Multi-State Salmonella Outbreak Assigned to Taco Bell in TX, OK, Others

A Taco Bell restaurant chain spokesperson has confirmed in an interview with Food Poisoning Bulletin that Taco Bell is "Restaurant Chain A,'' the business associated by CDC with an outbreak of Salmonella Enteritidis that sickened 68 people in 10 states. The outbreak happened in October and November, hitting hardest in Oklahoma and Texas.

The CDC refused to say what Mexican-style restaurant chain was tied to the outbreak, partly because the illnesses stopped occurring by the time a link was made. The CDC rationalized that releasing the restaurant's name would not help anyone to avoid getting sick. The Oklahoma Department of Health broke the silence this week under public pressure and Taco Bell confirmed the news.

Investigators believe the outbreak possibly was caused by a line of produce distributed by suppliers, but traceback efforts were not successful in determing what item of produce was to blame.

Further investigation is being conducted by national food safety law firm PritzkerOlsen, P.A.., where claims from victims can be addressed by attorneys who practice extensively in the complex area of foodborne illness litigation. Contact a Salmonella lawyer at PritzkerOlsen or call the firm and an attorney will answer your questions. Consultations are free and you pay nothing to the firm until a claim is paid by the company or its insurance company .

More than 31 percent of patients in the Taco Bell outbreak were hospitalized. Here is the company's statement:

“The CDC has stated the public health is not at any risk and this incident is completely over. They have not identified the food source of the foodborne illness that occurred in October and November of 2011. The CDC indicated that some of the people who were ill ate at Taco Bell, while others did not. They believe that the problem likely occurred at the supplier level before it was delivered to any restaurant or food outlet. We take food quality and safety very seriously.” 

Upon Further Review, No Brucella Detected in Massachusetts Raw Milk

Massachusetts has lifted its ban on raw milk from Twin Rivers Farm in Ashley Falls after testing found no trace of brucella and the farm's owner received confirmation that his own illness was not Brucellosis.

The health alert was issued last week when the farm owner's doctor notified officials that preliminary tests were positive for brucellosis, a rare infection that starts with flu-like symptoms. Because raw milk can be an vector for this type of food poisoning, Massachusetts health officials erred on the safe side by alerting the public not to drink milk from the farm. Now the farm is cleared.

Robert Kilmer, owner of Twin Rivers Farm in Ashley Falls, told the Boston Globe the stigma of being considered to have something like brucellosis is terrible for a dairy owner. "We are very careful to keep any infectious disease out.”

Did 57 Zappos Employees Get Food Poisoning?

Almost 60 Zappos employees suffered symptoms of food poisoning yesterday at the company's plant in Shepherdsville, Kentucky. They had all eaten food brought in by a catering company, but Bullitt County Health officials have not determined if it was food poisoning. 28 of the employees were hospitalized.

Dangerous foodborne pathogens like E. coli and Salmonella have longer incubation periods. Someone isn’t going to eat something contaminated with E. coli and get sick on the same day.

Both epidemiological and microbiological testing is being done to determine what made the 57 Zappos employees vomit and have diarrhea. The epidemiological part of the investigation involves interviews with those sickened to find out what they ate in the last several days. The microbiological part of the investigation involves tests to determine what foodborne pathogen, if any, made the employees sick and tests on food samples from the caterer.

Dr. Swannie Jett, the Bullitt County Health Department Director, told WDRB that the company had a pot luck over the weekend and that event is being considered as the possible source of the outbreak. Given the incubation period of most foodborne pathogens, that seems a more likely cause of the illnesses.

The health department also told WDRB that it is looking into the possibility the illness could also be airborne or caused by an employee coming to work sick.

LexisNexis Names Food Poisoning Law Blog One Of The Top 25 Tort Law Blogs of 2011

Food Poisoning Law Blog is honored to have been selected as one of the LexisNexis Top 25 Tort Law Blogs of 2011.

“The Top 25 group includes some of the best talent in the blogosphere and creates an invaluable content aggregate for all segments of the Torts Law practice. Most good blogs provide frequent posts on timely topics, but the authors in this year’s collective take their blogs to a different level by providing insightful commentary that demonstrates how blogs can—and do—impact and influence the world of business and corporate law,” the LexisNexis Litigation Resource Community said in the annoucement.

Thank you, LexisNexis.

Voting to select of the Top Tort Law Blog of the Year ends Friday, December 10 at midnight. Registration is required to vote. It’s free and does not result in sales contacts. to register, follow this link. Or, sign in using credentials from your favorite social media site.  Once you are logged in, VOTE by checking the box next to your favorite Tort Law blog then submitting the results.
 

Has St. Louis E. coli Outbreak Spread Across State Lines?

There are 25 confirmed cases of E. coli poisoning in the St. Louis outbreak associated with area salad bars, but other cases are under investigation including one in St. Clair County, Illinois.

State and local health officials in Illinois are awaiting results from laboratory testing on a case of shiga toxin producing E. coli to determine if it is linked to those in the St. Louis outbreak. St Clair county is one of a handful of Illinois counties that are part of the St. Louis metropolitan area.

Missouri health officials have been working with the Federal Food and Drug Administration and the Centers for Disease Control and Prevention to determine the source and scope of the outbreak that began the first week of October.

Most of those who became ill reported eating food from a Schnucks salad bar, but because none of the samples taken from Schnucks locations has been positive for E. coli, the investigation has broadened to include, distributors and suppliers to grocery stores in the St. Louis area.

Health officials urge anyone who became ill after eating food from a salad bar in the St. Louis area to seek medical attention. Anyone with legal questions about an illness associated with this outbreak should contact the foodborne illness attorneys at PritzkerOlsen P.A. for a free consultation. 

Missouri Listeria Death and Illness Possibly Caused by Rocky Ford Cantaloupe

Attorneys Fred Pritzker and Brendan Flaherty won over $6,000,000 for their clients in a Listeria food poisoning case that involved the wrongful deaths of an elderly man and unborn babies. They have a national practice and are available for a free consultation regarding a cantaloupe lawsuit.

Our attorneys are now investigating Listeria cases in several states that are part of a multistate outbreak linked to Rocky Ford cantaloupe grown by Jensen Farms in Colorado and distributed by Frontera Produce of Texas.  In response to this outbreak, Jensen Farms has recalled cantaloupe that was sent to several states, including Missouri. Retailers like Walmart, Supervalue and Whole Foods Market pulled the recalled cantaloupes off of their shelves.

Recalled Colorado cantaloupes are being investigated for their potential link to two cases of listeriosis in Missouri, one of which resulted in a fatality, according to the Springfield-Greene County Health Department. “Do not consume Rocky Ford cantaloupes at this time. As this investigation continues, more information will be made available in order to protect the health and safety of the community,” the release states.

"The Springfield-Greene County Health Department is investigating two cases of listeria that could be linked to this cantaloupe recall. The individuals did eat cantaloupe prior to their own set of illness, but we do not know the specific brand of cantaloupe at this time,"  Kendra Williams, community health and epidemiology administrator for the health department, told KSPR News.

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 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.

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.

News sources: http://www.springfieldmo.gov/health/getStory.jsp?relid=6941;
http://www.kspr.com/news/local/kspr-confirmed-one-dead-in-greene-county-mo-from-listeria-possibly-linked-to-cantaloupe-recall-20110916,0,2597542.story

Yersinia Enterocolitica in Milk Sickens 5 in Pennsylvania

yerisinia enterocolitica milkSince June 15, five individuals – three young children and two older adults – developed diarrhea and other symptoms caused by bacteria called Yersinia enterocolitica. All five people drank and became ill from pasteurized milk in glass bottles from the same local dairy, Brunton Dairy in Aliquippa, Beaver County.

“The five victims of this outbreak deserve compensation,” said Fred Pritzker, lead attorney for our food poisoning lawsuits. "The parents of the children who were sickened should also be compensated for the time they had to take off of work and other damages."

The Pennsylvania Department of Health, the state Department of Agriculture and the Allegheny County Health Department are working together to investigate gastrointestinal infections in Beaver and Allegheny counties. Illness onsets range from June 15 through July 17. Other persons in the same households also experienced a similar illness, but the cause of their illness was not confirmed.

Brunton Dairy is certified by the Pennsylvania Department of Agriculture to pasteurize milk at the farm. The dairy produces buttermilk, regular, fat-free, reduced-fat, cream, and chocolate- and strawberry-flavored milk, as well as ice cream. The dairy makes home delivery to households in Western Pennsylvania and sells milk and ice cream at retail establishments. The public may also buy products on the farm, and the milk can be purchased for use by restaurants.

