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

Texas and Oklahoma were hardest hit by a Salmonella outbreak that public health investigators traced to a Mexican-style fast food restaurant chain that operates in at least 11 states. The Centers for Disease Control and Prevention (CDC) did not name the restaurant chain in its only report on the outbreak, but it noted that 86 percent of the case patients were from Texas or Oklahoma.

A total of 68 people were infected with the outbreak strain of Salmonella Enteritidis, including 43 in Texas and 16 in Oklahoma. The other states with confirmed illnesses were Minnesota, Kansas, Iowa , Michigan, Missouri, Nebraska,  New Mexico, Ohio, and Tennessee. About a third of the individuals were hospitalized.

Food safety law firm PrtizkerOlsen, P.A., is prepared to help any family or individual sickened in this outbreak. Questions about possible foodborne illness litigation can be directed to any attorney at the firm, 1-888-377-8900 (Toll Free) or leave your contact information and a lawyer will respond. Free case consultations are central to our practice and clients don't owe us anything until a claim is obtained for them.

Salmonella is the most common bacterial cause of foodborne outbreaks in the United States and approximately half of all Salmonella outbreaks occur in restaurant settings. Harms from an infection be long-lasting, at times causing a painful and disabling condition known as reactive arthritis or Reiter's Syndrome.

Investigators believe the outbreak may have been caused by a contaminated produce item that arrived by truck delivery, but efforts to pinpoint the food responsible for the outbreak did not succeed. The outbreak is now over, but it spanned most of October and November and spiked in late October.

It's not clear why the CDC did not name the restaurant chain, but the company's identity will become known as PritzkerOlsen investigates on behalf of outbreak victims. Anyone who contracts food poisoning at a restaurant is entitled to damages from the restaurant. This is the case even when the specific food source is not determined by health investigators or when the restaurant unknowingly accepts food already contaminated with a pathogen and serves it. Restaurants are an important filter in the U.S. food safety system. We rely on them to hand-pick suppliers that provide wholesome and unadulterated ingredients.

When restaurant owners are held accountable for making people sick, our food safety system is strengthened for the good of everyone.

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 At least two more people have been infected with Salmonella Typhimurium in the outbreak associated with recalled Hannaford ground beef sold in Maine, New Hampshire, New York, Vermont and Massachusetts.

National food safety law firm PritzkerOlsen, P.A., is investigating the outbreak and will provide free case consultations to individuals or families who have been hospitalized or suffered gastrointestinal illness caused by the outbreak strain of Salmonella. Our law firm is one of the very few in the United States practicing extensively in the area of foodborne illness litigation and we have collected tens of millions of dollars for victims of food poisoning.

Eighteen people in at least seven states have been stricken by the pathogen linked to Hannaford hamburger and health officials continue to urge consumers to check their freezers for packages covered by the recall. The various ground beef packages bear sell-by dates of December. 17, 2011, or earlier. Hannaford store brand meat, Nature's Place ground beef and Taste of Inspirations Angus ground beef are all part of the recall. See complete details of the Hannaford hamburger recall. 

Some of those sickened in the outbreak ate food made with Salmonella-contaminated beef at a Hannaford store. If the store had adequately cooked the beef, no one would have become ill.  In cases like this, we have pursued claims of negligence, but ground beef litigation against Hannaford will also cover people sickened by packaged ground beef used at home.

One of the issues in this outbreak is the USDA's inability so far to identify the supplier of contaminated beef, which may have been sold to other retailers. Many retail chains grind their own hamburger from cuts and trim they obtain from various suppliers and Hannaford's grinding records are limited, impeding the traceback investigation, the USDA has said.

Sources include: The Portland Press Herald

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An outbreak of foodborne illness that has sickened at least 40 people in Duluth is being investigated by the Minnesota Department of health (MDH), according to the StarTribune.

Those who became ill were among 350 guests who attended a wedding at the Greysolon Ballroom last weekend, so there could be additional cases, an MDH spokesman Doug Schultz told the Duluth News Tribune. The investigation is ongoing.

The food served at the event was provided by Greysolon Ballroom By Blackwoods. Sean Stepan, the controller of its parent group, New London Corp., referred reporter’s questions to MDH. 

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Another woman from Wyoming died from complications of listeriosis on Friday, and health officials are trying to determine if the death is part of the outbreak linked to cantaloupe grown in Colorado by Jensen Farms.

The outbreak is becoming the most deadly foodborne outbreak in U.S. history, with 9 confirmed listeriosis wrongful death cases linked to the outbreak already and many more deaths being investigated, including cases our law firm is investigating. The nine confirmed outbreak deaths include two in Colorado, four in New Mexico and one each in Oklahoma, Maryland and Nebraska.

Wyoming has reported three listeria infections in the past week, more than it normally reports in a year, Wyoming Department of Health spokeswoman Kim Deti told the Denver Post. Two of the cases were not fatal. They were both in Laramie County and have been linked to Jensen Farms Colorado cantaloupe.

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Update on this post: The CDC has reported that the 6 Kansas listeriosis cases are part of the listerosis outbreak linked to Rocky Ford cantaloupe grown in Colorado by Jensen Farms. Our attorneys are available for a free consultation regarding a lawsuit against Jensen Farms and others.

