Food Poisoning Law Blog : Food Poisoning Lawyer & Attorney : PritzkerLaw : Food Safety, Outbreaks & Recalls

By FRED PRITZKER

Late last summer there was a devastating outbreak of E. coli O111 traced back to the Country Cottage restaurant in Locust Grove, Oklahoma. 341 people were sickened and one person died.

While the source of the outbreak – the restaurant – was quickly identified, the disease-causing organism was not isolated on the restaurant premises or in the food and water served there. Thus, thefinal outbreak report (just released by the Oklahoma State Department of Health) concluded:

"In the absence of isolating the outbreak organism from any environmental specimen, including restaurant surfaces, food, well water and animal feces, or from a restaurant employee who reported diarrheal illness, the original vehicle of contamination could not be determined. The exact mode of spread within the restaurant was not established, however, the epidemic curve and exposure analyses suggests there was ongoing foodborne transmission of E. coli O111:NM to Country Cottage restaurant patrons between August 15 and August 24, 2008."

Not surprisingly, this outbreak created some political fallout in the Sooner state. The state’s attorney general was quoted as saying “they [OSDH] botched the investigation and are very reluctant to admit they botched the investigation.”  He said his own office determined the likely cause of the outbreak was poultry litter that contaminated the restaurant’s well water.  Local politicians and, of course, the poultry industry vigorously dispute the attorney general’s accusations.

What is not in dispute, however, is the fact that E. coli O111 is a virulent pathogen that causes severe illness and death. Also not in dispute is the fact that most of the restaurant patrons will never be fully compensated for the losses they suffered. That’s because although the restaurant had insurance, the amount of the coverage is woefully insufficient to cover the harms and losses sustained by the victims. Do the math: even assuming a liability policy of $1,000,000, the average recovery for an outbreak victim would be under $3,000.

Within a few months of this massive outbreak, the restaurant reopened its doors and presumably is well on the way to building back up its business. That’s probably a good thing, assuming the restaurant owners utilize this tragedy to review and revamp the restaurant’s food safety and sanitation practices.

Of course, the outbreak victims, especially the person who died, don’t have that luxury. Many of them will never recover and even those who do face financial and physical hardship for years to come.

 So the restaurant re-opens, the disease spreading vector is never identified, nobody is held accountable and politicians try to advance their careers. What about the victims?

The Locust Grove tragedy illustrates a number of problems – some insoluble, but some fairly easy to remedy. For example, let’s start requiring food purveyors to carry enough insurance to fairly compensate their customers when the food they sell is adulterated with deadly pathogens.  This should not be hard or prohibitively expensive.

 If the coverage is not available at a fair price in the private sector, let the government underwrite risk pools and excess coverage. There are a plenty of existing programs to model on including flood insurance, crop insurance, vaccine compensation programs, etc.

 Insurance is risk spreading when the risk of harm cannot be eliminated. So why should foodborne illness survivors have to go it alone, especially when they are absolutely blameless for the damage they suffer. If we write off toxic assets, can’t we at least underwrite insurance for victims of toxic food?

Fred Pritzker is founder and president of PritzkerOlsen, P.A., a national food safety law firm that represents victims of all major outbreaks of foodborne illness, including the Country Cottage E. coli 0111 event.  Mr. Pritzker and members of his firm are frequent guests and commentators about food safety issues and have been interviewed by and profiled in a number of media sources including The New York Times, The Wall Street Journal, CNN, The Associated Press and CBS News. The firm's telephone number is 1-888-377-8900.

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The Oklahoma State Department of Public Health issued a report this week that provides an excellent example of the impact that food poisoning has on our society -- beyond the ultimate price of human health and life.

For starters, the most important thing to remember about the E. coli O111 outbreak at Country Cottage Restaurant in northeastern Oklahoma last year was that contaminated food or water killed one of the patrons and sickened more than 300 others. National food safety law firm PritzkerOlsen, P.A., represents some of the victims, including a toddler who became seriously ill with hemolytic uremic syndrome and had to undergo dialysis.