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.

Yersinia is a rarely reported cause of foodborne illness in Pennsylvania, with an average of 22 cases annually statewide and an average of six cases annually in the southwestern region of the state, including Allegheny County. Many hospital laboratories do not routinely look for Yersinia in samples; therefore, Yersinia infections may be missed unless proper laboratory technique is used.

Any person who consumed a product from Brunton Dairy and has symptoms of diarrhea is recommended to contact their health care provider to assure appropriate specimens are collected and treatment is administered, as Yersinia infections can be treated with antibiotics.

Our attorneys are representing a man in Pennsylvania who was sickened in another outbreak linked to milk from another dairy. To contact our attorneys about a lawsuit against Brunton Dairy, call 1-888-377-8900 (toll free) or submit our free consultation form.

Ill individuals, health care providers, or laboratories can contact the Pennsylvania Department of Health at 1-877-PA-HEALTH (1-877-724-3258) or the Allegheny County Health Department at 412-687-ACHD (2243).
 

Food Recall Roundup: Bacon, Chopped Beef, Beef Jerky, Chicken Products, Herring

Below are the food recalls for the week announced by the FDA and the .

July 22, 2011-– Jetro Cash and Carry Enterprises LLC/R.D. Food Services LP, an importer from New York, recalled approximately 2,900 pounds of diced bacon products that may be contaminated with Listeria monocytogenes.

Through routine testing on July 19, 2011, FSIS found a sample of cooked diced bacon imported from Canadian EST No. 169A, Aliments Prince, S.E.C. to be positive for Listeria monocytogenes . The initial product represented by that sample is on hold, but the Canadian Food Inspection Agency notified FSIS that additional product represented by the positive sample had been shipped to the United States. FSIS and the company have received no reports of illnesses associated with consumption of these products.

The following products are subject to recall: 

  • 10 lb. shipping container with 2, 5 lb. bags boxes containing 2 5-lb bags of “Assoluti Cooked Diced Bacon”

The “Assoluti Cooked Diced Bacon” has a case code of 1173 and EST No. 169A. It bears the Canadian mark of inspection and a Certification Number of 406515, 406516, or 406562. The products were shipped to distribution centers in Fla., Ill., Ind., Mich., and Ohio for further distribution to food service institutions.

July 22, 2011 – Bobby Salazar’s Mexican Foods, a Fowler, Calif., establishment, recalled approximately 2,560 pounds of chopped beef products produced without the benefit of federal inspection.

The following product is subject to recall:

  • 16-lb. cases containing 4-lb. bags of “CARNE ASADA CHOPPED BEEF &
    TEXTURED WHEAT PROTEIN IN RED HOT SAUCE”


Each bag bears the establishment number “21269” inside the USDA mark of inspection. The products were produced on April 19, 2011 and May 11, 2011, and shipped to a distributor and restaurants in California for further distribution.

July 22, 2011 – Yant Beef Jerky, a Jackson Center, Ohio establishment, recalled approximately 6,200 pounds of various beef jerky products because of misbranding and undeclared allergens. The products contain a known allergen, fish in the form of an anchovy puree in Worcestershire sauce, that is not declared on the label, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The following product is subject to recall:

  • 1.6-ounce, 3.25-ounce and 7-ounce packages of “YANT’S HOT BEEF JERKY”

  • 1.6-ounce, 3.25-ounce and 7-ounce packages of “YANT’S X HOT BEEF JERKY”

  • 1.6-ounce, 3.25-ounce and 7-ounce packages of “YANT’S MILD BEEF JERKY”

  • 1.6-ounce, 3.25-ounce and 7-ounce packages of “YANT’S SOUTHERN BBQ BEEF JERKY”

  • 1.6-ounce, 3.25-ounce and 7-ounce packages of “YANT’S HOT AND SWEET BEEF JERKY”


The products subject to recall bear the establishment number “EST. 21371” inside the USDA mark of inspection and have a sell by date ranging from July 20, 2011, to April 17, 2012, on the label. The products were sent to retail establishments in Ohio and Indiana. A small amount of the products were sold online.

July 20, 2011-– Pilgrim’s Pride Corporation, a firm with establishments in Mount Pleasant, TX and Waco, TX recalled approximately 11,240 pounds of ready-to-eat chicken products that may be contaminated with Listeria monocytogenes.

The following products are subject to recall: 

  • 10 lb. boxes containing 2 5-lb bags of “Sweet Georgia Brand Fully Cooked Breaded White Chicken Nuggets Shaped Patties”

  • 30 lb. boxes containing 6 5-lb bags of “Pilgrim’s Pride Fully Cooked Grilled Chicken Breast Fillet with Rib Meat”

The “Chicken Nugget Shaped Patties” has a date code of 11471010 inkjetted on the box, and bears the establishment number “P-7091A” inside the USDA mark of inspection. Each 5-lb bag is marked with the date code and “P-7091A.” These products were produced on May 27, 2011 and shipped to distribution centers in N.J. and Texas for further distribution to food service institutions.

The “Grilled Chicken Breast Fillet with Rib Meat” has a date code of 11801050 and a Use By Date of Dec. 26, 2011 inkjetted on the box, and bears the establishment number “P-20728” inside the USDA mark of inspection. The inner bags are marked with the code date and Use By Date. These products were produced on June 29, 2011 and shipped to a distribution center in Ohio, for further distribution to food service institutions.

There have been no reports of illness.

July 20, 2011 - Malcolm Meats, a Northwood, Ohio, establishment recalled approximately 4,530 pounds of various marinated beef products because of misbranding and undeclared allergens. The products contain known allergens, wheat and soy, which are not declared on the label. The products subject to recall include:

  • 10-lb cases containing 16, 10-ounce packages of “STEAK SIRLOIN ANG CC AUSSIE H-CH,” with the identifying case code of “6778708.”

  • 10-lb cases containing 20, 8-ounce packages of “STEAK SIRLOIN AUSSIE CAB,” with the identifying case code of “0648683.”

  • 10-lb cases containing 16, 10-ounce packages of “STEAK SIRLOIN AUSSIE CAB,” with the identifying case code of “0648691.”

  • 10.5-lb cases containing 14, 12-ounce packages of “STEAK SIRLOIN AUSSIE CAB,” with the identifying case code of “8415721.”

  • 10-lb cases containing 20, 8-ounce packages of “STEAK SIRLOIN CULOTTE CH AUSSIE,” with the identifying case code of “0651299. 

The products subject to recall bear the establishment number “EST. 2106” on the case label. These products were produced on various dates prior to April 20, 2011, and were shipped to distribution centers in Ind., Mo., and Ohio, for institutional use.

July 20, 2011 - Euphoria Fancy Food Inc. 149-151 2nd Ave. Brooklyn NY 11215 recalled Herring Special Salting because the New York State Department of Agriculture and Markets Food Inspectors discovered that the fish was not properly eviscerated prior to processing. This product may be contaminated with Clostridium botulinum spores, which can cause Botulism, a serious and potentially fatal food-borne illness. The recalled Herring Special Salting comes in an uncoded, 48.58oz (1300gr) plastic container and is a product of Russia.  Herring Special Salting was sold in New York State. No illnesses have been reported to date.

July 19, 2011-Flying Food Group, LLC, a Lawrenceville, Ga., establishment, recalled approximately 204 pounds of ready-to-eat chicken wraps and plates that may be contaminated with Listeria monocytogenes. The following products are subject to recall:  8.4-ounce packages of "STARBUCKS CHIPOTLE CHICKEN WRAPS Bistro Box"; 6.3-ounce packages of "STARBUCKS CHICKEN & HUMMUS Bistro Box" ; The “Assoluti Cooked Diced Bacon” has a case code of 1173 and EST No. 169A. It bears the Canadian mark of inspection and a Certification Number of 406515, 406516, or 406562. The products were shipped to distribution centers in Florida, Illinois, Indiana, Michigan, and Ohio for further distribution to food service institutions. There have been no reports of illness to date.

July 19 , 2011 -Arizona Canning Company recalled 29 ounce cans of Sun Vista Red Enchilada Sauce (Mild, Medium and Hot) because they may contain undeclared soy protein. People, who have allergies to soy, run the risk of serious or life-threatening allergic reaction if they consume these products. The recalled Sun Vista Red Enchilada Sauce (Mild, Medium and Hot) was distributed in California and Arizona. All lots of this product are being recalled. No illnesses have been reported to date in connection with this problem.

Food Poisoning Possible Cause of Outbreak that Sickened 60 Students at Cesar Chavez Elementary

On Monday, sixty students at Cesar Chavez Elementary School in Coachella, California, got sick. Riverside County health officials are investigating the outbreak and are looking at food poisoning as a possible cause.