Six cases of listeriosis in Kansas are being investigated for their possible link to the cantaloupe Listeria outbreak that began in Colorado in August and has now reached 53 confirmed or possible cases and as many as seven deaths in a dozen states. The source of this outbreak is Rocky Ford cantaloupe grown by Jensen Farms of Colorado and distributed in Kansas and other states.

Laboratory tests are pending in a collaborative investigation by the Kansas Department of Health and Environment, the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA). The test results will confirm whether the six cases of listeriosis reported in Kansas since August 26 are part of the multistate listeriosis outbreak associated with consumption of Rocky Ford cantaloupes from Jensen Farms.

The Rocky Ford cantaloupe outbreak of listeriosis began on or after August 15, 2011. The victims range in age from 38 to 96, but most have been women over the age of 60. All of them required hospitalization.

PritzkerOlsen. P.A., a nationally recognized leader in food safety law has launched an investigation of this outbreak, monitoring listeriosis cases in every state as the outbreaks spreads. Due to the scope and severity of this outbreak they are offering free consultations to those who have legal questions about illnesses that may be related to this outbreak. 

Kansas typically reports fewer than six cases of listeriosis per year, but there have been seven cases in 2011, including the six cases currently under investigation.

Jensen Farms of Holly, Colo., issued a voluntary recall of Rocky Ford Cantaloupe on September 14, for melons shipped from July 29 through September 10, 2011. The cantaloupes were distributed in Kansas and several other states. The FDA is warning consumers not to eat Rocky Ford cantaloupe shipped by Jensen Farms because it potentially may be contaminated with Listeria monocytogenes, the foodborne pathogen that causes listeriosis.

Listeriosis is a serious, sometimes fatal infection caused by eating food contaminated with the bacterium Listeria monocytogenes. The disease primarily affects older adults, people with weakened immune systems, pregnant women and newborns.

Symptoms include fever and muscle aches, often preceded by diarrhea or other gastrointestinal symptoms. In more severe cases, there can also be headache, stiff neck, confusion, loss of balance, and convulsions, according to the CDC. Pregnant women typically experience only mild, flu-like symptoms. However, infections during pregnancy can lead to miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn.
 

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Our Listeria lawyers are available for a free consultation regarding the New Mexico food poisoning cases of listeriosis that have killed four people and sickened six others since mid-August. DNA fingerprinting has linked five of these cases to Rocky Ford cantaloupe, according to the New Mexico Department of Health.

The fatalities in New Mexico include two Bernalillo County men (Albuquerque area), ages 93 and 63, and a 61-year-old Curry County woman (Clovis area). The residence of the fourth victim who died has not yet been released. Those who became ill live in the following counties: Bernalillo, Chaves, Curry, De Baca, Lea, and  Otero counties. The severity of this outbreak has prompted national food safety law firm PritzkerOlsen, P.A., to establish a claims center for individuals and families who are harmed.

The FDA is warning consumers not to eat Rocky Ford cantaloupe shipped by Jensen Farms. Jensen Farms is voluntarily recalling the Rocky Ford cantaloupe it shipped from July 29 through September 10, 2011, because it potentially may be contaminated with Listeria monocytogenes, the foodborne pathogen that causes listeriosis.

The potentially tainted melons were distributed to at least 17 states including: Arizona, Colorado, Illinois, Kansas, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Tennessee, Texas, Utah and Wyoming.

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Cantaloupe has been linked to two multi-state outbreaks of foodborne illness this year one caused by Salmonella, this other by Listeria. Together the outbreaks have killed at least one person and caused dozens of others to become seriously ill.

While the cantaloupe Listeria outbreak is ongoing, public health officials recommend that consumers avoid eating that variety of melon. In the future, there are some things consumers can do to reduce their risk of contracting a foodborne illness from cantaloupe. The following recommendations are from the Wisconsin Department of Health Services:

• Purchase cantaloupes that are not bruised or damaged.  If buying fresh-cut cantaloupe, be sure it is refrigerated or surrounded by ice.
• After purchase, refrigerate cantaloupes promptly.
• Wash hands with hot, soapy water before and after handling fresh cantaloupes.
• Scrub whole cantaloupes by using a clean produce brush and cool tap water immediately before eating. Don't use soap or detergents.
• Use clean cutting surfaces and utensils when cutting cantaloupes. Wash cutting boards, countertops, dishes, and utensils with hot water and soap between the preparation of raw meat, poultry, or seafood, and the preparation of cantaloupe.
• If there happens to be a bruised or damaged area on a cantaloupe, cut away those parts before eating it.
• Leftover cut cantaloupe should be discarded if left at room temperature for more than two hours.
• Use a cooler with ice or use ice gel-packs when transporting or storing cantaloupes outdoors.

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An outbreak of Yersinia in Pennsylvania has been associated with bottled milk and ice cream from Brunton Dairy in Aliquippa, Beaver County. Brunton Dairy  makes home delivery to households in Western Pennsylvania and sells milk and ice cream at retail establishments. This is an outbreak of foodborne illness where vicitms should be compensated for medical bills, lost time at work and pain and suffering, 

A press release from the Pennsylvania departments of Health and Agriculture and the Allegheny County Health Department advises the public of the possible risk of Yersiniosis from glass-bottled milk and ice cream from Brunton Dairy. Since mid-June, 16 individuals developed diarrhea and other symptoms caused by bacteria called Yersinia enterocolitica. Officials had been suspecting bottled milk and ice cream from Brunton and a test of ice cream from one of the victims resulted in a positive find for Yersinia.

