Washington State Cheerleading Event Spawns Outbreak of Apparent Food Illness

The Washington Interscholastic Activities Association (WIAA) annual cheerleading and dance/drill competition in Everett, Washington, drew some 3,000 observers and 1,000 participants to Comcast Arena on February 4. The next day and day after, some people who attended began to experience symptoms of food illness.

Now the Washington State Department of Health and the Snohomish Health District are investigating what organsim made people sick, where it came from and how many fell ill. The early-stage food poisoning investigation was announced yesterday in a press release that said a food history questionnaire will be sent to participants.

The WIAA said Comcast Arena officials are cooperating with the investigation. People who got sick experienced nausea, vomiting, stomach cramps, fever and diarrhea. People who attended the event from around the state are advised to contact a health care provider if they have symptoms.

“Our immediate concerns are for those who have been affected by this illness and our thoughts are with them,” said WIAA Executive Director Mike Colbrese.

Food safety law firm PritzkerOlsen, P.A., is monitoring this investigation and providing free case consultations to families and individuals for possible representation. State officials have not said if anyone was hospitalized. To discuss your concerns with an experienced food illness lawyer at our firm, leave your contact information or call 1-888-377-8900 (Toll Free)

No Warning Required On Raw Milk Sold At Portland Farmers Markets

Raw milk sold at farmers markets in Portland, Maine will not be required to carry a warning, the city council decided last night.

The city’s health department had recommended that warnings citing the health risks of raw milk be posted on placards or handouts where raw milk was sold, but the council voted against the proposed measure calling it “unfair and arbitrary.”

Raw, or unpasteurized, milk can carry dangerous pathogens such as Salmonella, E.coli, Campylobacter and Listeria, which is why many medical and scientific organizations including the Centers for Disease Control and Prevention (CDC), the Food and Drug Administration, the American Academy of Pediatrics, the American Veterinary Medical Association, the National Association of State Public Health Veterinarians, all recommend that milk intended for human consumption be pasteurized.

The CDC reports that raw milk accounts for the bulk of dairy-associated foodborne illness outbreaks and estimates that raw milk causes an average of eight foodborne illness outbreaks every year.

So far this year, an ongoing multistate outbreak linked to raw milk produced on a Pennsylvania farm has sickened at least 43 people with Campylobacter infections, according to state health officials. From 2009 through 2011, there were 29 foodborne illness outbreaks linked to raw milk or raw cheese. And between 1998 and 2009, there were 93 reported outbreaks of foodborne illness linked to raw milk and raw milk products, according to the CDC. Those outbreaks sickened a total of 1,837 people, hospitalizing 195 and killing two.

If you have legal questions about an illness or hospitalization associated with raw milk, contact the food safety lawyers at PritzkerOlsen P.A. for a free consultation.

Food Illness at Basketball Game in Pierre Traced to Stand of "Walking Tacos''

 "Walking tacos'' sold at the Pierre-Mitchell high school basketball game in Pierre, South Dakota, last week was the likely cause of a food illness outbreak that appears to have sickened more than 50 people.

State Epidemiologist Lon Kightlinger said testing revealed the outbreak organism to be clostridium perfringens,, or C. perfringens, a bacteria found on raw meat that can spread if cooking doesn't kill it and the meat is left to simmer at temperatures that are too low. The game took place at Riggs High School.

Walking tacos is a portable dish created by adding ground beef, cheese and salsa to a small bag of corn chips. Seventy-five percent of the respondents who ate the tacos reported becoming ill, Kightlinger said.

The DOH had 217 voluntary telephone and website responses from both well and ill people who attended the game in Pierre. The case remains open, but Kightlinger believes the problem was limited to the basketball game.

Symptoms of clostridium perfringens include diarrhea and cramps lasting less than 24 hours, or longer in some cases. The onset of illness is usually quick and in this case, three quarters of those who became ill reported getting sick between midnight and 6 a.m. the following morning.

The South Dakota Department of Health has posted on its webste a food safety lesson from the USDA titled "Cooking for Groups. A volunteer's guide to food safety.'' 

Source: The Daily Republic

South Dakota Outbreak Sickens 50

The South Dakota Department of Health is investigating a suspected foodborne illness outbreak linked to a Tuesday night high school basketball game in Pierre that has sickened at least 50 people.

Health and school officials are collecting food histories from individuals and will be testing stool samples to identify an organism. An electronic questionnaire has been distributed to Pierre high school and middle school staff and students.

With information from the questionnaires, health officials hope to get a better idea of how many people are ill, how severe the illness is and how long it lasts, the incubation period and the potential food source. Individuals who are not part of the school system are also encouraged to complete the questionnaire at the department’s website, doh.sd.gov. So far, no food from the event has been submitted for testing.

Signs and symptoms of foodborne illness can include mild or severe diarrhea, fever, vomiting and abdominal pain.  In 2011, South Dakota reported nearly 500 cases of foodborne illness .
 
 

South Dakota Outbreak Sickens 50

The South Dakota Department of Health is investigating a suspected foodborne illness outbreak linked to a Tuesday night high school basketball game in Pierre that has sickened at least 50 people.

Health and school officials are collecting food histories from individuals and will be testing stool samples to identify an organism. An electronic questionnaire has been distributed to Pierre high school and middle school staff and students.

With information from the questionnaires, health officials hope to get a better idea of how many people are ill, how severe the illness is and how long it lasts, the incubation period and the potential food source. Individuals who are not part of the school system are also encouraged to complete the questionnaire at the department’s website, doh.sd.gov. So far, no food from the event has been submitted for testing.

Signs and symptoms of foodborne illness can include mild or severe diarrhea, fever, vomiting and abdominal pain.  In 2011, South Dakota reported nearly 500 cases of foodborne illness .
 
 

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.”

Food Safety Lawyer Fred Pritzker To Debate Raw Milk At Harvard Law School's Food Law Society

National food safety lawyer Fred Pritzker has been invited to participate in a debate about raw milk at Harvard Law School’s Food Law Society on February 16, 2012.

Raw milk, or milk from cows, sheep or goats that hasn’t been pasteurized, has become a hot topic. Enthusiasts nationwide are seeking ways to ease purchasing and production restrictions, despite warnings from health officials about its inherent danger.

Proponents say raw milk contains healthful microorganisms that pasteurized milk does not, and that drinking it can aid digestion, boost the immune system and ease the symptoms of allergies and asthma.

While there is no scientific evidence to support these claims, there is ample evidence that pasteurization saves lives by killing dangerous pathogens such as Salmonella, E. coli, Campylobacter and Listeria.

Raw milk products account for the bulk of all dairy product-associated foodborne illness outbreaks reported to Centers for Disease Control and Prevention (CDC).

Over the 36-year period between 1973 and 2009, a whopping 82 percent were caused by raw milk or cheese made from raw milk. Between 1998 and 2009, raw milk and raw milk products caused 93 reported outbreaks of foodborne illness, according to the CDC. Those outbreaks sickened 1,837 people, 195 of whom required hospitalization, two of whom died. Almost 80 percent of the outbreaks involved at least one child or teenager. In 2011, there were at least 10 foodborne illness outbreaks linked to raw milk.

Mr. Pritzker has represented victims of raw milk outbreaks, including the family of a man who became paralyzed from the neck down after drinking raw milk that was tainted with Campylobacter.

Many medical and scientific organizations recommend pasteurization for all milk consumed by humans; these include CDC, the Food and Drug Administration, the American Academy of Pediatrics, the American Veterinary Medical Association, the National Association of State Public Health Veterinarians, and others.

Despite its risks, the sale of raw milk is legal in some states. The science and safety or raw milk will be covered at the Harvard debate.
Participants will include:

Fred Pritzer, founder of PritzkerOlsen Law Firm
Dr. Heidi Kassenborg,
director of the Dairy and Food Inspection Division of the Minnesota Department of Agriculture
Sally Fallon Morell,
president of Weston A. Price Foundation
David Gumpert,
author of The Raw Milk Revolution.

 

Raw Milk Outbreaks and Recalls in 2011

Health officials in Massachusetts are trying to determine if tainted raw milk was the source of a case of brucellosis, a disease so rare in the U.S. that a 1999 New Hampshire case prompted a bioterror investigation.

Brucellosis is caused by the Brucellla bacteria and is normally seen in countries that do not have good public health or animal health programs. It's been decades since the bacteria has been found in Massachusetts livestock, state agriculture officials said. Drinking raw milk or eating unpasteurized milk products is one way humans can contract brucellosis and a number of other serious illnesses.

Here's a look at raw milk outbreaks and recalls during 2011:

November 2011 Three customers who drank raw milk from Cozy Vale Creamery, Tenino, Wash. contracted E.coli infections. The dairy recalled raw milk after E.coli was discovred in the milking parlor.

November 2011 Five children who drank milk produced by Organic Pastures in Fresno, Calif, contracted E.coli infections.

October 2011 Two people are sickened after drinking raw milk tainted with Campylobacter produced on Jerry Dell Farm in Freeville, NY.

September 2011 Pride & Joy Creamery, Granger Wash., The diary issued a recall after Shiga-toxin producing E. coli was discovered in a sample during random testing by the health deaprtment.

July 2011  Three confirmed cases of Campylobacter infection linked to raw milk at Tucker Adkins Dairy, York, S.C.

June 2011 At least seven people in Alaska are sickened after drinking raw milk produced on a Mat-Su Valley farm that was ainted with Campylobacter.

June 2011 Three people contract Q Fever after drinking raw milk contaminated with Coxiella burnetti from a Livingston County, Michigan farm.

June 2011 Sixteen people in Wisconsin contract Campylobacter infections after drinking raw milk at a school event.

April 2011 Four people in Texas are sickened including one woman who was hospitalized with a Salmonella infecttion after drinking raw milk.

Feb 2011 Raw milk is recalled from the The Country Market in Wash. after E.coli 0157:H7 is found.


 

Did Massachusetts Man Contract Brucella Infection From Raw MIlk?

A Massachusetts man diagnosed with brucellosis, also known as Malta Fever, may have contracted the infection after drinking raw milk.

Brucellosis is an infection caused by Brucellla, a bacteria that is usually transmitted from animal to animal, but can be transmitted to humans who consume raw milk, or milk that has not been pasteurized. It’s been decades since the bacteria has been found in Massachusetts livestock, agriculture officials said.

Investigators are still trying to determine the source of the infection and are not certain that it is raw milk. Results of preliminary tests to confirm the infection are expected back next week.

The patient purchased raw milk from Twin Rivers Farm in late December. The Western Massachusetts dairy, which only sells raw milk at its on-site store and does not distribute it to retail operations, has discontinued raw milk sales pending the test results. Health officials are urging anyone who bought raw milk on the farm to discard it.

Brucellosis is a rare disease, less than 200 cases occur in the U.S. each year, according the Centers for Disease Control and Prevention (CDC).

According to the Massachusetts Department of Health:

Brucellosis is a systemic disease with acute or insidious onset characterized by sustained, intermittent, or irregular fever of variable duration. Symptoms include headache, weakness, chills, profuse sweating, joint aches, depression, weight loss, and generalized aching. Localized and chronic localized infections of organs (including the liver and spleen) can occur.

Complications affecting the bones and joints are common (they occur in 20–60% of cases), with sacroiliitis occurring most frequently. Involvement of the genitourinary system, including orchitis and epididymitis, occurs in up to 20% of cases in males. Neurologic symptoms can occur in up to 5% of cases. The disease may last for days, months, or occasionally longer, if inadequately treated. Most cases recover, but some individuals develop significant disabilities. 

If you have legal questions about brucellosis, contact the foodborne illness attorneys at PritzkerOlsen P.A. for a free consultation.

 

 

Tom Vilsack: USDA Closures Won't Disrupt Service

The closure of nearly 260 offices of the U.S. Department of Agriculture (USDA) will not compromise the services the agency provides, U.S. Secretary of Agriculture Tom Vilsack said this week.

Vilsack, who addressed members of the Farm Bureau during the closing session of their annual meeting Jan. 9, said the closures were a necessary part of the agency’s streamlining efforts which are the result of the continuing federal budget deficit.

The agency’s goal is to trim $150 million from its annual budget of $145 billion at a time when its workload is at record highs, and it has less money and fewer people to do the work, Vilsack said. The cuts also come after a year when the nation experienced the largest meat recall and one of the deadliest foodborne illness outbreaks in U.S. history.

The closures, which affect labs and facilities in 46 states, and seven foreign offices include five district offices of the Food Safety and Inspection Service (FSIS), 11 domestic offices of animal and plant health inspection services, five foreign offices of animal and plant inspection services and 24 soil survey offices. These cuts will not affect the agency’s commitment to keeping the nation’s food supply safe and there will be no reduction of the number of inspectors, he said.
 

Recalled Meats Sold to Missouri School

The Missouri Department of Agriculture (MDA) has recalled 320 pounds of meat and temporarily suspended all cooked-meat processing at Kleoppel Meats d.b.a Alma Meats in Alma, Mo., after discovering that meat being sold to consumers had not been inspected and was improperly handled.

The violations  by the Lafayette County meat processor were discovered when members of MDA’s Meat and Poultry Inspection Program uncovered records at the business, operated by Terry Kleoppel, during a January 4 inspection.
 
Records show that some of the products, produced between Nov. 14, 2011 and Nov. 23, 2011, were sold to Trinity Lutheran School in Alma. No illnesses have been reported in conjunction with this recall. A joint investigation by the MDA and the Missouri Department of Health and Senior Services is ongoing. 
 
The recalled products, produced by the Lafayette County meat processor, include: is summer sausage, snack sticks, beef jerky and roast pork.

Recalled items include:

  • 
"Snack Sticks Pepper Jack Cheese & Jalapeno"- 18.14 pounds
Lot # 2091311 / Produced 11/15/2011

  • "Snack Sticks Pepper Jack Cheese" - 18.76 pounds
Lot #'s 2091311 and 2002311 / Produced 11/15/2011 and 11/16/2011 

  • "Snack Sticks" -25.97 pounds
Lot # 2002311 / Produced 11/16/2011
  • 
"Summer Sausage" - 40.27 pounds
Lot # 2081311 / Produced 11/14/2011
  • 
"Summer Sausage Pepper Jack Cheese" - 21.62 pounds
Lot # 2081311 / Produced 11/14/2011
"Summer Sausage Pepper Jack Cheese & Jalapenos" - 25.14 pounds
Lot # 2081311 / Produced 11/14/2011

  • "Spicy Beef Jerky Ground and Formed "
Lot # 2162311 / Produced 11/21/2011 and 11/22/2011

  • "Bold Beef Jerky Ground and Formed"
Lot # 2152311 / Produced 11/21/2011
  • and 11/22/2011

  • "Honey Beef Jerky Ground and Formed"
Lot # 2152311 / Produced 11/21/2011 and 11/22/2011
  • 
"Roasted Whole Hog Meat" - 70.74 pounds
Lot # 1008211 / Produced 11/23/2011
     

Five Surprising Long-term Effects of Food Poisoning

In the United States, about 1,000 foodborne illness outbreaks happen every year, according to the Centers for Disease Control and Prevention (CDC). These outbreaks, caused by food tainted with pathogens such as E.coli, Salmonella, Listeria or Campylobacter, sicken 48 million people -about one sixth of the population, every year. Some of these people, roughly 128,000 of them, will become so sick they require hospitalization. Though most of those hospitalized will recover from the foodborne illness, some will face long-term health problems including:

Kidney Failure
Most common in children, hemolytic-uremic syndrome (HUS) is a serious condition that can develop when toxins from an E. coli infection destroy red blood cells, causing kidney injury.

Chronic arthritis
Reactive arthritis can develop after a Campylobacter infection. In some cases, people who contract a Shigella or Salmonella infection develop reactive arthritis experiencing joint pain, painful urination and irritated eyes, for months or even years leading to chronic arthritis.

Brain damage
Listeria and Salmonella infections can lead to meningitis, an inflammation of the membranes surrounding the brain. For newborns, long-term consequences can include mental retardation, seizures, paralysis, blindness, or deafness.

Nerve damage
Roughly 40 percent of all U.S.cases of Guillain-Barré syndrome, a nerve disorder that can cause temporary or long-term paralysis, are triggered by an infection with Campylobacter.

Death
Every year, 3,000 Americans die of illnesses associated with food poisoning. Almost 90 percent of those fatalities are caused by just five pathogens: Salmonella, Toxoplasma, Listeria, norovirus, and Campylobacter.

 

 

Pink Slime No Longer On Fast Food Menus

McDonald’s, Burger King and Taco Bell will no longer be offering burgers made with a filler of low-grade beef treated with bacteria-killing ammonium hydroxide, known to its critics as “pink slime.”

The filler product, widely used in fast food and school lunch meals, garnered national attention earlier this year when chef and food activist Jamie Oliver denounced it on his show, "Jamie Oliver's Food Revolution, saying: "Basically we're taking a product that would be sold at the cheapest form for dogs and after this process we can give it to humans."

Oliver was referring to the the method, developed by Beef Products Inc. (BFI) of Dakota Dunes, S.D., “of removing bits of beef from fatty carcass trimmings that had previously been sold for pet food or animal feed and then treating the beef with ammonium hydroxide gas to kill bacteria,” according to a story in the Argus Leader.

“We have never had an illness that’s been traced to us. That’s an unprecedented food safety record,” BFI’s founder Eldon Roth, said in the story.

Ammonium hydroxide is one of many chemicals used by the meat industry to kill pathogens at various stages of processing. While pink slime is high on the gross out factor, it serves a purpose, according to Nancy Donley who co-founded the consumer advocacy group STOP Foodborne Illness in 1993 after her child was fatally poisoned by a tainted fast food burger.

Vaccines for pathogens such as E.coli and Salmonella have been slow getting to market and many cattle producers have resisted taking the initiative of preventing bacteria from getting into their animals, Donley, who serves on a board that advises the Agriculture Department on food safety, told the Leader.

 

Walmart Pulls Enfamil From Shelves After Baby In Missouri Dies

Wal-Mart has pulled a batch of Enfamil powdered baby formula from the shelves of more than 3,000 of its stores nationwide after a Missouri newborn boy who was fed the formula died from a rare foodborne pathogen, according to the Associated Press.

The federal government has not ordered an official recall of the 12.5-ounce cans of Enfamil Newborn powder with the lot number ZP1K7G. The manufacturer of the formula, Mead Johnson Nutrition based in Glenview, Ill., said its records showed the lot tested negative for the bacterium before it was shipped, according to the AP.

Wal-Mart decided to pulled the formula while state and federal health officials investigate "out of an abundance of caution" Wal-Mart spokeswoman Dianna Gee said Wednesday. The Missouri Department of Health and Senior Services (MDHSS) sent samples of the formula that had been given to 10-day-old Avery Cornett to the Centers for Disease Control and Prevention and the U.S. Food and Drug Administration for testing, said Gena Terlizzi, an MDHSS spokeswoman.

"At this point it has not been determined whether the illness is linked to the formula or an outside source," Terlizzi said in a statement.


Avery was taken to St. John's Hospital-Lebanon late last week after appearing lethargic and displaying what his family said were signs of a stomach ache, the Lebanon Daily Record reported.
He was later moved to St. John's Hospital-Springfield where preliminary tests showed that he had contracted a rare bacterial infection, Cronobacter sakazakii, a foodborne pathogen, the newspaper reported. He died Sunday after being removed from life support.

Avery had been fed Enfamil Newborn powder that was purchased at a Walmart store in Lebanon. The store stopped selling the product after learning of his death. 

Christopher Perille, a spokesman for Mead Johnson Nutrition, said Enfamil Newborn powder is sold at a variety of retailers, but he didn't have information about whether other companies received units from the lot now being investigated, according to the story. Perille said all of the Mead Johnson’s infant formula products are put through rigorous testing as they are produced, packaged and sealed. "One of the things every batch of product is tested for is Cronobacter," Perille told the AP. "We went back and checked on the batch in question, and it had tested negative for Cronobacter."

Public health investigators seeking the source of Avery's infection will also look at environmental factors, such as the water used in preparing the powdered formula, and at anything else the baby might have ingested, Perille said.

In a recent study, researchers from University College Dublin, in Dublin, Ireland described Cronobacter as “opportunistic pathogens and are linked with life-threatening infections in neonates. Clinical symptoms of Cronobacter infection include necrotizing enterocolitis, bacteremia, and meningitis, with case fatality rates of 50-80% being reported. Contaminated powdered infant formula has been epidemiologically linked with infections.”

The attorneys at PrtitzkerOlsen P.A., a national leader in foodborne illness law, can answer legal questions about an illness or death associated with this recall.  Contact them for a free consultation.

Top Ten Rules for Food Safety at Home

Food safety is the most important factor in cooking and baking. Perishable foods, such as raw meats, eggs, poultry, seafood, and raw produce can cause food borne illness. Sometimes an adulterated product will make you sick even if you do everything right. You can reduce your risk of contacting a food borne illness by following safe food handling practices.

1. Wash Your Hands. Always wash your hands before handling food, while you’re preparing food, after handling raw meats, eggs, poultry, seafood, and produce, and after you finish cooking. Always wash your hands after using the bathroom, touching a pet, or changing a diaper. Wash your hands using warm soapy water for at least 20 seconds. Be sure to clean under your fingernails too. For more details, please see CDC Hand Washing Tips.

2. Cook meats and eggs to a safe internal temperature. Refer to this safe food temperature chart for more information. Use a reliable food thermometer to test the final temperature of all meats, poultry, seafood, and eggs. If you don’t have a food thermometer, you can check the color meat juices and refer to other doneness tests, although those tests are not as reliable as temperature. Ground meat and poultry juices should be clear when the meat is cooked. Beef steaks and roasts should be cooked to a minimum temperature of 140 degrees F; pork to 145 degrees F, chicken and turkey to 165 degrees F, and seafood to 145 degrees F. Cook casseroles until the center reaches 165 degrees F. Ground meats, including hamburgers, should be cooked to 165 degrees F. Egg yolks should be firm and not runny. Shellfish should be firm and opaque when properly cooked.

3. Avoid cross-contamination by separating raw uncooked foods from foods that will be eaten raw. Store uncooked perishable foods and foods to be eaten raw separately. Never store raw meats on a shelf above produce such as apples or lettuce, because the meat juices may drip onto the raw produce and contaminate it. Never put cooked meats onto a platter that held the uncooked product. And be careful about keeping your

4. Refrigerate perishable foods promptly. Perishable foods should never be out of refrigeration longer than 2 hours; 1 hour if the air temperature is above 80 degrees F. And remember this includes bringing food home from the grocery store! Put raw meats, poultry, seafood, and eggs into your shopping basket just before you head to the check out line. And after shopping, go straight home. Get those perishable foods into the refrigerator or freezer as soon as possible. If you live some distance from the grocery store or farmer’s market, put a cooler filled with ice or frozen gel packs in your car and use that to hold perishable foods.

5. Clean knives, cutting boards, countertops, and the kitchen sink after preparing raw meats, poultry, seafood, and eggs. Use warm soapy water and scrub for at least 20 seconds. Sanitize your work surfaces by using a solution of 1 tablespoon of regular chlorine bleach (unscented only please) mixed with a gallon of warm water. And clean your sponges and towels too! Think about using paper towels to dry your hands and clean the kitchen instead of dish towels or sponges. While less environmentally sound, paper towels are single-use and won’t harbor bacteria like a wet dish towel or sponge can. If you do choose to use dish towels or sponges, wash them regularly with bleach. You can put sponges in the top shelf of the dishwasher after each use; that will help sterilize them.

6. Make sure that your refrigerator and freezer are set at safe temperatures. The refrigerator temperature should be between 33 degrees and 39 degrees F. Your freezer should be set at 0 degrees F or lower. Use a thermometer to make sure the temperature inside these appliances is low enough. If the power goes out, you’ll need to take special precautions to ensure that your food stays safe and wholesome.

7. Check expiration dates before consuming food. Those dates usually state the last date a shelf-stable food retains quality. But perishable products such as meats, pasteurized eggs, poultry, and seafood should always be consumed before the expiration date. At the store, buy foods with expiration dates as far into the future as you can find.

8. Use your refrigerator to marinate and thaw meats. Marinate meats in the refrigerator, never on the countertop, since bacteria grow rapidly at temperatures between 40 degrees and 140 degrees F. This will take some planning on your part so the meat is ready to cook when you’re ready to eat, as larger cuts of meat may take days to thaw in the fridge.

9. Wash produce before eating. Rinse fresh fruits and veggies under cool running water, then scrub firm produce with a clean brush. You may want to use a commercial food wash, or make your own wash. Make sure that you wash all produce, even those with rinds or thick skins that you remove before eating, such as cantaloupes and onions. When you cut into those foods, the knife can easily transfer bacteria on the peel or rind to the flesh. While you are supposed to wash your hands and work surfaces with soap and water, don’t use soap on food products. Detergents and soap aren’t approved for use on foods. Always cut off and removed damaged, cut, soft, or bruised areas of produce before eating them. Bacteria can thrive in damaged areas of produce. When you buy produce, be sure to avoid any that is damaged, soft, cut, or bruised.

10. If a perishable food is left out of refrigeration longer than two hours, cooking may not make it safe. Some bacteria produce toxins that aren’t destroyed by cooking that will make you sick even if all the bacteria are killed. And the number of bacteria in a food product can grow to massive levels after a few hours at room temperature. If a perishable food is left out longer than two hours, whether it’s cooked or raw, always throw it out.

Food Reconditioning 411

Food companies are in the business to make money. They don’t like to waste food. So when the food they produce isn’t perfect or is mislabeled, or even contaminated, they try to transform it so they can sell it. This practice is called reconditioning.

This process is legal. And in many cases, not objectionable. If a pasta company makes alphabet pasta and the letters aren’t perfectly shaped, they’re allowed to grind up the pasta and sell it as semolina flour, or use that flour to make more pasta. Agricultural products contain insect parts or dead bugs. That type of product is usually sifted after heat-treating to remove the undesirable objects, then repackaged.

But sometimes food reconditioning can be dangerous. Case in point: In November 2011, Snokist Growers treated moldy applesauce with a thermal process that they claim kills the toxin in mold. That treated applesauce was repackaged and sold to consumers.

So what’s the problem? Not all toxins produced by bacteria and toxins produced by mold (called mycotoxins) are destroyed by heat. The FDA stated that Snokist Grower’s tests for mycotoxins in the reconditioned applesauce were not adequate. The final reconditioned food must be free of contamination. And that applesauce was not.

There is no “zero tolerance” policy for food contamination or non-food particles in food, because it’s literally impossible and economically impractical to produce a completely clean product on a mass scale. The FDA has set limits for contaminants, such as 4.5 rodent hairs allowed in eight ounces of pasta, less than 15% mold in cranberry sauce, and 75 insect fragments in 50 grams of flour. If a product is at or above these limits, the product is considered “adulterated” and the FDA will take action. Most manufacturers create products with much lower levels than these limits.

Unfortunately, some companies try to mix products that have higher contamination levels with a batch of the product with much lower levels. While that may make sense mathematically, that practice is illegal. The practice of reconditioning is untracked by the FDA.

So can you protect yourself and your family and avoid reconditioned food? It’s not really possible to avoid these foods if you buy and eat canned, jarred, and other processed foods. Be sure to cook all canned foods thoroughly; bring soups, sauces, and canned vegetables to the boiling point for at least 90 seconds. Try to avoid eating processed foods, or at least minimize your intake by eating more whole foods such as fresh produce. Always discard any product that has developed mold. And inform the grocery store manager if you see mold on any product for sale in the store.

HHS Inspector General Says FDA's Approach To Food Inspection Has Major Flaws

The federal Food and Drug Administration’s approach to executing one its most important duties- safeguarding our nation’s food supply, is flawed, according to the Office the Inspector General of the U.S. Department of Health and Human Services. (HHS)

Each year, 128,000 Americans are hospitalized and 3,000 die after consuming food or beverages contaminated with dangerous pathogens such as E.coli, Salmonella and Listeria.

To ensure that our food is safe, the FDA, an agency within HHS, must conduct inspections of food facilities nationwide. To do this, it relies upon the manpower of state employees, but this approach has created a series of problems, according to a recent report by the Inspector General.

“For example, the peanut processing plant responsible for a 2009 salmonella outbreak was inspected multiple times by a state agency working on behalf of FDA. This outbreak resulted in one of the largest food recalls in U.S. history and has led to serious questions about the effectiveness of state food facility inspections,” the report states.

In addition to poorly executed inspections, lack of consistency and followthrough are also problems. In eight states, for example, the FDA: failed to ensure that the required number of inspections was completed; paid for inspections that were incomplete; and  did not ensure that all inspections were properly classified or that all inspection violations were remedied.

In some cases, FDA officials were often unclear about how to properly classify inspections conducted through contracts with states. In 11 states, FDA officials said they would not assign official action indicated (OAI) classifications to state inspections under any circumstances, contrary to FDA guidance, the report states. The OAI classification is generally assigned to cases where the most serious violations are identified.

When states do take responsibility for correcting violations, the FDA is not always notified and is therefore unable to check that inspection violations were remedied, the report states.

In 14 of 41 states with inspection contracts, the FDA also failed to complete the required number of audits. The FDA is required to conduct audits on a minimum of 7 percent of a state's contract inspections each year, the report states.

The Inspector General made the following recommendations:

1.  Ensure that all contract inspections are completed, properly documented, and appropriately paid for.

2. Ensure that contract inspections are properly classified in accordance with FDA guidance.

3. Ensure that all inspection violations are remedied by routinely tracking all actions taken to correct violations.

4  Ensure that the minimum audit rate is met in all states.

5 Address any systemic problems identified by audits.

The FDA concurred with four of the recommendations and agreed in part with the fifth.
 

3M Food Safety Develops New Rapid Detection Method For Foodborne Pathogens

The food safety division of 3M has developed a new rapid detection system for Salmonella, E. coli, Listeria monocytogenes and other foodborne pathogens.

The 3M Molecular Detection System, for use in food and beverage pathogen testing labs, combines Isothermal DNA Amplification and Bioluminescence Detection technologies to provide a faster, easier to use, and less expensive test for pathogens, according to 3M spokeswoman Mary Kokkinen..  

“In comparison to other rapid detection methods, our system improves efficiencies in the lab process by offering customers only one preparation protocol across all assays and all matrices allowing for batch processing, easier training and less chance for human error,” Kokkinen said.

The combined technology also contributes to the affordability of the system, she said. “Isothermal DNA amplification proceeds at a constant temperature, removing the need for complicated instrumentation (thermocycler).  Bioluminescence detection eliminates the need for high-cost excitation sources, fluorophores, fluorescent filters and detectors.”

The portable system, requires about as much counter space a laptop computer, has been tested on a variety of food segments, including meat, poultry, produce, dairy, seafood and processed foods. It comes with ready-to-use and pre-dispensed reagents that require no measuring, mixing or aliquoting by the customers.

“We believe this is a growing and important category for Food Safety," Kokkinen said. “Pathogens are a real threat to public health and to our customer’s businesses.”
 

 

New Program Educates Pregnant Women About Their Heightened Risk Of Foodborne Illness

/>Ohio State University and Colorado State University have developed an educational program to protect pregnant women against the dangers of Llsteria and other foodborne illness. The program, called “Healthy Baby, Healthy Me,” is available in both English and Spanish for free download

“Most pregnant women don't think of themselves as being at greater risk for foodborne illness during pregnancy. But, because they are naturally immune-suppressed, they are more at risk for foodborne illnesses than other adults,” Lydia Medeiros, a food safety specialist with Ohio State University Extension and one of the project's principal investigators said in a statement.

 Listeria monocytogenes can cause listeriosis, a serious infection that sometimes can be fatal in young children, frail or elderly people, and others with weakened immune systems. Among pregnant women, listeria infections can cause premature birth, miscarriage, stillbirth or serious health problems in newborns, according to the Centers for Disease Control and Prevention (CDC).

Pregnant women are 20 times more likely to contract listeriosis than other healthy adults. They account for about one sixth of all annual cases. The CDC estimates that 1600 people contract listeriosis every year. Of those 260 die.

Of the 146 people who were sickened by the recent cantaloupe Listeria outbreak, seven were pregnancy related. Three cases were diagnosed in newborns and four in pregnant women, one of whom miscarried.

Medeiros and Pat Kendall, Extension specialist and associate dean for research at Colorado State, have worked on the project since 2006 with $1.5 million in funding from the National Integrated Food Safety Initiative within the U.S. Department of Agriculture.

“In our research, we found that most pregnant women never made the connection between food safety and the health of the baby,” Kendall said.

Healthy Baby, Healthy Me focuses on four pathogens of special concern for pregnant women: Listeria monocytogenes, Toxoplasma gondii, Salmonella and Campylobacter. The lessons include information on the pathogens of concern, foods most associated with these pathogens, and what the women can do to reduce their risk and protect the health of their babies.

The Healthy Baby, Healthy Me curriculum is designed to be taught in a classroom or clinic setting, but the lessons and handouts are available for free download on the website. PowerPoint presentations and how-to videos are also available. 

USDA Awards $10.4 million In Food Safety Grants

The United States Department of Agriculture (USDA) has awarded $10.4 million in grants to 15 state universities to improve the safety of the nation’s food supply through research and education.

The USDA's National Institute of Food and Agriculture (NIFA) awarded the grants through its National Integrated Food Safety Initiative, which addresses a broad spectrum of food safety concerns, from on-farm production, post-harvest processing and distribution, to food selection, preparation and consumption.