About 800 students and 10 adults were served taco salad with ground beef, shredded cheese and lettuce, salsa and an apple cobbler. Health officials took food samples and inspected the school kitchen. They are also interviewing students and looking at school records to see if they ate the lunch and if they all ate the same food for lunch, for example, if all of them had lettuce on their tacos.

 

E. coli Lawyer Hopes U.S. Takes Heed of E. coli O111 Outbreak Linked to Raw Beef

A deadly food poisoning outbreak making headlines in Japan involves a type of E. coli not routinely tested for in the United States -- a lesson that national E. coli lawyer Fred Pritzker is hoping will speed policy changes here.
 
The current Japanese beef E. coli outbreak involves E. coli O111, one of six prevalent non-O157:H7 strains of E. coli not routinely screened for in the United States even though they produce the same potentially deadly toxin as E. coli O157:H7, which the U.S. government banned from ground beef in 1994. The Centers for Disease Control and Prevention (CDC) has estimated that these six non-O157:H7 strains cause approximately 113,000 illnesses and 300 hospitalizations annually in the United States, yet to date there are no policies to control them.
 
Pritzker, who represents victims in practically every major outbreak of food poisoning in the U.S., said Japan's tragedy with E. coli O111 could accelerate positive change in the U.S., which has been inching too slowly toward classifying the six non-O157:H7 shiga toxin producing types of E. coli as pathogens that demand pre-market screening. 
"Japan's nightmare with E. coli O111 should trigger changes in our own country,'' Pritzker said. "We shouldn't have to wait for a similarly sized disaster to strike here. It's another impetus for our government to get moving.'' 
The Japan beef E. coli outbreak has killed two six year old boys, a 70-year-old woman and another member of that woman's family. The number of outbreak cases has topped 70, involving at least three Japanese prefectures. Food safety investigators have linked the infectious disease outbreak to Korean-style steak tartar (raw beef) at a restaurant chain. Strains of the pathogen O111 with the virulence to cause life-threatening hemolytic uremic syndrome (HUS) were detected among many hospitalized patients. 
 
Attorney Fred Pritzker can be reached at 1-888-377-8900 (toll free) or by contact form. Mr. Pritzker is the founding partner of PritzkerOlsen, P.A., a Minneapolis, MN law firm that represents victims of food poisoning nationwide. Mr. Pritzker has won tens of millions for food poisoning victims and has appeared on national and local news programs to discuss foodborne illness lawsuits and food safety.

Consumer Response to Food Recalls

Existing data show that many consumers do not take appropriate protective actions during food recalls associated with outbreaks of E. coli O157:H7 and other types of foodborne illness. According to government statistics,  41 percent of U.S. consmers say they have never looked for any recalled product in their home  Conversely, some consumers overreact to the announcement of a food recall.

In response to the 2006 fresh, bagged spinach recall which followed a multistate outbreak of E. coli O157: H7 infections, 18 percent of consumers said they stopped buying other bagged, fresh produce because of the spinach recall. The spinach E. coli outbreak killed three people and sickened more than 200 others. Of 102 victims who were hospitalized, 31 developed a dreaded disease known as E. coli HUS, or hemolytic uremic syndrome.

Now federal health authorities are proposing a "Survey on Consumers' Emotional and Cognitive Reactions to Food Recalls.'' The proposal was published this month in the Federal Registry. Finding from the study will help the Food and Drug Administration understand the emotional response to food recalls. This will help FDA to design more effective consumer food recall messages during and after a recall, the federal registry said.
 
According to the notice, the proposed survey will be conducted under a cooperative agreement between the Joint Institute for Food Safety and Applied Nutrition (JIFSAN) and the Center for Risk Communication Research at the University of Maryland. JIFSAN was established in 1996 and is a public and private partnership between FDA and the University of Maryland. The Center for Risk Communication Research will design and administer the study.
"The proposed study will assess consumers' emotional and cognitive recollection of certain food recalls and gauge how these recollections affect their current perceptions about food recalls and their inclination to adhere to future recommended food recall,'' the notice of the survey said.

Zeppole Salmonella Update in R.I.

 The DeFusco's Zeppole and mini-Zeppole Salmonella outbreak in Rhode Island has sickened at least 56 people, including 26 who were hospitalized for intervention. Those are the latest numbers from the State of Rhode Island Department of Health (HEALTH).

A man in his 80s from Providence County died during this outbreak while infected with Salmonella. The investigation is continuing in search of product sample test results and other factors. Cream-filled Zeppole and mini-Zeppole made by DeFusco's Bakery have been associated with the outbreak that started in a Warwick nursing home that served DeFusco's  Zeppole as a treat. Eleven of the residents fell ill and seven were hospitalized.

Victims and their families may contact food safety lawyer Fred Pritzker and his associate David Szerlag, who is a member of the Rhode Island Bar Association. The firm PritzkerOlsen, P.A., is investigating the outbreak and accepting cases from patients and their loved ones. Contact Fred or David at 1-888-377-8900 (Toll Free) or by completing a Zeppole Salmonella contact form. Our firm is one of the few in the country practicing extensively in the area of foodborne illness litigation and we have collected tens of millions for victims of food poisoning. We also are actively involved in several efforts to prevent foodborne illness outbreaks.

Samonellosis caused by contaminated baked goods can lead to chronic health problems, including arthritic conditions, reactive arthritis and Reiter's Syndrome -- all of which should be the responsibility of the wrongdoer. Salmonella symptoms include nausea, vomiting, abdominal, diarrhea, fever, and headache. These acute symptoms may last for 1 or 2 days or may be prolonged depending on virulence factors. Salmonella is especially dangerous for infants, the elderly, and people with HIV or in treatment for cancer. Salmonellosis should not be taken lightly and people who suspect they have it should immediately see a doctor

Food Poisoning Litigation Symposium

Food poisoning litigation was the topic of the keynote address delivered last week in British Columbia by American food safety attorney Fred Pritzker. More than 100 Environmental Health Officers attended the address as part of the Fraser Health Authority's Annual Environmental Health Officer Educational Day.

The 47-page Power Point demonstration focused on how lawyers prove food poisoning cases in the aftermath of outbreaks of E. coli, Salmonella, Campylobacter, Listeria and other types of foodborne illness. In Canada, Environmental Health Officers are like food safety inspectors in the U.S. Mr. Pritzker, founder and president of PritzkerOlsen, P.A., explained how he and his associates at the firm thrive on holding wrongdoers accountable for violating food safety rules. The best way to do that is obtain fair compensation for clients' harms and losses. The firm also advocates for safer food and for the elimination of human pathogens from the food supply.

Pritzker Olsen attorneys are involved in practically all national outbreaks of foodborne illness, always representing victims. The firm's typical foodborne illness cases involve significant injuries or death, but lawyers at the firm also handle a volume of smaller cases from the same outbreak.

Pritzker told the Canadian health officers that the real battleground in foodborne illness litigation is proving that a particular food product caused a particular client's foodborne illness. He touched on the importance of using food safety experts to help fortify the cases and he discussed how a case is put into suit when settlement negotiations fail.

Perfringens Outbreak in Evanston, Ill. Confirmed at Haven Middle School

Perfringens food poisoning often is associated with temperature abuse of food in group settings, especially when the food sits before people arrive. In Illinois, the City of Evanston Health Department was contacted by Evanston School District 65 regarding 30 individuals becoming ill after eating food catered from Merle’s Smokehouse of Evanston at parent/teacher conferences on Wednesday February 16, 2011. 

Perfringens food poisoning normally lasts 24 hours, causing intense cramps and diarrhea that starts  6 to 24 hours after consumption of contaminated food. The Evanston Health Department collected samples of catered food and inspected Merle's Smokehouse. Results indicated Clostridium perfringens caused the outbreak.
 
“The outcome of the investigation revealed unsafe food handling and temperature storage at both Merle’s BBQ Restaurant and Haven Middle School,'' Evanston Health Director Evonda Thomas said in a press release. Testing confirmed the bacteria came from barbeque pulled chicken that was delivered to Haven Middle School where it was then served “buffet style” between the hours of 3 p.m. and 7 p.m. 
 
Perfringens poisoning is one of the most common causes of foodborne illness in the United States and is commonly found on raw meat and poultry. A more serious but rare illness is also caused by ingesting food contaminated with Type C strains of perfringens. The latter illness is known as enteritis necroticans or pig-bel disease. Pig-bel is often fatal, but it is very rare in the U.S. The deaths are caused by infection and necrosis of the intestines and from resulting septicemia.