According to the executive summary of the report, the state alone poured 6,481 hours of work into the public health response and investigation into what was to become the largest E. coli O111 outbreak in U.S. history. Once victims started to show up at Tulsa area hospitals with bloody diarrhea, it took less than 48 hours for health investigators to identify Country Cottage as the likely source of the outbreak. Shutting the restaurant down contained the outbreak, but investigators were never able to pinpoint the exact cause of transmission inside the restaurant. 

If you were to conservatively attach $65 an hour to the equation, the cost to Oklahoma taxpayers exceeded $420,000 -- probably much closer to half a million dollars. And that doesn't count the many hours of work on the outbreak performed by health departments in nearby states, the Oklahoma Attorney General's Office, the U.S. Centers for Disease Control and Prevention and the U.S. Food and Drug Administration.

There's no surprises in the report, but here's what the official findings of the state's epidemiologic investigation indicate:

1. This was a point source outbreak originating from the Country Cottage restaurant in Locust Grove, Oklahoma.
2. Because the outbreak organism was not isolated from any environmental specimen, it could not be conclusively determined how E. coli O111 was introduced into the restaurant.
3. The exact mode of spread within the restaurant was not established, however, the epidemiological analyses suggests there was ongoing foodborne transmission of E. coli O111 to Country Cottage restaurant patrons between August 15 and August 24, 2008.

The report also had a nice, technical summary of how E. coli reaches and damages its victims:

Enterohemorrhagic E. coli can cause serious illness and pathology because of its ability to produce potent cytotoxins called Shiga toxins 1 and 2. Persons who ingest Shiga toxin-producing E. coli (STEC) may have a diarrheal illness ranging from very mild and non-bloody to severe with very bloody stools. Cattle and other ruminant animals such as sheep, goats, and deer are considered the primary reservoir of STEC bacteria. The infectious dose is very small and STEC are often spread by ingesting food items contaminated with ruminant feces that are not subsequently cooked. Person-to-person transmission, direct animal contact, and waterborne transmission, either from contaminated drinking water or recreational water, are other exposure routes.

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A 20-month-old little girl is recovering from hemolytic uremic syndrome (HUS), an illness she developed after contracting an E. coli O111 infection. She stayed in the hospital for 12 days and needed dialysis treatment to get her kidneys working again. Her father stated in a USA Today report that “she received dialysis treatment and was stuck with so many needles she thought she was being punished.”

This little girl was part of an E. coli O111 outbreak that health officials associated with the Country Cottage restaurant in Locust Grove, Oklahoma. According to the CDC, 313 people were sickened in the outbreak. One person died and 17 developed HUS and needed dialysis. To date, health officials have not found a food source for the outbreak.

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As part of the investigation into the E. coli 0111 outbreak linked to the Country Cottage restaurant in Locust Grove, Oklahoma, the Oklahoma State Department of Health (OSDH), the Tulsa Health Department, and a team from the federal Centers for Disease Control and Prevention are investigating an event catered by the Country Cottage restaurant at the Bethany Free Will Baptist Church in Broken Arrow, OK on Aug. 16. According to the OSDH, about 250 persons attended the event. At least 30 of the attendees have reported illness with diarrhea and other symptoms. According to news reports, one attendee at the event (an annual ladies’ tea) has been diagnosed with E. coli.

The number of confirmed cases of E. coli 0111 associated with the Country Cottage continues to grow. OSDH reports that at least 291 persons have confirmed cases of E. coli 0111. Of that number, 227 were adults and 46 were children; the ages of 18 cases have not yet been identified. One person has died.

At least 67 persons have been hospitalized, including 16 who have received dialysis treatment after developing hemolytic uremic syndrome (HUS), which can cause E. coli-associated kidney failure. Of that number, nine were children and seven were adults.

We are representing a victim of this Oklahome E. coli 0111 outbreak and her family. The victim is a toddler who developed hemolytic uremic syndrome (HUS). To contact us about a Country Cottage lawsuit, please call 1-888-377-8900 (toll-free), e-mail attorney Fred Pritzker, or submit our online form for a free consultation.