The 2011 grants were awarded as follows:

  • Tuskegee University, Tuskegee, Ala., $100,000
  • University of Arizona, Tucson, Ariz., $542,969
  • Fort Valley State University, Fort Valley, Ga., $100,000
  • University of Georgia, Athens, Ga., $535,725
  • University of Massachusetts, Amherst, Mass., $424,878
  • Michigan State University, East Lansing, Mich., $542,824
  • Michigan State University, East Lansing, Mich., $543,000
  • Michigan State University, East Lansing, Mich., $1,809,934
  • North Carolina State University, Raleigh., N.C., $541,621
  • Ohio State University, Columbus, Ohio, $1,864,665
  • Oklahoma State University, Stillwater, Okla., $543,000
  • Pennsylvania State University, State College, Pa., $542,607
  • Clemson University, Clemson, S.C., $542,999
  • Tennessee State University, Nashville, Tenn., $100,000
  • University of Tennessee, Knoxville, Tenn., $542,977
  • Texas Tech University, Lubbock, Texas, $540,326
  • University of Wisconsin, Madison, Wis., $541,313
  •  

Penn State will use its $542,607 grant to work with Iowa State University in developing an updated Egg Quality Assurance Program that will reduce Salmonella Enteritidis contamination of egg shells.

Salmonella cause salmonellosis a serious, sometimes life-threatening infection. Symptoms include nausea, headache, vomiting, diarrhea and abdominal cramping. Complications include reactive arthritis and heart problems.

Subhashinie Kariyawasam, lead researcher on the project, said that Iowa State University was chosen as a research partner because the state lead’s the nation in egg production and it has recently experienced a major Salmonella outbreak, according to a story by Essential Public Radio in Pittsburgh.

 

Foodborne Illness Outbreak Sickens Dozens of Duluth Wedding Guests

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. 

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.
 

Recall Roundup: Golden Glen Butter and Front Row Grape Tomatoes

Golden Glen Butter Recall - December 3

Golden Glen Creamery of Bow, WA recalled butter produced on November 2, 2011 due to possible contamination with Listeria monocytogenes. To date, no illnesses have been reported.

21 - 4 oz. packages of Herbes de Provence Butter were available at the Whole Foods Market in Redmond, WA.  68 - 4 oz. packages of NW Mushroom Trio Butter were available at the Whole Foods Market in Redmond, WA, and at various Metropolitan Market locations in Washington.  The butter was distributed between 11/7/11 and 11/28/11 and are in circulation to date.

The butter is sold in 4 oz. plastic round containers with tamper-evident seals.  The labels read in part: “Herbes de Provence Butter”, or “Northwest Mushroom Trio Butter”, along with “GOLDEN GLEN CREAMERY”and“Natural handcrafted cheese produced by the Jensen ladies.” The top label on the products has a three-digit code “767.”  

The butters were recalled by Golden Glen Creamery, as a result of a surveillance sample collected and analyzed by the Washington State Department of Agriculture that was found to be positive for Listeria monocytogenes.  The company has ceased the production and distribution of the product as FDA, the Washington State Department of Agriculture and the company continues their investigation as to what caused the problem.

Grape Tomato Recall - November 30

Front Row Produce of St. Louis MO recalled 10oz pint and 10lb bulk grape tomatoes supplied by Rio Queen Citrus, Mission TX, due to possible contamination with Salmonella. No illnesses have been reported to date.

The recalled 10oz pint and 10lb bulk grape tomatoes were distributed throughout Missouri and Illinois to food service distributors and retail stores. The grape tomatoes were packaged for retail sale in a 10-ounce, clear plastic package marked with a Front Row Produce “Grape Tomatoes” label on the top of the package.  Currently, the lot number does not appear on the clear plastic package but it does appear on the case label.  The lot numbers on the cases containing the 10-oz. packages are 2310802, 2310405, or 2510401.   The 10lb bulk grape tomatoes are packaged for wholesale in a plain brown cardboard box labeled only with lot # 2310801.

As of 12/1/2011, all shipments of Front Row Produce Grape Tomatoes packaged in clear 10-oz. plastic packages sold in retail stores will now have a green lot number sticker placed on the bottom side of each package.  The lot number will consist of a 7-digit number used to aid in identifying specific shipments of product.  Any packages that do not contain this green sticker should be considered suspect and under recall.

The contamination was noted after random testing by Rio Queen Citrus, Mission TX, revealed the presence of Salmonella in some 20lb bulk containers.

 

Government: Public Would Benefit From Access to More Food Inspection Data

NRC Inspections ReportWhen the federal government posts information online about meat and poultry inspections or enforcement actions, the names of the processing plants involved are generally not made public, but that could change thanks to a new report from the National Research Council.

The release of such data would have substantial benefits including improved public health and increased transparency, the report concludes.

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS), which is responsible for ensuring that meat, poultry, and processed egg products are safe, wholesome, and properly labeled, collects large amounts of data on processing plants.

The information includes inspection and enforcement data and data on tests for the presence of foodborne pathogens like Salmonella, pathogenic E. coli, and Listeria monocytogenes.

Releasing such data would enable users to make more informed choices, motivatie facilities to improve their performance, and allow research studies of regulatory effectiveness and other performance-related issues, the report states.  

The study was sponsored by the U.S. Department of Agriculture.  The National Academy of Sciences, National Academy of Engineering, Institute of Medicine, and National Research Council make up the National Academies.  They are independent, nonprofit institutions that provide science, technology, and health policy advice under an 1863 congressional charter.  Panel members serve pro bono as volunteers and are chosen by the Academies for each study based on their expertise and experience and must satisfy the Academies' conflict-of-interest standards.  The resulting consensus reports undergo external peer review before completion.  

Source: http://www.nap.edu/openbook.php?record_id=13304&page=R1

Food Safety Lawyer Fred Pritzker Joins Board of STOP Foodborne Illness

Nationally recognized food safety lawyer Fred Pritzker has been elected to the Board of Directors of STOP Foodborne Illness, a national nonprofit organization dedicated to the prevention of illness and death from foodborne pathogens.

STOP Foodborne Illness, formerly S.T.O.P. Safe Tables Our Priority, is a national nonprofit health organization dedicated to preventing illness and death from foodborne pathogens by advocating for sound public policy, building public awareness and assisting those whose lives have been changed by foodborne illness.

“The tragedy of a foodborne illness is often magnified by the ease with which it could have been prevented,” said Pritzker, founder and president of PritzkerOlsen P.A., one of the nation’s leading food safety law firms. “At STOP Foodborne Illness, prevention is the focus. I’m honored to be joining them and look forward to contributing to the good work they do.”

STOP was created in 1993 by a group of people whose children and family members had been sickened or died from E. coli infections they contracted after eating at Jack in the Box restaurants.

Along with its partners in the Safe Food Coalition, STOP has become a major voice on food safety issues and a catalyst for change. In 1996, STOP was invited to help craft the nation’s first meat and poultry reforms since 1906. The organization also played a key role in crating the Food Safety Modernization Act, which President Obama signed into law in February 2011.
 

Farmers All Natural Creamery Whole Milk Recall

Almost 1,000 gallons of whole milk produced by Farmers All Natural Creamery of Wellman, Iowa, is being recalled on concerns that is was not adequately pasteurized, according to a safety alert issued by the Iowa Department of Agriculture and Land Stewardship.

The safety alert was issued October 7 after phosphatase- an indicator of inadequate pasteurization, turned up in test results conducted by the state officials. No illnesses associated with consumption of the milk have been reported.

The milk was manufactured on October 3rd with an October 22, 2011 sell by date and sold to four distributors; UNFI (Aurora, CO), UNFI (Lancaster, TX), Calma Optimal (Franklin Park, IL), and Natural brands (Wood Dale, IL). The distributors have been notified and milk is being pulled from store shelves.



The potentially tainted milk from Milk from Farmers All Natural Creamery can be identified by the plant number 19888 printed on all gallon containers. Consumers should not drink the milk, the agriculture department warns.

 

Raw Oysters Linked To Vibrio Outbreak

Hood Canal raw oysters have been linked to an outbreak of Vibrio parahaemolyticus illness, according to a Food and Drug Administration (FDA) news release.

The agency is warning consumers not to eat oysters that were harvested from “growing area 4” in Hood Canal, Washington, from August 30 to September 19, after they were linked to three confirmed and two possible cases of Vibrio parahaemolyticus illness. There have been no reports of hospitalizations or deaths resulting from consuming the oysters.

The Washington State Department of Health has closed the growing area and commercial oyster harvesters and dealers who have initiated a recall. Shipping records indicate that oysters harvested from this area were distributed to establishments in 23 states and four foreign countries. They are: Alaska, Arizona, California, Colorado, Connecticut, Florida, Hawaii, Illinois, Indiana, Maryland, Minnesota, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Virginia, Utah, and Washington, and to the countries of China, Indonesia, Taiwan, and Thailand.
Washington State authorities have notified those states involved of the recall.

Symptoms of Vibrio illness include nausea, vomiting, and diarrhea and usually begin between a few hours and five days after consumption of raw or undercooked seafood, particularly shellfish, or after ingestion of surface waters. Individuals with weakened immune systems are most at risk.


Source: http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm273315.htm 

FDA Creates New Response Network

With the Cargill ground turkey salmonella outbreak and the Rocky Ford cantaloupe listeria outbreak causing hundreds of illnesses and at least 9 deaths, the federal Food and Drug Administration (FDA) has created the Coordinated Outbreak Response and Evaluation (CORE) Network.

CORE has been created to manage outbreak response, surveillance and post-response activities related to illness outbreaks associated with human, animal or cosmetic products that the agency regulates.

CORE’s goals are to strengthen and streamline response to outbreaks and to enhance
the FDA’s efforts to prevent, detect, investigate and learn from them, the agency said in a press release. A full-time staff will provide continuity and bolster the level of expertise, the release stated. Kathleen Gensheimer, M.D., will be CORE’s chief medical officer and outbreak director.

The CORE network includes field officers, regional specialists and members of the Rapid Response Team, the Office of Crisis Management at FDA, the Center for Food Safety and Applied Nutrition and the Center for Veterinary Medicine.

“A real benefit of the network approach is enhancing communication and coordination with federal, state and local food safety agencies, as well as industry and consumers,” said Dr. Gensheimer. “Given my background at the state public health level, this is a major priority for me.”  

Source: http://www.fda.gov/Food/FoodSafety/CORENetwork/default.htm

Cooking Up Trouble

Almost 90 percent of Americans make beef, chicken or turkey burgers, but most of us don’t know how to cook them correctly, according to a new survey commissioned by the American Meat Institute and conducted by Harris Interactive.

Most people rely on sight or cooking times to determine when their burgers are done. Only 19 percent of people who cook burgers use an instant read thermometer, the only way to determine if burgers are safely cooked, according to the survey. Of adults aged 18-34, even fewer use an instant read thermometer, only 13 percent.

Cooking beef to a temperature of 160 degrees F or poultry to a temperature of 165 degrees F is the only way to kill dangerous pathogens including E. coli and Salmonella which can cause serious illness.

Symptoms of E. coli poisoning include stomach cramping, vomiting and bloody diarrhea. In severe cases, a complication called hemolytic uremic syndrome (HUS) can develop.

E coli contamination prompted McNees Meats and Wholesale LLC. of North Branch, Michigan to recall about 360 pounds of ground beef, JB Meats of Avondale, Ohio to recall more than 70,000 pounds of ground beef, this summer. And Cargill issued a 36 million pound recall of ground turkey after a Salmonella outbreak killed one person and sickened 110 others in 31 states.
 

September is Food Safety Education Month: Spotlight, the Vegetarian Diet

Fruits and vegetables are an important part of a healthy diet. But just like other foods they carry a risk of foodborne illness. Harmful bacteria that may be in the soil or water where produce grows may come in contact with the fruits and vegetables and contaminate them. Or, fresh produce may become contaminated after it is harvested, such as during preparation or storage. Eating contaminated produce (or fruit and vegetable juices made from contaminated produce) can lead to foodborne illness, which can cause serious - and sometimes fatal - infections.

This year a papaya Salmonella outbreak sickened more than a 100 people in 25 states, 15 people got E. coli poisoning after eating strawberries and 20 people from 10 states got Salmonellosis from cantaloupe.
 
Tips For Purchasing Produce

  • Purchase produce that is not bruised or damaged.
  • When selecting freshly cut produce - such as a half a watermelon or bagged mixed salad greens - choose only those items that are refrigerated or surrounded by ice.
  • Bag fresh fruits and vegetables separately from meat, poultry and seafood products when packing them to take home from the market.  

Tips For Storing Fresh Produce

  • Keep your refrigerator set at 40° F or below. Use a fridge thermometer to check! 
  • Certain perishable fresh fruits and vegetables (like strawberries, lettuce, herbs, and mushrooms) can be best maintained by storing in a clean refrigerator at a temperature of 40° F or below. If you're not sure whether an item should be refrigerated to maintain quality, ask your grocer.
  • All produce that is purchased pre-cut or peeled should be refrigerated to maintain both quality and safety.

Tips For Preparing Fresh Produce

  • When preparing any fresh produce, begin with clean hands. Wash your hands for 20 seconds with warm water and soap before and after preparation. 
  • Except for fruits and vegetables labeled “ready-to-eat” or “washed,” all produce should be thoroughly washed before eating. This includes produce grown conventionally, organically or at home. or produce that is purchased from a grocery store or farmer's markeEven if you plan to peel the produce before eating, it is still important to wash it first.
  • Always rinse produce under running tap water, including fruits and vegetables with skins and rinds that are not eaten just before eating, cutting or cooking.
  • Never use detergent or bleach to wash fresh fruits or vegetables.
  • Scrub firm produce, such as melons and cucumbers, with a clean produce brush.
  • Drying produce with a clean cloth towel or paper towel may further reduce bacteria that may be present.
  • Cut away any damaged or bruised areas on fresh fruits and vegetables before preparing and/or eating. Produce that looks rotten should be discarded.
  • If you do choose to wash a product marked “pre-washed”, and “ready-to-eat,” be sure to use safe handling practices to avoid any cross-contamination. Wash your hands for 20 seconds with warm water and soap before and after handling the product and wash the produce under running water just before preparing or eating. 

Scientists Discover Extinct Yesrsinia Strain That Caused The Black Death

An extinct strain of Yesrsinia pestis killed 30 to 50 million people from 1348 to 1351 in the pandemic known as The Black Death, an international team of researchers has discovered.

Until now, scientists have never been certain of what caused the plague which wiped out more than a third of Europe’s population in five years. Previous tests indicating the bacterium as the source were dismissed as contaminated by modern DNA. And scientists have long doubted that Yersinia, which, in its current forms, is slower to spread and less deadly than its medieval ancestor, could be a plague maker.

The team used a technique called “molecular fishing” to confirm the pathogen’s identity. “That indicates that at least this part of the genetic information has barely changed in the past 600 years,” says Johannes Krause, a member of the team.

Black Death was so called because skin covering large welts that spread across the victims’ bodies turned black. Symptoms also included acute fever and bloody vomit. Most victims died within two to seven days after infection.

More than 600 years later, Yersinia strains are milder but are still a threat to public health. This summer, a Yersinia enterocolitica outbreak associated with bottled milk and ice cream from Brunton Dairy in Pennsylvania sickened 16 people. Brunton Dairy makes home deliveries and sells milk and ice cream to retailers in Western Pennsylvania. The Pennsylvania Department of Health and the Allegheny County Health Department have issued a joint health advisory.

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. 

Sources: 1. http://www.uni-tuebingen.de/en/landingpage/newsfullview-landingpage/article/bakterium-yersinia-pestis-zweifelsfrei-als-erreger-des-schwarzen-todes-belegt.html
2. http://www.dnaindia.com/health/report_today-s-plague-pathogen-was-also-the-cause-of-black-death-600-years-ago_1582120

 

Reported Cases of HUS, Listeriosis, Hepatitis A, E. coli, Salmonellosis and Shigellosis

The CDC's Morbidity and Mortality Weekly Report (MMWR) publishes reported "notifiable" diseases every week. Below is information published in this week's MMWR on illnesses that are often foodborne that were reported during the week ending August 20, 2011:

Hemolytic uremic syndrome, postdiarrheal
6 reported cases in the United States: Missouri (1), North Carolina (1), Tennessee (2), Arkansas (1), Oregon (1).

Listeriosis
14 reported cases in the United States: New York (1), Pennsylvania (1), Ohio (2), Florida (1), Texas (1), Colorado (2), Washington (1), California (5).

Hepatitis A
13 reported cases in the United States: Pennsylvania (1),  Ohio (1), Florida (1), Maryland (3), North Carolina (1), South Carolina (2), Arizona (1), Idaho (1), Colorado (1), California (1).

Salmonellosis
773 reported cases in the United States:  Maine (2), Vermont (1), New York (66), Pennsylvania (27), Michigan (3), Ohio (31), Iowa (4), Kansas (8), Missouri (20), Nebraska (13), Deleware (3), District of Columbia (1), Florida (148), Georgia (42), Maryland (32), North Carolina (42), South Carolina (37), Virginia (27), Kentucky (2), Mississippi (9), Tennessee (32), Arkansas (25), Louisiana (2), Oklahoma (32), Texas (81), Arizona (1), Colorado (23), Idaho (1), Montana (3), New Mexico (1), California (44), Washington (9).

Shiga-toxin producing E. coli (usually E. coli O157)
74 reported cases in the United States: Maine (1), New York (12), Pennsylvania (3), Michigan (3), Ohio (10), Missouri (6), Nebraska (1), Delaware (1), Florida (9), Maryland (1), North Carolina (3), South Carolina (1), Virginia (3), Mississippi (1), Tennessee (5), Arkansas (2), Oklahoma (2), Texas (2), Colorado (4), California (1), Washington (3).

Shigellosis
148 reported cases in the United States: New York (9), Ohio (7), Kansas (1), Missouri (3), Florida (48), Georgia (2), Maryland (4), North Carolina (1), Virginia (2), Mississippi (2), Tennessee (3), Arkansas (2), Oklahoma (2), Texas (48), Arizona (1), Colorado (1), Montana (1), California (10), Oregon (1).

 Contact Attorney Fred Pritzker

Del Monte Cantaloupe Salmonella Lawsuit

The Oregon Health Authority's Public Health Division is without a doubt one of the leading public health authorities in the United States. When it comes to investigating contamination of our food supply and protecting citizens from E. coli, Salmonella, Listeria, Campylobacter, Botulism and other dangerous human pathogens that sicken one in six Americans every year, the state of Oregon is in elite company.

In a May 2010 feature story, the Oregonian newspaper called William Keene the state's “top foodborne illness detective” and credited him with saving lives for his work on outbreaks. “He's one of the food safety heroes in the U.S.,” Michael Osterholm, head of the Center for Infectious Disease Research and Policy at the University of Minnesota, said in the Oregonian story.

Now Del Monte Fresh Produce, N.A., Inc.. has filed a notice to sue the Oregon public health unit and Keene himself. The company said in a press release that its "Notice to Sue alerts the Oregon Health Authority's Public Health Division of  its conduct and misleading allegations regarding Del Monte Fresh's imported cantaloupes as the source of a Salmonella outbreak earlier this year despite the lack of sufficient factual basis.''
 
One week previously, Del Monte Fresh Produce sued the Food and Drug Administration to seek an injunction that would lift an FDA rule restricting the importation of wholesome fresh cantaloupes into the United States. The ban stemmed from the cantaloupe Salmonella outbreak that tied illnesses to melons imported by Del Monte from a Guatemalan farm and packing facility. Del Monte recalled cantaloupes in response to the outbreak. 
Oregon Public Health has never been sued before or faced the threat of litigation in the dozens of food-borne illness outbreaks it investigates every year. The agency is not commenting on the Del Monte action, but  Tony Green, spokesman for the Oregon Justice Department, told the Oregonian's Lynne Terry that the state takes its role of protecting public health seriously. 
 
“Public health’s experts work on dozens of suspected food-borne illness cases every year as a way to prevent people from getting sick,” Green said in a statement. “Investigators often help identify the source of an outbreak helping companies prevent further contamination. Oregon has one of the leading food-borne illness programs in the country.” 

Pennsylvania Yersinia Outbreak Expands

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. 

Salmonella and E. coli Can Live Inside Plant Tissue

Carefully washing produce is the best way to reduce the risk of foodborne illness, but it can’t always eliminate it. In some cases, Salmonella and E. coli can live inside plant tissues, according to a recent study by researchers at Purdue University1.

Researchers found E. coli 0157:H7 present in the tissues of mung bean sprouts and Salmonella present in peanut seedlings in plants whose seeds had been contaminated with the pathogens prior to planting, according to study results published in separate papers in the Journal of Food Protection and Food Research International.

“The pathogens were in every major tissue, including the tissue that transports nutrients in plants," said Amanda Deering, a postdoctoral researcher in food science.

Deering and Robert Pruitt, a professor of botany and plant pathology, used a fixative to freeze the location of the bacteria in the plant tissues before slicing samples, then injected antibodies labeled with fluorescent dye to detect the pathogens. "This shows us as close to what was in the plant when it was living as possible," said Deering, who was able to count hundreds of bacteria in almost every type of tissue. "The number of bacteria increased and persisted at a high level for at least 12 days, the length of the studies."

Properly washing the produce would eliminate Salmonella and E. coli from its surface, but not inner tissues, Deering and Pruitt said. However, cooking those foods at high temperatures would kill the pathogens. In a project funded by the U.S. Department of Agriculture's Agricultural Research Service, Deering and Pruitt will continue to study the pathogens to determine how they survive inside plant tissues and possible ways to eliminate them.

1. Purdue Press Release: http://www.purdue.edu/newsroom/research/2011/110815DeeringPathogens.html .

Yersinia Found in Brunton Dairy Ice Cream Sold in Pittsburgh, PA Area

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.

Legionnaires Disease Marches Through Peak Season, Cases Mount Annually

The number of legionellosis cases reported in the U.S. has increased 217 percent over the last decade, according to a recent study by the Centers for Disease Control and Prevention (CDC). Legionnaires disease, a serious, sometimes lethal pneumonia, and Pontiac fever, an illness similar to influenza are the two most common forms of legionellosis, which is caused by Legionella bacteria.

June through October is the peak season for legionellosis,  which is transmitted when microscopic water droplets containing legionella bacteria are inhaled. Most often, water sources in commercial settings are involved including the spray from showers, faucets, fountains and whirlpools, or water dispersed through a ventilation or cooling systems.

Between 2000 and 2009,  22,418 cases of legionellosis were reported, with the number of cases reported annually rising from 1,110 in 2000 to 3,522 in 2009. Almost a quarter of the reported cases were travel-related, most of which involved only domestic travel. About 5 percent of cases involved travel on a cruise ship.

 

 

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 Attorney Settles Wrongful Death Lawsuit

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.

Q Fever Meningitis from Raw Milk from a Livingston County, Michigan Farm

Three Michigan residents contracted Q fever after consuming raw milk. They each acknowledged obtaining raw milk from a Livingston County farm, where they participate in a dairy herd share program. Herd or cow share programs are where members own part of a cow and in return receive raw dairy products. These programs are not inspected or regulated under Michigan’s dairy laws, and these products are not available at retail stores.

Q fever is caused by the bacteria Coxiella burnetii. This organism is common in farm animals such as cattle, sheep and goats. Infected animals shed the organism in their urine, feces, milk and birthing fluids. Q fever causes serious illness, including:

  • Meningitis, an inflammation of the membrane surrounding your brain and spinal cord
  • Endocarditis, an inflammation of the membrane surrounding your heart
  • Pneumonia
  • Acute respiratory distress
  • Miscarriage, stillbirth, premature birth, low birth weight, intrauterine growth retardation

In this case, one of the people sickened developed Q fever meningitis and required prolonged hospitalization.

“Our experience with raw milk cases is that consumers are not informed of the inherent dangers of the product,” said Attorney Fred Pritzker. “This has got to change. If legislatures are going to legalize the sale of raw milk via herd share agreements, they need to require disclosure prior to signing the agreement.”

Dr. Dean Sienko, interim chief medical executive for MDCH, has voiced the same concern:

The public should be aware that raw milk and other unpasteurized dairy products have not been heat treated and, therefore, pose a potentially serious risk to human health. Unpasteurized milk and dairy products may contain many types of disease-causing germs, such as E. coli, Salmonella and Campylobacter.

Two of the people sickened are in Washtenaw County and one in Monroe County. All three individuals are women in their 30s or 40s.

Acute symptoms of Q fever typically develop within two-three weeks after exposure. Typical symptoms include high fevers (up to 104-105F), severe headache, joint and body aches, fatigue, chills/sweats, non-productive cough, chest pain, nausea and vomiting.

Corn, Cow Digestion and E. coli O157

Most cows in America are corn-fed. A simple statement made more complex by the variety of ways corn is processed for feed: steam flaked, dry rolled and high moisture.  An article today in Farm & Ranch Guide states the following:

It has been found in a host of studies that there is a distinct link between corn processing method and E. coli O157:H7 prevalence in a beef cattle herd. Of the methods examined, a majority of studies found that feeding steam flaked corn resulted in a greater amount of E. coli O157:H7 fecal shedding by beef cattle than when feeding dry rolled corn.

Data suggests that E. coli O157:H7, a particularly virulent and foodborne form of E. coli, colonizes and grows in the hindgut of ruminants. The hindgut is likely more hospitable for E. coli O157:H7, as suggested by Fox et al., due to its higher pH, lower volatile fatty acid production, and lack of ciliated protozoa. Thus, changes to the hindgut environment will have a greater impact on E. coli O157:H7 prevalence than changes to the rumen environment.

What does all of this have to do with the type of corn? Well a more processed corn, like steam flaked corn, will be mostly digested in the rumen. That means that the corn will alter the rumen environment, changing pH, volatile fatty acid production, and so on. A less processed corn, such as dry rolled corn, will not be as fully digested in the rumen. Thus, it will have less of an effect on ruminal pH, volatile fatty acid production, etc.

However, the dry rolled corn will proceed into the lower gastrointestinal tract where it will continue to ferment in the hindgut. This will lead to a change in pH and volatile fatty acids in the cecum and colon. These environmental changes may consequently have an effect on E. coli O157:H7 survival in the lower gastrointestinal tract. It will, in theory, become more difficult for the E. coli O157:H7 to survive and flourish, leading to a reduction of E. coli O157:H7 numbers in the tract, as well as the numbers being excreted.

As a beef cattle producer, this information can be used to reduce E. coli O157:H7. By feeding a diet with a less processed corn source (i.e. dry rolled corn, whole corn, etc.) the cattle digestive tract may be altered in a way that will make it more difficult for E. coli O157:H7 to survive in individual animals, thereby reducing overall E. coli O157:H7 prevalence in the herd.

On behalf of the people who have been sickened by beef contaminated with E. coli, we urge beef cattle producers to consider using dry rolled corn or whole corn. Eating a hamburger should never cause kidney failure, brain damage, stroke or death.

Raw Milk Possible Cause of Food Poisoning Outbreak in Racine County, Wisconsin

A celebration for fourth graders at North Cape Elementary School in Franksville, Wisconsin is associated with at least 16 cases of food poisoning. Raw milk served at the event may be the source of the illnesses. The Western Racine County Health Department has not pinpointed raw milk as the source, but the investigation is ongoing.

Raw milk is a dangerous product. Past outbreaks have been caused by raw milk contaminated with one or more of the following pathogens:

Our attorneys are representing a man who drank raw milk contaminated with Campylobacter bacteria. He developed Guillain-Barre syndrome (GBS) and is now totally paralyzed, except for minimal movement of his head and the ability to blink his eyes. He was placed on ventilation equipment and is still unable to breathe on his own.

Our attorneys are also representing several people, children and adults, who were sickened by raw milk cheese contaminated with E. coli O157 that was served at Costco stores during cheese tasting events. One of our clients developed hemolytic uremic syndrome (HUS) and almost died.

Given the dangers associated with raw milk, it should never have been served to fourth graders without their parents’ consent. Raw milk and raw milk products, for example cheese, should never be served at events where a child or anyone could consume it without knowing what it is or how dangerous it is.

Attorney Fred Pritzker can be contacted at 1-888-377-8900.

Simply Thick Infant Warning Still Stands

The maker of SimplyThick brand thickener continues to warn against the use of the product with infants born before 37 weeks gestation who are currently receiving hospital care or have been discharged from the hospital in the past 30 days.

SimplyThick LLC said in a press release dated June 4, 2011,  that the warning -- first issued on May 20 -- is still in effect regardless of whether or not the product is affected by a Simply Thick recall. Look for details of the recall below, but the nationwide safety alert and warning applies to all packages.

An active investigation was launched after two babies died and at least 13 others were sickened after consuming SimplyThick brand of thickening agent added to formula and breast milk. Babies are at risk of illness or death from SimplyThick, the Food and Drug Administration (FDA) says. Symptoms to watch for include: Bloated stomach. Greenish-tinged vomiting. Bloody stools. The illness is known as necrotizing enterocolitis (NEC), where intestinal tissue becomes inflamed and dies.

If you believe your infant has been harmed by this product, contact national child safety law firm PritzkerOlsen, P.A., at 1-888-377-8900 (Toll Free) about a Simply Thick lawsuit. Our firm is conducting its own investigation of NEC SimplyThick complaints and our attorneys will provide a free case consultation if you call or submit a contact form.

FDA Finding at SimplyThick Processing Plant

The SimplyThick product recall stems from an FDA investigation of a food processing plant located in Stone Mountain, Georgia. The agency discovered that plant operator Thermo Pac, LLC, failed to file a certain process with the agency to ensure that harmful bacteria of possible public health significance are destroyed during the manufacturing process. This failure was discovered during an FDA inspection of the Thermo Pac, LLC Stone Mountain plant conducted from May 23 through June 3, 2011.

Recall Details from SimplyThick 

SimplyThick products manufactured at two additional food processing plants are not subject to this voluntary recall. 

Products that are affected are 15 g, 30 g, 120 g and 240 g pouches. All 15 g pouches are affected. All 30 g pouches are affected. Some 120 g pouches – identified as those with a “TP” in the lot code stamped into the edge of the packet. Some 240 g pouches – identified as those with a “TP” in the lot code stamped into the edge of the packet.

SimplyThick item numbers affected: ALL 01001, 01005, 01007, 02001, 02005, and 02007. SOME 01004, 02004, 01006 and 02006 – identified as those with a “TP” in the lot code stamped into the edge of the packet. SimplyThick item numbers are included as part of the UPC barcode. The item number is the second group of 5 digits in the UPC barcode.

All products have a code embossed or stamped in the foil. The first 6 digits of that code represent a “best if used by” date in MMDDYY format. ANY date code that falls between 062610 (i.e. June 26, 2010) and 062612 (i.e. June 26, 2012) and contains the letter code “TP” in the code are affected by the recall. An example of an affected date code is: 0312125TP1. The code breakdown would be the “Best If Used By Date”, 03/12/12 – i.e. March 12, 2012 AND it contains “TP” in the code .

NEC Infant Death, Illness from SimplyThick

An active investigation and nationwide safety alert have been launched after two babies died and at least 13 others were sickened after consuming SimplyThick brand of thickening agent added to formula and breast milk.

Babies are at risk of illness or death from SimplyThick, the Food and Drug Administration (FDA) says. Symptoms to watch for include: Bloated stomach. Greenish-tinged vomiting. Bloody stools. The illness is known as necrotizing enterocolitis (NEC), where intestinal tissue becomes inflamed and dies.

Parents are urged to seek immediate medical attention for sick infants who have consumed SimplyThick. A public resource for SimplyThick NEC infant death or illness is available at 1-888-377-8900 (Toll Free), or via contact form at PritzkerOlsen, P.A. Our national food safety and child safety law firm has collected tens of millions of dollars for victims of food poisoning and infant safety hazards.

Karl Klontz, M.D., a medical officer in FDA’s Center for Food Safety and Applied Nutrition, says the severity and scope of the problem became apparent this month. The agency is aware of 15 cases of NEC, including two deaths, involving premature infants who were fed SimplyThick mixed with mothers’ breast milk or infant formula products. The mixture was fed to infants for varying amounts of time.

At least four different medical centers around the U.S. have reported the illness in infants who became sick over the past six months. The FDA says the situation is unusual because NEC most often occurs in babies while they are in the hospital early in their premature course. But some of the ill babies that FDA is aware of got sick after they had been discharged from the hospital and sent home on a feeding regimen that included SimplyThick.
 
At this time it is not known what about SimplyThick is making babies sick. 

SimplyThick Infant Deaths and Illnesses Prompt Safety Alert From FDA Officials

The FDA is actively investigating SimplyThick infant deaths and more than a dozen cases of necrotizing enterocolitis (NEC), a life-threatening intestinal disease that may have been caused by the product. Parents, caregivers and health care providers should stop giving the product to premature infants.

Two deaths in premature infants fed SimplyThick and 13 other cases came to light last week and the FDA has issued a SimplyThick safety alert to bring public attention to the threat. SimplyThick is a thickening agent for management of swallowing disorders in infants born before 37 weeks. It is typically mixed with breast milk or infant formula.

The disease NEC is characterized by inflammation and death of intestinal tissue. It has been reported recently by doctors from at least four different medical centers around the country. The two SimplyThick infant deaths were in children who were fed the product for varying amounts of time, the FDA reported.

According to FDA, the product is sold in packets of individual servings and in 64-ounce dispenser bottles. The product can be purchased from distributors and local pharmacies throughout the United States. 

Parents who have questions about a Simply Thick recall lawsuit should contact national child safety law firm PritzkerOlsen, P.A., at 1-888-377-8900 (Toll Free) or complete our online contact form and an attorney will call you in return.  Our role as child safety lawyers is to hold wrongdoers accountable for the harms and losses they cause.   We are currently conducting our own investigation of  NEC infants deaths and illnesses associated with Simply Thick. Contact our attorneys for a free case consultation.

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.

 

2011 Food Safety Leadership Awards

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

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.

Food Safety Collaboration Urged by Report

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.''

Should U.S. Follow Canada's Lead and Ban the Sale of Raw Milk?