Food Poisoning Trend in U.S. Not So Rosy

You may have heard that food poisoning outbreaks in the United States are declining, but a pre-eminent public health doctor has written in The New England Journal of Medicine that we've made very little progress combatting disease from contaminated food.

Dr. Michael Osterholm, director of the University of Minnesota's Center for Infectious Disease Research and Policy, wrote in a "Perspective'' piece in the lastest issue of the Journal that says the best measure for up-to-date trends in foodborne illness is FoodNet, a CDC surveillance system that tracks infections reported to labs in 10 states.

Osterholm notes that when the 2009 incidence of infections with the eight primary bacterial and parasitic pathogens is compared with their incidence in the period from 2006 through 2008, no significant change can be seen for six pathogens. Only the infection rates for Shigella and E. coli O157 show significant decreases . In addition, recent  studies have demonstrated a significant increase in the incidence of foodborne disease caused by emerging non-O157 types of E. coli, suggesting that surveillance for O157 is no longer sufficient to determine the effect of foodborne shiga toxin-producing E. coli infections.

"On the basis of FoodNet data for the past 14 years, we must conclude that the improvements made in the late 1990s in the safety of our food supply are still having a positive effect,'' Osterholm wrote. "But we’ve made little additional progress in the last decade.'' 

The CDC now estimates that there are approximately 48 million foodborne illnesses, 128,000 hospitalizations, and 3000 deaths per year. That means that 15% of Americans can expect to have a foodborne illness annually and that 41 in 100,000 will be hospitalized and 1 in 100,000 will die.

National food safety law firm PritzkerOlsen, P.A., is one of the very few attorney groups in the country practicing extensively in foodborne illness litigation. Dr. Osterholm's son, Ryan Osterholm, is a lawyer for the firm, representing victims of E. coli, Salmonella, Campylobacter, Listeria and other diseases caused by the negligence of food companies, restaurants, distributors and retailers. To contact Ryan about an outbreak of food poisoning that has sickened you or a member of your family and friends, call 1-888-377-8900 (Toll Free) or complete our form for a free consultation. 

Silver Lake Firefighters Sickened After Dinner Banquet in Orange County NY

A possible food poisoning outbreak is under investigation in Orange County, New York, after a number of firefighters went to the doctor more than a day after eating together at a banquet in Goshen, the county seat.

Mid-Hudson News Network broke the story, reporting that the possible food poisoning outbreak is being investigated by the Orange County Health Department. Orange County, N.Y., is in the southeast portion of the state. The banquet was attended Saturday night at a catering hall by about 120 people. Health investigators said a number of Silver Lake Fire Department volunteer firefighters got sick and went to the doctor on Monday and Tuesday.

Nausea and vomiting were chief symptoms of the outbreak, a doctor told Mid-Hudson News. National food safety law firm PritzkerOlsen, P.A., is monitoring the outbreak and can be reached at 1-888-377-8900 (Toll Free) or by contact form.

Salmonella Prevention Tips for Raising Backyard Chickens and Other Poultry

Salmonella and chickens go together as surely as roosters crow at dawn, but many people don't recognize the extent of contamination hazards and the Centers for Disease Control and Prevention (CDC) reminds families to take precautions while raising backyard chickens and other poultry. In recent years there have been several human Salmonella outbreaks associated with live poultry contact and the outbreaks are especially threatening to children and others whose immune systems are not fully developed or impaired. Salmonella is believed to be responsible for 35 percent of hospitalizations related to foodborne illness and 28 percent of foodborne deaths.

It’s common for chickens, ducks, and other poultry to carry Salmonella bacteria in their intestines, which is then shed in their droppings or feces. Even when the animals appear healthy and clean, the germs can live on their feathers, feet, and beaks. The pathogens also spread to cages, coops, hay, plants, and soil in the area where the birds live and roam. Additionally, the germs can be found on the hands, shoes, and clothing of those who handle the birds, feed them or work or play where they live and roam

Here's a list of live poultry raising precautions urged in a recent posting on CDC's Public Health Matters blog

  • Do not let children younger than 5 years of age handle or touch chicks, ducklings, or other live poultry without supervision.
  • Wash your hands thoroughly with soap and water immediately after touching live poultry or anything in the area where they live and roam.
  • Avoid touching your mouth before washing your hands.  Use hand sanitizer if soap and water are not readily available.
  • Adults should supervise hand washing for young children.
  • Wash hands after removing soiled clothes and shoes.
  • Do not eat or drink in the area where the birds live or roam.
  • Do not let live poultry inside the house or in areas where food or drink is prepared, served, or stored, such as kitchens, pantries, or outdoor patios.
  • If you have free-roaming live poultry, assume that where they live and roam is contaminated.
  • Clean equipment and materials associated with raising or caring for live poultry, such as cages, feed containers, and water containers, outside the house, not inside. 

Food Safety Law Protects Whistleblowers

Food safety on the front lines of manufacturing received a major boost this year in the form of strong protection for food industry workers who blow the whistle on dangerous conditions that could lead to outbreaks of Salmonella, E. coli, Campylobacter, Listeria and other types of food poisoning.

The whistleblower provision is tucked into the Food Safety Modernization Act signed last month by President Obama. It gives job protection to individuals who speak up about what they think are violations of food safety laws. If they were to get fired for blowing the whistle, the government could order them reinstated with back pay, attorneys' fees and other damages and protection from further retaliation.

Tom Devine,  legal director for the Government Accountability Project, a non-profit whistleblowing organization that supported the new safeguards, told Associated Press reporter Steve Karnowski that  whistleblowers are the informational lifeline to warn the public when government-approved food might be a public health hazard.
 
Karnowski reported that Kenneth Kendrick spoke out in 2009 about unsanitary conditions at a Peanut Corp. of America (PCA) plant in Texas. His claims drew attention after PCA's flagship plant in Blakely, Georgia, was blamed for a 2008-09 Salmonella Typhimurium outbreak that killed nine people and sickened more than 700 others across the country. 
Kendrick, the Texas plant's assistant manager for part of 2006, said he sent state regulators anonymous e-mails about a rat infestation at the plant and bird droppings getting into products, but his complaints were ignored. He was working for a different FDA-regulated company when he spoke publicly about the problems, and he believes that's why he was fired from his new job and why he's had trouble finding work since.
The new law includes a burden of proof that favors workers when it comes to repairing any retailiation they suffer for warning people of potential contamination. But people should also know that the new food whistleblower protections only apply to food businesses regulated by the FDA. That excludes meatpacking plants, which are regulated by USDA. Devine has said his group will push for similar protection for workers at USDA-regulated facilities.

FDA's New Food Poisoning Outbreak Team

Food poisoning outbreaks in the United States would be quarterbacked by a "national outbreak director" at the FDA under an initiative announced in a job posting by FDA Deputy Commissoner for Foods Michael Taylor. Mr. Taylor told the Center for Infectious Disease and Research Policy (CIDRAP) that the agency's goal with the new position is to improve and broaden the agency's approach to foodborne outbreaks. One out of six Americans annually is sickened by foodborne illness.
 
Said Taylor: "The recruitment of a chief medical officer and director of outbreaks here is part of an effort to really transform the way we think about and manage and learn from outbreaks in our effort to build a prevention-oriented food safety program.'' The food safety official told CIDRAP that FDA is putting together a permanent team to work on foodborne outbreaks of E. coli, Salmonella, Campylobacter and other pathogens. The team of about 40 will work full time on outbreaks, not as a side duty, and they also will perform postmortem work in the aftermath of outbreaks to look for lessons of prevention.
 
The outbreak director, also called the chief medical officer, would be the point person on deciding when the FDA should step in and order any food recalls. The new slant by the FDA should allow the agency to drill deeper in outbreak investigations -- including more thorough plant and field inspections -- to find smoking gun evidence as to what caused an outbreak.
National food safety lawyer Fred Pritzker said the development is good news for consumers who become victims of foodborne illness outbreaks because it is impossible in some cases to file a food poisoning lawsuit unless public health authorities have linked an outbreak to a cause. "The better we become at outbreak detection, the more we can do for victims of food poisoning,'' Pritzker said. "Increased accountability and transparency will make our food supply safer in the long run.''
The FDA's job posting says the national outbreak director will have "overall responsibility for leadership and management, policy development, decision making, strategic planning, and day-to-day operations for food-related outbreaks and food incidents affecting the public health of the nation and within the purview of the FDA."