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According to the Oklahoma State Department of Health (OSDH), at least 231 persons have become ill as the result of an E. coli 0111 outbreak in northeastern Oklahoma that has been linked to the Country Cottage restaurant in Locust Grove, Oklahoma. Of that number, 185 were adults, 43 were children and the ages of three cases have not yet been confirmed.

At least 61 persons have been hospitalized including 16 who have received dialysis treatment due to the development of hemolytic uremic syndrome (HUS). Of that number, nine were children and seven were adults.  One 26-year-old man died.

The OSDH cautions that the number of reported cases and hospitalizations associated with the outbreak are likely to change as the investigation continues.

The source of the outbreak has not been found. Laboratory analysis of the restaurant’s well water found no E. coli 0111 bacterium. Laboratory analysis of environmental samples taken from the restaurant indicated no disease-causing pathogens were found on the restaurant’s surfaces. Laboratory analysis of food samples from the restaurant is continuing.

“We found no firm evidence of E. coli 0111 on food preparation and serving surfaces,” said State Epidemiologist Dr. Kristy Bradley. “I would caution, however, that it is very challenging to go to the scene of a food-borne illness outbreak and try to retrieve an organism from surfaces that may have been cleaned since any contamination took place.”

“It is possible that any environmental contamination was not widespread in the restaurant, so our epidemiological investigation will continue to focus on what foods may have been contaminated and caused persons to become ill,” Bradley said.

E. coli 0111 was identified from laboratory specimens of patients sickened by the outbreak.

Our law firm has been contacted by families of victims of this outbreak.  To contact us for a free consultation, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our online form.

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The Oklahoma State Department of Health (OSDH), with the aid of 3 CDC staff, interviewed an additional 310 people over the weekend who ate at the Country Cottage restaurant in Locust Grove, OK, from August 15 through August 17.  Over 200 people who ate at the restaurant on these dates contracted E. coli 0111 infections.  One 26-year-old man, a gospel singer, died and several children developed hemolytic uremic syndrome and are on dialysis.

So far more than 1,300 persons who ate at the restaurant have been interviewed as part of the OSDH investigation. The OSDH is interviewing both those who became sick as well as those who did not after eating at the Country Cottage in an attempt to identify the distinction between what might have been a popular food choice versus a valid association with food selection and illness.

The OSDH and the CDC are doing an epidemiological analysis of the interview data. In addition to studying the possible association of illness to specific food items, the OSDH has conducted environmental sampling of food preparation and serving surfaces at the restaurant, as well as some food sampling. Laboratory results are still pending on environmental and food samples.

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The Oklahoma State Department of Health (OSDH) said today it has determined the need to interview about 320 additional persons as part of its ongoing investigation into the source of an E. coli 0111 outbreak in northeastern Oklahoma.  The E. coli 0111 outbreak has been linked to the Country Cottage restaurant in Locust Grove, Oklahoma.

According to State Epidemiologist Dr. Kristy Bradley:

In our efforts to establish if there is an association with particular food items and illness, we will be interviewing more persons to find those who ate at the Country Cottage and did not become ill. In an investigation of this scope, it is as important to collect information on those who did not get sick as those who did become ill. We’ve determined that our statistical database does not adequately represent those who ate at the Country Cottage but did not become ill. This information is necessary so that we can make the distinction between what might have been a popular food choice versus a valid association with illness.

The OSDH also announced that the CDC is going to participate in the outbreak investigation:

“This outbreak is of great interest to CDC because it will add to knowledge on the range of disease that the E. coli 0111 organism can cause,” Bradley said. She said federal officials will conduct medical reviews to look at acute symptoms and complications of those who became sick due to the E. coli 0111 infection. They will also assist OSDH staff in telephone interviews.

At least 206 persons have become sick as a result of this E. coli 0111 outbreak, including 149 adults, 53 children, several of whom developed hemolytic uremic syndrome, a life-threatening illness that can cause kidney failure, pancreatitis, liver damage, brain damage and damage to other organs. One person has died.

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Many of the persons who were hospitalized as a result of the Oklahoma E. coli O111 outbreak have recovered and are being released from area hospitals. State health officials believe the total number of persons hospitalized at the peak of the outbreak exceeded 50; about 27 are currently hospitalized.