Last week I was invited to Vancouver, British Columbia to speak to a group of Environmental Health Officers from the Fraser Health Authority. They were interested in how we select and prove foodborne illness cases (and how their work as sanitarians impacts on what we do).

As often happens in such presentations, the conversation turned to raw milk. Under Canadian law, it is apparently illegal to sell or purvey raw milk in any fashion (unlike in the US where many states allow some commercial raw milk sales). One of the officers of the Department raised an interesting question about raw milk in the context of personal freedom vs. governmental regulation of a potentially dangerous commodity. He asked me whether it is appropriate to regulate a commodity like raw milk if a consumer, knowledgeable about its risks and dangers, nevertheless chooses to drink it. In other words, treat it like “informed consent” in the context of a medical procedure: there is utility with attendant risk. If the risks are fully explained and the consumer/patient judges there to be sufficient utility to justify the risk, why should the government intrude?

So let’s assume a consumer goes to a dairy intending to purchase raw milk and is handed a form that fully and fairly sets out all the risks associated with raw milk. The consumer reads the form, signs the waiver and purchases raw milk. If s/he later gets sick, no one can complain (and no lawyer can sue on their behalf) because the consumer made an intelligent choice and is now fully responsible for the harms and losses that occurred.

Okay. But like most anti-government conceptual bullshit, the execution of the concept and the real-world implications of it are something else altogether.

So what happens, for example, when the bottle of raw milk that was “intelligently and knowingly” purchased ends up in the consumer’s refrigerator and is then poured on two bowls of corn flakes, one eaten by the 10-year-old child of the purchaser and the other by his neighbor/friend who was at the house on a sleep-over and later developed Hemolytic Uremic Syndrome and has life-long medical problems as a result(these facts are virtually the same as a real case, by the way)? Or what about another raw milk proponent who is sickened despite his knowing and intelligent waiver and then proceeds to incur over $1 Million in medical expenses (which we as a society end up paying directly or indirectly)?

Here’s my take: Until we can guarantee no innocent party will ever be harmed by raw milk and no one other than the person who chooses to drink it will have to subsidize the harm resulting from it, we should follow the wisdom of our friends north of the border and not allow anyone to buy it.

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. 

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."

Attorney Representing Family Sickened by Cryptosporidium in Ohio Swimming Pool

In the video below, personal injury attorney Ryan Osterholm discusses Cryptosporidium infections associated with swimming pools.

Cryptosporidium is a pathogen that can cause severe diarrhea and sometimes death. It can survive in water once it is introduced via a fecal contaminant. People contract Cryptosporidium from swimming in pools and ingesting infected water.

Recently, our law firm has been contacted by a family sickened by Cryptosporidium from swimming in a pool in Ohio. We have reason to believe this outbreak affected many more people than this one family.

If you are part of this Cryptosporidium outbreak, it is important that you contact your doctor to be diagnosed and treated and contact your local health department to ensure the outbreak investigation is complete.

To contact our law firm about your Cryptosporidium claim, please call 1-888-377-8900 (toll free).

Food Poisoning Traceback Race is On

Some segments of the food industry have been required since 2005 to be able to trace foods "one step forward, one step back," but not farms or restaurants. According to a story by Washington Post reporter Lindsey Layton, the new Food Safety Modernization Act requires the FDA to launch pilot projects by September, then report results to Congress and issue more specific rules by 2013. Exactly what systems will ultimately look like, how they will work and how much they will cost is unclear, but the private sector is buzzing with activity.

Paul Chang, who leads the traceability initiative at IBM, said the company is basically taking the tracking system it uses for the pharmaceutical industry and adopting it to the food business. HarvestMark, based in California, has developed a two-dimensional bar code sticker that can be placed on individual fruits and vegetables or packaging. Shoppers can scan the sticker with a smartphone or go to the HarvestMark website and enter the number from the sticker to learn the path the food has taken and other information the farmer chooses to share, such as the harvest date. You can click a button and tell the farmer what you think of the produce, if you like.

The purpose behind the new technology is to quicken FDA, USDA and CDC tracebacks of food poisoning when there are outbreaks of E. coli O157:H7, Salmonella, Listeria, Campylobacter and other human pathogens. As Layton reminds her readers, the need for better traceability became clear after a national Salmonella outbreak in spring 2008 sickened more than 1,300 people. Initially, investigators at the FDA and the CDC identified tomatoes as the culprit, and warned the public against consuming them. But more than a month later, FDA investigators correctly identified the source of the outbreak as peppers from Mexico. The delay was partly because of  poor record-keeping of the growers, distributors, wholesalers and retailers, FDA has said.

Real (Scary) Raw Milk Stores From CDC

Raw milk has become attractive to some Americans looking for food products that are natural or at least not heavily processed. But because raw milk and other unpasteurized dairy products pose a risk of severe illness, the Centers for Disease Control and Prevention (CDC) has been reaching out to educate consumers about health hazards.

The latest effort is a collection of three dramatic videos grouped together on a website called "CDC -- Real Stories of the Dangers of Raw Milk.'' One is from a California woman whose 7-year-old son fell ill. Another is from a single mom from Connecticut who was sickened after trying raw milk  because she had trouble digesting lactose. A third is about a Missouri family who tried goat's milk with horrible results.

E. coli O157:H7, Salmonella and Campylobacter are three of the pathogens that can contaminate raw milk and potentially kill those who become severely infected.  National food safety law firm PritzerOlsen, P.A., currently represents a Pennsylvania man who was paralyzed from complications of Campylobacter that he contracted from consuming contaminated raw milk. Many studies have shown that pasteurization does not significantly change the nutritional value of milk – pasteurized milk is rich in proteins, carbohydrates, and other nutrients. Heat slightly affects a few of the vitamins found in milk--  thiamine, vitamin B12, and vitamin C-- but milk is only a minor source of these vitamins.

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 Poisoning Lawsuit Panel to Feature E. coli HUS Lawyer Fred Pritzker

 E. coli HUS lawsuits and other foodborne illness litigation will be discussed by food safety lawyer Fred Pritzker and two other attorneys with expertise in lawsuits resulting from outbreaks of E. coli O157:H7 and other dangerous human pathogens.

Pritzker is founder and president of PritzkerOlsen, P.A., a leading national practitioner of foodborne illness litigation. He currently represents multiple individuals and families in lawsuits and other legal actions stemming from infections of E. coli 0157:H7, non-O157:H7 E. coli strains, Salmonella and Campylobacter jejuni. One recent E. coli 0157:H7 lawsuit filed by the firm's local counsel in Arizona is on behalf of an Arizona family sickened in the Bravo Farms cheese E. coli outbreak of late 2010. The contaminated Gouda cheese (since recalled) was sampled and sold in Costco stores in Arizona, Colorado, California, New Mexico and Arizona. PritzkerOlsen represents seven people sickened in the cheese E. coli outbreak.

Mr. Pritzker will appear January 21, 2011, at  the Northeastern University Law Journal's annual symposium: "From Seed to Stomach: Food and Farming Law." The symposium will focus on recent legal developments in the areas of food and farming law, including intellectual property and genetically-modified foods, sustainable economic farming, and food labeling and consumption. The symposium will take place on Northeastern's campus in Boston and the three-lawyer panel featuring Mr. Pritzker will be called "Inside Foodborne Illness Litigation.'' Jason Sapsin, former associate chief counsel for the U.S. Food and Drug Administration, also is scheduled to participate in the panel discussion.

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. 

Jimmy John's Sprouts Outbreak Update: Illinois and Missouri Hit Hardest

The Salmonella outbreak linked to alfalfa sprouts and certain Jimmy John's restaurants in Illinois now has 112 reported cases in 18 states and the District of Columbia as follows:

California (1), Colorado (1), Connecticut (1), District of Columbia (1), Georgia (1), Hawaii (1), Iowa (1), Illinois (59), Indiana (10), Kentucky (1), Massachusetts (2), Missouri (22), New York (1), Pennsylvania (3), South Dakota (1), Tennessee (1), Texas (1), Virginia (1), and Wisconsin (3).

Only certain Jimmy John's restaurants in Illinois have been implicated in this outbreak.

From November 1, 2010, through January 4, 2011, CDC received report of 112 cases of  Salmonella serotype I 4,[5],12:i:-. 

Among 111 persons for whom information is available, illness onset dates range from November 1 to December 24, 2010. Case-patients range in age from 1 to 75 years-old, with a median age of 28 years-old. Seventy-five patients (or 68%) are female. Among persons with available information, 24% reported being hospitalized. No deaths have been reported. Because the pulsed-field gel electrophoresis (PFGE) pattern associated with this particular Salmonella serotype commonly occurs in the United States, some of the cases identified may not be related to this outbreak.

Our law firm is representing a woman from Illinois who was hospitalized for several days with a Salmonella infection contracted after eating alfalfa sprouts on a Jimmy John's sandwich. She developed a type of reactive arthritis called Reiter's syndrome . To contact our firm about a Jimmy Johns Salmonella lawsuit, call 1-888-377-8900 (TOLL FREE) or submit our free consultation form.

Pritzker Client Lobbied for Food Safety Law

One of our clients, Randy Napier, lobbied for the Food Safety Law that was signed into law on Tuesday. He was featured in an article by Lisa Hlavinka at the Medina-Gazette. Below is an excerpt from the article:

After the death of Nellie Napier in 2009, her son, Randy Napier, made four trips to Washington to urge Congress to pass legislation to give the Food and Drug Administration more authority over the nation’s food supply and greater ability to trace contaminated food.

He was backed by Pew Charitable Trusts in his efforts.

“I would never have guessed in a million years I would have been lobbying in Washington,” he said. “It helped me deal with the loss of my mother and at the same time get something done.”

President Barack Obama signed the Food Safety and Modernization Act into law on Tuesday. It gives the FDA the power to issue mandatory recalls for the first time and calls for increasing government inspections at food-processing facilities to prevent food-borne illness.

“If this had been in effect when the peanut butter first came out, my mom would definitely still be here because it took so long to trace the contamination and the FDA did not have the authority to issue a recall,” Napier said.

Nellie Napier was one of nine people who died in the 2009 salmonella outbreak, which caused more than 700 illnesses nationwide. Results from testing of the peanut butter container served to Napier at a Medina nursing home linked Napier’s death to salmonella-contaminated products that were manufactured by now-bankrupt Peanut Corp. of America.

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.'' 

Senate Unanimously Passes Food Safety Legislation

“Tonight we unanimously passed a measure to improve on our current food safety system by giving the FDA the resources it needs to keep up with advances in food production and marketing, without unduly burdening farmers and food producers,” stated Senate Majority Leader Harry Reid (D-Nevada), after the Senate passed S.510, the Food Safety and Modernization Act last night for the second time. The Senate had passed the Act on November 30, but the bill was invalidated on technical grounds. The legislation is now expected to sail through the House and land on the President’s desk before the end of the year.

If signed into law, this legislation would:

  • Authorize the FDA to recall contaminated food products
  • Requiring food manufacturers to implement measures to prevent food contamination and require testing for foodborne pathogens
  • Provide more funding for the FDA, which would possibly hire 2000 more food inspectors
  • Require better track and trace of raw agricultural commodities
  • Require importers of food to verify that it meets U.S. safety standards

E. coli Attorney: Oregon and Washington E. coli Outbreak Possibly Associated with Sally Jackson Cheese

E. coli attorney Fred Pritzker is alerting the public to an E. coli O157:H7 outbreak in Oregon and Washington that may be associated with Sally Jackson cheese. The FDA was notified of this outbreak by State Department of Agriculture, the Washington Department of Health, and the Oregon Public Health Division.

E. coli Outbreak Prompts Recall of Sally Jackson Cheese

Sally Jackson Cheese of Oroville, Washington, recalled all cheese products, including cow, goat, and sheep, because they may be contaminated with Escherichia coli O157:H7 bacteria. E. coli O157:H7 causes a diarrheal illness, often with bloody stools. Although most healthy adults can recover completely within a week, some people can develop a form of kidney failure called hemolytic uremic syndrome (HUS). HUS is most likely to occur in young children and the elderly, but our law firm has had HUS clients in their early twenties. The condition can lead to serious kidney damage, severe hypertension, stroke, seizures, heart failure, pancreatitis and death.

Sally Jackson brand cheeses made from raw cow, goat, and sheep milk were distributed nationwide to restaurants, distributors, and retail stores. The three types of cheese are all soft raw milk cheeses in various sized pieces. The products do not have labels or codes. The cow and sheep milk cheeses are wrapped in chestnut leaves, the goat cheese is wrapped in grape leaves and all are secured with twine. The cheeses may have an outer wrapping of waxed paper.

E. coli lawyers at  PritzkerOlsen, P.A., are monitoring this Sally Jackson cheese E. coli outbreak and have established a claims center for members of the public who have been harmed. For a free case consultation, call 1-888-377-8900 (Toll Free) or complete our free consultation form. Our firm is one of the few in the country practicing extensively in the area of foodborne illness litigation and we have recovered millions of dollars for victims of food poisoning.

We currently represent E. coli HUS victims and have years of experience representing victims of food poisoning against large national retailers and food manufacturers.

Public Health Cuts Threaten Food Safety

Nearly ten years of progress to improve how the nation prevents, identifies, and contains E. coli 0157:H7 outbreaks, other disease outbreaks and bioterrorism threats faces erosion due to widespread cuts in public health spending.

That is the thrust of the "Ready or Not 2010" report released this week by the Trust for America's Health and the Robert Wood Johnson Foundation. The report notes that almost a decade of gains since 2001 is in real jeopardy due to severe budget cuts by federal, state, and local governments. "The economic recession has led to cuts in public health staffing and eroded the basic capabilities of state and local health departments, which are needed to successfully respond to crises.''

A report summary said 33 states and Washington, D.C. cut public health funding from fiscal years (FY) 2008-09 to 2009-10, with 18 of these states cutting funding for the second year in a row.  The report also notes that just eight states raised funding for two or more consecutive years.  The Center on Budget and Policy Priorities has found that states have experienced overall budgetary shortfalls of $425 billion since FY 2009.

While states are struggling, federal support for public health preparedness has been cut by 27 percent since FY 2005 (adjusted for inflation), the report said.  Local public health departments report losing 23,000 jobs - totaling 15 percent of the local public health workforce - since January 2008.

From a food safety standpoint,  we all depend on public health staffing to monitor and detect the cause of E. coli 0157:H7 outbreaks, Salmonella outbreaks, Listeria outbreaks and outbreaks caused by other dangerous human pathogens. In fact, the entire national monitoring system for detection and tracebacks relies on close communication between doctors' offices, local, state and federal agencies with the Centers for Disease Control and Prevention in Atlanta. The reporting and traceback systems must be preserved to minimize outbreaks and to hold those who distribute poisoned food accountable for their actions with food safety lawsuits.

Some key findings on the vulnerabilities in the nation's public health preparedness include:

  • Seven states cannot currently share data electronically with health care providers.
  • Ten states do not have an electronic syndromic surveillance system that can report and exchange information to rapidly detect disease outbreaks.
  • The United States has 50,000 fewer public health workers than it did 20 years ago - and one-third of current workers are eligible to retire within five years.

The report also looked at findings from a recently released report from the CDC based on activities in 2007-08 that focus on emergency operations and food outbreak identification.: 21 states were not able to rapidly identify disease-causing E.coli O157:H7 and submit the lab results in 90 percent of cases within four days.

Click here to read the entire Ready or Not 2010 report.

Food Safety Advocates Commend Senate Passage of Food Safety Modernization Act

 

Food safety advocates mark a major milestone today, after the FDA Food Safety Modernization Act (S. 510) passed by a vote of 73 to 25 in the United States Senate. Introduced in March 2009, the bill would give the Food and Drug Administration (FDA) more authority to issue recalls and step up inspections and enforcement. The House of Representatives passed its version of the bill last year.

For the attorneys at Pritzker Olsen, and the clients they represent who have been affected by foodborne outbreaks, the food safety overhaul comes not a moment too soon.  One of those clients is Randy Napier of Medina, Ohio. His mother, Nellie Napier, died in January 2009 after consuming Salmonella-tainted peanut butter produced by King Nut Companies.

“I am appalled at what I have found out since my mother’s death about how poorly food is regulated and how these companies cut corners to save money,” Mr. Napier told the New York Times today.

But he continued to emphasize the importance of today’s progress. “My first thought when I heard the news today was, ‘Finally!’” Mr. Napier said. He and other families affected by the Salmonella peanut butter outbreak that sickened approximately 700 people have continued to fight to pass this legislation. Napier himself has gone to Washington, D.C. four times to lobby for the bill with members of Safe Tables Our Priority (STOP), a nonprofit food safety advocacy organization. He has also been in contact with Senators Sherrod Brown and George Voinovich of Ohio—both of whom voted in favor of S. 510.

“It’s encouraging to see our lawmakers put the safety of American consumers before partisan politics,” Napier said. “This milestone finally puts somewhat of a closure to my mother’s death. There is a light at the end of the tunnel when it comes to food safety.”

 

Senate Passes Food Safety Bill

The Senate finally passed the food safety bill, the FDA Food Safety Modernization Act (S. 510) that was introduced in March of 2009.  If the provisions of this bill survive through the rest of the legislative process and become law, we anticipate more food recalls and fewer foodborne outbreaks involving dangerous pathogens like Campylobacter, E. coli, Listeria, Salmonella and Shigella.

The Food Safety Modernization Act amends the Federal Food, Drug, and Cosmetic Act to expand the authority of the Secretary of Health and Human Services (the Secretary) to regulate food, including:

  • Authorizing the Secretary to: (1) suspend the registration of a food facility; and (2) order a cessation of distribution, or a recall, of food
  • Requiring each food facility to evaluate hazards and implement preventive controls
  • Directing the Secretary to allocate inspection resources based on the risk profile of food facilities or food
  • Requiring the Secretary and the Secretary of Agriculture to prepare the National Agriculture and Food Defense Strategy
  • Directing the Secretary to assess and collect fees related to: (1) food facility reinspection; (2) food recalls; and (3) the voluntary qualified importer program
  • Requiring the Secretary to: (1) recognize bodies that accredit food testing laboratories; (2) identify preventive programs and practices to promote the safety and security of food; and (3) improve the capacity of the Secretary to track and trace raw agricultural commodities
  • Requiring the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems
  • Providing for: (1) foreign supplier verification activities; (2) a voluntary qualified importer program; and (3) the inspection of foreign facilities registered to import food.

Many of our clients worked hard to get this bill passed, including Randy Napier, whose mother, Nellie Napier, died after she ate peanut butter contaminated with Salmonella. Earlier this month, we filed a lawsuit on behalf of the family of Nellie Napier.

"The lawsuit is about holding an irresponsible company accountable for the food safety shortcuts it took—shortcuts that cost my mother her life,” said Randy Napier. “There are other companies responsible for other outbreaks too. We need to send a message that this can’t and won’t be tolerated any more. I don’t want to see anybody else go through what we had to go through."

With the passage of this bill, the Senate has also sent a message that companies have to take measures to keep food safe.

 

Attorney Brendan Flaherty Quoted in Cheese Market News

Our law firm is representing several people sickened in the Costco and Bravo Cheese E. coli outbreak. Brendan Flaherty, one of our attorneys, was quoted in the November 19 edition of Cheese Market News, the weekly newspaper of the nation’s cheese and dairy/deli business:

“Companies like Costco are very good because they have retail records with customer numbers that enable them to contact customers directly,” says Brendan Flaherty, an attorney with Pritzker Olsen in Minneapolis. His firm represents injured people in claims involving foodborne illness. Pritzker Olsen represents some plaintiffs in the Bravo Farms recall, including an 85-year-old Arizona woman whose condition developed into life-threatening hemolytic-uremic syndrome (HUS).

 “Because Costco is a club, if you purchased a recalled product at Costco, you’ll receive a message from the store explaining that you have a recalled product that shouldn’t be consumed,” says Flaherty. “The exception is samples, because there’s no record of who sampled a product.”

That was the case with the Bravo Farms recall. The company was participating in a Costco Road Show, in which a sampling program accompanied retail sales. After CDC identified the outbreak, FDA was able to test unopened Bravo Farms products that Costco had pulled from its shelves as well as opened packages from infected people’s refrigerators. All contained a rare strain of E. coli that was then matched to an identical strain found in environmental samples at the company’s plant.

Wrongful Death Lawsuit Filed for the Family of Peanut Butter Salmonella Victim

Nellie NapierOur law firm filed a wrongful death lawsuit yesterday on behalf of the family of Nellie Napier, who died after eating peanut butter contaminated with Salmonella. The wrongful death suit was filed in the Court of Common Pleas, Cuyahoga County, Ohio against Kanan Enterprises, Inc., doing business as King Nut Companies, an Ohio Corporation. 

In January 2009, while the late Nellie Napier was residing in a nursing home in Medina County, Ohio, she was served peanut butter produced by King Nut Companies. She contracted salmonellosis from the peanut butter and died after a protracted illness on January 26, 2009.

“This lawsuit is about holding an irresponsible company accountable for the food safety shortcuts it took—shortcuts that cost my mother her life,” said Randy Napier, Nellie Napier’s son. “There are other companies responsible for other outbreaks too. We need to send a message that this can’t and won’t be tolerated any more. I don’t want to see anybody else go through what we had to go through.”

According to the complaint, Salmonella Typhimurium was recovered from the container of peanut butter served to Ms. Napier. Testing revealed the Salmonella in the container was a genetic match to over 700 illnesses nationwide linked to Salmonella-contaminated peanut products that had been manufactured with peanuts from Peanut Corporation of America, now bankrupt.

“This company profited by selling products to nursing homes and other institutions that care for the sick and elderly, yet utterly failed to ensure the safety of its product,” said attorney Brendan Flaherty of Pritzker Olsen law firm. “The suit alleges that Kanan’s marketing to nursing homes heightened its duty to sell safe products.”

To contact attorney Brendan Flaherty or attorney Fred Pritzker, please call 1-888-377-8900 (TOLL FREE) or submit our online contact form.

 

Senator Durbin Cotinues Fight for Passage of Food Safety Bill

Yesterday, by 57 yeas to 27 nays, the Senate agreed to a motion to proceed to consideration of S. 510, the FDA Food Safety Modernization Act.

We appreciate all of the work Senator Richard Durbin of Illinois has done to get this bill passed.  Yesterday, he had this to say regarding the bill:

Madam President, I would like to say a few words on this legislation because it is something I have worked on for many years. I can't thank Senator Harkin and Senator Enzi and others enough for their hard work in bringing this issue to this moment in time. Several things have been stated during the course of the debate which I would like to address. Most of them were stated by my friend from Oklahoma, Senator Coburn. At this point he is the only Senator holding up this bill from consideration, one Senator.

At this point 89 percent of the American people support food safety reform to make our food safer and to have more inspections of imported food so our children and family members don't get sick; 89 percent support it. The bill has substantial bipartisan support. Twenty Republican and Democratic Senators are committed to this bill. Seventy-four Senators, almost three-fourths of the Senate, voted to move forward on this bill, a strong bipartisan roll call. The House passed a companion bill with the support of 54 Republicans. We know it is a bipartisan issue. This should not be a partisan fight.

Senator Coburn objected to giving the Federal Government the authority to recall a dangerous food product. Most people believe if there is a dangerous food product in stores across America, the Federal Government sends out a notice, and it is brought in. That is not the case. The Federal Government does not have the legal authority to recall any food products. All it can do is publicize that the products are dangerous and hope that grocers and retailers and manufacturers will take them off the shelves. That is it. That is the existing state of law. We give the government that authority.

Senator Coburn said it is not necessary. He claims not one company has ever refused to recall contaminated food. He is just wrong. There are many instances of companies that just flatout refuse to recall their food or delay a recall, and many people get sick and die. That is a fact.

Last year Westco Fruit and Nut Company flatout refused FDA's request to recall contaminated peanut products. A few years ago, GAO released a report entitled ``Actions Needed by FDA to Ensure Companies Carry Out Recalls'' which highlighted six other companies that flatout refused to recall contaminated food when they were told it was dangerous. Even the Bush administration realized how important this was and formally requested mandatory recall authority in the 2007 food protection plan.

Senator Coburn has his facts wrong when he claims the FDA does not need the mandatory recall authority.

Senator Coburn also claims our bill does not address the real problem in our Nation's food safety system.

Once again, he is mistaken. The National Academy of Sciences disagrees. In June, the National Academy released a report entitled ``Enhancing Food Safety, the Role of the FDA.'' The report contained seven critical recommendations for improving food safety. This is not a partisan group. Every single one of the key recommendations from that group is addressed in our bill, including increasing inspections and making them risk related, giving FDA mandatory recall authority, improving registration of food facilities, and giving the FDA the authority to ban contaminated imports. Our bill fills all of the critical gaps in the FDA's food safety authority that have been identified by the National Academy of Sciences.

For Senator Coburn to say it is unnecessary is to ignore science and fact and, I guess, the reality that if we are going to make food safer, we need to do our job better. That is why all the key consumer protection and public health groups support this bill--all of them.

He thinks this bill is not good for business. He says it hurts their profits and their productivity. He is just wrong. The number and diversity of the industry and business groups that support the bill speaks for itself. Listen to the groups that support the food safety bill and tell me they are acting against their best business interests: the Grocery Manufacturers Association, the U.S. Chamber of Commerce, the American Beverage Association, the American Frozen Food Institute, the Food Marketing Institute, the International Dairy Foods Association, National Restaurant Association, Snack Food Association, National Coffee Association, National Milk Producers Federation, National Confectioners Association, Organic Trade Association, the American Feed Industry Association.

If Senator Coburn is right, every one of these associations' leadership should be removed tomorrow because, under his analysis, they have decided to support a bill that hurts their business. They know better. Safe food is good business. Think about what it costs these companies when they have to recall a product, when it damages their reputation and all the things they will go through to try to clean up their act.

Senator Coburn says there are 10 or 20 deaths per year caused by foodborne illness. The Senator is just wrong. He uses this number to support his assertion that there are not enough victims to justify a bill. Here are the facts. According to the Center for Disease Control, there are not 10 or 20 deaths per year, there are 5,000 deaths in America every single year caused by foodborne illness--5,000. Senator Reid can tell some stories about his State which was hit particularly hard by food illness.

Moreover, every year 76 million Americans contract a foodborne illness; 325,000 are hospitalized. A few weeks ago I told you about one of the victims, a young man named Richard Chatfield from Owasso, OK. At age 15, he was on a camping trip and was diagnosed with E. coli. For 8 years, he suffered pain, migraine headaches, dry heaves, and high blood pressure, and after going on dialysis, kidney failure. When we were last debating this bill, Richard was lying in the hospital and his mother Christine had rushed to be by his side. That hospital turned out to be the scene of Richard's death.

On Monday, October 18, while we were still holding up the food safety bill, Richard Chatfield died from foodborne illness. The complications from an E. coli infection he got 8 years ago proved to be too much for him.

When I hear Senator Coburn on the Senate floor saying there are not enough people dying for us to go to work here, he is just plain wrong. Richard Chatfield of his State is dramatic evidence of that fact.

As we stand here today, one Senator is blocking a bill to protect millions of Americans. Moms and dads across America making dinner tonight, if they happen to have missed the channel they were looking for and ended up on C-SPAN and are following this debate, we are talking about an issue that goes right into their refrigerator and stove and kitchen as to whether the food they are putting on the table is safe for their kids. One Senator from Oklahoma says it is not a big enough problem. It is. It is a problem that is a life-and-death issue.

As attorneys who represent people sickened by foodborne outbreaks, we know how important it is to get this legislation passed.

Yesterday, we filed a wrongful death lawsuit on behalf of the family of Nellie Napier.

In January 2009, while the late Nellie Napier was residing in a nursing home in Medina County, Ohio, she was served peanut butter produced by King Nut Companies. She contracted salmonellosis from the peanut butter and died after a protracted illness on January 26, 2009.

In a press release, Randy Napier, Nellie Napier's son, had this to say:

This lawsuit is about holding an irresponsible company accountable for the food safety shortcuts it took—shortcuts that cost my mother her life. There are other companies responsible for other outbreaks too. We need to send a message that this can’t and won’t be tolerated any more. I don’t want to see anybody else go through what we had to go through.

This legislation is about preventing death and serious illness from food. Get it passed.

 

Food Safety Bill Moves Forward in the Senate

The Senate has voted to end a filibuster of S. 510, the FDA Food Safety Modernization Act, that was introduced in March of 2009 in response to a number of national foodborne outbreaks, including the Salmonella outbreak linked to peanut products. That outbreak sickened over 700 people and killed 9. Our law firm is representing three of the families who lost loved ones in that outbreak and several of the victims who survived.

Debate on the bill may start tomorrow, barring any political sparring. We urge readers to contact their U.S. Senators and ask them to support the bill.

Here is a summary of the bill found on THOMAS, legislative information from the Library of Congress:

Amends the Federal Food, Drug, and Cosmetic Act to expand the authority of the Secretary of Health and Human Services (the Secretary) to regulate food, including by authorizing the Secretary to: (1) suspend the registration of a food facility; and (2) order a cessation of distribution, or a recall, of food.

Requires each food facility to evaluate hazards and implement preventive controls.

Directs the Secretary to allocate inspection resources based on the risk profile of food facilities or food.

Requires the Secretary and the Secretary of Agriculture to prepare the National Agriculture and Food Defense Strategy.

Directs the Secretary to assess and collect fees related to: (1) food facility reinspection; (2) food recalls; and (3) the voluntary qualified importer program.

Requires the Secretary to: (1) recognize bodies that accredit food testing laboratories; (2) identify preventive programs and practices to promote the safety and security of food; and (3) improve the capacity of the Secretary to track and trace raw agricultural commodities.

Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems.

Provides for: (1) foreign supplier verification activities; (2) a voluntary qualified importer program; and (3) the inspection of foreign facilities registered to import food.

 

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.

Klement Sausage Beef Sticks Recall

Klement Sausage Company, Inc., of Milwaukee, has recalled 2,740 pounds of beef stick products after a retail chain reported consumer complaints about finding hard plastic and/or pieces of glass in the product.

The Klement beef sticks recall was published by USDA's Food Safety and Inspection Service. It urges anyone concerned about an injury from consumption of this product to contact a physician.

The recalled beef sticks are in 8-ounce packages of  "Market Pantry Beef Sticks, Original.'' Each package is vacuum packaged and has a "Use By" date of March 1, 2012. The packages bear the establishment number "2426B" inside the USDA mark of inspection and indicate "Refrigerate After Opening" on the label. The beef sticks were shipped to distribution centers and retail stores nationwide.

Know Your Farmer, Know Your Food: USDA and Farmers Markets

Know Your Farmer, Know Your Food, a USDA initiative launched in August 2009, was designed to help people understand where their food comes from and encourage and create new economic opportunities. The USDA and the Know Your Farmer, Know Your Food  have held training meetings and webinars, providing valuable information pertinent to small farm economics.

At the time the venture was announced, Secretary of Agriculture Tom Vilsack commented,

An American people that is more engaged with their food supply will create new income opportunities for American agriculture.  Reconnecting consumers and institutions with local producers will stimulate economies in rural communities, improve access to healthy, nutritious food for our families, and decrease the amount of resources to transport our food." 

The USDA is working to encourage growth of small and mid-sized farms and ranches through a guaranteed loan and grant program. They also provide access for agricultural training and legal, financial and marketing educational resources. Some of these resources are available on their website, as is a list of locations of farmers markets across the United States.

The USDA recently released a video to further promote local and regional food sources. According to USDA statistics, the number of farmers markets tripled between 1994 and 2010, from 1,755 to 6,132. Tom Vilsack was encouraged with this growth and said,

"Seeing such continued strong growth in the number of U.S. farmers markets indicates that regional food systems can provide great economic, social and health benefits to communities across the country. Farmers markets provide fresh, local products to communities across the country while offering economic opportunities for many producers of all sizes." 

Remember that just because food is grown locally and sold at farmers markets, does not mean it is safe to eat. You still need to be vigilant and follow good food safety practices in preparing, serving and storing food. Check out the free farmers markets food safety pdf.

PritzkerOlsen, P.A. is a leading law firm practicing nationally in foodborne illness litigation. We have collected millions for our clients. Our firm is actively involved in efforts to reduce and eliminate human pathogens from our food supply.

FDA Food Safety Modernization Act (S. 510)

Below is a summary of the FDA Food Safety Modernization Act (S. 510) a bill that the Senate has been sitting on for 13 months while over 500 million eggs have been recalled, thousands of pounds of other foods have been recall and at least 1,850 people have reported being sickened by food.  The key provision in this bill, Section 207, gives federal health officials the authority to recall food that is adulterated with a foodborne pathogen.

Expanded Authority to Inspect Records: (Sec. 101) Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the authority of the Secretary of Health and Human Services (HHS) to inspect records related to food, including to: (1) allow the inspection of records of food that the Secretary reasonably believes is likely to be affected in a similar manner as an adulterated food; and (2) require that each person (excluding farms and restaurants) who manufactures, processes, packs, distributes, receives, holds, or imports an article of food permit inspection of his or her records if the Secretary believes that there is a reasonable probability that the use of or exposure to such food will cause serious adverse health consequences or death.

Authority to Suspend Registration of a Food Facility: (Sec. 102) Authorizes the Secretary to suspend the registration of a food facility if the food manufactured, processed, packed, or held by a facility has a reasonable probability of causing serious adverse health consequences or death to humans or animals.

Preventive Controls Requirements: (Sec. 103) Requires each owner, operator, or agent in charge of a food facility to: (1) evaluate the hazards that could affect food; (2) identify and implement preventive controls; (3) monitor the performance of those controls; and (4) maintain records of such monitoring. Deems facilities required to comply with certain food-specific standards to be in compliance with this section. Requires the Secretary to promulgate regulations to establish science-based minimum standards for conducting a hazard analysis, documenting hazards, implementing preventive controls, and documenting such implementation. This section also prohibits the operation of a facility that manufactures, processes, packs, or holds food for sale in the United States if the owner, operator, or agent in charge of such facility is not in compliance with this section.