Food Safety Group Grades States On Foodborne Illness Outbreak Vigilance

Seven states received an "A" letter grade while 14 others received an "F" for their performance in detecting and reporting outbreaks of foodborne illness. The analysis, based on 10 years of outbreak data kept by the Centers for Disease Control and Prevention (CDC), was published this week by the respected non-profit health advocacy organization known as Center for Science in the Public Interest (CSPI).

The findings reinforce conventional wisdom among food safety experts, including food poisoning lawyers who represent victims of E. coli, Salmonella, Campylobacter, Listeria and other types of bacteria. Generally speaking, states that report a lot of outbreaks are tops at linking clusters of foodborne illnesses to the source of contamination. By contrast, those states that hardly report any outbreaks don't seem to put much effort into it. CSPI said state public health investigations of foodborne illness are vital to quantifying the problem on a national scale and subsequently developing prevention strategies.

The seven states to receive an "A" were Florida, Hawaii, Maryland, Minnesota, Oregon, 
Washington, and Wyoming. The 14 states to receive an "F" were  Arizona, Arkansas, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, Nevada, New Mexico, Oklahoma, South Carolina, Texas, and West Virginia. 
 
CSPI said the findings suggest that many states lack adequate funding for public health services, 
leading to health departments that are overburdened and understaffed.  "The result is 
decreased outbreak investigation and detection and an incomplete picture of foodborne 
illness across the country,'' the organization said in its executive summary of the analysis. "This paucity of information impedes efforts to prevent.''
 
In one other interesting note from the research, the percentage of solved outbreaks—those with both an indentified food and identified pathogen—has declined over the 10-period, from a high of 44 percent in 2001 to 34 percent in 2007.  In some years, nearly 70 percent of outbreaks are not solved, meaning that at least one essential data point (food or pathogen) is missing.
 
 

Food Safety Upgrades Under New Law

Food safety upgrades under the new law signed by President Obama are spelled out in an open letter from  Dr. Margaret A. Hamburg, commissioner of the Food and Drug Administration.

What follows here is her boiled-down list of specific improvements and mandates under the Food Safety Modernization Act:

  • Processors of all types of food will now be required to evaluate the hazards in their operations, implement and monitor effective measures to prevent contamination and have a plan in place to take any corrective actions that are necessary.
  • FDA will have much more effective enforcement tools for ensuring those plans are adequate and properly implemented, including mandatory recall authority when needed to swiftly remove contaminated food from the market.
  • FDA will establish science-based standards for the safe production and harvesting of fruits and vegetables to minimize the risk of serious illnesses or death.
  • FDA will set standards for the safe transportation of food.
  • All high-risk domestic facilities must be inspected within five years of enactment and no less than every three years thereafter. 
  • Importers are now required to verify the safety of food from their suppliers and the FDA has authority to block foods from facilities or countries that refuse our inspection
  • FDA will increase its inspection of foreign food facilities. 

Historic Food Safety Bill Sent to Obama for Passage Into Long-Awaited Law

The FDA Food Safety Modernization Act as passed by the U.S. Senate and House of Representatives this week has been sent to the White House for President Barrack Obama to sign into law.

The Senate unanimously approved the bill on Sunday. Yesterday it passed the House by a vote of 215 to 144. Speaker Nancy Pelosi said the legislation includes a sweeping overhaul of our nation’s food safety system and works to more effectively prevent, detect, and respond to food-borne illnesses. 

By  empowering the FDA with more enforcement, inspection and traceback strength in the event of foodborne illness outbreaks, Congress fundamentally has changed the way we protect public health. The bill is meant to prevent contamination before it occurs, steering away from the existing pattern of responding after an outbreak. The bill also improves the government's ability to detect and respond to foodborne illness when outbreaks of E. coli O157:H7 and other bacteria happen.  It increases the number of inspections the FDA must conduct, and, for the first time, requires importers of foreign food to verify that products grown and processed overseas meet U.S. safety standards. 

When President Obama signs the bill, the FDA will be able to initiate food recalls and gain access to company records at production centers to help track food-borne illness outbreaks. And the FDA will now set quality standards for imported foods. Needed in future sessions of Congress is authorization to fund more inspectors.

Noted food safety lawyer Fred Pritzker applauded the long-awaited passage of the Act, which he and many of his clients have actively pushed.  Client Randy Napier, for instance, lost his mother to a powerful Salmonella infection that she contracted in the massive 2008-2009 peanut butter and peanut product outbreak that helped convince lawmakers to finally do something about food safety. Randy and his extended family have been an instrumental voice in pressing for the change.

"Every person has the right to purchase and consume nutritious food,'' Pritzker said. "For many of our clients this measure has come too late, but we have every hope that this historic change in law will better protect citizens from deadly and dangerous pathogens that too often are putting us at risk.'' 

Food Safety Advice from Pest Managers

 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.

Attorneys Call for Senate to Act on FDA Food Safety Modernization Act

According to a food safety report issued by the Center for Science in the Public Interest, U.S. PIRG (federation of state Public Interest Safety Groups) and the Consumer Federation of America (CFA), 85 separate food recalls linked to 1,850 illnesses have occurred since the House passed H.R. 2749, the Food Safety Enhancement Act, 13 months ago. Yet, the Senate has not passed S. 510, the FDA Food Safety Modernization Act, the Senate’s version of the bill.  As lawyers and food safety advocates, Pritzker Olsen attorneys call on the Senate to pass S. 510 and support the FDA and USDA in their efforts to keep our food safe.

Attorney Fred Pritzker represents people sickened in foodborne outbreaks. “I have a client that drank milk contaminated with Campylobacter bacteria and is now paralyzed from Guillain-Barré Syndrome (GBS),” stated Pritzker. “I have other clients who developed hemolytic uremic syndrome (HUS) from an E. coli infection and suffered kidney failure, severe hypertension, brain damage and other serious problems. These illnesses were preventable, but food producers seem unwilling to take the measures necessary to make food safe.”

Pritzker Olsen attorneys urge everyone to contact their Senators and tell them the FDA Food Safety Modernization Act (S. 510) should be passed immediately. 

The S. 510 was sponsored in the Senate by Richard Durban of Illinois and co-sponsored by the following 17 Senators:

Lamar Alexander [TN]
Jeff Bingaman [NM]
Richard Burr [NC]
Roland Burris [IL]
Saxby Chambliss [GA]
Christopher Dodd [CT]
Michael Enzi. [WY]
Kirsten Gillibrand [NY]
Judd Gregg [NH]
Tom Harkin [IA]
Orrin Hatch [UT]
Johnny Isakson [GA]
Edward Kennedy [MA] - (co-sponsored in 3/3/2009 and now deceased)
Amy Klobuchar [MN]
Benjamin Nelson [NE]
Tom Udall [NM]
David Vitter [LA]

 Many of these Senators have been leaders in the area of consumer protection.  If they are from your state, we suggest you contact them as a show of support.

Consumer Groups Demand Senate Passage of Modern Food Safety Bill

Three consumer interest groups have joined forces to urge Congress to pass meaningful food safety legislation to wipe out antiquated laws and poor enforcement.

In a report released Wednesday, the consumer groups said in Washington that the current Salmonella egg outbreak that has sickened nearly 1,500 people across the county is the latest of many recalls of contaminated food since the U.S. House passed a food safety bill in July 2009.

“Recalls and outbreaks are the most public consequence of our ‘horse and buggy’ food safety system,”  Caroline Smith DeWaal, food safety director at the nonprofit Center for Science in the Public Interest (CSPI) said in a press release.

The three groups calling on the Senate to pass similar legislation when it reconvenes are CSPI, Consumer Federation of America and U.S. Public Interest Research Group.

They issued a report that said 85 separate food recalls linked to 1,850 illnesses have occurred since the House passed H.R. 2749, the Food Safety Enhancement Act, 13 months ago. According to the report, 36 of those recalls were due to Salmonella contamination of lettuce, alfalfa sprouts, green onions, and ground pepper.

The report noted that hydrolyzed vegetable protein contaminated with Salmonella spurred the recall of a wide variety of soup and dip mixes, dressings, and seasonings. Thirty-two recalls, mostly from contaminated cheeses, were due to dangerous Listeriabacteria. In addition, the report said E. coli bacteria on shredded romaine lettuce sickened at least 26 people in 23 states and the District of Columbia.

The report also details the impact of the recalls on each state. For example, 79 recalls affected products distributed in California, whereas Idaho, Mississippi, and Montana were affected by 44 of the recalls. Click here to see the full food safety report, called Recipe for Disaster.