At least 206 persons have become sick as a result of the outbreak including 149 adults, 53 children, and four whose ages have not yet been confirmed. Cases range in age from 2 months to 88 years. One person has died.

The Oklahoma State Department of Health (OSDH) investigation is focused on the Country Cottage restaurant in Locust Grove, OK. Most of the people who became ill reported eating at the restaurant from Aug. 15 through Aug. 23. The 26-year-old man who died in this outbreak also reportedly ate at the Country Cottage before becoming ill. 

Health officials have not found the source of the outbreak.  As OSDH officials continue their investigation of this outbreak, they are sampling and testing food preparation and serving surfaces in the Country Cottage restaurant for any E. coli 0111 contamination. They are also still interviewing people who may have eaten at the restaurant from Aug. 15 through Aug. 23.

OSDH did not find E. coli in the restaurant's well water, which means the source of the outbreak was most likely a food item.

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An Oklahoma E. coli 0111 outbreak has sickened over 200 people.  The Oklahoma State Department of Health (OSDH) has linked the outbreak to the Country Cottage restaurant in Locust Grove, Oklahoma.  Last week, news reports indicated that the source of the outbreak may have been the restaurant's well water.  Today, the OSDH reported "that laboratory analysis of water samples taken from a private well on the property of the Country Cottage restaurant in Locust Grove, OK, has found no disease-causing bacteria."

“The well water is not the source of this outbreak,” said State Epidemiologist Dr. Kristy Bradley. “We are continuing our efforts to conduct microbiological testing of food preparation and serving surfaces in the restaurant, and we continue to interview cases, as we try to establish an association with those who became ill and a potential source.”

At least 206 persons are sick as a result of the outbreak including 149 adults, 53 children, and four whose ages have not yet been confirmed. One person has died, a 26-year-old man, and several children have developed hemolytic uremic syndrome.

“This appears to be the largest E. coli 0111 outbreak ever reported in the U.S.,” Bradley stated. “The complexity of this outbreak and the necessity to be extremely thorough in our investigation means we still have more questions than answers.”

Although health investigators have interviewed more than 500 persons, they have not yet determined the source of this Oklahoma E. coli 0111 outbreak.

For information about restaurant liability and an E. coli 0111 lawsuit, please contact our law firm: call 1-888-377-8900 (toll-free) or email attorney Fred Pritzker, managing attorney for our E. coli litigation cases.

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The federal Centers for Disease Control and Prevention (CDC) has notified the Oklahoma State Department of Health (OSDH) that it has identified E. coli 0111 from laboratory specimens CDC has analyzed as part of the ongoing investigation into the diarrheal illness outbreak in northeastern Oklahoma linked to the Country Cottage restaurant in Locust Grove, Oklahoma.

According to the OSDH, at least 116 persons have become ill as a result of the E. coli 0111outbreak, including 87 adults and 29 children.

“This is a rare type of E. coli that is not normally found in an outbreak this large,” said State Epidemiologist Dr. Kristy Bradley.

According to health investigators, most of the people sickened in this E. coli 0111 outbreak ate at the Country Cottage restaurant during the time period of August 15 through August 23. The OSDH has not found the source of this Oklahoma E. coli outbreak. Legally, even if a specific source is not found in an outbreak linked to a restaurant, that does not prevent those sickened from seeking compensation for medical expenses, pain and suffering, lost income and other damages from the restaurant.  Contact our law firm about restaurant liability. To contact the firm, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our online form for a free consultation.

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The Oklahoma State Department of Health has issued an update regarding the E. coli outbreak that has been linked to the Country Cottage restaurant in Locust Grove, Oklahoma. According to the update:

The Oklahoma State Department of Health (OSDH) has narrowed the focus of its investigation into a severe diarrheal outbreak in northeastern Oklahoma to the Country Cottage restaurant in Locust Grove, OK. The OSDH is trying to determine how food served at the restaurant might have become contaminated. The restaurant continues to remain closed while the outbreak investigation continues.