Establishment of Minimum Standards of Safety: (Sec. 105) Sets forth provisions related to produce safety, including to require the Secretary to: (1) establish science-based minimum standards for the safe production and harvesting of those types of fruits and vegetables that are raw agricultural commodities to minimize the risk of serious adverse health consequences or death; and (2) publish updated good agricultural practices and guidance for the safe production and harvesting of specific types of fresh produce.

Regulations to Prevent Intentional Adulteration of Food: (Sec. 106) Requires the Secretary to promulgate regulations to protect against the intentional adulteration of food.

Regulations for Sanitary Transportation of Food: (Sec. 111) Requires the HHS Secretary to promulgate regulations on sanitary transportation practices for the transportation of food.

Inspection of Facilities and Imported Food: (Sec. 201) Requires the Secretary to: (1) allocate resources to inspect facilities and articles of food imported into the United States based on their risk profiles; (2) increase the frequency of inspection of all facilities; and (3) report to the appropriate congressional committees annually on food facility and food import inspections.

Accredited Laboratories and Mandatory Testing: (Sec. 202) Requires the Secretary to: (1) recognize bodies that accredit laboratories with a demonstrated capability to conduct analytical testing of food products; (2) establish a publicly available registry of accreditation bodies; (3) develop model standards that an accreditation body shall require laboratories to meet; and (4) periodically reevaluate accreditation bodies and revoke recognition of any not in compliance with this section. This section also sets forth requirements for mandatory testing, including that: (1) testing be conducted by federal laboratories or accredited nonfederal laboratories; and (2) results of such testing be sent directly to the Food and Drug Administration (FDA). Requires the Secretary to review results from any sampling and testing that lead to a state or locality issuing a food recall to evaluate the need for a national recall or other compliance and enforcement activities.

Tracking and Tracing of Produce: (Sec. 204) Requires the HHS Secretary to: (1) improve tracking and tracing of fruits and vegetables that are raw agricultural commodities in the event of a foodborne illness outbreak; and (2) establish standards for the type of information, format, and timeframe for persons to submit records to aid the Secretary in such tracking and tracing.

Tracking and Tracing of Processed Food: (Sec. 205) Requires the Secretary to establish a pilot project to explore and evaluate methods for rapidly and effectively tracking and tracing processed food so that the Secretary may quickly identify the source of an outbreak involving such a processed food and the recipients of the contaminated food.

Recall Authority: (Sec. 207) Authorizes the Secretary to: (1) provide a responsible party with an opportunity to cease distribution and recall an adulterated or misbranded article of food if the use of or exposure to such article will cause serious adverse health consequences or death to humans or animals; (2) order a responsible party to immediately cease distribution and provide notice to relevant persons if the responsible party does not voluntarily cease distribution of or recall such article of food; and (3) order a recall if the Secretary determines that removal of the article from commerce is necessary, but only after providing an opportunity for a hearing.

Improving the Safety of Imported Food - (Sec. 301) Requires U.S. importers to perform risk-based foreign supplier verification activities to verify that imported food is produced in compliance with applicable requirements related to hazard analysis and standards for produce safety and is not adulterated or misbranded. Requires the Secretary to issue guidance to assist U.S. importers in developing foreign supplier verification programs.

(Sec. 302) Requires the Secretary to: (1) establish a program to provide for the expedited review and importation of food offered for importation by U.S. importers who have voluntarily agreed to participate in such program; and (2) issue a guidance document related to participation and compliance with such program.

(Sec. 303) Requires imported food that fails to meet requirements for a certification or other assurance that the food meets applicable FFDCA requirements to be refused admission.

Authorizes the Secretary to require, as a condition of granting admission to an article of food into the United States, that an entity provide a certification or other assurances that the article of food complies with applicable FFDCA requirements.

(Sec. 304) Directs the Secretary to require, prior to importation of an article of food, notice of any country to which such article has been refused entry.

(Sec. 305) Requires the Secretary to determine whether a country can provide reasonable assurances that the food supply of the country meets or exceeds the safety of food manufactured, processed, packed, or held in the United States.

(Sec. 306) Directs the Secretary to develop a comprehensive plan to expand the technical, scientific, and regulatory capacity of foreign governments and food industries from which foods are exported to the United States.

(Sec. 307) Authorizes the Secretary to enter into arrangements and agreements with foreign governments to facilitate the inspection of registered foreign facilities. Requires the Secretary to direct resources to inspections of foreign facilities, supplies, and food types to help ensure the safety and security of the U.S. food supply.

Requires food to be refused admission into the United States if permission to inspect the food facility is denied by the facility owner, operator, or agent or the foreign country.

(Sec. 308) Sets forth provisions governing the establishment of a system to recognize bodies that accredit third-party auditors and audit agents to certify that eligible entities meet applicable FFDCA requirements for importation of food into the United States.

(Sec. 309) Requires the Secretary to establish offices of the Food and Drug Administration (FDA) in foreign countries to provide assistance to the appropriate governmental entities with respect to measures to provide for the safety of articles of food and other products regulated by the FDA that are exported by such countries to the United States.

(Sec. 310) Requires the Secretary to: (1) develop and implement a strategy to better identify sand prevent entry into the United States of smuggled food; and (2) notify the DHS Secretary not later than ten days after identifying a smuggled food that would cause serious adverse health consequences or death to humans or animals. Requires a press release to warn consumers and vendors about a potential threat from smuggled food if certain requirements are met.

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.

USDA Promotes Mobile Slaughter Units Through Meetings and Webinars

As part of USDA's "Know Your Farmer, Know Your Food" initiative, the Food Safety and Inspection Service (FSIS) hosted a red meat mobile slaughter unit information session on September 9, at the University of Nevada Cooperative Extension offices, in Carson City. The goals were to educate farmers, ranchers and processors on how to effectively and efficiently operate mobile slaughter units that meet USDA food safety requirements. 

This information session will educate small producers and processors on establishing mobile slaughter units and how to ensure the safety of the products so that they can receive the USDA federal mark of inspection," said FSIS Administrator Al Almanza.

Mobile slaughter units can travel from site to site or be taken to a conveniently located host farm for local ranchers and farmers. These units provide cost-effective, self-contained slaughter facilities. Just having access to slaughter services is huge to some of these small producers.

FSIS-inspected mobile slaughter units can help producers meet consumer demand for locally grown and specialty products. They may also help small producers expand their businesses, increase profits, provide local jobs and create and keep revenue in local communities.

Many studies have shown that locally grown foods have fewer food safety issues. The recent Salmonella egg recall has made the public more aware of the importance of food safety at every level. These mobile units feed the "eat local" food movement and provide another step toward safer foods.

PritzkerOlsen, P.A.  is a leading national practitioner in foodborne illness litigation with years of experience representing victims food poisoning. We have collected millions for our clients and as a law firm we are actively involved in efforts to reduce and eliminate human pathogens from our food supply.

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.

Egg Recall Investigation Finds Chicken Manure Piled High

Egg RecallThe August inspection report of Quality Egg LLC (doing business as Wright County Egg) provides a clue to how over 500 million eggs could have to be recalled due to possible contamination with Salmonella Enteritidis.  Manure was 8 feet high in one area, and a door was "blocked with excessive amounts of manure."  Feel like eating an omelet?

Below is part of the investigation report (click here for full report):

You [Quality Egg LLC, d.b.a. Wright County Egg] failed to take steps to ensure there is no introduction or transfer of SE [Salmonella Enteritidis] into or among poultry houses. This was evidenced by the following observations:

Specifically,

a) There was only one entry doorway to access egg laying areas located at every other house. Entrances for houses on Layer I and Layer 2 were located on even numbered houses. Entrances for houses on Layer 3 and Layer 4 were located on odd numbered houses. For example, at Layer 3 and Layer 4—House 1 had a doorway and this same doorway had to be used to gain entrance to House 2.

b) Employees working within the houses did not wear or change protective clothing when moving from house to house. An employee at Layer 6 -House 3 was observed walking out of House 3 with a metal scraper and into House 2 without changing protective clothing and without cleaning/sanitizing equipment between the houses.

c) Un-caged birds (chickens having escaped) were observed in the egg laying operation in contact with the egg laying birds at Layer 3—Houses 9 and 16. The uncaged birds were using the manure, which was approximately 8 feet high, to access the egg laying area.

d) Layer 3 – House 11, the house entrance door to access both House 11 and 12 was blocked with excessive amounts of manure in the manure pits.  

 

Unsanitary Conditions at Wright County Egg Should Not Go over Easy

by Fred Pritzker

I represent victims of food poisoning. I represent them in cases involving Salmonella, E. coli, Listeria, Shigella and other nasty pathogens. 

The cases that bother me most are those in which food processors put profit over safety and needlessly endanger the health and safety of American consumers.  I know these cases first hand. My firm represented the families of more people killed in the Peanut Corporation of America (PCA) Salmonella outbreak than any other law firm in the United States.

peanutsYou remember PCA. The company sold peanut products to food producers that used the peanut paste to make thousands of snack products. The company was shut down and forced into bankruptcy after hundreds of people were sickened and several died as a result of Salmonella poisoning from the company’s peanuts.

As part of our thorough investigation, I traveled to the Blakely, Georgia PCA plant implicated in the outbreak and personally inspected it. What I found was appalling: filthy equipment, vermin and gaps in walls and the ceiling that allowed in any number of rodents, insects and other disease carrying animals. My observations mirrored those made by the United States Food and Drug Administration (FDA), the report of which may be viewed at http://www.fda.gov/downloads/AboutFDA/CentersOffices/ORA/ORAElectronicReadingRoom/UCM109843.pdf.

eggsThere is now another Salmonella outbreak. It involves half a billion eggs from two large producers in Iowa, Quality Egg LLC (Wright County Egg), Galt, IA and Hillandale Farms, New Hampton, IA. Shockingly, these plants were never inspected by the FDA until after this recent outbreak.

It’s a pity they were not previously inspected. Here are some of the observations made by federal inspectors at Wright County Egg during their August inspections during the outbreak:

  • Live frogs living in egg laying house
  • Wild birds flying through egg laying houses
  • Pigeons roosting in air vents
  • Gaps and holes in building foundations large enough to admit vermin
  • Evidence of rodent burrows located along baseboards
  • “Dark liquid which appeared to be manure was observed seeping through the concrete foundation to the outside of the laying houses…”
  • Employees not wearing or changing protective clothing when moving between laying houses
  • Laying house entrance doors “blocked with excessive amounts of manure in the manure pits
  • Live mice observed inside the egg laying houses

The complete report may be viewed at: http://www.fda.gov/downloads/AboutFDA/CentersOffices/ORA/ORAElectronicReadingRoom/UCM224399.pdf

These disgusting findings come on the heels of other reports about the practices of Wright County Egg and its operator. According to a recent article in the New York Times: “The company behind the recall, Wright County Egg, of Galt, Iowa, is owned by Jack DeCoster, who has had run-ins with regulators over poor or unsafe working conditions, environmental violations, the harassment of workers and the hiring of illegal immigrants.”

We just sued Wright County Egg and Hillandale Farms on behalf of one of the recent Salmonella outbreak victims. Here is the link to those court papersContact me for more information about the egg lawsuit.

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Egg Lawsuit and Egg Recall Update

Egg recall information from the U.S. Food and Drug Administration (FDA) is now searchable by brand name and other data, making a powerful consumer guide to 88 different egg brands involved in the recalls by Wright County Egg and Hillandale Farms, both of Iowa.

Click here for the searchable egg recall list  that covers more than half a billion eggs.

According to the Centers for Disease Control and Prevention, approximately 1,470 reported illnesses were likely to be associated with this outbreak between May 1 to August 25. More are expected as investigation and testing continues in more than 20 states.

Smoking gun evidence was uncovered by FDA, linking the outbreak strain of Salmonella Enteritidis to the Iowa egg producers. Of 600 samples taken, six so far have come back with the same identical Salmonella strain that is making people sick.. One of those samples came from the feed mill at Wright County Egg and the feed was provided to young hens. The hens were distributed to all premises at both companies.

"These findings indicate that Wright County Egg and Hillandale Farms of Iowa are the likely sources of the contaminated shell eggs,'' CDC has stated.

Law firm PritzkerOlsen, P.A. is preparing an egg lawsuit on behalf of a woman who is confirmed by health authorities as a victim of this outbreak. Salmonella egg recall lawyers at the firm are in contact with other victims and the firm is continuing to accept cases. Free consultations are available at 1-888-377-8900 (Toll Free) or by completing the contact form on the side of this Web page. 

Many of the cases in this outbreak have been in people who attended catered social events or who ate at restaurants where clusters of illnesses were found.  A person infected with the Salmonella Enteritidis bacterium usually has fever, abdominal cramps, and diarrhea beginning 12 to 72 hours after consuming a contaminated food or beverage. The illness usually lasts 4 to 7 days, and most persons recover without antibiotic treatment. However, the diarrhea can be severe, and the person may be ill enough to require hospitalization. 

No deaths have been reported in this outbreak, but Salmonella infections can be life-threatening in young children, older adults and people who have weakened immune systems.
 
Newspapers and television have raised questions about pollution, animal cruelty, worker injustices and other problems at Wright County Egg and other operations owned by the DeCoster family. FDA Commissioner Margaret Hamburg bluntly has said the DeCoster farms were not following "standards of practice that we consider responsible."
 
A detailed egg recall and egg outbreak report is expected soon from the FDA.

Mamey Smoothie Typhoid Fever Risk

If you think you can't contract typhoid fever in the United States, ask one of the nine people who contracted typhoid fever after consuming a mamey smoothie with a little Salmonella Typhi thrown in at juice bars in California and Nevada.  

Mamey Smoothie Typhoid Fever Outbreak Facts

mamey smoothie lawsuitOur law firm is investigating a tyhpoid fever outbreak in the United States linked to mamey pulp (free consultation about a mamey pulp lawsuit). The U.S. Food and Drug Administration (FDA) has warned consumers not to eat frozen mamey fruit pulp sold under the La Nuestra brand by Montalvan Sales Inc. Ontario, Calif., or the Goya brand by Goya Foods Inc. Secaucus, N.J. The CDC reports that at least nine people in California (5) and Nevada (4) are ill with typhoid fever, caused by Salmonella Typhi. Ill individuals have reported consuming products, including mamey fruit smoothies, made with La Nuestra or Goya brand frozen mamey fruit pulp. 

An investigation by the CDC and health officials in California and Nevada showed an epidemiologic link between an ongoing outbreak of Salmonella Typhi and frozen mamey fruit pulp sold under the La Nuestra brand by Montalvan Sales Inc. Ontario, California, and under the Goya brand by Goya Foods Inc. Secaucus, New Jersey.  This evidence can be used to sue Goya Foods or Montalvan Sales for payment of medical bills and compensation for lost income, emotional distress and pain and suffering. 

People with typhoid fever have reported consuming mamey fruit pulp, including mamey fruit smoothies at juice stands.This means that the owners of the fruit stands may also be sued.

What is Typhoid Fever and How Can You Get It from a Mamey Smoothie? 

Typhoid Fever is a serious bacterial infection that can be treated with antibiotics. There are approximately 400 cases in the United States annually, 70 percent of which are acquired while traveling internationally. Infection occurs when a patient eats or drinks food or beverages handled by a person who is “shedding” the Salmonella Typhi bacterium in his stool, or if sewage is contaminated with the bacterium and the water is used for drinking or washing food.  The investigation into how the Salmonella Typhi got into the frozen mamey juice is continuing.  Because both companies involved got their mamey pulp from the same supplier in Guatemala, the contamination most likely happened there.

Typhoid fever can last up to three or four weeks. Symptoms occur within three days and up to three months after consuming contaminated food or water and include a sustained fever as high as 103 F to 104 F as well as stomach pains, a headache, anorexia, a slow heart rate, malaise, constipation or diarrhea, or a non-productive cough. People are the only host for the Salmonella Typhi bacterium, which is carried in the bloodstream and intestinal tract. Ten percent of untreated patients can remain infectious for as many as three months after the onset of symptoms, and 2 to 5 percent of these patients can become permanent carriers.

If you or a family member has been diagnosed with typhoid fever, our Salmonella lawyers are available for a free consultation.

Egg Recall Requires Look into Company's Past Food Safety Problems

by Fred Pritzker

Here we go again - another foodborne illness recall – this time involving hundreds of millions of eggs that may be contaminated with Salmonella. According to the CDC, nearly 2,000 people have been sickened so far and the number is inevitably going to rise.

The company, Wright County Egg based in Galt, Iowa, and its owner, Jack DeCoster, are no strangers to food safety and environmental problems. News accounts indicate the company has been fined for insanitary conditions, hiring illegal workers, and – just this year – DeCoster pleaded guilty to numerous counts of animal cruelty. He has also been sued for sexual harassment, according to the news report. A more detailed account of this sorry history may be found at http://abcnews.go.com/m/screen?id=11440513.

I’ve been a food safety lawyer for many years. My firm is involved in just about every major foodborne illness outbreak in the United States. Thus, I’ve litigated cases against big and small operators, those that care about food safety, those that don’t give a damn and everything in between.

There has to be a special place in hell, however, for companies (and their owners) that habitually put profits over people and blithely violate safety laws resulting in human suffering and death.

DeCoster, if the news accounts are true and the outbreak is definitively traced back to his company, joins a rogue’s gallery of pernicious operators that endanger the public.

Every industry and profession (including lawyers, I might add) has a small number of rotten eggs (sorry, it was just too hard to pass up) that habitually violate the rules. Fortunately, in most other businesses, these violators don’t have the ability to sicken and kill large numbers of innocent people. Not so for food processors. And that’s why laws have to be enacted that allow easier criminal prosecution of companies and their owners that willfully and/or repeatedly harm consumers. That’s also why laws have to be enacted to strip companies of their right to do business when it becomes clear their products are unsafe.

This is not such a radical idea. Any professional who commits a serious crime or repeatedly violates professional standards has his/her license revoked. Without a license, a professional cannot work and the public is no longer at risk. Why do food processors have the “right” to repeatedly violate the law and put the health and safety of the public at risk?

Wright County Egg Lawsuit: Salmonella enteritidis Food Poisoning Outbreak

The following was released August 13, 2010:

Wright County Egg of Galt, Iowa is voluntarily recalling specific Julian dates of shell eggs produced by their farms because they have the potential to be contaminated with Salmonella. Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea, nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections, endocarditis or arthritis.

Wright County Egg Lawsuit

To determine who is part of a Salmonella enteritidis outbreak and the source of an outbreak, health officials use both microbiology and epidemiology. Both types of evidence can be used in a Salmonella lawsuit against the parties responsible for the contamination of the food product and the sale and distribution of the contaminated product.

The microbiology is a series of tests on samples of Salmonella taken from suspected food and the stools of people sickened.

Initial tests determine if the bacteria is Salmonella enteritidis. If testing confirms that you have Salmonella enteritidis, the law in your state requires that your doctor or the hospital has to report the test findings to the state health department. The state health department will usually do further testing (or send the sample to the Unites States Centers for Disease Control and Prevention - CDC) to confirm if the genetic fingerprint of your sample matches the genetic fingerprint of the salmonella strains from other people associated with this outbreak.

The epidemiology used involves primarily interviews with people who have been sickened and their families. Health officials get information about where the sick person has been, what he or she ate and other questions that will give direction as to a source of the outbreak.

Determining Victims of an Salmonella Outbreak

A series of events occurs between the time someone is infected and when public health officials determine that the patient is part of an outbreak. So, there will be a delay between the start of illness and confirmation that a patient is part of an outbreak.

Steps to confirmation that a person is part of an outbreak:

  • Laboratory Salmonella diagnosis from a stool sample and genetic testing
  • Diagnosis based on Salmonella symptoms

For  Salmonella enteritidis lawsuit purposes, it is valuable to have a state health department and/or the CDC determine that a person with a Salmonella infection is part of a foodborne outbreak.  This can be used as evidence in court that:

  • The person with the Salmonella infection was a victim of the foodborne outbreak
  • The restaurant, food processor and/or other party linked to the outbreak is liable for the victim’s damages

Victims of Salmonella outbreaks should consult an experienced Salmonella lawsuit lawyer regarding an Salmonella lawsuit's strength and the amount of damages that should be sought.

Salmonella Lawyer

If you have been diagnosed with Salmonella enteritidis and are or may be a victim of a foodborne outbreak, contact a Salmonella lawyer at PritzkerOlsen, P.A. for a free consultation regarding your legal rights and remedies.  You may be entitled to compensation for medical expenses, lost income, pain and suffering, emotional distress and other damages. Call 1-888-377-8900.

Salmonella lawsuit lawyer Fred Pritzker has over 30 years of experience and has established a national reputation for excellence in the area of food poisoning litigation.  He has recovered millions for victims of food poisoning.


 

 

 

Salmonella Egg Recall Issued by Wright County Egg

Salmonella Egg Recall

Wright County Egg, Galt, Iowa, is voluntarily recalling 228,000,000 shell eggs because they have the potential to be contaminated with Salmonella enteritidis. Salmonella bacterium can cause serious, life-threatening infections in small children, elderly people and anyone with a weakened immune system. Salmonella poisoning symptoms include fever, diarrhea, nausea, vomiting and abdominal pain. If serious cases go untreated, Salmonella infection can result in the organism getting into the bloodstream. Once in the blood stream it can produce illnesses such as arterial infections, endocarditis or arthritis.

Wright County Eggs were distributed to retailers in California, Illinois, Missouri, Colorado, Nebraska, Minnesota, Wisconsin and Iowa. These retailers distribute nationwide, so check the eggs in your refrigerator for the follwing brands: Lucerne, Albertson, Mountain Dairy, Ralph’s, Boomsma’s, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Lund, Dutch Farms and Kemps. Look for codes starting with P and with Julian dates ranging from 136 to 225, with plant numbers 1026, 1413 and 1946 (e.g. P-1026 140). This recall is of shell eggs only.

If you have any of these eggs in your refrigerator, do not eat them. You may return them to the store where purchased for a refund.

There have been confirmed Salmonella enteritidis illnesses relating to the shell eggs in California, Nevada, Colorado and Minnesota. Traceback investigations are still being conducted.

Wright County Egg is fully cooperating with FDA’s investigation and they are diverting existing inventory of shell eggs to a breaker, where they will be pasteurized to kill any Salmonella bacteria present.

Salmonella Egg Recall Lawyer

If you have been sickened with Salmonella enteritidis, you need legal representation to obtain the best settlement to cover your medical expenses, lost wages and pain and suffering.

PritzkerOlsen, P.A. is a leading foodborne illness litigation firm. We have helped thousands of clients recover millions in needed and deserved compensation. Call 1-888-377-8900 (toll-free) or submit the contact form on this page. The consultation is free. Call today.


 

Salmonella enteritidis Sickens Hundreds in California

Salmonella enteritidis, an egg-associated bacterium, can be undetectable by sight or smell. The Salmonella enteritidis can be present in ordinary-looking eggs. If contaminated eggs are eaten raw, or even undercooked, the bacterium can cause illness.
 

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California Hamburger E. coli Outbreak and Valley Meat Hamburger Recall

A California hamburger E. coli outbreak and recall has been announced by USDA today; starting with a 1 million-pound recall of Valley Meat hamburger that may be contaminated with E. coli O157:H7, a potentially deadly human pathogen.

Valley Meat Company of Modesto, California, produced about 1 million pounds of frozen hamburger patties and bulk hamburger meat  from October 2, 2009, to January 12, 2010, that may be contaminated with E. coli O157:H7. The potentially tainted hamburger was sold to retailers and restaurant suppliers in California, Arizona, Texas and Oregon.

Seven E. coli O157:H7 laboratory-confirmed infections -- all sharing the same genetic fingerprint -- have been reported by the California Department of Public Health.

Law firm Pritzker Olsen, which represents victims in practically every major outbreak of foodborne illness, strongly urges consumers in California, Arizona, Texas and Oregon to check their freezers for the recalled hamburger meat.  Click here to see the complete FSIS Valley Meat E. coli recall list. 

 Consumers should look for any frozen hamburger marked with the USDA establishment number EST 8268 inside the USDA mark of inspection. That means it was produced by Valley Meats in Modesto.

E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible.

In 5 to 15 percent of cases, individuals develop hemolytic uremic syndrome (HUS) or thrombotic thrombocytopenic purpura (TTP) -- related conditions that are life threatening due to kidney, brain, nervous system and heart damage that can result from the release of powerful toxins from E. coli.

If you or a loved one has symptoms of E. coli infection, including bloody diarrhea and painful stomach cramps, see your physician immediately and request that a stool culture be taken.

For answers to legal questions about this California hamburger E. coli outbreak, call Pritzker Olsen at 1-888-377-8900 (Toll Free) or complete the contact form on the side of this Web page. Our firm is a leading national practitioner of foodborne illness litigation and we have won millions for our clients.

Our lawyers have won many hamburger E. coli lawsuits against large manufacturers, restaurants and other purveyors of contaminated meat. We also advocate strongly and actively for stronger food safety laws nationally and at the state level to keep potentially deadly pathogens like E. coli O157:H7 out of hamburger and the rest of the food supply.

Salmonella Hartford Outbreak Sickens 75

salmonella hartford outbreakUpdate to information below: This Salmonella Hartford outbreak has been associated with Taco Bell restaurants, according to health officials.

A multistate Salmonella outbreak is being investigated by public health officials, the Centers for Disease Control and Prevention (CDC) announced. The outbreak involves two strains of the pathogen: Salmonella Hartford and Salmonella Baildon.

Although no restaurant or food service establishment has been named in connection with the outbreak, the CDC points to a Mexican-style food chain as a possible common link between the illnesses. According to the CDC, "In each study, analysis indicates that eating at a Mexican-style fast food restaurant chain, ... is associated with some illnesses."

Salmonella Hartford Outbreak

So far, the CDC is reporting that 75 people from 15 states have become ill with a matching strain of Salmonella Hartford since early April. The cases are distributed geographically as follows: CO (1), GA (1), IL (5), IN (11), KY (23), MA (2), MI (3), MT (1), NC (1), NH (1), NY (1), OH (19), PA (1), SC (1) and WI (4). Patients range in age from 1 to 80 years old and 15 hospitalizations have so far been reported.

No particular food item was cited as a potential source of the outbreak, but, according to the CDC, "Ill persons (60 %) were significantly more likely than well persons (21%) to report eating at Restaurant Chain A in the week before illness." Outbreak victims reported eating at 13 different locations of this restaurant chain in the week before their illness and four locations were identified in connection with more than one ill person.

Minnesota Food Poisoning Lawyer Revisits Summertime Food Safety

Minnesota food poisoning lawyer Fred Pritzker is reminding families that the prevalence of foodborne illness increases during the summer months due to a number of factors that can be minimized with "food safe" handling techniques.
 
Be aware that infections of E. coli, Salmonella, Campylobacter, Shigella and other human pathogens are not to be taken lightly. Watch for signs and symptoms of these diseases and seek immediate medical care if symptoms are severe. For answers to legal questions about food poisoning, contact Pritzker Olsen at 1-888-377-8900 (Toll Free) or complete the contact form on the side of this Web page.
 
What follows is an edited version of the Minnesota Department of Health's summer food safety checklist: 
  • Wash your hands often, especially before handling food and after using the restroom.
  • Use hot, soapy water and scrub well. It's the friction that cleans your hands! When you're eating away from home, be sure to pack disposable washcloths and paper towels for cleaning hands and surfaces.
  • Remember to separate your foods and wrap raw meats securely. Always wash the plates or cutting boards that held the raw meat before using it again for cooked food.
  • When you're packing the cooler, wrap raw meats securely to avoid their juices coming in contact with ready-to-eat foods. Cross-contamination is a prime cause of illness.
  • Wash your fruits and vegetables the right way by  first soaking them in a clean container in cold water for several minutes. Use a brush to scrub the surface if necessary. Then place the food in a colander and rinse thoroughly under running water. Blot them dry with a paper towel.
  • Cooking meat and poultry kills harmful bacteria so always cook your meats to proper temperatures. Color of meat is not an indicator of safety. Use a meat thermometer to be sure. Cook hamburger to at least 160°F and cook chicken and turkey to 180°F.
  • Keep cold foods cold and hot foods hot. Keep your refrigerator temperature below 41°F. When serving foods don't leave them out more than 2 hours. Cool leftovers as soon as possible and reheat them to 165°F.

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.''

Food Safety at Pro Stadiums Questioned by ESPN Report

An ESPN review of stadium food at all 107 North American arenas for major league baseball, football, hockey and basketball found a high number of serious health violations.

The sports network's check of 2009 food safety records 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 make someone sick, or, in extreme cases, become fatal.''

One of the worst venues for reported trouble was Tropicana Field in Florida -- home of the Tampa Bay Rays baseball team. ESPN reported that every one of the stadium's 47 food and drink outlets inspected incurred a critical violation within the previous year. Violations included food residue in a cooler, toxic chemicals stored too close to food preparation areas, "slime" in the ice machines and thermometers not readily visible to measure the temperature of hot foods.

Other venues with low marks for food safety were stadiums that house the Miami Heat, Miami Dolphins and the Washington Wizards and Capitals.

Among the best were venues for: the Anaheim Ducks, Toronto Raptors and Maple Leafs, Montreal Canadiens, New England Patriots and New York Islanders.

Among the more startling reports:

  • Green Bay Packers' Lambeau Field: Two locations were cited after an employee "did not wash hands after blowing nose or eating food prior to handling customer food or ice."
  •  Phoenix Suns' US Airways Center: Dozens of flies and a live roach in a dish room.
  •  Denver Broncos' Mile High Stadium: Fruit flies in whiskey bottles at three bars.
  •  Miami Dolphins' Sun Life Stadium: Employee reported small insects and other debris blended into frozen alcoholic drinks.

Iowa Farmers Market Illness Investigation

An outbreak of food poisoning that may be related to a freshly prepared fruit and vegetable product  is under investigation at a farmers' market in east-central Iowa.

The Iowa Department of Public Health (IDPH) is handling the probe but not telling the public the location of the farmers' market. In a press release, the agency said it is currently investigating more than 10 illnesses that may be related to a freshly prepared fruit and vegetable product.

The health agency did not specify the product.

The notice came with a warning: "It's important to remember that any freshly prepared fruit and vegetable product that is not properly refrigerated can be a potential health risk because they can allow bacteria to grow.''

Iowans should be especially aware of food safety at farmers markets, the agency said. Namely, be aware that any freshly prepared product, such as hummus, salsa, cut fruit salad, and guacamole can be a potential health risk if not handled correctly.

IDPH offered these tips to consumers at farmers' markets:

  • Only buy products from vendors who keep freshly prepared fruit and vegetable products cold, either in refrigerator units or on ice.
  • Once purchased, keep freshly prepared fruit and vegetable products cold. If you plan to spend a lot of time at the market, bring a cooler or ice pack for storage.
  • When you arrive home, place these products immediately in the refrigerator and eat within days.
  • Any freshly prepared fruit or vegetable product that is not properly refrigerated should not be eaten, and should be discarded.

Clostridium perfringens in Central Louisiana Hospital Blamed for Food Poisoning Outbreak

Three people are dead in Louisiana from food poisoning known as  clostridium perfringens -- a bacterium that state health officials say is to blame for an outbreak at Central Louisiana State Hospital at Pineville.

Dr. David Holcombe, medical director for Region 6 of the Louisiana Department of Health and Hospitals' Office of Public Health, told TheTownTalk.com that an epidemiological study implicated chicken salad as the agent.

The Central food poisoning outbreak killed three and sickened 40 at the state hospital starting on the morning of May 7. Patients and staff were affected.  Central Louisiana state hospital provides acute, intermediate, and long-term mental health care, treatment and rehabilitative services to adolescents and adults.

Like most outbreaks of food poisoning, the clostridium perfringens at the Pineville hospital could have been prevented. Holcombe said C. perfringens is a naturally occurring organism that can spread to unsafe levels with improper food storage and handling.

The online newspaper reported that more information is being sought about the three Pineville patients who died. Pending autopsy and toxicology reports will help determine what, if any, other factors caused their illnesses to be fatal.

A Central State Hospital lawsuit is likely to be filed on behalf of victims, including the three C. perfringens death victims. National food safety law firm Pritzker Olsen has been monitoring the investigation and is accepting cases from this outbreak.
 
To contact the firm for a free consultation, call 1-888-377-8900 (Toll Free) or complete the contact form on the side of this Web page. Our firm is a national leader in foodborne illness litigation and we are involved as an advocate for victims in practically every major outbreak of food poisoning. 
 
C. perfringens often is found in beef and poultry that has been boiled, stewed or roasted or meats used in sauces, gravies, pies, salads, casseroles and dressings. The bacteria form spores that spread through the food and can be hard to kill via cooking. 
 
Holcombe said the incident prompted a food safety review with staff at the Central Louisiana State Hospital kitchen.

Salmonella Newport Outbreak Linked to Alfalfa Sprouts

A multistate Salmonella serotype Newport outbreak is being investigated in connection with raw alfalfa sprouts, according to the Centers for Disease Control and Prevention (CDC). The CDC is conducting the investigation in conjunction with the Food and Drug Administration (FDA).

The outbreak has so far sickened 28 people with matching strains of this type of Salmonella infection in 10 different states. Victims range in age from younger than one year old to 75 years old and 32 is the median age. Cases are distributed throughout the ten states as follows: AZ (2), CA (14), CO (1), ID (3), IL (1), MO (1), NM (1), NV (2), OR (1), and WI (2)

According to the CDC announcement:

"Interviews of case-patients found that most reported eating raw alfalfa sprouts before becoming ill. Some case-patients reported eating sprouts at restaurants; others purchased sprouts at grocery stores. The initial investigation traced the implicated raw alfalfa sprouts to a single sprout processor in California. Investigations are currently ongoing at the sprout processor."