The consumer groups said that both the House and Senate bills give the FDA a mandate to conduct inspections of food processing facilities, and to conduct microbial testing. Under current law, many facilities go for five or 10 years without an inspection. The Senate bill would require high-risk producers to be inspected more frequently. Both bills give the agency the authority to order companies to recall potentially tainted foods. 
Law firm PritzkerOlsen, P.A., for years has been a strong advocate for tougher food safety laws and is actively involved in other efforts to help keep deadly pathogens out of our nation's food supply. Our firm is involved in practically every major outbreak of foodborne illness, collecting millions of dollars for victims of food poisoning.
 
In the latest Salmonella Enteritidis outbreak associated with contaminated eggs produced in Iowa, for instance, PritzkerOlsen has filed an egg lawsuit in Minnesota on behalf of a woman sickened in Salmonella outbreak at Mi Rancho restaurant in Bemidji, Minnesota. The firm also represents other victims of this outbreak and is conducting its own investigation into the causes.

Food Safety Attorney Ryan Osterholm Interviewed for TV Special Report

Pritzker Olsen attorney Ryan Osterholm shared his expertise and knowledge about foodborne illness in a special news report on CBS Television affiliate WCCO-TV regarding the alarming state of food safety at major league sports stadiums.

You can click here to see the video.

Osterholm was interviewed outside Pritzker Olsen's downtown Minneapolis offices by WCCO news anchor  Frank Vascellero in a report about the ESPN investigation of stadium vendors at all 107 major league baseball, basketball, hockey and football arenas in the United States and Canada.

Based on 2009 inspection records, the report found 30 stadiums where more than half of the concession stands or restaurants had been cited for at least one "critical" or  "major" health violation. Such violations pose a risk for foodborne illnesses that can result in hospitalization and in extreme cases lead to death.

"That is alarming and quite frankly it shouldn't happen,'' Osterholm said. "It's a simple matter of taking the time and making sure you have clean products.''

The ESPN report found mouse droppings in food stations, slime in ice machines, flies in iced drinks and many reports of undercooked food. When present in meat and other foods, human pathogens such asE. coli O157:H7, Salmonella and Campylobacter can survive temperatures up to 160 degrees, resulting in painful diarrhea, stomach cramps, fever and dehydration. 

Said Osterholm about stadium vendors: "They have to turn over a lot of food very quickly and it's often part-time employees who are working there who may not be trained.''

Marie Callender's Food Poisoning Update

On June 17, ConAgra Foods Packaged Foods, LLC first announced a recall of Marie Callender's Cheesy Chicken and & Rice frozen entrées due to possible contamination with Salmonella Chester.  Since then, CDC has confirmed that 37 people from 18 states have been infected with a matching strain of Salmonella Chester since April 11, 2010. The number of ill people identified in each state with this strain is as follows: AK (1), CA (5), CO (2), GA (7), IL (1), KY (1), MA (2), MN (2), MO (1), NC (1), OK (1), OR (2), SC (2), TN (1), TX (1), UT (2), VA (4), and WA (1).

People sickened  in this outbreak range in age from <1 to 88 years old, and the median age is 36 years. Fifty-five percent of patients are female.

Investigation and Smoking Gun

During June 14-18, 2010, CDC and public health officials in multiple states conducted an epidemiologic study by comparing foods eaten by 19 ill and 22 well persons. 89 percent of the ill people at a Marie Callender's frozen meal. Many of the ill persons reported eating a Marie Callender's Cheesy Chicken and & Rice frozen entrée in the week before becoming ill.

On June 18, the Minnesota Department of Agriculture Laboratory announced it had isolated Salmonella Chester from an unopened package of Marie Callender's Cheesy Chicken & Rice single-serve frozen entrée collected from the home of one of the ill people. The DNA fingerprint of the isolate matches the outbreak strain.  Because of the genetic match, this is the smoking gun.

We provide more information about this outbreak, food poisoning litigation and a ConAgra lawsuit on our website, www.pritzkerlaw.com.

To contact a Salmonella lawyer about a Marie Callender's lawsuit, please call 1-888-377-8900 (TOLL FREE) or submit our online form for a free consultation.

 

Raw Milk Veto Will Prevent Outbreaks

Food safety lawyer Fred Pritzker knows first hand as a witness to severe food poisoning cases that raw milk is a dangerous product that should not be sold to the public under any circumstances.

Virtually every health department, federal, state and local, recommends against its use. It has no proven benefit over pasteurized milk. It is particularly dangerous for young children, people with compromised immune systems and the elderly.

For those reasons -- and to protect Wisconsin's mainstream dairy industry from image problems --Governor Jim Doyle has vetoed a bill passed by the Legislature that would have allowed raw milk trade on state dairy farms, albeit with regulation and pathogen testing.

 “I cannot ignore potential harmful health effects of consuming unpasteurized milk that have been raised by many groups… I recognize that there are strong feelings on both sides of this matter, but I must side with public health and the safety of the dairy industry,'' the governor said in his veto message.

His leadership will prevent tragic outbreaks of foodborne illness that Pritzker sees over and over as a lawyer for victims of food poisoning.

His latest case involving raw milk is a Campylobacter lawsuit  filed in the Court of Common Pleas in Allegheney County, Pennsylvania.

The lawsuit alleges that 67-year-old James Orchard became paralyzed from a Campylobacter infection that he suffered from unpasteurized Pasture Maid milk that health investigators later found to be contaminated.

According to the complaint, Mr. Orchard and his wife purchased the milk March 16 from McGinnis Sisters Special Foods store in Mars, Pennsylvania. 

While Mrs. Orchard became seriously sick and sore, her husband began to experience a loss of sensation and movement. As his infection developed into Guillain-Barre syndrome, he became totally paralyzed except for minimal movement of his head and the ability to blink his eyes.

If you or a loved one is in need of an experienced food poisoning lawyer, call Pritzker Olsen at 1-888-377-8900 (Toll Free) or complete the contact form on the side of this Web page. One of our lawyers will provide you with a free case consultation and explain how we don't get paid until your case wins.

Our firm believes foodborne illness is preventable and we are actively involved in efforts to reduce the threat of E. coli, hemolytic uremic syndrome (HUS), Campylobacter, Salmonella, Listeria, Botulism, Shigella, Norovirus and other pathogens that contaminate food.

Saratoga Springs Water Campylobacter Outbreak Up to 15 Cases and More

In Utah, the City of Saratoga Springs Campylobacter outbreak has resulted in 15 lab confirmed cases of Campylobacter infection and many more individuals are reportedly ill with symptoms consistent with the bacteria.

The Utah County Health Department said in a news release that it has been interviewing affected individuals to find a source of the disease. As of now the only common source among cases is the public water system.

Last Thursday, Saratoga Springs issued a boil water order for residents on the north side of the city. On Friday, the city flushed the drinking water system and added chlorine to kill any lingering bacteria. The boil order  was lifted Saturday after tests were negative for coliform bacteria.

The Utah County Health Department is continuing its investigation into the disease outbreak with the City of Saratoga Springs, the Utah Department of Environmental Quality, the Utah Department of Health, and other public and private organizations to determine the cause,

Campylobacteriosis is an infectious diarrheal disease that  typically lasts one week. The diarrhea may be bloody and can be accompanied by fever, nausea and vomiting. Some infected persons do not have any symptoms. In persons with compromised immune systems, Campylobacter occasionally spreads to the bloodstream and causes a serious life-threatening infection. This is known as Guillain-Barre Syndrome.

If you or a loved one has been sickened in this outbreak, call a Campylobacter attorney at law firm Pritzker Olsen at 1-888-377-8900 (Toll Free) or complete the contact form on the side of this Web page.

Our law firm is one of the few in the nation practicing extensively in the area of foodborne illness litigation and we have collected millions for victims of food and water poisoning. Pritzker Olsen is involved in practically every major outbreak of foodborne illness and currently represents Camplylobacter  victims.

Norovirus Ruled Out in Convention Outbreak

Bacterial toxins -- not Norovirus -- probably caused an outbreak of gastrointestinal illness in about 150 of 1,000 attendees at a YMCA Youth and Government meeting in Raleigh, North Carolina, in early February. Five were hospitalized.

That is the followup report from WRAL-TV in Raleigh, quoting health officials including state epidemiologist Dr. Megan Davies.

Said Davies: “The timing of the outbreak and the fact that most sick attendees had only diarrhea and not vomiting make it unlikely that norovirus was the main cause. Still, some students might have had norovirus when they arrived at the conference in Raleigh.”

WRAL reported that health investigators surveyed more than half of the conference attendees. Investigators found that students who ate at a February 12 banquet at the convention center were almost three times more likely to get sick as those who didn't attend the banquet. No other meals were associated with illness, officials said.

The short time between the dinner and the onset of illness makes it more likely that bacterial toxins, a common cause of food poisoning, were to blame, the station reported.
 