Yesterday the OSDH confirmed that this is an Oklahoma E. coli outbreak. One man has died, four children have developed hemolytic uremic syndrome (three of them are on dialysis and fighting to recover), at least 50 people have been hospitalized and at least 23 others have been sickened but not hospitalized.

The OSDH is trying to determine how food served at the restaurant might have become contaminated.  Contact our law firm regarding restaurant liability: 1-888-377-8900 (toll-free) or email attorney Fred Pritzker, managing partner for our E. coli litigation practice.

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The Oklahoma State Department of Health has reported that the outbreak that has resulted in one death and dozens sickened is an E. coli outbreak. The Oklahoma State Department of Health's public health laboratory found "a type of E. coli bacteria" in 10 patient specimens tested. (Update: On August 29, 2008 the Oklahoma State Department of Health reported that the E. coli involved in this outbreak is 0111 and that 116 persons have been sickened in the outbreak.)

Four children sickened in this Oklahoma E. coli outbreak have developed hemolytic uremic syndrome (HUS).  Three of those children are on dialysis.

We are representing people who contracted E. coli infections after eating at restaurants. One person we are representing developed hemolytic uremic syndrome and is in a coma.  Attorney Fred Pritzker spent two days in the intensive care unit with the family.

Antibiotics and anti-diarrheal medicines are not recommended for treating E. coli. Research has shown that antibiotics and anti-diarrheal medicines can lead to the development of hemolytic uremic syndrome.  Although the CDC has issued a warning to medical professionals regarding this, we have been contacted by people who have been prescribed these medications when they presented to a doctor with the symptoms of an E. coli infection.

For information about E. coli lawsuits, restaurant liability, or any other legal help, please contact our law firm: 1-888-377-8900 (toll-free) or email Fred Pritzker, managing attorney for our E. coli litigation cases.

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The Oklahoma State Department of Health (OSDH) has issued an update of what appears to be an E. coli O157:H7 outbreak that has been associated with the Country Cottage restaurant in Lotus Grove, Oklahoma.  (Update: On August 28, 2008 the OSDH reported that the E.  coli involved in this outbreak is 0111 and not O157:H7.) The Country Cottage "E. coli" outbreak may have sickened over 50 people.  According to the OSDH, "At least 17 cases have been hospitalized and 40 or more cases are under investigation. One person has died."

This is up from the 14 hospitalized cases and "20 or more potential cases" reported yesterday.

Although health officials have not determined the source of the illness, epidemiological evidence has determined that "a large number" of the people sickened and the person who died ate at the Country Cottage restaurant in Locust Grove, OK.

Oklahoma health laboratory officials continue to analyze specimens taken from ill persons to try to determine if the diagnosis is E. coli O157:H7 infections. (Again, as of 8/29/08 the diagnosis is E. coli 0111.) Signs and symptoms of these Country Cottage "E. coli" cases include diarrhea, bloody diarrhea, vomiting, and severe abdominal cramping.

Our law firm has been contacted by people sickened in this Country Cottage "E. coli" outbreak. It is imperative for both medical and legal reasons for people experiencing symptoms of E. coli to seek medical attention. If you or your child is diagnosed with E. coli, you should immediately contact us regarding the additional testing that needs to be done to connect your or your child’s case of E. coli to this outbreak.

Our law firm represents people sickened in E. coli outbreaks linked to restaurants. We recently recovered compensation for victims of an outbreak linked to a restaurant even though health officials never found the source of the outbreak. Contact us about restaurant liability.

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A 26-year-old newlywed from Pryor, Oklahoma died on Sunday from what appears to be an E. coli O157:H7 infection.  (Update: On August 29, 2008 the Oklahoma State Department of Health reported that the illnesses are E. coli 0111 infections.) As a law firm that practices in the area of E. coli litigation, we feel that we have a responsibility to do our part to make people aware of the dangers of E. coli and to advocate for food safety. That is why we started this blog.