Beaver and Allegheny counties are home to the confirmed cases in this outbreak. 

National food safety law firm PritzkerOlsen, P.A., has launched its own investigation into the outbreak. Victims have suffered harms that are deserving of compensation from the party responsible for the contamination. If you suspect someone has been sickened by bottled milk or ice cream, you should contact our law firm for information about a possible lawsuit against Brunton Dairy. An attorney can be reached at 1-888-377-8900 (Toll Free) or submit contact information online for an attorney to call you. Case consultations are free.

Yersiniosis is an intestinal illness caused by a group of bacteria known as Yersinia. In the US and in the current Pennsylvania outbreak, most illness is caused by Yersinia enterocolitica, which is found mainly in pigs, but also in cattle, sheep, horses, dogs, cats, rodents and rabbits. People can get infected by eating contaminated food or drinking contaminated milk or water. 

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Our attorneys are investigating a Yersinia enterocolitica outbreak in Pennsylvania that sickened at least 16 people: 9 from Beaver County and 7 from Allegheny County. The Yersinia outbreak has been linked to milk from Brunton Dairy in Beaver County, PA.

Now the Pennsylvania Department of Health and the Allegheny County Health Department issued a joint health advisory, stating that health officials found Yersinia enterocolitica in an unopened container of Brunton Dairy ice cream. “This is more evidence of Brunton Dairy’s negligence. Contaminated milk and ice cream should never be sold to consumers,” said Fred Pritzker, lead attorney for our food poisoning lawsuits.

The health departments are advising consumers to throw any Brunton Dairy ice cream away. However, if you suspect someone has been sickened by the ice cream, you should contact our law firm because the left over ice cream may be evidence in a lawsuit against Brunton Dairy.

Yersinia enterocolitica bacteria causes diarrhea (often bloody), abdominal pain, nausea and vomiting and can sometimes enter the bloodstream and affect other organs. Onset of illness usually occurs four to seven days after exposure, but can be as short as one day or as long as two weeks. The bacteria can cause severe infections and the illness can mimic appendicitis and sometimes leads to unnecessary surgery. In a small proportion of cases, complications such as skin rash, joint pains, or spread of bacteria to the bloodstream can occur.

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In Texas, a  Corpus Christi toddler spent a week in the hospital battling infection from E. coli and Salmonella, the girl's mother told KRIS-TV. The station's report said Nueces County health authorities are investigating a refrigeration problem at a restaurant where the girl had eaten chicken strips.

The restaurant Wings-N-More emptied a deli case where a health inspection found raw chicken strips stored at 68-degrees -- almost 30 degrees above the maximum recommended temperature, KRIS reported.

According to KRIS, the inspector wrote that he "had the manager verify the temperature of the product. At that time he did discard all the product that was in the deli case. He is going to keep the product on ice while he gets the refrigeration company out to get the unit fixed."

The 2-year-old girl's mother said her daughter was placed in isolation at Driscoll Children's Hospital for three days during her hospitalization, which ended this week.

Each year in the United States about 48 million people (1 in 6 Americans) get sick, 128,000 are hospitalized, and 3,000 die each year from foodborne diseases, according to the Centers for Disease Control and Prevention (CDC). Salmonella was the leading cause of estimated hospitalizations and deaths, responsible for about 28 percent of deaths and 35 percent of hospitalizations due to known pathogens transmitted by food. E. coli O157:H7 is one of the seven pathogens that cause 90 percent of all estimated illnesses, hospitalizations and deaths.

Young children, older adults and people whose immune systems are weakened are the most susceptible to severe illness by infection from E. coli and Salmonella. 

National food safety law firm PritzkerOlsen, P.A., represents victims of food poisoning in foodborne illness cases against restaurants, meatpackers and all other food purveyors. Our firm is one of the very few in the country practicing extensively in the area of foodborne illness litigation and we have collected tens of millions of dollars in food poisoning awards for victims around the country. Free case consultations are available by calling 1-888-377-8900 (Toll Free) or by sending contact information for a lawyer to call you at no expense. 

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Over 300 inmates and staff who ate tainted chicken at the U.S. Penitentiary-Canaan in Waymart, Pennsylvania were sickened by salmonella poisoning. "Tainted chicken" served in fajitas on June 25 has been confirmed as the cause of the outbreak at the prison 135 miles north of Philadelphia, according to Lamine N'diaye, a spokesman for the federal Bureau of Prisons northeast regional office.

The chicken was prepared in the prison kitchen, which was closed when inmates and staff fell ill soon after eating the chicken, according to the Associated Press.

Pritzker Olsen attorneys represent Salmonella victims nationwide. They recently settled a large case involving contaminated food served at fast food restaurants. To contact the law firm, call 1-888-377-8900 (toll free) or submit our free case review form.

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Attorney Elliot Olsen of our law firm recently settled a wrongful death lawsuit involving an Ohio man who died after eating raw oysters.