Because of Salmonella contamination concerns, a raw alfalfa sprouts recall was announced by Caldwell Fresh Foods on May 21. The recalled sprouts were sold under several brand names and were sold at 400 Walmart stores in 15 states.They were also sold at Trader Joe's

 

Safe Consumption of Sprouts: Avoid Food Poisoning

 

Health officials advise that children, pregnant women, people with weak immune systems and the elderly NOT CONSUME raw sprouts, as they can be a particular risky source of bacteria due to the warm, moist environments in which they are grown. This includes other types of sprouts in addition to alfalfa sprouts, such as mung bean sprouts, clover sprouts and radish sprouts. Cooking the sprouts makes them safer to eat because it can kill potentially harmful bacteria such as Salmonella.

Consumers can also protect themselves by requesting that raw sprouts NOT be added to dishes in restaurants or delis.

Minnesota Child with HUS Associated with Consumption of Raw Milk

A Minnesota toddler has been hospitalized with hemolytic uremic syndrome (HUS) after consuming raw milk, according to the Star Tribune.

The Minnesota HUS case is part of an outbreak of E. coli O157:H7 infections. Three of the four E. coli cases are linked to unpasteurized milk produced at the Hartmann Dairy Farm in Gibbon, Minnesota, also known as M.O.M.s, or Minnesota Organic Milk.

Hemolytic uremic syndrome is characterized by damage and destruction of the red blood cells, which leads to a lower than normal number of red blood cells (a condition called anemia), blood clots, and damage to blood vessel walls. Complications of HUS are severe and can include the following:

  • Hemolytic anemia and associated blood complications
  • Abnormal kidney function
  • HUS Kidney failure (renal failure) that may require a kidney transplant (renal transplant) - illness accompanying kidney failure is called uremia (develops when urea and other waste products are retained in the blood)
  • Gall stones - probably caused by rapid hemolysis, breaking open of red blood cells and the release of hemoglobin
  • Elevated pancreatic enzyme levels that could lead to insulin-dependent diabetes mellitus and or HUS pancreatitis
  • Central Nervous System (CNS) disturbances such as irritablilty, behavior changes, disorientation, delerium, hallucinations, dizziness and tremors
  • HUS Seizures
  • HUS Coma
  • HUS Stroke
  • HUS Encephalopathy
  • Respiratory disease syndrome
  • Convulsions
  • Heart problems, including heart attack (myocardial infarction), cardio myopathy, cardiogenic shock, congestive heart failure (HUS heart attack and heart failure)
  • Cortical blindness, caused by damage to the visual area in the brain's occipital cortex
  • HUS Thrombocytopenia (platelet deficiency in the blood)
  • Death

Many people who suffer this devastating illness have life-long and very severe medical problems that show up long after the acute phase of the illness is over. This is one reason why it is important to contact an HUS lawyer to discuss your legal rights.

As in this case, many HUS victims are children. Their parents suffer along with them. The fear and uncertainty of loving a child with chronic medical problems is a constant stressor that intrudes on the parents and siblings of a child with HUS.

A recent medical journal article supports the notion that the impact of HUS is not limited to the disease survivor. The paper, Emotional and Behavioral Changes in Parents of Children Affected by Hemolytic-Uremic Syndrome Associated With Verocytotoxin-Producing Escherichia Coli: A Qualitative Analysis, concludes:

This [data] demonstrated that intense emotional distress was commonplace at the 1-year follow-up, demonstrating that emotional strain is present long after the acute phase of the child’s illness. The finding that fear of unknown long-term repercussions, relapse, and reinfection were still causing distress and rumination 1 year later suggests that dealing with an infected child is chronic stressor…

On a personal note, my wife and I are the parents of 25 year-old young man with a genetic disorder characterized by physical and cognitive challenges. Loving a child with medical issues is one of the most challenging problems faced by parents. It affects virtually every family decision and not a day goes by without its consequences reverberating throughout the home.

Are parents compensated for this emotional stress? The answer is two-fold: it depends on the law of the state in which the illness occurred and, sadly, not enough.

Many states only allow recovery for the diseased individual. Some allow recovery, but only in cases in which the parent was in the “zone of danger” (meaning they were at risk for injury as well). Fewer still recognize the obvious harm and loss that parents suffer when their children face a life of medical problems related to E. coli O157:H7-induced Hemolytic Uremic Syndrome. It’s never right when common sense and the medical literature recognizes a problem for which the law offers little or no remedy.

For a free consultation with an attorney, please call 1-888-377-8900 (TOLL FREE) or submit our online free consultation form.

Utah Campylobacter Outbreak May Be Associated With Water

The Utah County Health Department (UCHD) continues its epidemiological investigation of an outbreak of Campylobacter in the Saratoga Springs area. To date, of the reported cases of Campylobacter in this outbreak, 17 are confirmed and 333 are probable.

Attorney Elliot Olsen has recently settled a case were water sickened a young childContact Mr. Olsen for more information.

Caldwell Foods Salmonella Alfalfa Sprouts Outbreak

A Salmonella outbreak associated with Caldwell Fresh Foods alfalfa sprouts has so far sickened 20 in 10 states and hospitalized four, the Food and Drug Administration (FDA) announced.

Caldwell Fresh Foods has recalled the following products, which include two other brand names:

  • Caldwell Fresh Foods - 4-ounce plastic cups and one pound plastic bags, and 2-pound and 5 pound plastic bags in cardboard boxes with sticker affixed with the printed words Caldwell Fresh Foods.
  • Nature's Choice - 4-ounce plastic cups
  • California Exotics brands - 5-ounce plastic clamshell containers
  • SOLD AT: Various delis and retailers nationwide. In California, locations include: Kings Super Market, Numero Uno Stores, Cárdenas Markets, Trader Joe's Stores, Gonzalez Northgate Markets, Wal-Mart stores Jons Markets, and Canton Foods

 

Sprouts Contaminated with Salmonella

 

Sprouted seeds, typically from plants like alfalfa or mung beans, are grown in moist, warm environments where harmful pathogens like Salmonella and E. coli can thrive. In fact, Salmonella outbreaks in the past have been associated with sprouts.

The risk of contamination for sprouts can be so high, in fact, that according to the U. S. Department of Agriculture (USDA):

"The FDA currently advises all consumers to cook sprouts before eating them. And it recommends that the young, the elderly, and those with compromised immune systems should not eat sprouts."

The food safety lawyers at Pritzker Olsen law firm have represented victims of Salmonella food poisoning from many types of foods, including peanut butter and pepper. Anyone who suspects they may be sick with salmonella food poisoning should see a doctor immediately and be tested for the pathogen.

Wisconsin Governor Sours on Raw Milk

Food safety advocates scored a victory today when Wisconsin Governor Jim Doyle vetoed legislation that would have permitted sales of raw milk on state dairy farms.

Doyle was under pressure from advocates of unpasteurized milk who protested loudly about  liberty and choice. But public health professionals in every corner of the state lobbied for continued prohibition against public sale of raw dairy products because disease-causing bacteria is inherent without pasteurization as a kill-step.

Joining the medical lobby was Wisconsin's $26 billion dairy industry, which feared image problems from inevitable raw milk outbreaks of Salmonella, E. coli O157:H7, Campylobacter and Listeria.

Food safety law firm Pritzker Olsen was on the winning side of the debate, arguing in editorials that the state's obligation is to prevent food poisoning whenever possible, saving lives. If Governor Doyle had signed the raw milk bill, he would have gone against the scientific advice of his own state health department, the Centers for Disease Control and Prevention and the Food and Drug Administration.

Besides protecting the state's consumers, Doyle set an example for other states besieged by activists who push legalization of raw milk based on junk science and free-choice rhetoric.

Lettuce Food Poisoning Outbreak Linked to Freshway Foods CDC Update

An 18-year-old woman with E. coli HUS (hemolytic uremic syndrome) has retained Attorney Fred Pritzker to represent her as she seeks compensation from Freshway Foods of Sidney, Oklahoma. Our client, a student at Daemen College in Amherst, New York, is one of 23 people who have confirmed cases of E. coli O145 linked to Freshway Foods romaine lettuce.

Two students in Wappinger Falls, New York (a 15-year-old and a 17-year-old) have also contracted E. coli HUS in the Freshway Foods lettuce food poisoning outbreak.  The students ate romaine lettuce that had been supplied to the school district by Freshway Foods.

HUS is a life-threatening complication of an E. coli O145 infection that can cause kidney failure, stroke, heart attack, seizures, coma, pancreatitis and other serious health problems.  For a free consultation with attorney Fred Pritzker, please call 1-888-377-8900 (TOLL FREE) or submit our free consultation form.

The latest information from the CDC is as follows:

The number of ill persons identified in each state with this strain is: MI (10 confirmed and 3 probable), NY (4 confirmed and 3 probable), OH (8 confirmed and 1 probable), and TN (1 confirmed).

Among the confirmed and probable cases with reported dates available, illnesses began between April 10, 2010 and April 26, 2010. Infected individuals range in age from 13 years old to 31 years old and the median age is 19 years. Sixty-six percent of patients are male.

Among the 30 patients with available information, 12 (40%) were hospitalized. Three patients have developed a type of kidney failure known as hemolytic-uremic syndrome, or HUS. No deaths have been reported.

Multiple lines of evidence have implicated shredded romaine lettuce from one processing facility as a source of infection in this outbreak. This evidence includes the identification of the outbreak strain of E. coli O145 from an unopened package of shredded romaine lettuce obtained at an institution that received product from the processing facility linked to the outbreak. A case-control study in Michigan found a significant association between illness and consumption of romaine lettuce processed at the same facility that processed lettuce consumed by ill persons in New York, Ohio and Tennessee.

The lettuce processing company (Freshway Foods) has issued a recall of lettuce produced at their facility as a result of the evidence obtained to date.  An additional recall was issued by a separate company that received lettuce from the same farm as the processing company linked to the outbreak.


Listeriosis Outbreak in Texas Kills Two

A listeriosis outbreak in Texas has sickened seven people. Two of them died. Listeriosis is an infection caused by Listeria monocytogenes, a foodborne bacteria. Analysis of Listeria isolates collected from those sickened found that the isolates were genetically identical, suggesting that the same food source is responsible for the illnesses and deaths.

The seven people who contracted listeriosis are from Bexar County (5), Travis County (1) and Hidalgo County (1). 

According to the San Antonio Metropolitan Health District, the victims of this listeriosis outbreak were fragile, elderly people ranging in ages 66 to 93. It is likely that several others were also infected with Listeria but did not get sick or only had flu-like symptoms.

Illnesses were reported from January through May 6 of this year.

The food source of the Listeria bacteria is being investigated. Below are recent Listeria recalls and public health alerts (none of these products have been implicated in this outbreak):

  • Casa Italia Prosciutto Public Health Alert – May 11, 2010 – Canadian ready-to-eat deli products produced by Zadi Foods Ltd., CFIA Establishment 665, located in Brampton, Ontario and distributed nationwide: Casa Italia Gastronomia Prosciutto, Casa Italia Gastronomia Prosciutto Boneless, Casa Italia Gastronomia Prosciutto Mattonella, Casa Italia Prosciutto Boneless, Casa Italia Prosciutto Boneless Sliced, Casa Italia Prosciutto Ham Sliced and Emma Dry Prosciutto. All lots and production dates for the above-listed products were subject to the public health alert.
  • Manouri Cheese Recall – May 6, 2010 - Mt. Vikos, Inc., Marshfield, MA 02050 recalled all size packages and all lot numbers of Mt. Vikos Brand Manouri – Sheep & Goat’s Milk. The cheese is distributed in clear plastic packaging for the retail market in 4oz portions with the Mt. Vikos Manouri label. In addition the cheese is distributed in approximately 1 Kilogram logs in clear plastic packaging with the Mt. Vikos Manouri label. Recalled products include 1) retail portions of Mt. Vikos Manouri – Sheep & Goat’s Milk Cheese, Net Wt. 4 oz, UPC# 6-65291-00201-2, all Best Before dates and 2) food service portions of Mt. Vikos Manouri – Sheep & Goat’s Milk Cheese, Random Wt. logs (approximately 1 Kilogram) – all Best By dates.  Mt. Vikos Manouri cheese was distributed nationwide to customers for the retail and food service markets.
  • Parker Farm Recall of Various Products - January 15, 2010 - Parkers Farm, Inc. of Coon Rapids, Minnesota expanded the previously announced recall of products to include all date codes. The recalled products were distributed nationwide in the following retail stores: Hy-Vee, Cub, Rainbow, Byerlys, Lunds, Target, Whole Foods, Jewel, Dominicks, Marsh, Price Chopper, Shop Rite, Nash Finch, Sams Club, Costco, Safeway, Kroger, Wal-Mart, Aldi. The following recalled products were sold under the Parker Farm or Parkers label:
    ~~~12 ounce & 16 ounce peanut butter in square plastic containers (tub with snap on lid), regular and organic varieties are creamy, crunchy, honey creamy and honey crunchy with sell by dates on or before 12/31/2010.
    ~~~34 ounce peanut butter in round plastic containers (tub with snap on lid), varieties are creamy and crunchy with sell by dates on or before 09/30/2010.
    ~~~7 ounce bagel spreads in white plastic containers (tub with snap on lid), varieties are garden veggie, wild berry, strawberry, apple cinnamon and honey walnut with sell by dates on or before 06/30/2010.
    ~~~12 ounce & 14 ounce dips & spreads in square plastic containers (tub with snap on lid), varities are jalapeno nacho, pimento and salsa con queso with sell by dates on or before 09/30/2010.
    ~~~8 ounce, 12 ounce and 16 ounce cold pack cheese in round or square plastic containers (tub with snap on lid), varieties are sharp cheddar, bacon, onion, smoked cheddar, Swiss almond, horseradish, garlic, port wine, and swiss & cheddar with sell by dates on or before 12/31/2010.
    ~~~16 ounce salsa in square plastic containers (tub with snap on lid), varieties are hot, mild, garlic, black bean and fire roasted with sell by dates on or before 04/30/2010.
    ~~~32 ounce salsa in plastic jugs (clear jug with screw cap), varieites are hot, mild, garlic, and black bean with sell by dates on or before 04/30/2010.
    ~~~128 ounce salsa in plastic jugs (clear jug with screw cap), varieites are hot, fire roasted, mild and garlic with sell by dates on or before 04/30/2010.
    ~~~8 ounce, 9 ounce, 10 ounce Balls & Logs (in film overwrap), varieties are sharp cheddar, port wine, smokey bacon, ranch, garlic, jalapeno, pimento, spinach, jajik, beer and chorizo with sell by dates on or before 01/05/2011.
    ~~~5#, 5.5#, 10#, 30# Parker Farm cold pack cheese (white tub with snap on lid), varieties are sharp cheddar, onion, bacon, smoked cheddar, swiss almond, horseradish, garlic, port wine, and swiss & cheddar with sell by dates on or before 09/30/2010.
    ~~~16 ounce Happy Farms cold pack cheese in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine and swiss almond with sell by dates on or before 12/31/2010.
    ~~~8 ounce Kroger cold pack cheese in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine and swiss almond with sell by dates on or before 12/31/2010.
    ~~~8 ounce Central Markets cold pack cheese in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine, swiss almond, horseradish with sell by dates on or before 12/31/2010.
    ~~~14 ounce Central Markets salsa con queso in round plastic containers (tub with snap on lid) with sell by dates on or before 09/30/2010.
    ~~~16 ounce Central Markets salsa in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine, swiss almond, horseradish with sell by dates on or before 04/30/2010.
    ~~~8 ounce Dutch Farms cold pack cheese in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine, swiss almond, horseradish, and swiss & cheddar with sell by dates on or before 12/31/2010.
     ~~~7 ounce Dutch Farms cream cheese spreads in round plastic containers (tub with snap on lid), varieties are strawberry, wild berry, honey walnut & apple cinnamon with sell by dates on or before 06/30/2010.
    ~~~8 ounce Crystal Farms cold pack cheese in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine, swiss almond, bacon and jalapeno cheddar with sell by dates on or before 12/31/2010.
    ~~~8 ounce Heluva Good cold pack cheese in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine and horseradish cheddar with sell by dates on or before 12/31/2010.
    ~~~8 ounce Amish Classic cold pack cheese in round plastic containers (tub with snap on lid), varieites are sharp cheddar, port wine, swiss almond, horseradish with sell by dates on or before 12/31/2010.
    ~~~10 ounce Amish Classic cheese balls & logs (in film overwrap), varieties are cheddar, port wine, ranch, smokey bacon, beef n onion with sell by dates on or before 01/05/2011.
    ~~~128 ounce San Pablo salsa in plastic jugs (clear jug with screw cap), varieites are fire roasted and mild with sell by dates on or before 04/30/2010.
    ~~~12 ounce Century Resources cold pack cheese food (tub with snap on lid), varieties are sharp cheddar, horserdish, bacon with a sell by date of xxx9 (the first 3 digits aren’t important, but the last digit must be a 9).
    ~~~12 ounce Century Resources pimento spread (tub with snap on lid) with a sell by date of xxx9 (the first 3 digits aren’t important, but the last digit must be a 9.
    ~~~8 ounce and 12/12 ounce Century Resources cheese ball & log (in film overwrap) sharp cheddar with a sell by date of xxx9 (the first 3 digits aren’t important, but the last digit must be a 9).
    ~~~12 ounce Century Resources salsa con queso (tub with snap on lid) with a sell by date of xxx9 (the first 3 digits aren’t important, but the last digit must be a 9).
    ~~~4#, 5.5# Block & Barrel cold pack cheese (white tub with snap on lid), varieties are sharp cheddar, swiss almond, horseradish, port wine and pimiento spread with packed on dates on or before 12/30/2009.
    ~~~30# Block & Barrel sharp cheddar cold pack cheese (white pail with snap on lid) with packed on dates on or before 12/30/2009.
    ~~~5# Cobblestone cold pack cheese (white tub with snap on lid), varieties are sharp cheddar, port wine, swiss almond, horseradish with sell by dates on or before 06/30/2010.
    ~~~30# Cobblestone sharp cheddar cold pack cheese (white pail with snap on lid) with sell by dates on or before 06/30/2010.
    ~~~5# Biery label cold pack cheese (white tub with snap on lid), varieties are sharp cheddar and port wine with sell by dates on or before 09/30/2010.
    ~~~~~~5# Dierks Waukesha cold pack cheese (white tub with snap on lid), varieties are sharp cheddar, port wine, horseradish, swiss almond with sell by dates on or before 09/30/2010.

E coli HUS Sickens Two Students in Wappingers Falls

Three people have contracted E. coli HUS after eating lettuce supplied by Freshway Foods of Sidney, Oklahoma. Our law firm is representing one of the HUS victims, a student at a student at Daemen College in Amherst, New York.

The other two E. coli HUS victims are students at Wappinger Falls—a 15-year-old and a 17-year-old.  The students ate romaine lettuce that had been supplied to the school district by Freshway Foods.

Other Wappingers Falls students were also sickened in this Freshway Foods lettuce E. coli outbreak. They attend Roy C. Ketcham High School, John Jay High School Wappingers Junior High School and Van Wyck Middle School.

The outbreak has sickened people in Michigan (10 confirmed and 3 probable), New York (4 confirmed and 3 probable), Ohio (8 confirmed and 1 probable), and Tennessee (1 confirmed). Among the confirmed and probable cases with reported dates available, illnesses began between April 10, 2010 and April 26, 2010. Infected individuals range in age from 13 years old to 31 years old and the median age is 19 years.

The bacteria responsible for this outbreak is E. coli O145, also referred to as O145 STEC (Shiga toxin-producing E. coli). E. coli O145 is one of several strains of non-O157 STECs. Currently, there are limited public health surveillance data on the occurrence of non-O157 STECs, including E. coli O145; therefore, E. coli O145 may go unreported. Because it is more difficult to identify than E. coli O157, many clinical laboratories do not test for non-O157 STEC infection.

Investigators have found multiple lines of evidence have implicated Freshway Foods romaine lettuce as a source of infection in this outbreak. This evidence includes the identification of the outbreak strain of E. coli O145 from an unopened package of Freshway Foods shredded romaine lettuce provided by the Wappingers Falls school district.

A Freshway Foods recall of lettuce products was issued on May 6. The recalled romaine lettuce products were sold to wholesalers and food service outlets in the following states: Alabama, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. The recalled romaine products were used in restaurants, cafeterias and in-store salad bars and delis for Kroger, Giant Eagle, Ingles Markets, and Marsh stores in the states listed. 

For a free consultation with an E. coli lawyer at Pritzker Olsen regarding a Freshway Foods lawsuit, please call 1-888-377-8900 (TOLL FREE) or submit our online consultation form.

Freshway Foods Lettuce E coli Outbreak and Recall

lettuce e. coli outbreakA Freshway Foods lettuce recall has been issued in the wake of an E. coli 0145 outbreak that has sickened approximately 50 people at universities and colleges in Michigan, New York and Ohio, according to the Food and Drug Administration (FDA).

Illnesses have been reported at the University of Michigan in Ann Arbor, Michigan, Ohio State University in Columbus, Ohio, and Daemen College in Amherst, New York.

The potentially contaminated lettuce was sold under the Freshway and Imperial Sysco brands to wholesale, service outlets, and in-store retail salad bars and delis in the following states: Alabama, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. The lettuce was distributed to those states at salad bars and delis in the following stores: Kroger, Giant Eagle, Ingles Markets, and Marsh stores.

E coli Infections from Lettuce

The food safety attorneys at Pritzker Olsen law firm have, unfortunately, dealt with foodborne illness outbreaks associated with Ecoli in lettuce before. Our lawyers have, in fact, successfully recovered monetary damages for victims of lettuce E.coli food poisoning. People with E. coli infections from food products like the contaminated Freshway Foods lettuce could be able to file a lawsuit against producers and distributors of contaminated food.

The Spinach E. coli outbreak of 2006 drew national media attention to the issue of E coli contaminated produce. Unfortunately, that outbreak was not an isolated incident. The recent Freshway Foods lettuce outbreak associated with a different strain of the pathogen--E. coli 0145--shows the need for food producers to focus on the safety of products and for government agencies to tighten produce regulations and inspections, said food poisoning attorney Fred Pritzker. "The USDA currently only regulates one strain of E. coli, and that is E. coli O157. However, if other strains of E. coli can severely sicken and even kill people, those strains need to be regulated as well."

 

E. coli O111 Colorado Prison Food Poisoning Outbreak

E. coli Food Poisoning An E. coli outbreak at Four Mile Prison in Canon City, Colorado has been associated with E. coli O111, a lesser-known but no less dangerous strain of E. coli. So far three inmates are sick with E. coli O111 and eight more could potentially be part of the outbreak as well, according to local news sources.

Colorado health officials have inspected the facility's kitchens and found no unsanitary conditions, according to Colorado Department of Corrections spokeswoman Katherine Sanguinetti. The Colorado DOC and the Colorado Department of Public Health and Environment are working together to locate the source of the outbreak and keep it from growing.

 

About E. coli O111

 

The Centers for Disease Control and Prevention (CDC) have identified six types of E.coli besides E. coli O157:H7  that are lesser known but still can be seriously harmful and even deadly. E. coli O111 is in this category.

These types of Ecoli are known as Shiga toxin-producing E coli, or STEC, because they produce a dangerous toxin that causes severe illness in normally healthy people. Symptoms can include:

There have been 11 outbreaks since 1990 that the CDC has associated with E. coli O111.  Although it is more rare than E. coli O157:H7, it can be just as deadly. STEC cause about 110,000 foodborne illnesses per year, and about 30 percent of those illnesses could be traced to non-O157 types of E. coli, such as O111, according to the CDC.

Contaminated Meat a "Growing Concern"

This is how bad it's getting with meat contamination and food safety:
 
According to a story by Peter Eisler in USA Today,  Mexican authorities in 2008 rejected a U.S. beef shipment because its copper levels exceeded Mexican standards.
 
Now, because there is no U.S. limit for copper and other harmful residues in beef, the USDA had no grounds for blocking the beef's producer from reselling the rejected meat in the United States.
 
That tidbit was found in an audit by the USDA's Office of Inspector General ripping the government for not setting limits on pesticides, veterinary antibiotics and heavy metals in meat being sold to the public. 
 
The audit found that limits have not been set by the EPA and FDA "for many potentially harmful substances, which can impair FSIS' enforcement activities.''
 
The health effects on people who eat such meat are a "growing concern," the audit adds.
 
FSIS stands for Food Safety and Inspection Service, the USDA agency in charge of keeping  E. coli O157:H7 and other dangerous human pathogens out of the meat supply.

Hamburger E. coli Traceback Wins Times Reporter Michael Moss a Pulitzer

National food safety law firm Pritzker Olsen congratulates reporter Michael Moss and other members of The New York Times Staff for winning a 2010 Pulitzer Prize in journalism for relentless reporting on E. coli O157:H7 in hamburger and other food safety issues.

The Times entered the combined stories for a Pulitzer in investigative reporting, but the Pulitzer board deemed the work more fitting for top prize in the explanatory journalism category.

The crown jewel in Michael's assortment of stories was his lengthy Sunday cover story that traced the meatpacking lineage of a particular batch of ground beef.  When a hamburger from the batch reached the plate of young Minnesota dance instructor Stephanie Smith, it was contaminated with living microbes of E. coli O157:H7 that infected her to the point of paralyzing her.

One of the astonishing findings in the story was that slaughterhouses have unwritten agreements with grinding plants not to perform E. coli  tests on the beef they ship. Tests on the incoming meat -- primarily trimmings and cheap cuts -- are not required.

Instead, the government requires E. coli testing at the grinding plant on finished hamburger. But by then -- because each batch contains meat from multiple suppliers -- there is no way to identify where the pathogen originated. The trick spares slaughterhouses from costly recalls.

The final citation from the Pulitzer Board said the combination of stories is a "distinguished example of explanatory reporting that illuminates a significant and complex subject, demonstrating mastery of the subject, lucid writing and clear presentation.''

Click here to see the complete collection of award-winning food safety stories.

FDA Food Inspections Fail Audit

Fifty-six percent of the food facilities subject to FDA inspection were never inspected over a five-year period studied by federal auditors.

The audit also found that the percentage of food facilities inspected annually by FDA dropped from 29 percent in Fiscal 2004 to 24 percent in Fiscal 2008. In the same period, FDA inspectors issued fewer and fewer notices of potential safety violations and didn't always follow up on the problems it did find.

Those are the top findings in an audit report released this week by the Department of Health and Human Services Office of Inspector General (OIG).

The number of facilities that received FDA notices of potential food safety violations dropped from 614 in 2004 to 283 in 2008, even as the number of facilities grew, the OIG found.

Iowa Senator Tom Harkin, a key supporter of pending food safety legislation, had this to say about the report:

“This new report shows what we have feared for too long: that that our domestic food facilities are not being adequately inspected and FDA needs additional authorities to keep the food on our tables safe.''

For its part, the FDA said it has already addressed or is addressing many of the concerns raised in the report and needs greater authority and more inspectors to improve food safety.

But the 38-page audit report raises questions about the agency's efficiency. 

  • FDA notices of potential food safety violations are called "official action indicated," or OAI. In 2004 the agency issued OAI notices to 614 of the 17,032 facilities inspected (3.6%). By 2008 the number was down to 283 of 14,966 facilities inspected (1.9%). Almost 75% of those facilities had a history of violations.
  • Like inspections of food facilities overall, inspections of facilities classified as high-risk declined over the 5 years, from 77% in 2004 to 63% in 2008.. In 2008 there were 8,667 facilities designated as high-risk.

Peppa's E. coli May Be Result of Food Handling Violations

Our law firm recently filed a lawsuit on behalf of a husband and wife who contracted E. coli O157:H7 infections after eating beef at a barbecue restaurant. We sued the beef processor, a distributor of the meat and the barbecue restaurant that served the couple the meal that made them sick.

The husband was hospitalized with severe bloody diarrhea and cramps. The wife also suffered bloody diarrhea and cramps, but she developed TTP-HUS, a complication of an E. coli O157:H7 infection that can cause kidney failure, brain injuries, heart damage, other serious injuries and death.  She spent two months in the hospital and almost died several times.

An E. coli outbreak in Honolulu, Hawaii that sickened at least seven people in March also involves a barbecue restaurant, Peppa’s Korean BBQ. The Peppa’s E. coli may be the result of food handling violations that closed the restaurant down yesterday. According to the Honolulu Advisor:

After it was confirmed that some of those sickened by E. coli 0157:H7 had eaten at Peppa's, state Sanitation Branch inspectors were dispatched to the restaurant, where they observed food-handling violations….

Those violations, coupled with confirmation of the Peppa's connection, caused inspectors to issue a "notice of permit suspension" and a cease-and-desist order against the restaurant at about 10 a.m. yesterday….

To contact a lawyer at Pritzker Olsen about the Peppa’s E. coli outbreak, please call 1-888-377-8900 (TOLL FREE), email Attorney Fred Pritzker or submit our online form for a free consultation.

Keywords: Peppa’s E. coli, lawsuit, Honolulu E. coli, lawyer, attorney, Peppa’s Korean Barbecue, hemolytic uremic syndrome (HUS), thrombotic thrombocytopenic pupura (TTP), child E. coli.

Food Safety Attorney Fred Pritzker Calls for Prosecution of Food Poisoners

 A recent Food and Drug Administration (FDA) inspection of Basic Food Flavors Inc. found that the Las Vegas-based food ingredient maker continued to ship product after its facility tested positive for Salmonella, a potentially deadly bacterium.

When FDA discovered the situation at Basic Food Flavors Inc., a recall was issued of Basic Food Flavors HVP flavor enhancer that has touched off a sweeping domino pattern of food recalls by users of the ingredient. No Salmonella infections have been reported, but the number of HVP-related recalls has topped 100 and could run into the thousands.

While the FDA weighs the appropriate regulatory response, victims of food poisoning and advocates for a stronger food safety system in the United States are hoping for criminal sanctions.
 
National food safety lawyer Fred Pritzker said in a statement this week that any food executive responsible for knowingly shipping product contaminated with a human pathogen should be incarcerated. 
"It' simple,'' said Pritzker, whose Pritzker Olsen law firm is a leading practitioner of foodborne illness litigation. "Test your product. Hold your product until test results are completed. If testing reveals your product is adulterated, don't ship it. If you violate any or all of these three steps, you go to jail.'' 
Pritzker said families he represents who lost loved ones in last year's peanut-driven Salmonella Typhimurium outbreak are still seething over the lack of criminal prosecution in that case. More than 700 people across the country were sickened and nine people died, including Shirley Almer of Perham, Minnesota and Nellie Napier of Medina, Ohio.
 
Jeff Almer, Shirley's son, and Randy Napier, Nellie's son, have become tireless advocates for food safety, testifying at Congressional hearings and speaking at conferences. The two men also were featured in an excellent  television report on the one-year anniversary of the Peanut Corp. of America (PCA) outbreak. 
The three-part series by ABC13-TV in Lynchburg, Virginia, quoted Napier as saying he feels like his mother was -- in effect -- murdered. 
Pritzker said the family members are rightfully incensed about the lack of criminal prosecution, thus far, against individuals at PCA. Shirley Almer, for instance, had twice beaten cancer only to succumb to food poisoning wrought by contaminated peanut butter.
 
The FDA found evidence  that the company shipped peanuts from its Blakely, Georgia, plant that first tested positive for Salmonella.
 
When wrongdoers know or should know their products are contaminated and ship them anyway, they should be treated like common criminals, Pritzker said.
 
"If  Bernard Madoff can be sent off to prison for economic crimes, why shouldn't we jail executives who allow deadly pathogens into the food supply.'' 

Food poisoning lawsuits, medical care, lost productivity cost $152 billion a year

 A new report showing the high cost of foodborne illness in the United States could help solidify support for major reform in food safety law currently on the table in Washington.

On average, food poisoning costs $1,850 per case nationwide, or $152 billion annually.

"We cannot afford to waste billions of dollars fighting preventable diseases after it is too late,'' said Erik Olson, Olson, director of food and consumer product safety with the Pew Health Group. 

The Produce Safety Project, an initiative of The Pew Charitable Trusts at Georgetown University, published the report. It was written by Robert L. Scharff, a former FDA economist who is now an assistant professor in the Department of Consumer Sciences at The Ohio State University.

Scharff said in a press release: "This study puts the problem of foodborne illness in its proper perspective and should help facilitate reasonable action designed to mitigate this problem."

 The Centers for Disease Control and Prevention (CDC) estimates that approximately 76 million new cases of food-related illness result in 5,000 deaths and 325,000 hospitalizations each year. 

The report, available online, uses an FDA cost-estimate approach: health-related costs are the sum of medical costs (physician services, pharmaceuticals, and hospital costs) and losses to quality of life (lost life expectancy, pain and suffering, and functional disability).

The ten states with the highest costs per case are: Hawaii, Florida, Connecticut, Pennsylvania, South Carolina, the District of Columbia, Mississippi, New York, Massachusetts and New Jersey. 

The report said produce is linked to the largest number of outbreaks involving FDA-regulated foods. For example, E. coli O157:H7 cases in produce accounted for 39 percent of outbreaks and 54 percent of illnesses. Using CDC data, the report estimates that foodborne illness costs related to produce alone are almost $39 billion per year in the U.S. 

The study broke out estimated health-related costs and lost productivity of chronic, or long-term effects of certain foodborne illnesses. For instance, HUS E. coli, or hemolytic uremic syndrome, is estimated to cost our society $627 million per year.