Bacterial toxins typically cause diarrhea, stomach cramps or vomiting within a few hours of eating contaminated food. The keys to preventing food-borne illness caused by these toxins are thoroughly washing raw ingredients to reduce bacteria on the food; keeping cooked foods separate from raw, uncooked foods; thoroughly cooking meat and poultry; and keeping cooked foods at safe temperatures after cooking.

Lombard Subway Shigella up to 21 Victims

West Chicago Press is reporting that the Lombard Subway Shigella outbreak has expanded from 12 illnesses to 21 reports of lab-confirmed cases of shigellosis.

The Subway restaurant, located at 1009 E. Roosevelt Road, has been closed since March 4 as the DuPage County Illinois Health Department investigates the cause of this outbreak.

National food safety law firm Pritzker Olsen is accepting cases on behalf of families whose loved ones have been sickened. A free Subway Shigella litigation consultation can be obtained by calling 1-888-377-8900 (Toll Free) or by completing the contact form on the side of this web page.

Our law firm is one of the few in the country practicing extensively in the area of foodborne illness litigation and we have collected millions for victims of food poisoning. Based on what we know about restaurant outbreaks of shigellosis, this particular case of food poisoning was preventable.

Quite often the diarrheal disease Shigella is spread through improper hand-washing by an infected worker -- even for weeks after the worker's own symptoms have subsided. 

According to the Centers for Disease Control and Prevention, shigellosis was the third most prevalent of all enteric diseases tracked by CDC's FoodNet Surveillance system. In 2008, the most recent year for which figures are available, there were 3,029 confirmed Shigella infections, or 6.59 per 100,000 population. Salmonella and Campylobacter  were numbers 1 and 2, respectively, on the same list.

More than 50 percent of Shigella victims are under age 11.

Lombard Subway Shigella Victims Urged to Report any Illnesses to County

The DuPage County Illnois Health Department is asking for any reports of diarrheal illness suffered by people who ate at the Subway sandwich shop in Lombard at 1009 East Roosevelt Road.

The restaurant has temporarily been closed as part of the county's Lombard Subway Shigella outbreak investigation. So far, eight confirmed cases of Shigellosis have been reported among Lombard Subway customers, including four who were hospitalized.

 In a written update on the problem, the DuPage Health Department said Friday it had received multiple reports of illness possibly associated with food consumption from the Roosevelt Road Subway location. These cases would be in addition to the eight confirmed illnesses.

"If you or a family member has eaten at the Subway restaurant located at 1009 E. Roosevelt Road in Lombard between February 24 and March 1 and developed diarrheal illness within 12 hours to four days after eating, please consult with your physician and call and report the illness to the DuPage County Health Department at (630) 682-7400.

For answers to legal questions about this outbreak, call a Shigella attorney at national food safety law firm Pritzker Olsen. We are leading practitioner of foodborne illness litigation, collecting millions over the years for victims of food poisoning.

Shigella is highly contagious from person to person and also can be acquired from eating contaminated food. The bacteria are present in the stools of an infected person while they are sick and for a few weeks afterward.

County health officials are reminding people who may be sick with Shigellosis not to take antidiarrheal agents such as loperamide (Imodium) or diphenoxylate with atropine (Lomotil) since they can prolong illness in Shigella-infected persons. That's one of the reasons it is important to see a doctor.

For a free case consultation at Pritzker Olsen, call 1-888-377-8900 (Toll Free) or complete the information panel on the side of this Web page and we will contact you.

Lombard Illinois Subway Shigella Outbreak

In Illinois, the Lombard Subway sandwich shop has closed as part of a DuPage County Health Department investigation of a Shigella outbreak.

The health department released a statement saying Subway was cooperating with the probe. Shigella is a bacteria that can be spread from one infected person to the next and also can be transmitted in contaminated food.

Maryann O'Neill, principal of Montini Catholic High School in Lombard, told the Tribune that two students called in sick Wednesday with food poisoning. She said it was her understanding they had eaten at Subway. One of the students was taken to a hospital emergency room.

"It is scary,'' said O'Neill.

Shigellosis also is known as bacillary dysentery. Symptoms include diarrhea containing blood and mucus, fever, abdominal cramps, chills, and vomiting. Onset of illness occurs 12 to 50 hours from ingestion of bacteria and it can last a few days to 2 weeks.

Most Shigella outbreaks result from food, especially salads, prepared and handled by workers using poor personal hygiene. The common transmission is fecal contamination of food and water or person-to-person by fecal-oral route.

If you or a loved one is a victim of this outbreak and want answers to legal questions, contact an attorney at Pritzker Olsen at 1-888-377-8900 (Toll Free), or by completing our contact form on the side of this Web page. Our law firm is one of the few in the country practicing extensively in the area of food poisoning litigation and we have collected millions for victims in all corners of the country.

Raleigh Norovirus Hits YMCA Conference

Health officials in Wake County, North Carolina, confirmed Norovirus as the cause of an outbreak of vomiting and nausea at a YMCA youth and government conference in downtown Raleigh.

More than 150 youth and advisors began experiencing nausea and vomiting Friday night after a catered dinner and a fleet of ambulances was sent to the downtown Raleigh Sheraton Hotel to treat victims. The county said six were hospitalized.

Epidemiologists are still looking for the source of the outbreak. Since it  was reported, the county’s epidemiological team has interviewed 152 people and inspected several food service establishments as part of the ongoing investigation into a cause of the norovirus outbreak. Control measures have been put in place at food service establishments to reduce the spread of norovirus, including:

  • Sanitizing with chlorine.
  • Emptying and sanitizing ice buckets
  • Restricting bare hand contact with food
  • Evaluating food service employee health

If you were affected by this outbreak and have questions about possible legal compensation, contact national food poisoning law firm Pritzker Olsen at 1-888-377-8900 (Toll Free) or complete our contact form on the side of this Web page. We are a leading national practitioner of foodborne illness litigation and we have been helping victims collect compensation for years.

Raleigh Convention Center Food Poisoning Strikes YMCA Conference

Epidemiologists are studying what caused more than 150 people to fall ill with diarrhea, vomitting and stomach cramping after a catered dinner Friday night at Raleigh Convention Center.

The event was part of a regional youth and government conference held by YMCA. According to a report on the apparent foodborne illness outbreak by the Charlotte News and Observer newspaper, at least five attendees were hospitalized.

The illnesses were so sudden and widespread that ambulances were sent to the downtown Raleigh Sheraton Hotel where many of the sick were staying. The newspaper said at least 20 ambulances and several firetrucks were parked along Salisbury Street behind the hotel throughout Saturday morning.

Wake County health investigators interviewed students Saturday afternoon to determine whether the illness might have been caused by a food-borne pathogen.  

Wake County spokeswoman Marshall Parrish said epidemiologists will be studying the outbreak over the next few days or weeks in an attempt to find the cause.

If you were affected by this outbreak and have questions about possible legal compensation, contact national food poisoning law firm Pritzker Olsen at 1-888-377-8900 (Toll Free) or complete our contact form on the side of this Web page. We are a leading national practitioner of foodborne illness litigation and we have been helping victims collect compensation for years.

Louisiana Oyster Bed Reopens After Norovirus Scare

 The Louisiana Department of Health and Hospitals today reopened Area 29 to oyster harvesting after it had been shut down over concerns that the oysters caused a Norovirus outbreak in North Carolina last month.

"DHH evaluations of Area 29, located in Lower Calcasieu Lake, have determined the molluscan shellfish growing waters there are suitable for harvest of oysters,'' the department said in a press release.

Calcasieu Lake is an estuary in the Gulf of Mexico south of Lake Charles, Louisiana.

Public health officials in Raleigh, N.C., reported that about 280 people became sick last month after dining at an oyster bar that served oysters from the area in question.
 
Norovirus is highly contagious and causes common illnesses with flu-like symptoms that last for one to two days. The bacteria can find its way into oysters by way of sewage run-off. DHH is continuing to monitor the waters.