In July 2009, while vacationing in Florida, our client dined at an oyster bar and contracted a Vibrio vulnificus bacterial infection. He began suffering common food poisoning symptoms the following day, such as nausea, vomiting and diarrhea. The day after that, his condition worsened. He was hospitalized and put into a medically induced coma. It was just days before his wedding.

As the infection spread, his fiancé had no choice but to allow doctors to amputate both his legs in order to save his life. After several months of learning to live his life in a wheelchair and fighting the infection, the client died in December 2009. His family set up a fund after his death to help other families struggling with a tragic health problem.

“There are steps that can be taken to reduce the risk of Vibrio vulnificus to consumers,” Attorney Elliot Olsen says. “For example, California has banned the sale of raw, untreated Gulf oysters during the warmest months, when they are most likely to carry the Vibrio vulnificus bacteria. There are also ways of sanitizing the oysters so they remain raw when served in restaurants, but are free of this dangerous pathogen.”

Vibrio vulnificus bacteria are found commonly in oysters harvested from coastal waters during the warmest months, according to the CDC:

Vibrio vulnificus is a bacterium in the same family as those that cause cholera. It normally lives in warm seawater where it can contaminate seafood, including mussels, clams, scallops and oysters. Oysters are especially likely to contain this bacterium.

Symptoms of Vibrio vulnificus infection include vomiting, diarrhea and abdominal pain. The bacteria can infect the blood stream, causing septicemia, a severe and life-threatening illness.

In November 2009—just a month before the client’s death—the Food and Drug Administration indefinitely delayed a proposed ban on the sale of raw oysters, and the debate continues between food safety advocates and Gulf Coast oyster suppliers.

Attorney Elliot Olsen represents food poisoning victims nationwide. He can be reached at 1-888-377-8900 (toll free) or by submitting our free consultation form.

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Five people in business, government and non-profits were recognized at this year's Food Safety Summit in Washington, D.C., as winners of the NSF International Food Safety Leadership Awards. NSF is a not-for-profit, non-governmental organization that develops standards and product certifications in multiple fields while focused on public health in food, water, indoor air and the environment.

Deservedly, this year's group of winners includes Nancy Donley, president of STOP Foodborne Illness, a national nonprofit public health organization dedicated to the prevention of illness and death from E. coli, Salmonella, Campylobacter, Listeria and other foodborne pathogens.

Here's a complete list of the 2011 NSF food safety award winners, including three companies:

• Brenda Halbrook, Director Office of Food Safety, USDA, Food and Nutrition Service - Winner Education
• David Ludwig, Manager Environmental Health Division, Maricopa County Environmental Services Department - Winner System Improvement
• Publix Super Markets, Inc. - Winner Training
• National Pasteurized Eggs - Winner Technology Breakthroughs
• Jill Hollingsworth, SVP Food Safety Programs, Food Marketing Institute (FMI) - Winner Lifetime Achievement in Industry and Association Food Safety
• Donald Sharp, Deputy Director Food Safety Office, Center for Disease Control, US Department of Health and Human Services - Winner Lifetime Achievement in Public Health Food Safety
• Nancy Donley, President, Safe Tables Our Priority (S.T.O.P.) - Winner - Lifetime Achievement in Consumer Advocacy Food Safety
• International Food Protection Training Institute (IFPTI) - Winner - Trendsetter

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Improving food safety in the United States requires greater collaboration among federal agencies and continued study of consolidation to provide more integrated oversight, according to the latest report on food safety regulation by the General Accounting Office (GAO).

The report, obtained by food safety law firm PritzkerOlsen, P.A.,  recommends that the Director of the Office of Management and Budget, in consultation with the federal agencies that have food safety responsibilities, should develop a government-wide performance plan for food safety.

"The performance plan should include results-oriented goals and performance measures for food safety oversight throughout the federal government, as well as a discussion about strategies and resources. It should be updated on an annual basis,'' the report said.

President Obama's Food Safety Working Group, which started in 2009, received positive notice by the GAO. The creation of the working group "elevated food safety as a national priority, demonstrated strong commitment and top leadership support, and was designed to foster interagency collaboration,'' the report said. But still undeveloped is a performance plan for food safety that provides a comprehensive picture of the federal government's dispersed food safety efforts. The working group's July 2009 "key findings" was not "results oriented,'' nor did it include performance measures, the GAO report said.

Any review should consider alternative organizational structures, such as a single food safety agency, a single food safety inspection agency and a data collection and risk analysis center, according to the GAO. In other words, and as the title of the report says: "The Food Safety Working Group is a Positive First Step but Government-wide Planning is Needed to Address Fragmentation.''

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The production of bean sprouts without adequate sanitation poses a significant public health risk because of the pathogens such as Listeria monocytogenes, Salmonella and Escherichia coli, better known as E. coli.

Those food poisoning concerns prompted the Food and Drug Administration this month to shut down a sprout processor in Mount Airy, Maryland, until the owners empty the place and start over with a hired sanitation expert. Vegi-Pak Farm LLC  and its president, Sun Ja Lee, and general manager, Brian W. Lee, signed a consent decree that triggered the closing, the FDA said in a press release.

Vegi-Pak Farm grows, processes, packages and distributes ready-to-eat soybean sprouts and holds and distributes tofu and mung bean spouts. The products are sold to markets in Maryland, Virginia and Washington, D.C. The operation has been in trouble before with state and federal regulators for insanitary conditions.