Time for Senate to Pass Food Safety Bill

National food safety law firm Pritzker Olsen is urging the U.S. Senate to move ahead on law making that would given increased authority and resources to federal regulators in charge of protecting our food supply.

A continued increase in food recalls and an alarming string of illness outbreaks caused by E. coli O157:H7, Samonella infection and other pathogens should have been enough by now to compel action on the Food Safety Modernization Act introduced early last March by Sen. Dick Durbin, D-Ill. But nearly a year has gone by without meaningful followup.
 
"Change is long overdue and the country is waiting,'' said Fred Pritzker, founder and president of Pritzker Olsen. "Foodborne illness is preventable, but tragic consequences will continue on a broad scale unless Congress authorizes more inspections, closes senseless loopholes and gives regulators more authority.''
 
The bill has strong bi-partisan support and is backed by many consumer groups who recognize that America's food saftey system is shockingly ineffective.
 
Pritzker said Senate leaders should be reminded of the massive peanut outbreak in late 2008 and early 2009 that resulted in nine Salmonella wrongful deaths and sickened more than 700 others in 46 states. Pritzker Olsen represents the families of three of those who died and part of the momentum for food safety reform came from members of those families who have reached out to Congress with pleas for change.
 
For instance, Minnesota's Jeff Almer last year provided inspiration to a Congressional food safety panel when he told the story of his mother's victory over cancer. Shirley Almer had recently emerged from her second bout with cancer in 2008, only to be killed toward the end of the year by contaminated peanut butter on her toast.
 
"Families are always shocked to learn that our nation's food safety system is based in large part by century-old laws,'' Pritzker said. "These outbreaks are preventable and strengthening the hand of regulators will curtail dangerous practices and conditions.''
 
Important elements of the Senate bill would:
  • Authorize the FDA to order immediate, mandatory recalls.
  • Allocate inspection resources based on the risk profile of food facilities or food.
  • Improve the government's capacity to track and trace raw agricultural commodities.
  • Empower FDA to suspend a food facility's registration.
  • Require the enhancement of foodborne illness surveillance in conjunction with the Centers for Disease Control and Prevention.
  • Give regulators more access to food company records in an emergency.
  • Require new regulations on sanitary food transportation practices.
Once the Senate acts, work could begin on a compromise bill with the House, which passed a similar food safety bill last July. The House bill would increase the frequency of FDA inspections of food processing plants, expand the FDA's traceback capabilities when outbreaks occur, give the FDA mandatory recall authority, and require food facilities to have safety plans in place in order to mitigate hazards. The House bill would impose annual registration fees of $500 on all facilities holding, processing, or manufacturing food.
 
President Obama, who made food safety reform an immediate priority upon taking office, is believed to be eager to sign a comprehensive measure into law.
 
Pritzker Olsen is a nationally recognized food safety law firm that has represented victims in practically every major outbreak of food poisoning in the U.S. The firm is one of the few in the nation practicing extensively in the area of foodborne illness and it has collected millions for victims of E. coli HUS and other disease caused by pathogens in food. For more information, contact Fred Pritzker at 1-888-377-8900 (Toll Free), or email Fred at fhp@pritzkerlaw.com. The firm has offices at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, MN 55402ssible culprits in those outbreaks.

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.

U.S. Food Safety Gets Low Marks

 A new CBS News poll has found that nearly one quarter of Americans grade our country's food safety system as "D" or "F".

The poll results, part of a larger Food Safety in America report by CBS correspondent Bill Whitaker, showed that just one in three Americans are very confident that the food they buy is safe.

Thirty-two percent say they are "very confident" about the safety of the food they buy, while 52 percent are "somewhat confident." The remaining 16 percent say they are not too confident or not at all confident in the safety of their food.

CBS reported that 25 percent of Americans get sick every from what they eat.  In England and France, that number is 2 percent or less.

On average, 76 million Americans each year become victims of foodborne illness, including HUS E. coli,, Salmonella, Campylobacter, Listeria and E. coli in the brain. About 325,000 of those victims are hospitalized and 5,000 die.

In terms of assigning letter grades on the country's record of ensuring the safety of the food supply, the most commonly offered grades were C, chosen by 34 percent of those surveyed, and B, chosen by 33 percent. 

Just seven percent gave the country an A when it comes to keeping the food supply safe. Eighteen percent offered a D, and six percent served up a failing grade.  

FDA Targets Unsafe Fish Supplier in MD

The U.S. Food and Drug Administration has obtained a judicial decree enabling it to shut down a Maryland fish distributor that has ignored the agency's warnings to abide by food safety laws.

The company in question is Congressional Seafood Co. Inc. of Jessup, Maryland. It supplies raw tuna and other fish for sushi and sashimi in addition to handling fresh and vacuum-packed crab meat, frozen octopus and shrimp and molluscan shellfish. Its market area includes New Jersey, Washington, D.C., Virginia and Pennsylvania.

 FDA said past violations have included failure to document that fish were refrigerated at appropriate temperatures, failure to keep fish species separate to avoid cross-contamination, failure to meet sanitation standards or keep records of compliance, and failure to verify that imported fish met FDA standards. The practices pose a public health risk because the fish products are well-known sources of E. coli, Listeria monocytogenes, Clostridium botulinum,Salmonella and other pathogens capable of causing serious health injury and death.

The decree, signed by U.S. District Judge Benson E. Legg, allows FDA to shut down Congressional Seafood, recall its products or take other corrective action in the event of future violations.

 

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.

Judge Closes Filthy NY Slaughter Plant

 A federal judge in White Plains, New York, has ordered the shutdown and padlocking of a kosher poultry slaughter facility in New Square, N.Y., that federal authorities say has been selling uninspected poultry since 2002.

The action was taken yesterday by Judge Stephen C. Robinson at the request of federal prosecutors who argued that the risk of foodborne illness or death was too great to allow New Square Meats to continue.

Here is an excerpt from news reporter Timothy O'Connor's story for LoHud.com describing conditions in the facility:

"During an April visit to the plant, federal investigators said they found poultry residue on walls, light fixtures, and the manager's office. Employee restrooms had no soap or hand sanitizer while rubbish and foul-smelling pools of water were found outside the plant, according to court papers federal authorities filed.''

Attorneys for the company asked the judge for a two-week reprieve, but he denied it in light of unsanitary conditions that posed an obvious health risk to the community.

Report Measures Decline in the Number of Completed Outbreak Investigations

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.

Listeria, Roaches Prompt FDA Downgrade of Airline Catering Operation

Consumer expectations for airline food are admittedly low, but this is sickening.

 The Food and Drug Administration has downgraded the license of the LSG SkyChefs airline catering operation in Denver after finding infestations of cockroaches, rodent harborages, plumbing nozzles laying on the floor, pools of brown liquid under the garbage cans and cultures of Listeria monocytogenes in the food-making area.

According to a copy of  a warning letter obtained by national food safety law firm Pritzker Olsen, the FDA recently changed the caterer's classification from "Approved'' to "Provisional.''  SkyChefs has informed the FDA that it has made corrections, but if a reinspection doesn't go well next month, the facility could be deemed "Use Prohibited" or "Not Approved.'' In either case, airlines wouldn't be able to get their food from the location, the warning letter said.

The warning letter, dated December 10 and addressed to SkyChefs chief operating officer in Irving, Texas, said Listeria contamination was found in the Denver facilitiy's "hot kitchen'' from three swabs taken by FDA in its initial inspection. Listeria is a high-risk pathogen that can cause listeriosis infection, which is potentially deadly and can cause stillbirth and miscarriage in pregnant women.

Prepare to be disgusted by the following excerpts from the letter that detail some of the inspection results:

Our investigators observed numerous live roaches, dead roaches, and other insects, as well as food, and other debris, in various locations, including the following:

Cart wash area - Live and dead roach-like insects too numerous to count. Silverware station - At least 40 live roaches as well as other insects.  The hot kitchen - At least eight dead and one live roach insects were observed in and around the walls of the hot kitchen. Repack area - Live roaches too numerous to count.  Pots and pans warewashing room - At least four live and dead roaches, flies.  Dish machine wash area - At least 13 dead roaches inside the machine loading area and 31 or more dead nearby the machine. 

  •  Employees handling food with bare hands or with unwashed gloved hands.
  •  Water dripping from the ceiling into equipment/utensil cleaning areas.
  • Gaps of up to 2.5 inches under garbage room doors, receiving dock doors, and outbound dock area doors.
  • Standing brown liquid in the garbage room.
  • Accumulation of debris in various areas such as in the ice pit, dairy cooler, dish machine area, and automatic cart wash area.
  • Holes in wall surfaces, creating areas for insect and vermin harborage.
  • Debris and standing liquid inside the automatic cart wash machine.
  • Water hoses stored with nozzles resting on the floor.
  • Click here to see a full copy of the warning letter.

 

FDA and Homeland Security Announce New Food Safety Initiatives

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.

Miami Epic Hotel Legionnaires Outbreak Investigation Centers on Water System

The luxury Epic Hotel in downtown Miami is closed this week while officials inspect and super-chlorinate its water system following the death of a hotel guest and illnesses to two others -- all from Legionnaires' Disease.

Miami-Dade health officials are still investigating and have not yet linked the outbreak to the Epic Hotel. But the investigation so far has found that a powerful water filtration system newly purchased by the hotel was stripping out chlorine, making it susceptible to bacterial growth and waterborne disease.

Dr. Vincent Conte, the health department's top epidemiologist, told the Miami Herald that his department wants to hear from anyone who has recently stayed at the hotel and experienced Legionnaires' Disease symptoms. Symptoms include cough, fever with or without chills, greenish or yellow sputum, headaches and body aches. The incubation period is two to 14 days from the time of exposure.

If you or a loved one is exhibiting these symptoms after a stay at the Epic, see a physician immediately. For answers to legal questions or for assistance in dealing with the Miami-Dade health department, call national food safety law firm Pritzker Olsen Attorneys at 1-888-377-8900 (Toll Free) or submit a contact and information form on the side of this web page.

One European tourist died in October, and two others fell ill in November, all from Legionnaires' Disease, Conte told the Miami newspaper. Staying at the Epic was a variable that all three victims had in common. 

Legionnaire's Disease is a type of pneumonia that can kill 5 percent to 30 percent of those it infects. Each year in the U.S., between 8,000 and 18,000 people are hospitalized with Legionnaires' disease. However, many infections are not diagnosed or reported, so this number may be higher. The disease can be treated successfully with antibiotics.

Pritzker Olsen is a law firm for victims of foodborne and waterborne disease. We are one of the few firms in the country practicing extensively in this area of litigation and we have recovered tens of millions for our clients. If you need legal representation in connection with the Miami Epic Hotel Legionnaires' outbreak investigation, please contact us. 

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. 

Traceability of Food is Essential to Safety

By Fred Pritzker

A recent collaboration involving the Institute of Food Technologists and the U.S. Food and Drug Administration (FDA) is intended to improve product tracing in food production and distribution.

The study, released in October 2009 and entitled Traceability (Product Tracing) in Food Systems, identified key data elements, use of electronic forms and standardized formats as a means to identify and track food products implicated in outbreaks of E. coli O157:H7 in foodborne illness outbreaks.   

Traceability is an essential component of food safety regulation. Simply put, it is essential that every food’s supply chain from farm to retail store or foodservice outlet be known, recorded and easily accessed. This would allow for rapid detection of foodborne illness outbreaks, removal of adulterated products from the marketplace, consumer warnings and identification of wrongdoers in product liability claims brought on behalf of foodborne illness survivors.

Unfortunately, the system of traceability in this country is fragmented and incomplete. For example, there is no standardized system for the identification and recording of key data elements (e.g. physical location at which the product was handled, lot numbers, amount of product manufactured or shipped, recipients of shipped products, etc.). Nor are there record-keeping requirements for Critical Tracking Events (CTEs) – instances in which a product is moved between premises, is transformed or is otherwise determined to be a point at which data capture is necessary to trace the product.

These deficiencies are well known and long-standing. They endanger consumers and make it difficult to hold wrongdoers accountable for the harms and losses they cause. As food safety lawyers, we at Pritzker Olsen Attorneys are involved in virtually every major outbreak of foodborne illness. We believe the common sense recommendations in this report should be implemented without further delay.  

Push In Food Poisoning For Better Tracking

Health officials from the Food and Drug Administration and USDA will hold a public hearing next month to search for ways to better trace food poisoning to its original source. 

Better tracking mechanisms also are included in pending food safety legislation in Congress and for good reason: In nearly 60 percent of food poisoning outbreaks, a source of the pathogen is never found and the illness remains a public health mystery, according to the Centers for Disease Control and Prevention (CDC).
 
The problem was highlighted today in a story by reporter Steve Mills of the Chicago Tribune. He traced the personal battle fought last year by the family of 10-year-old Jack Gillett of Rockford, Illinois.
 
The boy was diagnosed with an E. coli O157:H7 infection that progressed into HUS, or hemolytic uremic syndrome after returning from a family car trip to Kentucky. They ate at numerous restaurants along the way and have not been able to pin down the cause of Jack's illness.
 
Over the course of three weeks in two hospitals, Jack had 13 dialysis treatments and six blood transfusions, according to his mother and the medical records she maintained.
 
From stool samples, microbiologists are able to obtain the genetic fingerprint of pathogens that make people sick. But in one-off cases where there isn't an outbreak involving lots of victims, it is extremely difficult to identify the source of contaminated food. In the case of tracking E. coli , part of the problem is that the onset of serious illness can occur four days after contaminated food is ingested.
 
But scientists and food safety advocates believe that faster and better communication systems between hospitals and local and state health departments can improve detection of the food source. When there is any grouping of patients infected by the same strains of a pathogen, investigators can conduct fast-response epidemiological studies that can solve the mystery of what food is to blame. They do that through scientific questionning of patients to find common exposures.
 
For obvious reasons, a breakthrough in detection of outbreak sources would make a huge difference in helping to prevent outbreaks and keep people healthy. Businesses that profit from food would presumably be more careful to avoid the liability.
 
If you or a loved one has been sickened by food poisoning and have legal questions about your rights to make a recovery from the restaurant, meatpacker, corporate farm, packaged food company, insurance company, grocery store or others who may be responsible, call national food safety law firm Pritzker Olsen Attorneys at 1-888-377-8900 (Toll Free) or complete our online contact and information form on the right side of this web page. A food poisoning lawyer will provide you with a free case consultation. We are one of the few law firms in the country practicing extensively in the area of foodborne illness litigation.

Cargill Is Second Meatpacker to Recall Beef Tongues

Cargill Corp. is the second meatpacking company in a week to recall beef tongues that may not have had tonsils completely removed.

The recall announcement by USDA's Food Safety and Inspection Service is Class II, meaning it's a health hazard situation where there's only a remote possibility of adverse health consequences. Under the recall, Cargill Meat Solutions in Milwaukee is recalling 5,522 pounds of beef tongues produced from Oct. 12 to Oct. 14. The packages bear the USDA establishment number EST 17690.

Just a couple of days ago, Omaha-based J.F. O'Neill meatpacking company recalled 33,000 pounds of tongues produced between July and October.

Tonsils are considered "specified risk material'' in cattle infected with Bovine Spongiform Encephalopathy (BSE), or mad cow disease. SRM means the infective agent could possible be found in these tissues. USDA regulations prohibit  SRMs' from use in human food to minimize potential human exposure to BSE.

The prevalence of BSE is extremely rare and almost non-existent in U.S. cattle, but the beef tongue recalls are an opportunity to remind people why BSE is so dangerous. 

In humans it is known as new variant Creutzfeldt-Jackob Disease, which can be fatal. An outbreak in Britain several years ago resulted in human deaths. The country killed 4.4 million cattle as part of the eradication effort.

Meatpacker Recalls 16 Tons of Beef Tongues

Omaha meatpacker J.F. O'Neill Packing Co. is recalling 33,000 pounds of beef tongues packed between July 1 and October 8.

The tongues may not have had tonsils completely removed, which is not compliant with USDA regulations that require their removal.

In a Class II recall notice, meaning there is a low public health risk, the USDA's Food Safety and Inspection Service (FSIS) said tonsils are among the tissues known to contain the infective agent in cattle infected with mad cow disease, or Bovine Spongiform Encephalopathy (BSE). 

The prevalence of BSE is extremely rare and almost non-existent in U.S. cattle, but the current recall is an opportunity to remind people why BSE is so dangerous. 

The FSIS regulations exist to minimize risk of human exposure to BSE. Tonsils are classified as "specified risk material,'' like spinal cord tissue, and must be removed from cattle of all ages at slaughter and kept out of the food chain under FSIS regulations. 

In humans it is known as new variant Creutzfeldt-Jackob Disease, which can be fatal. An outbreak in Britain several years ago resulted in human deaths. The country killed 4.4 million cattle as part of the eradication effort.

The recall covers various weight cases of "BEEF TONGUES." Each case bears establishment number EST 889A inside the USDA mark of inspection. They were sold under the following brand names: J.F. O'NEILL PACKING CO.," "WHOLE FOODS NATURAL," "WHOLE FOODS ORGANIC," "PREMIER PROTEIN PARTNERS," "MONTANA RANCH BRAND," "GRASSLAND BEEF," "AUSTIN MEATS," "MORGAN RANCH," "KOBE BEEF AMERICA," "IMPERIAL WAGYU BEEF," "BRAND ADVANTAGE WAGYU," "BRAND ADVANTAGE PARTNERS," "YAMAYA U.S.A.," and "A.D. ROSENBLATT."

FSIS said the problem was discovered during a food safety assessment by the agency.

 

 

New York Senator Calls for 'E. coli Eradication Act'

You can add U.S. Senator Kirsten Gillibrand of New York to the list of federally elected officials who are gung-ho about reforming America's faltering food safety system -- a system that we here at Pritzker Olsen Attorneys have been decrying for years as we represent victim after victim of food poisoning.

As a member of the Senate Ag Committee, Gillibrand issued a lengthy press release yesterday containing proposed food safety legislation that is sweeping and bold. Many of her planned initiatives were already in discussion, but she adds some new wrinkles -- including a bill she calls the "E. coli Eradication Act.''

The proposed eradication act is a reaction to a New York Times story that found that many large commercial hamburger grinding plants don't test beef trim and scraps for E. coli O157:H7 before they mix it together. A widely accepted industry practice is to gather  low-grade beef ingredients from various far-flung slaughterhouses and mix them together into ground beef without checking first whether they are contaminated. The slaughterhouses like it that way.

Gillibrand's "E. coli Eradication Act'' would require grinders to test the incoming shipments for E. coli and then again after it is ground into hamburger. The pathogen, which can lead to deadly cases of hemolytic uremic syndrome (HUS) already is banned from finished ground beef.

As things stand now, the Senate is expected to take up a large food safety reform bill and work with authors of an already approved House bill in an attempt to move something to the White House for President Obama to sign before the end of the year.

From Senator Gillibrand's office, here's a summary of other food safety initiatives she is carrying into session:

  • Expand access to records, giving the FDA access to the records of all food processing facilities.
  • Establish FDA oversight of private high quality testing labs used by food companies to verify their credibility.
  • Increase federal investments to give the FDA all the resources it needs to implement comprehensive food safety improvements, especially more inspections.
  • Order the Department of Homeland Security (DHS) to prioritize the hiring of inspectors to protect consumers from contaminated imported food.
  • In 2003, when the DHS took over the inspection of agricultural products on the border, the position of “agriculture specialists” was created.  While the number of people in this position has been slowly increasing, it is still one-third short of the number of specialists needed to test the ever increasing array of agricultural products coming into the country.
  • Require federal agencies to notify all schools involved in the federal school lunch program of food recalls and investigations of suspect food so lunch program administrators can keep it from the cafeteria trays of our school children.
  • Give the authority to order a mandatory recall of a food product when a company fails to voluntarily recall the product upon FDA’s request.  Right now, recalls are only voluntary.  
  • Allow the FDA to share confidential information with the public when necessary to protect public health;
  • Mandate on-site notification of a recalled product by posting notification in the freezer case or shelving unit of retail grocery stores.

Food Poisoning Lawyer Shares Expert Opinions

Top executives from U.S. produce companies gathered at separate conventions this summer in Monterey, California, and Austin, Texas, to hear PritzkerOlsen principal Elliot Olsen tell them how an outbreak of foodborne illness can put a company out of business in 24 hours.

Elliot was invited to these premier food safety symposiums in July and August by the Produce Marketing Association, which hosted the events. Normally our firm finds itself in opposition to growers and handlers of fresh produce when contaminated lettuce, spinach, tomatoes or some other vegetable are linked to an outbreak ofE. coli O157:H7 or Salmonella.

But Elliot's central message to the industry at these symposiums had an unexpected twist.

While the PritzkerOlsen law firm has a well-earned reputation from coast to coast for battling companies and collecting millions of dollars for victims of food poisoning, the firm's overarching mission is to help make the U.S. food supply safer -- a goal that PritzkerOlsen holds in common with most food producers.

"It's not just a game to us,'' he said. "Part of our mission is prevention.''

Elliot told attendees of the symposiums that companies learn valuable food safety lessons when victims of food poisoning assert their right to compensation for injuries, lost wages, pain and suffering. Without the discipline that lawsuits can bring, no set of regulations from government could bring meaningful reform on their own.

A major portion of Elliot's presentation focused on the human cost of food poisoning. Take, for instance, a past client of PritzkerOlsen described to symposium attendees as Mr. Lewis (not his real name). Mr. Lewis was a very active and healthy 81-year-old man when he contracted Listeriosis from contaminated food. The infection damaged his central nervous system and left him paralyzed. His hospitalization was followed by 400 days in a nursing home, ending in his death. By then, he was hardly recognizable.

Olsen said the crowds in Monterey and Austin -- which included many CEOs and other top-ranking produce company executives -- were very receptive. "Hopefully we'll continue our efforts to eliminate foodborne illness,'' he said.

 

 

 

 

 

Mi Ranchito Carbonic Acid Poison Closes Restaurant

 Managers of a Mexican style restaurant in Lenexa, Kansas, are blaming a sudden outbreak of food poisoning illness among its customers to a backflow problem with the restaurant's soda machine.

The restaurant, Mi Ranchito, is closed under an emergency license suspension, by health officials.

The problem erupted Sunday when nine ambulances were called to the restaurant to aid customers who were vomiting, nauseous, dizzy and sweating. There were 20 people who fell ill and Dirk Fetterolf, an EMS battalion chief, told reporters that a dozen of the victims were taken to the hospital. No one was admitted.

Jennifer Bustos-Gomez, an operations director for Mi Ranchito, told Water World that the patrons were sickened by carbonic acid poison -- a result of carbonated water backflowing in the restaurant's soda machine lines and coming into contact with copper piping.

She said the same thing happened three weeks earlier, when five people went to the hospital with the same symptoms.

But Maggie Thompson of the Kansas Department of Health and Environment said the restaurant would stay closed until tests confirm what caused the Mi Ranchito outbreak of illness.

Those sickened in the outbreak may have a Mi Ranchito compensation claim. To receive a free case consultation, victims are urged to complete an online form for submission via the Internet to Pritzker Olsen attorneys. Or, contact the firm by telephone at 1-888-377-8900 (toll free).

Our law firm is one  of the few in the country practicing extensively in the area of foodborne illness litigation. We have collected millions for victims of food poisoning and are deeply experienced in a complicated area of the law that applies to adulterated food.

If you or a loved one was sickened in the Mi Rancito carbonated water outbreak, call Pritzker Olsen to protect your legal rights.

 

Produce Group Hosts Food Safety Lawyer Elliot Olsen

Top executives from U.S. produce companies gathered in Austin, Texas, today to hear national food safety lawyer Elliot Olsen tell them how an outbreak of foodborne illness could put them out of business in 24 hours.

It's happened before and likely will happen again, but Olsen's central message to the industry had an unexpected twist. While the Pritzker Olsen law firm has a reputation from coast to coast for collecting millions of dollars from companies on behalf of victims of E. coli O157:H7, HUS, Salmonella, Listeria,and Campylobacter, the firm's overarching mission is to help keep the U.S. food supply safer -- a goal Olsen said his firm holds in common with most food producers.

"It's not just a game to us,'' Olsen said. "Part of our mission is prevention.''

He said companies learn lessons when victims of food poisoning assert their right to compensation for injuries, lost wages, pain and suffering.

Olsen was invited to the one-day Food Safety Symposium in Austin, Texas, by the Produce Marketing Association. The same group invited him to speak last month at an even larger gathering in Monterey, California. Olsen's third appearance for the group is scheduled in Rochester, New York, in October.

A major portion of his presentation focused on the human cost of food contamination. Take, for instance, a past client of Pritzker Olsen described as Mr. Lewis (not his real name.). Mr. Lewis was a very active and healthy 81-year-old man when he contracted Listeriosis from adulterated food. The infection damaged his central nervous system and left him paralyzed. His hospitalization was followed by 400 days in a nursing home, ending in his death. By then, he was hardly recognizable.

Olsen said the crowds in Monterey and Austin -- which included many CEOs and other top-ranking produce company executives -- were very receptive. "Hopefully we'll continue our efforts to eliminate foodborne illness,'' he said.

New outbreak highlights overuse of antibiotics and underuse of traceback and notification systems

By FOOD SAFETY ATTORNEY FRED PRITZKER

A new Salmonella outbreak was announced today: over 825,000 pounds of ground beef products processed by Fresno, CA-based Beef Packer, Inc. and distributed to retail distribution centers in Arizona, California, Colorado and Utah.

According to the United States Department of Agriculture Food Safety and Inspection Service (USDA-FSIS), the “particular strain of Salmonella Newport is resistant to many commonly prescribed drugs, which can increase the risk of hospitalization or possible treatment failure in infected individuals.” In other words, this already “bad bug” is potentially much more dangerous than the “garden variety” of Salmonella (which by itself is particularly dangerous to the elderly, young children and people who are immune-compromised).

This latest Salmonella outbreak highlights a number of long-standing food safety issues.

The first is widespread and dangerous overuse of antibiotics in animal production. As many studies have shown, the prophylactic administration of massive amounts of antibiotics to livestock results in drug-resistant superbugs that are much harder to control and cause much greater harm to people sickened in foodborne illness outbreaks. I can think of no greater heartbreak than watching a loved one get progressively more ill from a foodborne illness and know that doctors are powerless to treat it.

Another issue raised by this Salmonella Newport outbreak is referenced in the following excerpt from the USDA-FSIS recall notice:

ground-beef-tray.jpgThe ground beef products were produced on various dates ranging from June 5, 2009 through June 23, 2009 and bear the establishment number "EST. 31913" printed on the case code labels. The ground beef products were distributed to retail distribution centers in Arizona, California, Colorado and Utah. Because these products were repackaged into consumer-size packages and sold under different retail brand names, consumers should check with their local retailer to determine whether they may have purchased any of the products subject to recall.

In effect, our government is telling us that it’s up to individual consumers to track down whether the hamburger they consumed is laced with feces-laden poison. Could this approach be any more ass-backwards?

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Attorney Fred Pritzker Representing Victim of Salmonella Outbreak Associated with A&E Bar-B-Q in Memphis

FOX13 out of Memphis interviewed Attorney Fred Pritzker for their story on the Salmonella outbreak associated with the A&E Bar-B-Q located at 3721 Hickory Hill, Memphis, Tennessee.  Mr. Pritzker is representing a victim of the outbreak.

(There is a short commercial before the news report because we have embedded the video in the form required by FOX13.)

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 For more information, please see A&E Bar-B-Q Lawsuit.

Nestle Cookie Dough Outbreak Update: More People Sick and E. coli Found in Nestle Toll House Cookie Dough

The CDC provided updated Nestle cookie dough outbreak information today:

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

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

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Evidence Implicating Raw Nestle Toll House Cookie Dough as the Source of an E. coli O157:H7 Outbreak

Federal investigators continue their investigation of the E. coli O157:H7 outbreak associated with consumption of raw Nestle Toll House cookie dough that has sickened at least 69 people in 29 states. The evidence implicating the cookie dough consists of both epidemiological and microbiological evidence.

According to the CDC:

In an epidemiologic study, ill persons answered questions about foods consumed during the days before becoming ill and investigators compared their responses to those of persons of similar age and gender previously reported to State Health Departments with other illnesses. Preliminary results of this investigation indicate a strong association with eating raw prepackaged cookie dough. Most patients reported eating refrigerated prepackaged Nestle Toll House cookie dough products raw.

In addition to this epidemiological evidence, FDA has uncovered microbiological evidence at the Nestle plant in Danville, Virginia. At least one unopened package of refrigerated Neste Toll House cookie dough that was at the plant tested positive for E. coli O157:H7, according to Nestle USA:

FDA has found and confirmed evidence of E. coli 0157:H7 in a retained production sample of 16.5 oz. Nestlé Toll House refrigerated chocolate chip cookie dough bar. The product has a day code of 9041 and a "Best before 10 JUN 2009" notation.

If you or a loved one has been diagnosed with E. coli O157:H7 after consuming Nestle Toll House cookie dough, contact our law firm regarding the evidence that can be used in a Nestle lawsuit. If you were sickened but did not have a stool sample tested, you may still have a case against Nestle if you have leftover cookie dough and it tests positive for the outbreak-strain of E. coli O157:H7. Contact our law firm for information regarding testing leftover cookie dough.

JBS Swift Beef Recall

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

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

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

CONTACT OUR LAWYERS ABOUT E. COLI VICTIM COMPENSATION >>

Report: Nestlé Plant at Center of E. coli Outbreak Refused FDA Inspections

by Attorney Fred Pritzker

 

 A Wall Street Journal report says that inspection reports covering the past five years show that officials at Nestlé’s Danville, Va. plant, which manufactured the suspected E. coli O157:H7 tainted cookie dough, "refused to allow a Food and Drug Administration inspector to review consumer complaints or inspect its program designed to prevent food contamination." The FDA can only demand access to records if it shows “a reasonable belief” that the foods are a serious health threat.

This just goes to show how absolutely broken our food safety system is. The FDA does not even have authority to inspect a major food producing plant’s records. Thankfully, legislation currently being considered by Congress would strengthen food safety requirements for food producers, calling for them to keep more records, undergo more frequent and thorough inspections, and give the FDA access during inspections. Despite several recent national outbreaks that have sickened thousands, industry insiders made it clear that this legislation would be opposed by many in the food industry. The question that remains – how many people must get sick and die from the food they eat before the food industry acknowledges the system is broken? Hopefully Congress will decide that enough is enough and pass real food safety reform as soon as possible. 

Attorney Fred Pritzker has represented E. coli victims nationwide. If believe you are part of the Nestlé Toll House E. coli outbreak, contact Fred at 1-888-377-8900 (toll free) or by submitting our free consultation form.

Important Tips for Preventing Cross-Contamination

by Attorney Fred Pritzker

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

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

When shopping:

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

When refrigerating food:

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

When preparing food:

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

Cutting boards:

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

Marinating food:

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

Fruits and vegetables:

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

When serving food:

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

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

 

Pritzker Olsen Calls For Nestle to Pay Victims' Bills

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

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

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

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

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

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

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

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

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

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

Minnesota, Washington, Colorado, Illinois, Massachusetts Have Most Nestle Cookie Dough E. coli Cases

The Centers for Disease Control and Prevention (CDC) has weighed in with its first report on the Nestle cookie dough E. coli outbreak and recall, saying that young females dominate the known universe of victims.

The CDC also named all states involved in the outbreak. States with the most cases are Minnesota (6), Washington (5), Colorado (5), Illinois (5), Ohio (4), Massachusetts (4), Texas (3) and Maine (3).

The complete list -- provided by the CDC -- goes as follows:  Arkansas (1), Arizona (2), California (2), Colorado (5), Delaware (1), Hawaii (1), Iowa (2), Illinois (5), Kentucky (1), Massachusetts (4), Maryland (2), Maine (3), Minnesota (6), Missouri (2), Montana (1), North Carolina (1), New Hampshire (2), New Jersey (1), Nevada (2), Ohio (4), Oklahoma (1), Oregon (1), Pennsylvania (2), South Carolina (1), Texas (3), Utah (2), Virginia (2), Washington (5), and Wisconsin (1).

National food safety law firm Pritzker Olsen Attorneys is accepting cases from all states involved in the outbreak, which has sickened at least 66 people. Federal authorities say 25 of the victims have been hospitalized and seven have suffered hemolytic uremic syndrome, a  type of kidney failure that presents severe complications.

If you or someone you know has become ill from eating Nestle cookie dough products, see a physician and make sure E. coli test results are forwarded to your state health department. If you have been diagnosed with E. coli O157:H7 and have eaten raw cookie dough from Nestle, an E. coli attorney at Pritzker Olsen is ready to assist you. Call 1-888-377-8900 (Toll Free) or complete one of our online forms for a free case consultation.

Nestle has said that its cookie dough packages carry a warning not to eat the product raw. But everyone knows that Americans commonly eat raw cookie dough as a treat. In addition, a person could get sick without knowingly eating raw dough -- just from handling it during the cooking process and getting it on your hands.

Nestle has recalled ALL varieties of its refrigerated, prepackaged Toll House cookie and brownie dough and the U.S. Food and Drug Administration and CDC have warned consumers not to eat the product raw nor bake it. See the complete recall list by clicking here.

The CDC said the illnesses have been traced to March 1. More than 70 percent of the confirmed cases are in patients under the age of 19. Three-fourths of all patients are female. The CDC said "most'' patients sickened by the outbreak strain of E. coli O157:H7 told investigators that they had eaten raw Nestle cookie dough before experiencing vomiting, cramping and diarrhea. No one over the age of 57 is in the group.