Winter Olympics Food Safety Experts At Work To Prevent Outbreaks

The international profile of food safety could get a boost in the 2010 Winter Olympics in British Columbia if more media outlets pick up on the strident efforts of the Vancouver Coastal Health (VCH) and the Vancouver Olympic Organizing Committee to prevent any outbreaks of food poisoning.
The regional newspaper The Province reports this week on NASA technology that is being adapted to monitor refrigerator temperatures in key venues, including villages that will house athletes. Two years ago at the Beijing Olympic Games, several members of the U.S. Olympic team were sickened by food-borne illness in China just days before they were due to compete.
The prevention effort for the upcoming Winter Games is based on knowledge that food stored above 40 degrees F is at increased risk for contamination by E. coli O157:H7, Listeria, Salmonella and other foodborne pathogens. The system being installed will use remote sensors that stream refrigerator temperatures to a central data bank, issuing alerts when something is amiss.
"The system will certainly detect common bad practices, such as walk-in refrigerator doors that are blocked open to receive large food deliveries. But it will also root out problems that are harder to detect such as bad seals, failing compressors and faulty thermometers,'' The Province reported.
Regional health protection officer Nick Losito told the newspaper that the health authority has worked with the Vancouver Olympic Organizing committee for two years to create a food safety plan that will be followed by all Olympic vendors.
  • VCH will employ 75 field officers equipped with WiFi electronic tablets during the Games to provide 18-hour-a-day testing of food service facilities.
  • Two intensive sweeps are planned, one for the week prior to the Games opening and another partway through.
  • Stepped up enforcement for non-Games restaurants have been underway for seven months.

Broken Traceback System Threatens Food Safety

A system established by the Food and Drug Administration (FDA) to trace the movement of food through the supply chain is so flawed that a government watchdog group was only able to trace five of 40 products in an audit.

The findings in a report by the Department of Health and Human Services inspector general's office show yet another hole in the food safety net that is supposed to protect Americans from outbreaks of E. coli O157:H7, Salmonella, Campylobacter, Listeria and other human pathogens -- not to mention agents of bioterrorism.

in 2005, FDA required certain food facilities to maintain records identifying the sources, recipients, and transporters of food products. The purpose of these records is to allow FDA to trace an article of food through each stage of the food supply chain—from a retail shelf back to a farm and vice versa— if FDA has a reasonable belief that a food product is adulterated and presents a serious health threat.

 "We were able to trace 5 of the 40 products through each stage of the food supply chain; for most of the other products, we could identify the facilities that likely handled them,'' the report says.

For 31 of the 40 products, auditors were able to identify the facilities that likely handled the products. But most facilities did not maintain lot-specific information in their records and could only estimate a range of deliveries For example, for one product—a bag of flour—the storage facility did not know the exact farms that contributed to the product and, therefore, had to give auditors information about every farm that provided wheat during the previous harvest season. 
The inspector general review found that even the simplest requirements are not being met.
 
The report says that 59 percent (70 of 118) of the food facilities audited did not meet FDA's requirements to maintain contact information about their sources, recipients, and transporters. Auditors found that some managers in the supply chain were relying on paper records -- too voluminous to do much good -- while others had non-integrated computer data that required searches of various databases to align products with information about where they came from and where they were forwarded. 

Sapphire Princess Norovirus Outbreak

We are not handling these cases.

Noroviruses are a group of viruses that cause the “stomach flu,” or gastroenteritis. Noroviruses are very contagious. They usually are found in contaminated food or drinks, but they also can live on surfaces or be spread through contact with an infected person.

Web Has Changed Disease Detection For The Better

More than a month before the peanut butter Salmonella Typhimurium outbreak was ever publicly announced , computer programs at Google were tracking clearly defined spikes in consumer searches for information about "Salmonella," "Diarrhea,'' "Recall'' and "Peanut Butter.''

Researchers writing for the New England Journal of Medicine used the example to illustrate just how critical the Internet has become in improving early disease detection.

The research paper by John S. Brownstein, Clark C. Freifeld and Dr. Lawrence C. Madoff said that mining the web has become a critical medium for clinicians and public health practitioners in reducing the time it takes to recognize an outbreak of health threats such as food poisoning and the flu.

Even bloggers are counted by the authors as being beneficial to the overall scheme -- something the food poisoning attorneys at Pritzker Olsen Attorneys already knew. The firm publishes this blog and others with fresh information for the general public about outbreaks involving E. coli 0157:H7, Salmonella, Listeria, Campylobacter, Shigella and other foodborne illnesses.

For instance, Pritzker Olsen this week announced it is investigating claims of a possible E. coli O157:H7 outbreak in the Upper Midwest that could possibly be related to lettuce. Victims are being asked to contact the firm at 1-888-377-8900 or submit a form for a free case consultation.

Food Safety System Needs Improvement

by Fred Pritzker

cdc-logo.gifThe CDC recently issued its report entitled “Preliminary FoodNet Data on the Incidence of Infection with Pathogens Transmitted Commonly Through Food --- 10 States, 2008.” (MMWR April 10, 2009 / 58(13);333-337)

This innocuous sounding document is statistical confirmation of what food safety lawyers already know: our food safety system needs improvement.  As the report’s editorial note states:

Despite numerous activities aimed at preventing foodborne human infections, including the initiation of new control measures after the identification of new vehicles of transmission (e.g., peanut butter--containing products), progress toward the national health objectives has plateaued, suggesting that fundamental problems with bacterial and parasitic contamination are not being resolved. Although significant declines in the incidence of certain pathogens have occurred since establishment of FoodNet, these all occurred before 2004.

Of the four pathogens with current Healthy People 2010 targets, Salmonella, with an incidence rate of 16.2 cases per 100,000 in 2008, is farthest from its target for 2010 (6.8). The lack of recent progress toward the national health objective targets and the occurrence of large multistate outbreaks point to gaps in the current food safety system and the need to continue to develop and evaluate food safety practices as food moves from the farm to the table.

I represent the families of three of the nine fatalities associated with the most recent national Salmonella outbreak involving Peanut Corporation of America. The loss of these three senior citizens (together with the other six deaths and thousands of injured people) is a national tragedy. Sadly, it is but one of many outbreak before and since (following the peanut recall, there have been other national Salmonella outbreaks including sprouts, pistachio nuts and spices).

What’s truly scary about this merry-go-round of death and illness is the fact of its inadvertence. No one intended to adulterate and sell Salmonella-laden food. If we cannot prevent and easily detect negligent outbreaks, how in the world are we going to reduce the risk of weaponized foodborne illness?

There are huge gaps in our current food safety system. Like anything else, you get what you pay for. If you want safer food, you have to develop a science-based system and then support it with enough money and manpower to make it work.

Fred Pritzker is founder and president of national food safety law firm PritzkerOlsen. He currently is representing victims of the nationwide peanut butter Salmonella outbreak, including the families of three women who died with Salmonella infections. With 30 years of experience and a national reputation for excellence, Mr. Pritzker has been quoted by CNN, The Associated Press, The New York Times, The Wall Street Journal, CBS News and Fox News. To contact the firm, call 1-888-377-8900 (toll free) or submit our free case consultation form.

About Pritzker Olsen Attorneys

Pritzker Olsen is a national food safety law firm that has recovered millions of dollars for victims of food poisoning. Our mission is to help injured people get on with the rest of their lives by obtaining justice, fair compensation and holding accountable those who caused them harm.

Attorney Fred Pritzker has appeared on CBS News, Fox's "Geraldo Live," and many local television stations discussing food litigation and food safety. Pritzker Olsen attorneys have been interviewed by The New York Times, The Wall Street Journal, Associated Press, CNN, CBS News, Fox News and others. Attorneys Fred Pritzker, Elliot Olsen and Eric Hageman have been named Super Lawyers by Law & Politics and Fred Pritzker is listed in the current edition of The Best Lawyers in America.

The following is a quote about Attorney Fred Pritzker taken from an article published in Law & Politics,

Since . . . first started handling these [foodborne illness] cases, Pritzker has become one of the country's leading foodborne illness litigators and a self-taught expert on the bacteria and viruses that hide in food such as hamburgers, spinach salad and undercooked fish....(Law & Politics, August/September 2008, No. 171).

Food poisoning lawsuits are complex, science-based lawsuits that require a firm understanding of the legal issues that are unique to food poisoning cases and the microbiology that connects a food-poisoning source to a victim's illness. With our years of experience and food poisoning lawsuit successes, we have the skill, understanding and resources necessary to aggressively fight for justice for food poisoning victims.

Our years advocating for food poisoning victims has given us an understanding of the pain, suffering and hardship that food poisoning inflicts. Hoping to prevent some cases of food poisoning, we have designed this Food Poisoning Law Blog to help educate the public on food safety and food poisoning issues. We post information on the following:

  • food safety
  • food legislation
  • foodborne outbreaks
  • food recalls
  • food poisoning basics
  • food poisoning lawsuits

For a free consultation with one of our attorneys, please call 1-888-377-8900 (toll free) or submit our online consultation form.

To stay current on food safety issues via RSS or email, please just click the appropriate button on the right-hand side of any page. To learn more about our law firm, please see http://www.pritzkerlaw.com.

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