Violations found during FDA’s September 2010 inspection of the facility included the presence of numerous flies, inadequate removal of waste, inadequate conveyance of liquid waste; inadequate screening against pests; inadequate cleaning and sanitizing of processing equipment; inadequate hand washing facilities and poor employee sanitation practices.  Inspections conducted by the Maryland Department of Health and Mental Hygiene in August 2010 and in April and July 2008,  found similar conditions at Vegi-Pak Farm, the FDA said.

E. coli sprout outbreaks and Salmonella sprout outbreaks happen in the U.S. with sporadic regularity. These are serious foodborne illnesses that can result in long-term health conditions, including hemolytic uremic syndrome (HUS) in E. coli victims and Reiter's Syndrome, or reactive arthritis, in Samonella victims.

If you or a loved one has been sickened as part of an E. coli sprouts outbreak or Salmonella sprouts outbreak, contact a food poisoning lawyer at PritzkerOlsen, P.A., at 1-888-377-8900 (Toll Free) or complete our contact form. An attorney from our firm will provide a free case consultation and answer any questions you might have about a sprouts lawsuit.

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A post-mortem of the nationwide peppers Salmonella outbreak from 2008 shows that investigators were kept on the wrong trail for weeks while they relied on faulty food history information collected from victims and struggled to trace product through a convoluted supply chain.

The report was published in The New England Journal of Medicine by scientists from the Center for Disease Control and Prevention's National Center for Emerging and Zoonotic Infectious Diseases. It ripped the produce industry for commingling and repacking produce with varying degrees of product documentation throughout the supply chain,

The report said these problems, and others, kept investigators on the wrong trail for weeks -- chasing what they believed were contaminated raw tomatoes -- while the number of infections continued to climb. Ultimately, the outbreak was linked to Mexican-grown serrano and jalapeno chili peppers based on a breakthrough by the Minnesota Department of Health. By the time the outbreak was over, about 1,500 people in 44 states were sickened and two people died.

Public awareness of the Salmonella Saintpaul outbreak began in early June 2008, when the FDA warned consumers to avoid eating fresh tomatoes, which it said were the likely cause of the outbreak. Initially it appeared to be related to salsa and/or guacamole served in Mexican and Tex-Mex restaurants in the Southwest. The report said investigators spent seven weeks on tomato tracebacks, which ultimately failed to "converge on any one geographic location, grower, or supplier,''

Finally, on July 9, a nationwide alert on hot chili peppers went out. Between the two nationwide alerts, about 500 people fell ill with laboratory-confirmed infections. Eventually, the investigation led to two Mexican farms. At one, officials found Salmonella in irrigation water but it was not the outbreak strain. The other yielded water samples with the Saintpaul serotype. However, the researchers also noted that investigators from Colorado had collected a pepper carrying the outbreak strain from a sick resident's home and were able to trace it to a different Texas-based distributor, but from there the trail went cold.

National food safety lawyers PritzkerOlsen, P.A., represented victims of this outbreak and is involved on behalf of victims in practically all major outbreaks of Salmonella, E. coli, Campylobacter, Listeria, Shigella, Hepatitis and other foodborne disease. Our attorney group is one of just a few firms nationally that practices extensively in the area of foodborne illness litigation and we have collected tens of millions of dollars over the years for victims of food poisoning. At the same time, PritzkerOlsen is actively involved in numerous efforts to prevent outbreaks and our clients provided important testimony in Washington, D.C., that led to the recent passage of the sweeping Food Safety Modernization Act.

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The ranking member on the Labor, Health and Human Services Appropriations Subcommittee issued a statement on Friday in conjuction with a gathering of outraged victims from the outbreak, which killed nine people and sickened more than 700 others across the country in late 2008 and early 2009. Randy Napier of Ohio, whose mother was the ninth person to die in the outbreak, is among the core group of victims who remain upset that no criminal charges have been filed against Peanut Corporation of America's chief executive, Stewart Parnell. Napier and his siblings, along with other the family of the late Doris Flatgard of Minnesota, are represented in civil action by food safety law firm PritzkerOlsen P.A.

 

DeLauro, who represents the third district from Connecticut, strongly urged the Department of Justice to renew focus on the investigation. If federal authorities find the company has acted with willful negligence, DOJ should move forward with prosecuting the appropriate parties responsible, DeLauro said.

 

DeLauro was a supporter of the FDA Food Safety Modernization Act that President Obama signed into law last month, but she continues to press for the creation of a single food safety agency to streamline the work currently done by  15 federal agencies that currently share jurisdiction in protecting our food supply. 

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Nine Salmonella death cases in the 2008-2009 peanut butter Salmonella outbreak caused a furor in the U.S., but never resulted in criminal charges against officials from the company linked to the outbreak -- Peanut Corp. of America (PCA) of Lynchburg, Virginia.

On Friday at the American University Washington College of Law in Washington, D.C., Randy Napier of Ohio and Salmonella victims from five other families will be sharing their stories and calling for criminal prosecution of Stewart Parnell, who was PCA's chief executive leading up to the outbreak. Parnell liquidated the company in post-outbreak bankruptcy proceedings and he refused to testify before Congress about evidence gleaned by investigators showing that the company shipped products that initially tested positive for Salmonella. Federal authorities launched a criminal investigation, but two years have passed without indicments.