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Food Manufacturers Stand In Way of Progress

A string of national Salmonella and E. coli O157:H7 outbreaks over the past year, coupled with strong new leadership at FDA provided momentum for the passage of meaningful food safety legislation in Congress. In his latest editorial on behalf of millions of Americans who have suffered from food poisoning, national food safety lawyer Fred Pritzker laments how powerful lobbyists for the food manufacturing industry are trying to water down needed reforms. Mr. Pritzker's law firm, PritzkerOlsen, P.A., is involved in practically every major outbreak of foodborne illness and currently represents the families of three women who died recently from eating contaminated peanut products.

By FRED PRITZKER

Last week, the House Energy and Commerce Committee held a hearing on a proposed food safety bill that will likely be moving through Congress this summer.

The proposed legislation, still in draft form, contains requirements that all food manufacturers write and carry out safety plans, pay an annual registration fee of $1,000 to the Food and Drug Administration (FDA) to fund increased inspections, and keep track of the distribution of all food products.

New FDA commissioner Margaret Hamburg testified that this bill is “a major step in the right direction.”  One would think that after the string of national Salmonella and E. coli O157:H7 outbreaks over the past year anyone could realize our nation’s food safety system needed to be reformed.  Unfortunately, that may not be the case.

Pamela G. Bailey, president of the Grocery Manufacturers Association, spoke at the hearing against a plan to charge food makers $1,000 per facility per year to pay for increased inspections, and was skeptical that the proposed changes would truly be beneficial.
 
Unfortunately for Ms. Bailey, consumers understand that a safety system largely based on industry self-regulation is simply not working.  The fox has guarded the henhouse for too long, and now is the time for real action.

The U.S. Department of Agriculture estimates that last year alone there were nearly 1.4 million cases of Salmonella, causing 415 deaths and costing our nation over $2.6 billion.  Similarly, last year there was more than 73,000 cases of E. coli O157:H7, including 38 deaths, and costing nearly $500 million.  Just recently the Salmonella outbreak associated with peanut butter produced by Peanut Corporation of America is estimated to have cost over $1 billion, and taken at least seven lives.

Americans deserve much better.  If even a tiny fraction of foodborne illness cases can be eliminated, the costs of increased inspections will be returned many times over, not just in money, but in lives.

History is not on the industry’s side in this debate. It has almost universally opposed increased regulation going all the way back to the historic Meat Inspection Act of 1906.  The wretched conditions of the Chicago meatpacking industry first described in The Jungle made the public demand safer food over one hundred years ago, and was the catalyst for reform then.  Once again, we must let industry and our elected officials know that reform is needed to reduce the prevalence of foodborne illness.

Undoubtedly reform is needed.  Increased inspections and traceability is a good start.  For the food industry to claim that a $1,000 per facility fee to improve and increase inspections is too great is simply foolish.  I wonder if Ms. Bailey would be willing to tell the families of those killed by foodborne illness that $1,000 a year was too much to pay to prevent the loss of a family member’s life?

To contact food poisoning lawyer Fred Pritzker, call 1-888-377-8900 (Toll Free). For a free case consultation, complete our form. PritzkerOlsen has collected millions for victims of E. coli, Salmonella, Listeria and other types of infectious disease carried by contaminated food.

FDA Laboratory Grants Will Help Fight E. coli O157:H7

The U.S. Food and Drug Administration has awarded $1.05 million in grants to three states to increase laboratory testing capacity, including capacity for analyzing food and bacteria during outbreaks of foodborne illness.

The agreement  enhances federal and state cooperation and is designed to strengthen our national response to food emergencies, including outbreaks of E. coli O157:H7, Salmonella and other infectious diseases.

National food poisoning and food safety law firm Pritzker Olsen Attorneys is acutely aware of the importance state health departments play in tracking outbreaks of potentially deadly foodborne illnesses. In January of this year, it was Minnesota's health investigators who first tracked the cause of a 3-month-old Salmonella outbreak to peanut products from Virginia-based Peanut Corp. of America.

Pritzker Olsen represents the families of three women -- one from Ohio and two from Minnesota --   whose deaths were tied to the outbreak. The firm is one of  only a few in the country that practices extensively in the area of foodborne illness litigation and its lawyers have won millions of dollars for clients. To contact food poisoning lawyers at the firm, call 1-888-377-8900 (Toll Free) or write to us online for a free case consultation

The three states -- Arkansas, Wisconsin and Nebraska -- each receive $350,000 for Food Emergency Response Network (FERN) chemistry laboratories, the FDA said.

According to an FDA press release dated June 2, here are the highlights of each grant:

  1. Arkansas – Arkansas Department of Health, Little Rock, Ark. The grant award will be used to increase the department’s ability to test for toxic and unknown substances in food products, provide regional support for national responses during food surveillance activities, increase state and local emergency response capacities and become more proficient in testing foods for toxic and unknown substances.
  2. Nebraska – Nebraska Department of Agriculture, Lincoln, Neb. The award will enable analyses of foods and food products in the event redundancy or additional laboratory capacity is needed for chemical-related analyses.
  3. Wisconsin – Wisconsin Department of Agriculture, Madison, Wis. The grant will provide for standing reserve capacity within the FERN for response to chemical-related analysis needs, or an event of such significance that it threatens the national food supply.

Food Safety Report Card Worse Than Meets The Eye

The Centers for Disease Control and Prevention's Emerging Infections Program collects data annually from 10 states on diseases caused by pathogens in food. The preliminary report covering 2008 showed no improvement on curbing foodborne illness, but national food safety lawyer Fred Pritzker says a closer look at the data shows the problem runs deeper. Mr. Pritzker is founder and president of national food poisoning law firm Pritzker Olsen Attorneys. He is involved in practically every major outbreak of foodborne illnesses and his firm has collected tens of millions of dollars for victims of food poisoning and their families. For more information about the firm, call 1-888-377-8900 (Toll Free) or write to us online for a free case consultation.

By FRED PRITZKER

The Federal government’s Foodborne Diseases Active Surveillance Network (FoodNet) recently released preliminary data about the frequency of certain foodborne illnesses in 10 monitoring states for the year 2008. This is the equivalent of the government’s report card for food safety. The scores, as they say, leave much room for improvement.

The “take away” point from this data is that “progress toward the national health objectives [for foodborne pathogens] has plateaued, suggesting that fundamental problems with bacterial and parasitic contamination are not being resolved.”

My comment [and their goal] is simply: “No Shit.”

Stripped of its “journal speak,” the data shows that after making progress for a few years, efforts to safeguard our food have gone nowhere.

"The lack of recent progress toward the national health objective targets and the occurrence of large multistate outbreaks points 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."

A closer reading of the data actually points to more serious problems. For example, in just one year (from 2007 to 2008), test samples of ground beef yielding E. coli O157:H7 nearly doubled from 0.24% to 0.47%. This is really quite shocking.

It was also interesting to note that only 25.7% of E. coli O157:H7 infections and 7.4% of Salmonella cases are associated with outbreaks. In other words, in the vast majority of human illness associated with these two pathogens, the source is never identified.

In a way, this is even more shocking. It shows we’re still very inadequate when it comes to testing for and analyzing foodborne pathogens – in other words, what we don’t know will hurt us.  

E coli Infection Kills Cleveland Girl - New Food Safety Laws Needed

On Sunday, a seven-year-old girl died from an E. coli infection that may be linked to an E. coli outbreak associated with consuming ground beef produced by Valley Meats LLC.  In response to this outbreak, the company recalled over 95,000 pounds of ground beef products that had been sold to restaurants and food service accounts.

When ground beef tests positive for E. coli O157:H7, it means cow feces got ground in with the meat. There are sanitation measures that meat producers can take to prevent this. When E. coli-contaminated ground beef is distributed, it means the producer did not test the meat for E. coli or sent it out even though it did test positive for E. coli. When ground beef (usually hamburgers) cooked by a restaurant transmits E. coli to a customer, it means the restaurant did not cook the meat adequately because E. coli can be killed with heat. 

This little girl’s death was preventable, and the companies that are responsible should payContact E. coli lawyers at Pritzker Olsen, a national E. coli litigation law firm, for information on compensation for E. coli victims and their families: 1-888-377-8900 (toll free) or submit our free consultation form for review by an attorney.

In addition to fighting for the best possible compensation package for E. coli victims and their families, our attorneys support changes in law and policy that will help prevent E. coli outbreaks. 

When Safe Tables Our Priority (S.T.O.P.) called needing a family member of a food poisoning victim to testify before Congress, we arranged to have one of our clients go to Washington and tell Congress about his mother who died from Salmonella poisoning. Congress and the population in general need to know that we have a food safety crisis in this country and that people are dying. 

We are asking all of our readers to contact their federal legislators to tell them we don’t want any more seven-year-olds to die because they ate ground beef or any other food product.

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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 Companies Try Shifting The Onus For Safety

Reporter Michael Moss of The New York Times has written a compelling story highlighting a sickening trend in the food industry: Shifting the onus for food safety onto consumers with cooking instructions and warnings on product packaging.

As Mr. Moss illustrates, it has started with frozen pot pies. It seems that manufacturers cannot make a safe product, so instead of correcting the problem or stopping production, they pass the problem to consumers. It's as if to say: "Here, you fix it. It's your responsiblity to cook it in such a way that it won't kill you.'''

Pot pies are food products.  As such, they are subject to the same product safety analysis that all product sellers and designers must utilize:

  1. Design out the defects.
  2. If the defects cannot be designed out, utilize an appropriate guard to protect users from the danger.
  3. If the danger cannot be designed out or guarded against, then, and only then, are you allowed to warn consumers of the danger. When warnings and instructions are the only option, they must be robust, legible and clearly advise people of the danger involved.

Even if the danger of foodborne illness cannot be designed out and guarded against (a debatable proposition), the food industry is hardly complying with a century of knowledge about adequate instructions and warnings.

If it were -- and we shouldn't hold our breath -- frozen pot pies would be required to carry a warning such as this:

DANGER: THIS PRODUCT MUST BE PRESUMED TO CONTAIN LIFE THREATENING PATHOGENS. IF YOU DO NOT FOLLOW THE ENCLOSED INSTRUCTIONS EXACTLY,
CONSUMPTION OF THIS FOOD PRODUCT MAY CAUSE DEATH OR SERIOUS INJURY.

_________________________________________________________

The author, Fred Pritzker, is founder and president of national food safety law firm Pritzker Olsen Attorneys. The firm is involved in practically every major outbreak of E. coli  O157:H7, Salmonella, Campylobacter, Listeria, Shigella and other foodborne illnesses. Mr. Pritzker and his associates have won millions of dollars for the victims of food poisoning and their families. For more information, contact Fred at 1-888-377-8900 (toll free) or write to us for a free case consultation.

New Food Safety Program is "Tinkering on the Margins''

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.

U.S. Justice Dept. Joins Suit Against Slaughterhouse

The U.S. Department of Justice has intervened on the side of the Humane Society of the United States in litigation against a southern California beef slaughterhouse that was caught on tape abusing cattle.

The lawsuit claims that the Westland/Hallmark Meat Co. in Chino, California, fraudulently claimed that all cattle slaughtered at the plant were handled humanely and that no meat from so-called "downer"  cows entered the food supply. At one time, the slaughterhouse was the second-largest supplier of ground beef to the national School Lunch Program and the federal government is seeking a return of $150 million in taxpayer money.

The undercover video released last year by the Humane Society showed packing plant workers dragging cattle that were too sick to walk, shocking them with electric prods, shooting streams of water in their faces and poking downed animals with a forklift. The video led to the February 2008 recall of 143 million pounds of beef out of  fear downer cattle entered the food supply. The slaughterhouse closed after the recall and criminal charges were filed against at least one worker at the plant..

The San Jose Mercury News newspaper quoted Tony West, assistant attorney general of the Justice Department's civil division, as saying: "The alleged misrepresentations by Hallmark and Westland could have impacted the health of many of our nation's most vulnerable citizens -- our schoolchildren.'' 

As the food safety lawyers at Pritzker Olsen can tell you, downer cows pose a greater public health risk, including bovine spongiform encephalopathy, or mad cow disease. Firm founder Fred Pritzker and members of his firm are frequent guests and commentators about food safety issues and have been interviewed by and profiled in a number of media sources including The New York Times, The Wall Street Journal, CNN, The Associated Press, Fox News and CBS News.

To contact the firm for foodborne illness representation, call 1-888-377-8900 (toll free) or write to us online to receive a free case consultation.

Recall of Alfalfa Seeds Associated with Salmonella Saintpaul

alfalfa-seeds.jpg Alfalfa seeds from Italy have been associate with a multistate Salmonella Saintpaul outbreak. After preliminary epidemiology regarding the ongoing outbreak of illness from Salmonella Saintpaul in people who had eaten alfalfa sprouts was shared with the supplier of the seeds, the supplier made the decision to voluntarily withdraw certain alfalfa seeds from the market.  According to an FDA alert, the recalled alfalfa seeds include the following:

[Seeds] in 50-pound white bags that are either paper or woven from a synthetic material, and the lot numbers in question begin with “032,” followed by a hyphen and three more digits. The bags carry a computer-generated white or yellow label, on which is printed “Distributed by Caudill Seed Company., 1402 W. Main St., Louisville KY 40203” and the lot number.

CDC Alfalfa Sprouts Salmonella Outbreak Information

CDC is providing updated information on the alfalfa sprouts Salmonella outbreak.  Here is the most recent information from the CDC (last modified April 27):

Since mid-March, 35 persons infected with the outbreak strain of Salmonella Saintpaul have been reported from 7 states. The number of ill persons identified in each state is as follows: Michigan (17), Minnesota (4), Ohio (3), Pennsylvania (6), South Dakota (2), Utah (1), and West Virginia (2). Cases are still being reported, and possible cases are in various stages of laboratory testing, so illnesses may be reported from other states. No deaths have been reported.

FDA Recommendations for Growers and Retailers

The FDA alert to growers, retailers and other businesses regarding the alfalfa seed recall provides recommendations for businesses:

Retailers, restaurateurs, and personnel at other food-service facilities should ask their suppliers to verify that the alfalfa sprouts or seeds being provided do not come from an affected lot before buying or serving them. Suppliers who can verify that their products were not sourced from the affected lots may wish to notify their customers; likewise, retailers, restaurateurs, and food-service facilities who have verified the sources of their alfalfa products may wish to notify their customers.
Seeds from the affected lots, lot numbers beginning with 032, and sprouts grown from them, should be safely discarded, as should other products that contain the sprouts, such as sprout blends.

Growers who have used seeds from the potentially contaminated lots should clean all equipment and other surfaces that came into contact with them. They should also safely discard any water that came into contact with the sprouts, and disinfect receptacles or equipment that came into contact with the water.

FDA has long-standing guidance for the sprout industry and continues to urge growers to follow this guidance, which can reduce the risk of contamination with Salmonella and other bacteria (available on the FDA web site at http://www.cfsan.fda.gov/~dms/sprougd1.html). FDA also urges retailers to use sprouts obtained from growers who follow the FDA guidance.

FDA Warning to Consumers Not to Eat Raw Alfalfa Sprouts

Although the FDA, CDC and state and local health officials have found at least one source of the sprouts Salmonella, FDA has not revised its warning to consumers not to eat raw alfalfa sprouts:

The US Food and Drug Administration and the Centers for Disease Control and Prevention (CDC) recommend that consumers not eat raw alfalfa sprouts, including sprout blends containing alfalfa sprouts, until further notice because of a risk of Salmonella serotype Saintpaul contamination.  As soon as the source of the contamination is identified, FDA will work with the alfalfa sprout industry to help identify which alfalfa sprouts are not connected with this contamination. Other types of sprouts have not been implicated at this time.

Pritzker Olsen law firm is representing people sickened after eating alfalfa sprouts.  For more information about the legal implications of this alfalfa seed recall, please call 1-888-377-8900 (toll free) or submit the free consultation form

More information: Alfalfa Sprouts Lawsuit, Salmonella Lawyer, Food Poisoning Lawyer.

Outbreak of E. coli at Day Camp Petting Zoo

This week’s Morbidity and Mortality Weekly Report (MMWR), a CDC publication, has an article about an E. coli outbreak associated with a day camp petting zoo:

On June 7, 2007, the Pinellas County Health Department in central Florida was notified by a private physician regarding a positive laboratory result for Shiga toxin--producing Escherichia coli O157 (STEC O157) infection in a child aged 9 years. Initial interviews revealed the child had attended a week-long session at a day camp and had come into contact with animals in the camp's petting zoo. On June 8, an investigation was begun by the Pinellas County Health Department; the same day, the petting zoo was closed on the recommendation of the health department.

The outbreak investigation identified seven cases of E. coli O157 infection: four laboratory-confirmed primary cases, two probable primary cases, and one laboratory-confirmed secondary case, all associated directly or indirectly with the petting zoo. Two children were hospitalized.

The symptoms reported were as follows:

  • Diarrhea with bloody stools (four patients)
  • Diarrhea without bloody stools (three)
  • Abdominal cramping (four)
  • Nausea (two)
  • Vomiting (two)
  • Fever (two)

Both epidemiological and microbiological evidence associated the petting zoo with the E. coli outbreak:

goat.jpgAll four campers with primary confirmed cases reported contact (e.g., petting, carrying, and feeding) with the petting zoo animals. Direct contact with the animals also was reported by a camper with probable infection; whether the second camper with probable infection had animal contact was unknown. Investigation revealed no common food, beverage, or recreational water exposures that might account for the STEC O157 infections.

Stool specimens from five of the seven children were collected during May 31--June 12. Specimens from the 30 zoo animals and four soil samples from the grounds of the petting zoo were collected by the Florida Department of Agriculture and Consumer Services on July 23. Four human clinical isolates of E. coli O157:NM (nonmotile), nine isolates from goats, and all four soil isolates had an identical pulsed-field gel electrophoresis (PFGE) pattern (EXHX01.0202) when tested at the Florida Public Health Laboratory. The PFGE pattern did not match any of the 30 other STEC O157 strains collected in Florida's E. coli database in 2007 and did not match any of the strains in the CDC PulseNet database. One isolate from a goat had a different PFGE pattern from the human clinical isolates.

On June 8, the first day of the Pinellas County Health Department investigation, the petting zoo was closed on the recommendation of the county health department. The zoo animals were placed under quarantine for E. coli O157:NM colonization. Subsequently, no additional cases of STEC O157 infection were reported among campers or staff members.

This a good reminder to petting zoo operators that they should adhere to CDC guidelines for supervised handwashing and other prevention measures (e.g., no eating near the pens) when children are around animals.

FDA Seizes Salmonella Peanuts From Westco

U.S. Marshals have seized $34,500 worth of Peanut Corp. of America (PCA) peanuts and products containing the peanuts from Westco Fruit and Nut Co. Inc., a private firm that refused to voluntarily recall food suspected of containing a strain of Salmonella blamed for nine deaths.

The Food and Drug Administration said the raid occurred this week at Westco's headquarters in Irvington, N.J.

The situation at Westco has highlighted a legal weakness at FDA when it comes to policing food safety. Even though PCA's Salmonella-laced peanuts were known to have caused more than 700 illnesses in 46 states and nine deaths, the agency didn't have legal authority to demand a recall of products known to contain the deadly pathogens.

National food safety law firm Pritzker Olsen and its clients have been demanding changes to food safety laws for years. The firm represents the families of three women who died from peanut product Salmonella infections since last December. A Salmonella wrongful death lawsuit has been filed against PCA in connection with the deaths. In addition, Jeffrey Almer, the son of one of the victims, provided star testimony before a congressional panel earlier this year investigating the deadly outbreak.

According to the FDA, here's an update on what has taken place at Westco. The firm has yet to issue a voluntary recall of products it sold to market containing PCA peanuts:

On March 23, 2009, the FDA asked to voluntarily recall all of its products containing peanuts from PCA because of the contamination threat. Westco refused. The owner said it would be economic suicide for his business. On April 8, 2009, the FDA served Westco with an inspection warrant in an attempt to gain access to the company’s distribution records.

More than a month after the initial request, on April 27, the FDA asked the Marshals to go in and take undistributed product. They did.

If you have been injured by a serious case of food poisoning, call Pritzker Olsen at 1-888-377-8900 (toll free). To receive a free case consultation online, write to us.

 Fred Pritzker, the president and founder of the firm, is a frequent guest and commentator about food safety issues and has been interviewed by and profiled in a number of media sources including The New York Times, The Wall Street Journal, CNN and The Associated Press.

Alfalfa Sprouts Linked to Salmonella Outbreak

Pritzker Olsen law firm is representing people sickened in a mutistate Salmonella outbreak linked to raw alfalfa sprouts.

alfalfa-sprouts-outbreak.jpg This outbreak continues to widen, and the FDA and CDC are recommending that consumers not eat raw alfalfa sprouts, including sprout blends containing alfalfa sprouts, which have been linked to widespread Salmonella serotype Saintpaul contamination. Other types of sprouts have not been implicated at this time.

According to an FDA announcement:

The investigation indicates that the problem may be linked to contamination of seeds for alfalfa sprouts. Because suspect lots of seeds may be sold around the country and may account for a large proportion of the alfalfa seeds currently being used by sprout growers, and cases of illness are spread across multiple states, FDA and CDC are issuing this general advisory.

FDA will work with the alfalfa sprout industry to help identify which seeds and alfalfa sprouts are not connected with this contamination, so that this advisory can be changed as quickly as possible.

CDC, FDA and state and local authorities in six states have associated this outbreak with eating raw alfalfa sprouts. Michigan, Minnesota, Pennsylvania, South Dakota, Utah, and West Virginia have reported 31 cases of illness with the outbreak strain of Salmonella Saintpaul to CDC. Most of those who became ill reported eating raw alfalfa sprouts.  Some reported eating raw sprouts at restaurants; others reported purchasing the raw sprouts at the retail level.

The illnesses began in mid-March. Cases are still being reported, and possible cases are in various stages of laboratory testing, so illnesses may appear in other states. No deaths have been reported. The number of infected people may be higher than currently reported because some illnesses have not yet been confirmed with laboratory testing.

The CDC and FDA recommend at all times that persons at high risk for complications, such as the elderly, young children, and those with compromised immune systems, not eat raw sprouts because of the risk of contamination with Salmonella or other bacteria. Salmonella is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy individuals infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses, such as meningitis and bone infections.

Initial investigation results trace the contaminated raw alfalfa sprouts to multiple sprout growers in multiple states. This suggests a potential problem with the seeds used, as well as the possible failure of the sprout growers involved to appropriately and consistently follow the FDA Sprout Guidance issued in 1999 http://www.cfsan.fda.gov/~dms/sprougd1.html. The guidance recommends an effective seed disinfection treatment immediately before the start of sprouting (such as treating seed in 20,000 parts per million Calcium hypochlorite solution with agitation for 15 minutes) and regularly testing the water used for every batch of sprouts for Salmonella and E coli O157:H7 contamination.

This outbreak appears to be an extension of an earlier outbreak in 2009. In February and March, an outbreak of Salmonella Saintpaul infections occurred in Nebraska, South Dakota, Iowa, Kansas, and Minnesota. This outbreak was linked to raw alfalfa sprouts, and the outbreak strain was indistinguishable from that of these recently reported cases.  A separate outbreak of Listeria monocytogenes infections was also linked to sprouts in 2009. In the 1990s, a number of outbreaks related to sprouts led FDA to issue its guidance. Experience over the past decade has shown that the likelihood of Salmonella in sprouts can be minimized when recommendations from FDA’s Sprout Guidance are followed.

Preventive controls are very important in the growing of alfalfa sprouts. FDA reminds sprout growers to be vigilant in their food safety practices and strongly encourages sprout growers to follow the Agency’s Sprout Guidance. Additionally, the United Fresh Produce Association has advised all of its members to follow FDA’s guidance on sprouts. FDA appreciates that the produce industry has reinforced this message and reminds retailers that it is prudent to sell sprouts from growers who follow FDA's recommendations.

There are a number of parties that may be liable for illnesses related to this Salmonella outbreak:

  • The grower of the alfalfa sprouts
  • The processor
  • The distributor
  • A restaurant, deli, cafeteria or other eating establishment

Many of the victims of this outbreak consumed the Salmonella-contaminated sprouts at restaurants.  Generally, restaurants are liable for any illnesses associated with their food, even if the the food was contaminated with Salmonella before it got to the restaurant.

Compensation for victims of Salmonella outbreaks may include the following:

  • Medical Expenses (past and future)
  • Lost income (past and future)
  • Pain and suffering (past and future), including physical pain, suffering, emotional distress and disability

For more information and a free consultation, please contact our law firm: 1-888-377-8900 or submit our free consultation form.


 

Paramedics Attend To Restaurant Patrons in Raleigh

Paramedics were called to a restaurant Friday night in Raleigh, North Carolina, to attend to at least nine cases of possible foodborne illness.

Independent Weekly quoted a Wake County health official saying that an outbreak of illness was under investigation, but the official wouldn't even say if the patients ate at the same restaurant.

"Typically we don't implicate a facility until we have confirmation of lab results,'' Andre Pierce, director of environmental health and safety division of the county's environmental services division, told the weekly. "The investigation is ongoing and we don't have any results yet.''

But the newspaper checked with the Raleigh-Wake 911 Center and an official there said the center received an emergency call shortly before 10 p.m. Friday for help at Evoo, a Mediterranean restaurant in Raleigh's Five Points.

When the paramedic unit arrived, it called for backup and additional personnel were dispatched to the scene. In all, the newspaper reported, nine rescuers attended to victims at the restaurant.

According to the online comments of an unidentified reader of the Independent Weekly story, investigators are not only investigating for possible food poisoning. Reportedly, the officials also are looking at the possibility that a virus was brought into the restaurant by a customer or third party.

If you or someone you know has become seriously ill from food poisoning, call a food poisoning attorney at PritzkerOlsen, P.A., one of the few law firms in the country practicing extensively in the area of foodborne illness litigation. Our lawyers are recognized nationally and have been quoted or featured in The New York Times, Wall Street Journal, The Associated Press, CNN, Fox News and CBS News.

To contact one of our attorneys, call 1-888-377-8900 (toll free) or complete one of our free online case consultation forms.

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.

Upstream, Downstream; Everyone Must be Responsible

By FRED PRITZKER

The whole point of a food recall is to prevent additional foodborne illness after producers and their adulterated products are identified. That’s why it’s so important for food companies, food distributors, food retailers and federal, state and local authorities to promptly and effectively remove from the marketplace any food known or reasonably certain to cause illness or death.

That’s also why there should be a special place in food safety hell for those companies that knew or should have known a food product was dangerous but continued to sell it anyway. 

The ongoing Salmonella outbreak involving Peanut Corporation of America (PCA) is a case in point. It appears from the company’s emails that its officers and employees knowingly shipped adulterated product. If so, the company’s liquidation and the criminal investigation of its principals are both necessary and fair.

But what about the downstream retailers of food products containing adulterated PCA ingredients? Aren’t they just as culpable if they fail to remove contaminated product from their shelves after they knew or should have known of the recall?

This is not an idle musing. Long after the PCA recall was announced and long after the list of adulterated products was known and accessible on a variety of web sites, retailers big and tiny continued to sell these poisonous snacks. I know because I looked.

Many of the recalled products were snack foods with long shelf lives and wide distribution. Many of the retailers who sell them are small outlets with small product stocks and unsophisticated (if any) recall procedures. For many such retailers, there is little economic justification for removing dangerous products and even less risk of public approbation for failing to do so – little consolation for the victims who continue to get sick long after the products should have been removed.

Perversely, the legal system in many states promotes such behavior. So called “pass through statutes” are intended to insulate downstream retailers from lawsuit liability if the upstream producer or manufacturer of the dangerous product is identifiable and solvent. In such cases, the retailer is automatically dismissed from litigation and bears no financial responsibility (dismissals can be avoided if the downstream retailer modified the product or otherwise actively participated in making the product defective).

So what should be done? From the standpoint of efficacy and efficiency, better product traceback and notification systems have to be designed and implemented. However, I have no illusions that any such improvements are really going to rid long lived snacks from the shelves of retailers disinclined to care all that much. What will incentivize such retailers is the threat of criminal sanctions and financial responsibility.

First, create a tight and focused criminal law that makes it a crime to sell a food product that a retailer knows or should know has been recalled.  We do it for sales of liquor and cigarettes to minors; there is no reason not to do it for dangerous food products.  If criminalizing the behavior is too extreme, create economic penalties by allowing consumers to prove such illegal sales and awarding them attorney fees if they’re successful. Again, there is precedent for such measures in consumer protection statutes on the books in virtually every state.

To promote food safety, everyone up and down the stream of commerce has to act and bear responsibility and should be held accountable for failing to do so.

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. His practice is featured in Minnesota Lawyer and his firm has won numerous million- and multi-million-dollar settlements and verdicts. To contact the firm, call 1-888-377-8900 (toll free) or complete a free case consultation form. 

The Opaque World of American Food Safety

By FRED PRITZKER

The buzzword de jour is “transparency.”

 Transparency in financial markets, transparency in budgets, transparency in political contributions, transparency in just about everything except the one thing everyone pays for and no one can live without: food.

 You’re concerned about the peanut butter you eat and want to know where it came from and the sanitation track record of the company that produced it? Good luck.

You’re going out to eat at a fancy restaurant (or the corner “greasy spoon”) and want to know how it scored on its last sanitation inspection? Fat chance if you live in my home state of Minnesota or one of the other states that does not require posting of restaurant inspection scores.

Meat packing plants are inspected by the United States Department of Agriculture’s Food Safety and Inspection Service. If an inspector finds an unsanitary condition, a Noncompliance Record (NR) is issued. An unsafe plant may have a long trail of such NRs (the knowledge of which would help consumers make informed choices about purchasing products from such processors). Unfortunately, trying to access such records requires a FOIA request (and perhaps a law or journalism degree) and the willingness to wait months or even years to obtain the results.

This is lunacy. As the United States Congress mulls over revamping our system of food safety and sanitation, it must require the free and efficient exchange of inspection records that directly impact consumers’ food purchase choices. This is true for meat packers, food producers and restaurants.

Fred Pritzker is founder and president of national food safety law firm PritzkerOlsen Attorneys. He currently represents victims of the national 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, CBS News, The New York Times, The Wall Street Journal and Fox News, as well as many regional newspapers and network affiliate television stations. His practice has been highlighted in a feature story by Minnesota Lawyer and his firm has won numerous million- and multi-million-dollar settlements and verdicts. To contact the firm, call 1-888-377-8900 (toll free) or fill out a free case consultation form.

Former FDA Executive Says It's Time For A Change

A former deputy commissioner for policy at the Food and Drug Administration (FDA) is among those who support the idea of stripping food safety responsibility from the agency and creating a new Food Safety Administration within the Department of Health and Human Services.

Michael R. Taylor, who is now research professor of health policy at the School of Public Health at George Washington University, said in a press release Wednesday that a unified and elevated management structure for food safety is needed to implement a science- and risk-based program dedicated to preventing foodborne illness.

Taylor's credentials include a stint as administrator of the USDA's Food Safety and Inspection Service.

His position was announced in conjunction with the release of a new report on food safety regulation by Trust for America's Health and the Robert Wood Johnson Foundation. The report emphasized FDA's shortcomings, saying that the vast majority of foodborne illnesses are associated with products regulated by the FDA -- including peanut butter.

The ongoing peanut butter Salmonella  outbreak has claimed nine lives and sickened more than 691 people in 46 states. It has been linked to Peanut Corporation of America, a company with faciities and operating conditions dangerous enough to prompt a Salmonella wrongful death lawsuit by national food safety law firm PritzkerOlsen Attorneys.

According to the report, a central problem at FDA is a bureacracy that includes three major food safety components that are all managed separately.

"No FDA official whose full time job is food safety hasline authority over all food safety functions,'' the report said. The three branches should immediately be consolidated at FDA, until a new Food Safety Administration can be created within the U.S. Health and Human Services, the report said. 

Obama: Food Poisoning Is 'Unacceptable Hazard'

Saying that the rise of food poisoning in America has become an "unacceptable hazard to human health,'' President Barack Obama today announced changes designed to streamline and beef up food safety laws and inspection.

The president devoted his weekly address to the issue and officially announced Dr. Margaret Hamburg as his appointee to become the new commissioner of the U.S. Food and Drug Administration.  Some highlights from his address:

  • The Obama Administration is creating a new Food Safety Working Group chaired by the secretaries of Health and Human Services and the Department of Agriculture. The group is to examine food safety laws in search of needed upgrades and enforcement capability.
  • Government will invest $1 billion in the FDA to "substantially increase'' the number of food inspectors and modernize food safety labs.
  • Announced the appointment of Dr. Joshua Sharfstein of Baltimore as principal deputy commissioner of FDA.

The president noted a "disturbing" trend in foodborne illness outbreaks, saying the number of outbreaks in a year averaged about 100 in the early 1990s. Now, a typical year generates some 350 illness outbreaks, including E. coli O157:H7, Salmonella, Listeria and Campylobacter.

 In fact, the president specifically referred to nine deaths from the current peanut butter Salmonella outbreak . National food safety law firm PrtizkerOlsen Attorneys has been playing an important role. The firm represents the families of three of the nine people who have died. One of the clients, Jeffrey Almer, gave powerful testimony  to a Congressional panel investigating the outbreak.

Obama said the deaths of Shirley Almer, Doris Flatgard, Nellie Napier and the six other victims is "a powerful reminder of how tragic the consequences can be when food producers act irresponsibly and government is unable to do its job.''

The president closed his remarks with a touching personal observation. The full transcript of his address is available online from the White House and so is the video.

"In the end, food safety is something I take seriously, not just as your President, but as a parent. When I heard peanut products were being contaminated earlier this year, I immediately thought of my 7-year old daughter, Sasha, who has peanut butter sandwiches for lunch probably three times a week. No parent should have to worry that their child is going to get sick from their lunch. Just as no family should have to worry that the medicines they buy will cause them harm. Protecting the safety of our food and drugs is one of the most fundamental responsibilities government has, and, with the outstanding team I am announcing today, it is a responsibility that I intend to uphold in the months and years to come.''

