Currently, Pritzker Olsen is preparing information for a possible Nestle cookie dough lawsuit and it is doing some of its own investigating into the outbreak and product recall. Most of Nestle's Toll House cookie dough is produced at a factory in Danville, Virginia, where 550 people work. The plant also makes Buitoni refrigerated pasta.

To contact an E. coli  lawyer Pritzker Olsen, call 1-888-377-8900 (Toll Free) or contact us online by completing one of our forms for a free case consultation.