Nellie Napier, Randy's mother, was the last to die from the contaminated peanut butter sold by PCA under the King Nut brand. She was living in an extended care facility and peanut butter was one of her comfort foods. It wasn't until two days after her death that PCA announced its sweeping recall of all products dating back to 2007. Speaking on behalf of his siblings, Randy has repeatedly voiced outrage over the tragedy and continues to pursue a Salmonella wrongful death lawsuit.  He and his extended family are represented by national food safety law firm PritzkerOlsen, P.A. The same firm represents the family of a second fatal victim of the outbreak, as well as others who were sickened.

The press conference will be held concurrently with the Government Accountability Project (GAP) Food Integrity Campaign Conference and will begin at 12:30PM EST. Victims will speak for approximately five minutes each and be open for questions following their statements.

Besides causing nine Salmonella deaths, the PCA peanut product outbreak sickened more than 714 people in more than 40 states. PritzkerOlsen was one of just three law firms representing victimsof the outbreak  that were central to gaining a court-approved settlement that distributed $12 million of PCA insurance money to victims.

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 A food safety publication has written a summary of how cockroaches can contribute to foodborne illness, using the 2008-2009 Peanut Corporation of America (PCA) Salmonella outbreak as an example. The outbreak killed nine people and sickened more than 700 in 46 states, more than half of them children.

Quality Assurance and Food Safety magazine highlighted the outbreak while noting a University of Nebraska-Lincoln publication that said cockroaches have been knows to carry Salmonella, Staphylococcus, Streptococcus, coliforms and other pathogens. “This is because after feeding on contaminated food, disease bacteria can remain in the cockroach digestive system for a month or more. Later, human food or utensils can become contaminated with cockroach feces. It has been shown that Salmonella bacteria survive in cockroach feces for several years.”

The food safety magazine also noted a white paper published by the National Pest Management Association: “Pest Management in the Wake of the Peanut Corporation of America Salmonella Outbreak.'' The paper explained the conducive cockroach conditions at PCA at the time of the 2009 recall of contaminated peanuts that affected more than 3,900 products that used PCA as an ingredient supplier. “Cockroaches can spread 33 different kinds of bacteria,” said Missy Henriksen, National Pest Management Association Vice President of Public Affairs. “What we are seeing right now is that it really does underscore the importance of sanitation and proper pest management.”

The U.S. Food and Drug Administration investigation of PCA revealed extensive unsanitary and harmful conditions: “From mold growing on ceilings to rainwater leaking into the production areas; from gaps large enough for rodents to easily access the facility to the presence of dead cockroaches throughout the plant.'' The conditions were termed unsanitary and harmful and the industry white paper said  poor or improper pest management practices could be viewed as a contributing factor in creating the crisis.

Food safety lawyers from PritzkerOlsen, P.A., which represented the families of three people who died in the outbreak, witnessed the plant conditions first hand as part of their investigation into the outbreak. The law firm continues to represent victims of food poisoning across the country and is one of the few U.S. legal groups practicing extensively in the area of fooborne illness litigation. Attorneys can be reached at 1-888-377-8900 (Toll Free) or by completing the contact form on the side of this Web page.

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Botulism poisoning has been linked in the past to uneviscerated fish. That is why New York State Agriculture Commissioner Patrick Hooker warned consumers this week not to eat "Dried Vobla Fish'' sold by Ocean Side Pharmacy Inc. of Brooklyn, New York. A press release from his office said the product was found to be uneviscerated.

The Dried Vobla Fish, a Russian ethnic snack that goes well with beer, was sold from the Brooklyn pharmacy to consumers in the New York City Metro area and to two wholesale accounts, one in California and one in Massachusetts. The salted and dried product was offered for sale at ambient temperature as an unpackaged, uncoded, bulk item.

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Minneapolis food poisoning attorney Fred Pritzker has been involved for years in all outbreaks of foodborne illnesses in Minnesota, including this year's Salmonella Chester outbreak linked to Marie Callender's Cheesy Chicken & Rice.

In all, 37 persons in 18 states were infected with the outbreak strain of Salmonella when the multi-state outbreak  was first announced June 25 by the Centers for Disease Control and Prevention (CDC). Two of the people sickened in the outbreak are from Minnesota.

In fact, a big breakthrough in the case was achieved by the Minnesota Department of Agriculture Laboratory. The lab found the outbreak strain of Salmonella in an unopened package of Marie Callender's Cheesy Chicken & Rice single-serve frozen entrée collected from the home of one of the ill people.

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The Food and Drug Administration (FDA) has issued an urgent nationwide alfalfa sprouts recall linked to an outbreak of Salmonella in 10 states.

California is hit hardest by this outbreak, with half of the 22 confirmed alfalfa sprout Salmonella Newport illnesses happening within the borders of the Golden State.

For example, three California alfalfa Salmonella cases have been confirmed in San Diego County. Health officials in the county say the only stores affected there are Trader Joe’s. They believe the products have already been pulled from the shelves but are checking with the stores to be sure.

According to the California Department of Public Health, the following products have been recalled:

• Caldwell Fresh Foods – four ounce plastic cups and one pound plastic bags; two pound and five pound plastic bags in cardboard boxes with a Caldwell Fresh Foods stickers.
• Nature’s Choice – four ounce plastic cups.
• California Fresh Exotics Brand – five ounce plastic clamshell container.