When someone dies from the complications of an E. coli infection, we think people need to know. The young man who died, a gospel singer, was a husband (for only a few months), son and friend, and he died of a preventable illness. Although health investigators may never find the source of the E. coli that killed this young man and sickened over 30 other people, E. coli contamination is always the result of unsanitary practices that lead to feces (usually cattle feces) getting into food or water.

If you follow the links above, you will meet a young man with talent and a bright future. We urge you to take action and contact your federal legislators:

• Tell them that they need to quit just talking about food safety and do everything possible to eliminate E. coli from the food chain. 
• Tell them either to create one, well-funded food safety agency, or to give the USDA (meat regulation) and the FDA (non-meat food product regulation) the authority and funds needed to keep our food safe.
• Send them to the links above, to Eric's Echo and to Safe Tables Our Priority, and tell them to meet some of the people whose lives were cut short by E. coli.

Although the name of the man from Oklahoma who died is in news reports, we have withheld his name from the content of this post out of respect for the family.

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The Oklahoma State Department of Health (OSDH) published a press release today regarding the outbreak of diarrheal illness that has been associated with the Country Cottage restaurant in Locust Grove, OK.  The following is the press release: 

The Oklahoma State Department of Health (OSDH) is investigating an outbreak of severe diarrheal illness among residents of several northeastern Oklahoma communities. At least 14 cases have been hospitalized and 20 or more potential cases are under investigation. One person has died.

Disease investigators from the OSDH, Tulsa Health Department, and several northeastern Oklahoma county health departments are looking at all likely sources, including restaurants and specific food sources. Early investigation indicates a large number of persons who became ill ate at the Country Cottage restaurant in Locust Grove, OK. The restaurant is working closely with the OSDH to assist in the investigation. No source has been identified.

State public health laboratory officials are conducting confirmatory testing of specimens to try to determine the diagnosis.

Persons who have become ill are from a number of communities including Bixby, Pryor, Sand Springs, Locust Grove, Broken Arrow, Peggs, Tulsa, and McAlester.

Signs and symptoms of these cases include diarrhea, bloody diarrhea, vomiting, and severe abdominal cramping. Fever is generally mild to absent. Persons who believe they have symptoms of this illness should contact their health care provider immediately.

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One person in Oklahoma has died from what appears to be E. coli food poisoning. At least 14 others have been hospitalized with symptoms of E. coli. The Oklahoma State Department of Health is also investigating at least 20 other cases of diarrhea that may be E. coli.  A large majority of the people sickened ate at the Country Cottage restaurant in Locust Grove, Oklahoma, according to the Oklahoma State Department of Health.

This situation is tragic for everyone. The culprit in this case may be beef. Millions of pounds of beef products have been recalled recently, most if it by one processor, Nebraska Beef, Ltd., a company with a history of sanitation violations.

Although beef is the most common source of E. coli outbreaks, other foods can be the source of E. coli infections, including but not limited to leafy greens and unpasteurized apple cider and milk.

One of our recent E. coli wrongful death cases involved spinach. Another E. coli wrongful death case our law firm is handling involves a restaurant where a goat was slaughtered in the restaurant kitchen.

Legally, E. coli outbreaks involving restaurants can lead to a finding of liability on the part of the restaurant, a distributor, a processor and/or others. We investigate all possibilities and thoroughly discuss the options with our clients. Our goal in all of our E. coli cases is to recover compensation for our clients.  

E. coli victims may seek compensation for medical expenses, loss of income, pain and suffering and other damages.  In E. coli wrongful death cases, family members receive any money recovered in a settlement or jury verdict. These cases are governed by specific wrongful death laws. In cases involving sickness but not death, family members may also recover amounts for losses suffered, including but not limited to loss of income and loss of consortium. It is important to hire an E. coli lawyer who will take the time to listen to the victim and the victim's family and be able to communicate the extent of the losses to a judge and jury.

Our thoughts and prayers are with the victims of this Oklahoma E. coli outbreak and their families. If you would like a free E. coli litigation consultation, please contact our law firm:

• Call 1-888-377-8900 (toll-free) and ask to speak to one of our lawyers, all of whom have E. coli litigation experience
• Email our lawyers
• Submit our online form for a free E. coli litigation consultation

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