Caldwell Fresh Foods is a business located in Maywood, California. The FDA's alfalfa alert says that all consumers and restaurant/delicatessen operators should immediately stop using Caldwell Fresh Foods raw alfalfa sprouts.

Besides California, the other states involved so far in the sprouts Salmonella outbreak are Arizona, Colorado, Idaho, Illinois, Missouri, New Mexico, Nevada, Oregon, and Wisconsin.

National food safety law firm Pritzker Olsen is monitoring this outbreak and accepting cases from individuals from California and other states sickened from Caldwell contaminated sprouts. A food poisoning attorney at the firm can be reached directly at 1-888-377-8900 (Toll Free) or by completing the contact form on the side of this Web page.

Pritzker Olsen is a national leader in foodborne illness litigation and actively supports many initiatives to prevent food poisoning.

Our experience with Salmonella in fresh produce, including alfalfa sprouts Salmonella lawsuits, prompts us to remind all consumers that bacterial contamination of sprouts is a chronic problem. Because of the pathogen risk, sprouts of any kind should not be consumed by children, the elderly, pregnant women and persons with weakened immune systems.

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At the risk of sounding like a broken record, yet another state health department is advising consumers about dangerous bacterial contamination found in raw milk.

The latest warning is coming out of Harrisburg, Pennsylvania. The Pennsylvania departments of Agriculture and Health are urging consumers who purchased raw milk from Pasture Maid Creamery in New Castle, Lawrence County, to discard the product immediately. Campylobacter bacteria was found in a recent sample.

The testing was done in connection with a human illness investigation and more tests are pending.

Pasture Maid Creamery, owned and operated by Adam Dean, sells directly to consumers who sometimes provide their own bottles. The business is not related to Dean's Dairy in Sharpsville, Mercer County, which produces pasteurized milk for sale in supermarkets, the state press release said.

"The Agriculture Department recommended that Mr. Dean stop selling raw milk for human consumption. The dairy is providing additional raw milk samples to be tested for bacterial pathogens to determine subsequent action.''

Meanwhile, Dean told the Pittsburgh Tribune-Review that his milk is "extremely safe'' and that the state has not revoked his license to sell it.

Campylobacter in raw milk also is an issue this week in Michigan, Illinois and Indiana. Michigan officials traced an outbreak of Campylobacter infection in their state to raw milk from an Indiana farm sold through a distributor who also shipped it to Chicago and a few other cities in northern Illinois. 

Despite chronic outbreaks of illness capable of killing people, the sale of raw milk continues to be a public health threat and a costly burden to state health departments. When milk isn't pasteurized, there is no reliable safeguard against fecal contamination that harbors pathogens such as Campylobacter, E. coli O157:H7 and Salmonella.

The lawyers at national food safety law firm Pritzker Olsen continually see the devastating effects of these disease-causing organisms while representing people who have ingested them. Our law firm is one of the few in the country practicing extensively in the area of foodborne illness and we have years of experience handling raw milk cases.

If you or a loved one has become sick after drinking raw milk, call 1-888-377-8900 (Toll Free) or complete the contact form on the side of this Web page.

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The Center for Science in the Public Interest (CSPI) has added another year of results to its standing analysis of foodborne disease outbreak investigations and the biggest new finding is that states are completing fewer probes than at any time in the past decade.

The "Outbreak Alert!'' report said that nearly 1,100 outbreaks -- including E. coli HUS outbreaks --were reported to the Centers for Disease Control and Prevention (CDC) in 2007 (the latest year of completed figures), but in only 378 cases did states identify both a food and the pathogen, which is the mark of a completed investigation.

In the early years, the number of completed outbreak investigations improved and reached a high of 44 percent in 2001. "Unfortunately, the percentage has gradually declined from 44 percent to 34 percent in 2007, the lowest percentage of fully investigated outbreaks in any year since 1999,'' the report said.

CSPI  says the results suggest that states may have been devoting fewer resources to tracking down the causes of outbreaks. Such a trend is troubling in a food safety system that depends heavily on state and local health departments for detection of outbreaks.

Fewer completed investigations mean that less information is available to the CDC -- downgrading their ability to identify problems in the food safety system or issue recalls to protect the public.

The latest findings by CSPI are another reason why national food safety law firm Pritzker Olsen is actively pushing for the completion of food safety reform legislation that began this year with passage of a bill in the House of Representatives. Sometime in 2010, the Senate will take up the issue, which the Obama Administration has identified as a priority.

An important element of the food safety overhaul calls for beefing up the network of detection via more resources to regionally strong labs and better communication between state and federal public health investigators. That is the kind of approach the U.S. needs to shift to a food safety culture that is more focused on preventing disease and limiting the spread of outbreaks.

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The U.S. Food and Drug Administration (FDA) has opened a post in Mexico City and the Department of Homeland Security has created a new center in Washington, D.C., devoted to ensuring the safety of foods imported to the United States.

The moves are in keeping with the Obama Administration's focus on protecting Americans from disease wrought by contaminated food.

Homeland Security's Commercial Targeting and Analysis Center (CTAC) for Import Safety is operating under the direction of Customs and Border Protection.  It was created on the recommendation of President Obama’s Food Safety Working Group, which had promised new ventures of cooperation between federal agencies.

The CTAC will specifically target shipments of imported cargo, including food, for possible safety violations.  Its partners providing on-site expertise will include the USDA's Food Safety and Inspection Service (FSIS), the FDA and the Consumer Product Safety Commission.

FDA's new Mexico City operation is the 10th international post and third to open in Latin America. Mexico provides one third of fresh fruit and vegetables consumed in the United States.

Dr. Margaret Hamburg, Obama's appointee to head FDA, said in an agency news release that the office will be mutually beneficial to both countries. Staff will work with local industries that ship food and medical products to the U.S. to improve their understanding of quality demands.

There are other plans for the office to collaborate with Mexican officials on the use of the latest laboratory and preventative food safety techniques, the press release said.

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Fred Pritzker, the founder and president of national food safety law firm Pritzker Olsen Attorneys, has seen private sector food safety programs come and go during many years of representing people injured or killed by E. coli O157:H7, Hemolytic Uremic Syndrome, Salmonella, Campylobacter, Guillain-Barre Syndrome, Listeria, botulism, Shigella and other types of food poisoning. Mr. Pritzker has recovered millions of dollars for these victims and their families and is devoted to educating the public about food safety issues. He continues to advocate for badly needed food safety legislation and increased funding for the federal, state and local agencies charged with protecting our food and enforcing food safety laws. He can be reached at 1-888-377-8900 (toll free).

By FRED PRITZKER

The Grocery Manufacturers Association has announced three private sector initiatives designed “to improve the safety and security of the nation’s food supply.” The initiatives include creation of a product recall portal, improving the integrity of third party food safety certifications and “modernizing” good manufacturing practices for food.

These are laudatory suggestions that may actually improve food safety, but only incrementally. On a more fundamental level, they constitute tinkering on the margins of a flawed system that requires far more dramatic change.

The motivation for these recommendations is also suspect. Like most trade organizations that promulgate safety recommendations after a disaster (in this case, the Peanut Corporation of America Salmonella outbreak) they are as much about avoiding government regulation as they are about improving food safety. Look no farther than the toothless Leafy Greens Marketing Agreement created in response to the 2006 spinach E. coli O157:H7 outbreak. 

We don’t need any more corporate fig leafs or lamentations from food safety regulators. We need a top-to-bottom overhaul that includes a centralized and uniform system of food safety with adequate resources and manpower to implement it. This means doing away with the balkanized current system in which many different agencies have overlapping jurisdiction and not enough coordination when it comes to preventing and investigating food safety outbreaks.
 
 It also means that at its core, the food safety system must be based on personal and corporate responsibility.
 
For example, professionals like lawyers, doctors, accountants and nurses are licensed to practice their professions. In addition to criminal penalties applicable to all citizens, professionals have their own rules and ethical responsibilities the violation of which, even if not criminally culpable, is grounds for sanction and in certain cases, removal from the profession.
 
Professions also demand of practitioners compliance with continuing education requirements,  initial certification (e.g. bar examinations and medical boards), regulated and enforced conduct, and rigorous prosecution for any violations. The system is far from foolproof, but as any professional will tell you, it creates an effective enforcement mechanism that is both more corrective and focused than criminal laws alone.
 
So in addition to public relations gambits masquerading as food safety, how about borrowing a page from professionals:

•  If you produce and sell food, you have to be trained as a professional and licensed as one.
• You have to comply with a code of conduct that is understood, evolving and enforceable.
• You have to pay dues and therefore finance your own professional enforcement.
• You have to attend continuing education courses and you must swear under oath that you have done so.
• You must be subject to vigorous and independent prosecution for violations of professional standards and still be subject to criminal prosecution.
• In other words, you can only produce and sell food if you are a licensed professional.

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 A finding of Listeria monocytogenes in a test sample of refrigerated "Simply Potatoes Southwest Style Hash Browns'' prompted the Minnesota Department of Agriculture on Friday to issue a consumer advisory.

The agency said in a press release that no illnesses have been associated with the product, but the food company that makes the potatoes issued a voluntary recall including some related products. The affected products, listed here by national food safety law firm PritzkerOlsen Attorneys, have "use by'' dates of March 29, 2009, to April 3, 2009.

• Simply Potatoes Shredded Hash Browns, 20 oz bag, UPC 20169-22233
• Simply Potatoes Southwest Style Hash Browns, 20 oz bag, 20169-22236
• Simply Potatoes Homestyle Slices, 20 oz bag, 20169-22237
• Simply Potatoes Red Potato Wedges, 20 oz bag, 20169-22238
• Diners Choice Shredded Hash Browns, 2 lb bag, 20169-22223
• Farm Fresh Shredded Hash Browns, 16 oz bag, 20169-22533

The maker is Northern Star Co., a subsidiary of Minnetonka, Minnesota,-based Michael Foods Co.

Consumption of food contaminated with Listeria monocytogenes can cause listeriosis, an uncommon but potentially serious disease marked by fever, severe headache, neck stiffness and nausea. Healthy people rarely contract listeriosis, but it can cause fatal infections in high-risk groups such as infants, the elderly and those with weakened immune systems. Listeriosis can also lead to miscarriages and stillbirths in pregnant women.

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