Connecticut Considering Tougher Regulations on Retail Raw Milk

Last summer, an E. coli outbreak linked to raw milk produced at a Simsbury, Connecticut dairy sickened 7 people, two of them toddlers who developed hemolytic uremic syndrome (HUS), a life-threatening illness that causes kidney failure. 

bottle-of-milk.jpgIn response, the Connecticut General Assembly is considering legislation that puts a few more restrictions on the sale of raw milk:

  • Raw milk would only be able to be “sold or offered for sale, transferred, exchanged or bartered only on the premises where the retail raw milk was produced” (Sec. 1 (h)).
  • Sellers of raw milk would be required to prominently display the following warning on each container of retail raw milk: "Warning: Raw milk has not been pasteurized and may contain harmful bacteria. Pregnant women, children, the elderly and persons with lowered resistance to disease have the highest risk of serious illness from use of this product" (Sec. 1 (f)).
  • The warning would have to be posted “in plain view” by the retail raw milk that is being offered for sale.
  • Retail raw milk producers would be required to test and have analyzed retail raw milk and all animals that produce the raw milk.

Raw milk advocates oppose the legislation. One state representative told The New York Times:

“The Department of Agriculture seems absolutely bent on putting the raw milk farmers out of business,” said Representative Diana Urban, Democrat from Stonington, environment committee member and a lifelong raw milk drinker. “I do understand,” she said referring to the health concerns, “but I believe we have adequate safeguards in place.”

There were not “adequate safeguards” to protect seven people from getting sick last summer after drinking raw milk produced in Connecticut. 

Two mothers whose children were sickened in the outbreak are campaigning for stricter legislation, according to The New York Times:

Erin Barringer of West Hartford, whose daughter contracted E. coli from a child who drank raw milk, according to health officials, is helping to campaign for the stricter legislation. “It can be frustrating at times because I think everybody’s lost sight of who the victims are,” said Ms. Barringer, whose daughter, Emma, was 2 years and 10 months old when she got sick, even though she herself never drank raw milk.

Ms. Barringer believes raw milk poses a public health threat and has solicited support from national organizations like the Center for Science in the Public Interest, which sent a letter backing the legislation. . . .

Kim Piccioli, of West Hartford, who said her son drank raw milk from the Simsbury dairy, said doctors told her that he may have permanent kidney damage. She said that she had not been aware of the dangers of raw milk and that the milk she bought did not have its required health warning label.

“No one’s taking it away,” she said. “We’re just putting some limitations on it.”

The Food and Drug Administration has been educating the public about the dangers of raw milk for years:

Drinking raw (untreated) milk or eating raw milk products is "like playing Russian roulette with your health," says John Sheehan, director of the Food and Drug Administration's Division of Dairy and Egg Safety. "We see a number of cases of foodborne illness every year related to the consumption of raw milk."

People with weakened immune systems, such as elderly people, children, and those with certain diseases or conditions, are most at risk for severe infections from pathogens that may be present in raw milk. In pregnant women, Listeria monocytogenes-caused illness can result in miscarriage, fetal death, or illness or death of a newborn infant. And Escherichia coli infection has been linked to hemolytic uremic syndrome, a condition that can cause kidney failure and death.

We welcome your comments. Do you think the sale of raw milk should be regulated? Do you think the sale of raw milk should be banned?

Reports Say FDA Has A New Chief

Press reports indicate that President Obama has chosen Margaret Hamburg, the fomer New York City health commissioner, to head the troubled Food and Drug Administration (FDA).

On the food side of the FDA, the nominee would inherit an agency that has been criticized repeatedly for failing to keep the food supply safe from deadly pathogens. Currently, the FDA is monitoring a Salmonella Typhimurium outbreak related to peanut butter and other peanut products that has killed nine and sickened more than 683 people in 46 states.

Fred Pritzker, founder and president of national food safety law firm PritzkerOlsen Attorneys, has been among the critics who have said the food regulation at the FDA and other federal agencies needs to be restructured. PritzkerOlsen represent the families of three of the nine people who died in the Peanut Corporation of America Salmonella outbreak.

Neither the White House nor Ms. Hamburg has confirmed the news reports, which first appeared in The Associated Press and The Washington Post.

The Post said Joshua Sharfstein, Baltimore's health commissioner, would be Ms. Hamburg's chief deputy.

Ms. Hamburg, 43, is a graduate of Radcliffe College and Harvard Medical School. One of her primary interests has been the study of bioterrorism.

"Miracle Liquid" May Prevent Foodborne Illness

water.jpgA simple mixture of table salt and tap water whose ions have been scrambled with an electric current—dubbed electrolyzed water by researchers and miracle liquid by hotel housekeepers—is safe enough to drink and strong enough to kill E. coli, Listeria, Salmonella and other foodborne pathogens, according to an article in the Los Angeles Times:

Used as a sanitizer for decades in Russia and Japan, it's slowly winning acceptance in the United States. A New York poultry processor uses it to kill salmonella on chicken carcasses. Minnesota grocery clerks spray sticky conveyors in the checkout lanes.

. . . It turns out that zapping salt water with low-voltage electricity creates a couple of powerful yet nontoxic cleaning agents. Sodium ions are converted into sodium hydroxide, an alkaline liquid that cleans and degreases like detergent, but without the scrubbing bubbles. Chloride ions become hypochlorous acid, a potent disinfectant known as acid water.

"It's 10 times more effective than bleach in killing bacteria," said Yen-Con Hung, a professor of food science at the University of Georgia-Griffin, who has been researching electrolyzed water for more than a decade. "And it's safe."

. . . Minnesota food scientist Joellen Feirtag said she was similarly skeptical. So she installed an electrolysis unit in her laboratory and began researching the technology. She found that the acid water killed E. coli, Salmonella, Listeria and other nasty pathogens. Yet it was gentle enough to soothe her children's sunburns and acne.

She's now encouraging food processors to take a look at electrolyzed water to help combat the disease outbreaks that have roiled the industry. Most are dubious.

"This sounds too good to be true, which is really the biggest problem," said Feirtag, an associate professor at the University of Minnesota. "But it's only a matter of time before this becomes mainstream."

Read the full article, “Simple elixir called a ‘miracle liquid’.”

Senate Launches Food Safety Bill

Four Senate Democrats and four Republicans have launched a food safety bill that would strengthen the hand of the U.S. Food and Drug Administration in detecting, minimizing and preventing food poisoning outbreaks.

The Food Safety Modernization Act of 2009 was announced Tuesday and it is more pragmatic than a House bill that calls for more sweeping change in the FDA and other institutions that share jurisdiction for keeping the food supply safe.

PritzkerOlsen Attorneys, a national food safety law firm based in Minneapolis, is watching closely as the action in Congress unfolds. Jeffrey Almer, a client of the firm, gave key testimony last month before a Congressional panel investigating Peanut Corporation of America in connection with the 45-state outbreak of peanut-related Salmonella that has sickened 677 individuals and killed nine.

Shirley Mae Almer, Jeffrey's mother, was one of the nine who died.

The authors of the Senate bill include Sen. Amy Klobuchar of Minnesota, Dick Durbin of Illinois, Edward Kennedy of Massachusetts and Republican Sen. Saxby Chambliss of Georgia -- the nation's leading peanut producing state.

Klobuchar told reporter David Shaffer of the Star Tribune the Senate bill would give FDA immediate tools to improve food safety. She said she would support broader reforms once the Obama Administration appoints a new FDA commissioner and lays out its food-safety agenda.

From various summaries of the bill, here are some of the highlights:

  • FDA would be able to suspend registration of a food facility if there was a reasonable probability that products were a threat to human health.
  • Requires Health and Human Services to establish a pilot project to develop new methods to trace and tract the source of food poisoning outbreaks when fruits or vegetables are implicated.
  • Would increase funding, partly for increased inspections of food facilities.
  • Would expand FDA's access to company or third-party test results for Salmonella and other pathogens in food plants.
  • Allows FDA to take steps to assure that third-party food-testing labs meet high quality standards and requires them to report  results to FDA.
  • Allows FDA to enter into agreements with foreign governments to facilitate the inspection of foreign plants.
  • Directs FDA to establish offices in at least five foreign nations to improve agency's presence overseas.

Corporate Dairy Supersizes E. coli Threat

The Wisconsin Department of Natural Resources has approved a plan for a 4,000-cow dairy operation that some residents of Fond du Lac County opposed on grounds that liquified manure from the cows could pollute groundwater and cause sickness.1

In other words, the risk of E. coli O157:H7 in that area of the Midwest has just been supersized.

The owners of Rosendale Dairy in Rosendale, Wisconsin, received a wastewater discharge permit under a plan that calls for the manure to be systematically spread over 5,600 surrounding acres. The dairy itself is 2,500 acres.

One of the concerns raised by opponents was E. coli. Spills of dairy cow manure have polluted lakes and water wells in the past. In 2004, for example, the Wisconsin DNR received a report that three children near Luxemburg in Kewaunee County became infected with E. coli bacteria after a farmer with a dairy operation of more than 700 cows spread manure near their home.2

E. coli O157:H7, a deadly pathogen, lives in the hindguts of cows without threatening the health of the animals. The bacteria is discharged in manure and can spread into well water supplies or contaminate fields of produce. Currently in Oklahoma, experts are investigating whether manure from large poultry operations caused a major outbreak last year of E coli 0111 that killed one man and sickened more than 300 others. The chicken manure is spread on fields around Locust Grove, Oklahoma, home of the restaurant where the disease spread.

Traditionally, dairy cow manure was scattered in clumps over fields. Today, large operators liquify it for easier handling. Besides being more odorous, the waste can more easily reach waterways and groundwater when it's in liquid form.

Todd Ambs, water division administrator for the Wisconsin DNR, told the Milwaukee Journal Sentinel that the Rosendale Dairy situation is a classic case of the agency getting pulled in two directions.

"Agriculture is be far our most important industry, and good water quality undergirds much of our quality of life and our economic health,'' Ambs said.

Part of the winning argument in the case of Rosendale Dairy was the owners' assertion that the farm will create 70 permanent jobs. The company ultimately wants to expand to 8,000 cows.

In that configuration, the operation would fill 11 tanker trucks of milk a day and produce more waste than the City of Green Bay.

References:1 The Business Journal of Milwaukee, March 2, 2009; 2 The Milwaukee Journal Sentinel, March 1, 2009.

Seafood Firm Neglected Food Safety Obligations

A Minneapolis seafood firm that failed to adhere to food safety laws has been blocked from operating under a ruling in federal court.

The U.S. Food and Drug Administration announced the injunction this week against Captain's Select Seafood Inc.. The company got into trouble with the FDA last June for not having adequate plans for identifying food safety hazards and preventing them.

At the time, the FDA said the company had paperwork violations that ran from 2004 through at least early 2008. Under the injunction, Captain's Select can't resume business without getting the FDA or a federal court to sign off on its paperwork.

The company packaged, held and distributed a variety of fresh, frozen and ready-to-eat fish products from suppliers in Florida, Maine, Maryland and Massachusetts.

Tom Kane, an attorney for the seafood firm, said the permanent injunction is "meaningless" because the company has been effectively out of business since soon after the FDA filed its initial complaint. Kane said the company believed it had filled out the paperwork properly.

Salmonella Outbreak Spoils Consumer Confidence

The Salmonella outbreak caused by Peanut Corporation of America has raised consumer doubts about the safety of our food supply.

The University of Minnesota Food Industry Center said that only 22.5 percent of consumers in a recent survey said they were confident that the food supply was safer than a year ago.

It was the lowest reading since the study began in May 2008. A similar drop in confidence occurred last summer when a Salmonella outbreak sickened nearly 1,500 people across the country. Health officials first attributed the outbreak to contaminated tomatoes, but later discovered that the outbreak was caused by Mexican-grown jalapeno peppers.

The current outbreak, which has killed nine people and sickened more than 650 others, is linked to Virginia-based Peanut Corporation of America. The company has gone out of business and filed a Chapter 7 bankruptcy petition to liquidate. But that won't stop federal investigators from pursuing possible criminal charges, nor will it stop a peanut butter wrongful death lawsuit filed by PritzkerOlsen Attorneys.

The national food safety law firm represents clients from across the country including the families of three women who died in the outbreak -- two from Minnesota and one from Ohio.

The consumer study continuously tracks confidence in the American food supply via weekly online surveys of 175 people from across the country. A new group is chosen every week by a national market research firm. The U of M conducts the study jointly with Louisiana State University's Ag Center. It is funded by the National Center for Food Protection and Defense. 

Texas Calls for Recall of all Peanut Corporation of America Products Shipped from Plainview, Texas Plant

A state health department has taken a firm stand against Peanut Corporation of America (pay attention FDA, and you might learn something). From a press release issued today by the Texas Department of State Health Services:

The Texas Department of State Health Services today ordered Peanut Corporation of America to recall all products ever shipped from its Plainview plant. The order was issued after dead rodents, rodent excrement and bird feathers were discovered yesterday in a crawl space above a production area during an in-depth DSHS inspection.

The inspection also found that the plant’s air handling system was not completely sealed and was pulling debris from the infested crawl space into production areas of the plant resulting in the adulteration of exposed food products.

DSHS also ordered the plant, which began operations in March 2005, to stop producing and distributing food products.  Though plant officials voluntarily stopped operations Monday night, the DSHS order prohibits the plant from reopening without DSHS approval.

State law allows DSHS to issue such orders when conditions exist that pose “... an immediate and serious threat to human life or health.”

Laboratory tests are being done on food and environmental samples from the plant, but DSHS officials said today’s orders are not contingent on finding Salmonella or other illness-causing organisms.

The orders were signed by DSHS Commissioner David Lakey, M.D.

Our only line of defense against companies like Peanut Corporation of America seems to be state departments of health.  The FDA has consistently put profits ahead of food safety.

We welcome your comments.  Do you think that the FDA is protecting your family from dangerous food products?

Families, School Groups Urged To Take E. coli Precautions on Trips to Livestock Shows, Petting Zoos

FOR IMMEDIATE RELEASE
Contact: Fred Pritzker 1-888-3777-8900 (toll-free)

MINNEAPOLIS, MN – February 6, 2009 – Eating contaminated food is still far and away the most common way for people to become infected with E. coli O157:H7, a deadly pathogen that sickens more than 70,000 Americans each year.

But national food safety law firm PritzkerOlsen Attorneys is reminding families early in 2009 that contact with animals at livestock shows, petting zoos and other exhibits is another proven way for the organism to travel.

The law firm's warning stems from a current E. coli O157:H7 outbreak in Colorado. Health officials there are investigating an apparent connection between a growing number of genetically matched infections and attendance at the recent Western National Stock Show in Denver.

According to numerous press reports, at least 20 people who live on the Front Range in Colorado have been infected with the same strain of E. coli. Sixteen of the illnesses are in children who attended the animal exhibit, including a child who is 17 months old. The two-week show drew more than 643,000 attendees before it ended January 25 and health officials expect the number of E. coli O157:H7 infections in the current outbreak to grow.

"This outbreak should not have happened and could have been prevented,'' said Fred Pritzker, founder and president of PritzkerOlsen. "When stock shows encourage or permit public contact with animals, there is a well known risk of E. coli O157:H7 infection and equally well known measures that should be in place to prevent such infections.''

Pritzker said the Centers for Disease Control and Prevention (CDC) and the National Association of State Public Health Veterinarians, Inc. (NASPHV) published a compendium of such infection prevention measures almost four years ago.

"Although the matter is still under investigation, it seems likely that rules of this sort were not implemented or followed,'' he said.

Escherichia coli O157:H7 is a rare variety of E. coli that produces a toxin that causes severe damage to the lining of the intestine. Specifically, the acute disease caused by E. coli O157:H7 is hemorrhagic colitis. E. coli O157:H7 can also result in hemolytic uremic syndrome (HUS), the leading cause of kidney failure in children in the United States.

With the understanding that children are more at risk for being seriously injured or killed by E. coli O157:H7 infection, it is imperative for families and school groups to take precautions while attending petting zoos, livestock shows and other animal exhibits.

Based on guidelines set by the (CDC) and the National Ag Safety Database, PritzkerOlsen presents the following strategies to reduce the risk of E. coli transmission in settings with animals:

  • Locate hand-washing stations and always wash your hands after being in an area with animals, even if you don't touch them. Bacteria can be spread by shaking hands, touching railings or coming in contact with soil.
  • Running water and soap are best for hand washing. Where there is no running water, hand sanitizing gel is better than nothing.
  • Don't consume food or drinks in any area shared with animals.
  • Older adults, pregnant women, people with weakened immune systems and young children should be extra careful.
  • Avoid hand-mouth activities such as smoking, drinking or nail biting in any area shared with animals.
  • Do not eat or drink raw (unpasteurized) milk or other dairy products.
  • Children younger than 5 years old need adult supervision around animals.
  • Never allow children to put their hands, toys, pacifiers or other objects in their mouths while around animals.
  • Supervise the hand washing of children.
  • Even after hand washing, be aware that exposure to E. coli O157:H7 can come from shoes, contaminated clothing or even strollers that were in areas shared with animals.

PritzkerOlsen currently is representing victims of the nationwide Salmonella outbreak linked to peanut butter and peanut products made by Peanut Corporation of America at a plant in Blakely, Georgia.  The Minneapolis-based firm is representing the families of two Minnesota women who died in the outbreak after consuming contaminated peanut butter served on toast.

In one case, Pritzker already has filed a wrongful death lawsuit against Peanut Corporation of America and King Nut Companies, a peanut butter distributor.

PritzkerOlsen has considerable experience and a reputation for success in representing survivors of foodborne illnesses, including E. coli, Listeria, Salmonella and Shigella. The firm is involved in virtually every national outbreak and has collected large sums on behalf of people injured or killed by adulterated food.

In addition, the firm is devoted to educating the public about food safety issues and advocating 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.

Pritzker and members of his firm are frequent guests and commentators about food safety issues and have been interviewed by and profiled in a number of media sources including The New York Times, The Wall Street Journal, The Associated Press and CNN.

For more information, visit http://www.pritzkerlaw.com or contact Fred Pritzker at 1-888-377-8900 (toll-free). PritzkerOlsen has offices are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402

###

Multi-State Salmonella Outbreak Under Investigation

The U.S. Centers for Disease Control and Prevention (CDC), along with health officials from several states, is trying to identify the source of an outbreak of Salmonella Typhimurium that has sickened more than 300 people.

Reports varied slightly Wednesday on the scope of the outbreak. USA Today, which talked to CDC Deputy Chief of Enteric Diseases Frederick Angulo, reported that 388 people in 42 states have been made ill over the past three months. Some have been sent to the hospital, the newspaper reported.

The Ohio Department of Health issued a press release saying that Ohio ranks second in the nation for number of confirmed cases in the outbreak with 50. In Ohio, the first known illnesses originated in October.

Ohio officials said they were participating in the CDC's multi-state investigation to find the cause of the outbreak. The cases match each other by their DNA fingerprint, the Ohio Department of Health said.

Angulo told USA Today that the "lead hypothesis'' is chicken, but he added that it could be hard to prove or trace back because so many people eat chicken.

Doug Schultz, a spokesman for the Minnesota Department of Health, told the Center for Infectious Disease Research & Policy (CIDRAP) that Minnesota has 30 cases linked to the national outbreak. More are expected. Schultz told CIDRAP that Minnesota is helping to look for a cause to the outbreak and has a team of researchers conducting case-control studies.

Consumption of food contaminated by Salmonella bacteria can cause Salmonellosis. Symptoms of the disease include non-bloody diarrhea, fever and abdominal cramps 12 to 72 hours after infection. The illness usually lasts four to seven days, and most people recover without treatment.

In rare cases, diarrheal illness from Salmonella infection can be serious enough to require hospitalization. Although very rare, some cases of Salmonellosis have led to death in some patients. There are many different types of Salmonella bacteria. Salmonella Typhimurium is considered common, but it can cause Typhoid Fever.

Inmates Beware: Hooch Carries Risk of Botulism

After reviewing the circumstances around  food poisoning in five California prison inmates who drank illicit, homemade pruno, a group of health experts wants convicts across the country to be warned that jailhouse hooch carries the risk of botulism.

Writing this month in a journal about emerging infectious diseases published by the U.S. Centers for Disease Control and Prevention, the officials said pruno is popular in prisons and that it is "somewhat surprising that botulism caused by pruno consumption has not been previously reported.''

The group of researchers, led by Dr. Duc Vugia, chief of the Infectious Diseases Branch of the California Department of Public Health, focused on foodborne botulism that occurred among inmates at two California prisons in 2004 and 2005.

In the 2004 case, four inmates were hospitalized, two of whom were put on respirators to combat paralysis -- one of the symptoms of the disease. An investigation found that the four prisoners all drank from the same two-gallon batch of pruno, also known as prison wine or jailhouse juice.

One of the hospitalized inmates had secretly brewed the concoction over five or six days using unpeeled potatoes smuggled from the kitchen, apples from lunches, one old peach, jelly and ketchup. The four who became sick from the drink later described it to a prison nurse as being "magenta in color" and "smelling like baby-poop.''

The researchers said the same type of Clostridium botulinum found in the sick inmates also was found in a drinking cup that contained traces of the pruno.

The second case involved just one inmate in Monterey County, a 30-year-old male who was admitted to a local hospital in a condition too weak to breathe on his own. The patient admitted to making and drinking pruno in prison and potatoes had been part of his mash.

Researchers said the potatoes in both batches of hooch could have been the source of botulinum toxin. They wrote in their report that Clostridium botulinum is commonly found in the soil and its spores have been found on raw potatoes.

The report said the lack of reporting of similar cases may be due to the fact that potatoes are not generally used in the making of pruno in prison.

"Nonetheless, with more than 2 million inmates in prisons and jails in the United States, this illicit homemade alcoholic drink may put more inmates at risk for botulism,'' the report concluded. 

Listeria Concern Triggers Large Recall of Bacon Bits

A 120-year-old Wisconsin company is recalling 3,590 pounds of bacon bits that may be contaminated with Listeria monocytogenes, the USDA's Food Safety and Inspection Service announced late Saturday.

The smoked, pre-cooked bacon bits were made by Patrick Cudahy of Cudahy, Wisconsin, on Nov. 13. They were distributed in 10-pound cases to restaurant and other institutional food accounts in California, Colorado, Florida, South Dakota, Texas and Wisconsin, the FSIS said.

The agency said no reports of illnesses have been associated with consumption of the prouducts. The pathogen was detected by in-house testing at one of the establishments that received the product.

According to the FSIS, the following products are subject to recall:

  • 10-pound cases of "Golden Crisp APPLEWOOD SMOKED PRECOOKED BACON TOPPINGS." The products bear the establishment number of "EST. 28" inside the USDA mark of inspection as well as a printed Julian date of "8318."
  • 10-pound cases of  "John Morrell APPLEWOOD SMOKED PRECOOKED BACON TIPPINGS."  The products bear the establishment number "EST. 28" inside the USDA mark of inspection as well as a printed Julian date of "8318."

Here are the product labels:

Consumption of food containing Listeria monocytogenes can cause listeriosis, a potentially fatal disease that rarely occurs in healthy people. The young, old and immuno-compromised are at risk for contracting the disease. Listeria also can lead to stillbirth and miscarriage in pregnant women.

Symptoms of Listeria monocytogenes infection include high fever, severe headache, neck stiffness and nausea.

Legal Requirements for Proving Foodborne Illness

A recent California court case resulted in a good, common-sense decision that bodes well for people who litigate claims of foodborne illness against restuarants.

Fred Pritzker, whose law firm is one of the few in the country to practice extensively in the area of foodborne illness litigation, offers his analysis of the case in the paragraphs below.

Under our system of law, a person injured by food poisoning has to prove three things in order to make a successful claim:

  • Fault - that the food seller or processor did something wrong with regard to food processing, preparation, storage or handling.
  • Causation - the fault of the seller or processor caused the food to become contaminated and that the contaminated food actually caused the illness.
  • Damages – the harms and losses suffered by the victim as a result of consuming the contaminated food.

Proving the requirements involves a number of disciplines including medicine, microbiology, epidemiology, sanitation, food safety and agriculture. To go more in depth on the topic, see my article on the subject entitled How Lawyers Evaluate and Prove Foodborne Illness Cases.

Ultimately, all of the facts must be judged according to the law in the state in which the injury occurs. The California case helps answer the question of what is that law and what does it require (and, equally important, not require)?

In Sarti v. Salt Creek Ltd. a young woman became very ill as a result of an infection involving a type of bacteria,Campylobacter, that’s often found on raw chicken. She claimed it came from food she ate at the Salt Creek Grille.

She did not eat chicken at the restaurant. Rather, she ate an appetizer consisting of raw ahi tuna, avocado, cucumber and soy sauce. None of those ingredients typically harbor Campylobacter. Those ingredients can, however, become cross-contaminated by the bacteria if they come in contact with raw chicken or the utensils used to prepare it.

After the woman became ill and a report was made to the health department, the restaurant was inspected and a number of improper sanitation issues were identified that could lead to Campylobacter cross- contamination. However, as is often the case in such investigations, there was no “smoking gun” to conclusively establishing that the improper food practices caused the food she ate to be contaminated.

The doctor who treated the young woman testified that it was more likely than not that the restaurant’s improper practices caused her Campylobacter infection. The jury agreed and awarded her substantial money damages. An appeal followed in which the issue was whether there was enough evidence to support the verdict.

On appeal, the restaurant contended that unless the young woman could rule out every other possible cause of her illness, she could not win. In other words, she would have the burden of proving that absolutely no other food, surface or person caused her illness. The appeals court called this position “untenable” and concluded:

At this point, we should confront the semantic danger in the word “possibility.” The word must necessarily connote something more than bare conceivability or plausibility, otherwise it would swallow up the universe. For example, in a food poisoning case, how could the plaintiff disprove that she didn’t pick up some nasty bacteria because she touched a doorknob that had been previously touched by someone who had been handling raw chicken or who had changed a diaper, and hadn’t washed his or her hands? Well, yes, one might reason, it is conceivable that that might have happened. It is ludicrous, though to suggest that such bare conceivability must, as a matter of law, defeat a food poisoning claim.

Instead, the court determined that the woman had met her burden of proof by offering expert testimony that linked the Campylobacter and the particular unsanitary conditions found at the restaurant. In other words, it was all right for the jury to infer that linkage without requiring the woman to disprove every other potential source, no matter how remote.

This decision makes good common sense. If the restaurant’s position was accepted, it would be virtually impossible to win a foodborne illness case. Victims would have to exclude every other cause or source, a physical and intellectual impossibility. Fortunately, the California court didn’t see it that way.

CDC Warning: Do Not Consume Raw Milk

The Centers for Disease Control and Prevention (CDC) has issued a new food safety warning against consumption of raw milk and any products made from it.

The CDC's latest Morbidity and Mortality Weekly Report reviewed an October 2007 outbreak of illness caused by Campylobacter jejuni to illustrate that unpasteurized milk and cheese and other products made from it carry the risk of infection from milkborne pathogens.

"To minimize the risk for illness associated with milkborne pathogens, unpasteurized milk and milk products should not be consumed, especially among populations at high risk of infection complications (the young, pregnant, elderly and immunocompromised),'' the CDC report said.

According to the CDC, an epidemiological investigation by health officials found an association between illness in 67 fair-goers in rural Kansas and consumption of cheese made at the fair from unpasteurized milk. Even though samples of the cheese tested negative for Campylobacter jejuni, isolates of the bacteria from two of the ill persons were proven to have the same genetic fingerprint, the CDC said.

The outbreak arose Oct. 26, 2007, when the Kansas Department of Health and Environment received a confirmed report of two ill persons who came from different families in the same closed community in rural Kansas.

Over the next three days, another 17 members of the community reported stomach illnesses. The CDC said everyone involved reported eating fresh cheese made from raw milk on Oct. 20 at the same community fair.

Of 101 people who ate the cheese, 67 became ill, the CDC said. Campylobacter symptoms usually start two to five days after infection and the illness usually lasts a week to 10 days. The first symptoms are muscle pain, headache and fever followed by diarrhea, stomach pain and nausea.

The Year in E. coli: Major Outbreaks of 2008

In 2008, large-scale corporate farms and centralized production facilities continued to play a major role in America's E. coli problem.

But by far the largest E. coli outbreak of the year was centered at a lone family restaurant in Locust Grove, Oklahoma.

The Country Cottage Restaurant outbreak started August. 15. By the time it was over, 341 people were sickened with E. coli O111 infections, 72 persons were hospitalized and one 26-year-old man, a gospel singer, was dead.

Fred Pritzker, a Minneapolis lawyer whose law firm is nationally recognized in the area of foodborne illness litigation, said that when taken all together, 2008 was a year in which America's deadly E. coli threat showed no signs of slowing down from a dangerous pace set in 2007.

Pritzker said the variety and number of serious outbreaks was due in large part to a failure of regulation. He also said it's easy to gloss over the problem if you don't see the individual suffering inflicted during and long after outbreaks.

"The agony and the suffering of these individuals is dramatic and significant,'' he said.

With hope for greater food safety in 2009, here's a listing by Pritzker Law of five major E. coli outbreaks in 2008: 

  • Country Cottage Restaurant. The outbreak was linked in August to contamination by E. coli O111. A total of 341 outbreak-related cases were reported, 56 cases were in children, 72 persons were hospitalized and one died. The restaurant was shut down and reopened in late November under an agreement with health officials. While no single food item was found to be the source, officials believe several different foods became contaminated with the bacteria.
  • Nebraska Beef Ltd. In late June, the Omaha company recalled 5.3 million pounds of trimmings for ground beef. Health officials linked the product to 49 confirmed cases of E. coli O157:H7 infection in seven states. About a month later, the same slaughterhouse recalled another 1.2 million pounds of meat linked to 31 confirmed E. coli O157:H7 cases in 12 states. Much of the recalled meat was supplied through the Kroger grocery chain, but the tainted beef also turned up elsewhere. At the Barbecue Pit in Moultrie, Georgia, there were at least eight confirmed cases of E. coli O157:H7. In four of those illnesses, victims suffered hemolytic uremic syndrome (HUS), a complication that can lead to kidney failure.
  • Goshen Boy Scout Reservation. Health officials this summer confirmed 25 cases of E. coli O157:H7 infection among attendees at a Boy Scout camp in Goshen, Virginia. The cases were matched through molecular fingerprinting and linked to frozen ground beef from California-based S&S Foods. S&S recalled about 153,630 pounds of ground beef products.
  • Aunt Mid's Iceberg Lettuce. Michigan officials confirmed that bagged iceberg lettuce was the common source of illness in a September-October outbreak of E. coli O157:H7 infections that included 38 cases in Michigan, nine in Illinois and three in Ontario. At least 21 of those who were sickened spent time in the hospital. The outbreak strain of E. coli was never found at Aunt Mid's processing plant and investigators could never say if the lettuce became contaminated at the plant or in California, where it was grown. Aunt Mid's lettuce was associated with E. coli infections at the Lenawee County Jail, two Illinois restaurants and Michigan State University.
  • Vermont Ground Beef. In September,Vermont Livestock Slaughter and Processing Co. in Ferrisburg, Vermont, recalled 2,758 pounds of ground beef products that had been distributed to restaurants in the state. The recall was prompted by an outbreak of E. coli O157:H7. At least 10 people were sickened, including one who was hospitalized. An investigation by state and federal health officials found that the recalled beef may have caused the illnesses.

Pritzker Law & Associates, P.A. is one of the few law firms in the United States that practices extensively in the area of foodborne illness litigation. The firm has collected millions of dollars on behalf of victims of E. coli poisoning and other foodborne illnesses. For more information, visit http://www.pritzkerlaw.com or contact Fred Pritzker at (612) 338-0202. Pritzker Law has offices at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402  

Food Safety Tips to Keep the "Happy" in Holidays

Nothing kills the after-glow of a holiday gathering worse than a case of food poisoning that you picked up from your aunt's under-cooked turkey or your brother-in-law's homemade egg nog.

So, to help keep everyone festive throughout the holidays, the food safety experts at Pritzker Law offer the following guidelines to keep your kitchens merry. The list is based on advice from the Kansas Department of Agriculture.

Keep it clean and don't cross-contaminate:

  • Do not rinse raw meat and poultry before cooking. It enables bacteria to spread more easily on countertops.
  • Keep raw meat, poultry and seafood away from fruits, vegetables and other foods you eat raw -- including in the grocery cart while you're shopping.
  • Consider using one cutting board for foods that will be cooked (meat, poultry, seafood) and another one for ready-to-eat foods like bread, veggies and fruit.
  • Don't place cooked meat on any unwashed plate that carried raw meat.
  • Keep hands washed (for 20 seconds at a time with warm water and soap), food surfaces clean and be sure to rinse fruits and vegetables thoroughly under running water -- using a brush to remove surface dirt.

Cook it right and kill the bacteria:

  • When cooking meat and poultry, use a food thermometer. Color is not a reliable indicator of doneness. For a turkey, that means a temperature of 165 degrees with the termometer stuck into the innermost part of the thigh and wing and the thickest part of the breast. If the turkey is stuffed, the stuffing termperature also should read 165 degrees.
  • Bring sauces, soups and gravies to a rolling boil when reheating.
  • Cook eggs until yolks and whites are firm. Don't use raw eggs for eggnog.  Instead, use pasteurized egg products or powdered egg whites.
  • Don't eat uncooked cookie dough and don't feed it to children. Raw eggs in the batter may contain Salmonella.

Freezing, thawing and refrigeration:

  • Never defrost food on the kitchen counter. Let it thaw in a refrigerator set no higher than 40 degrees. If you're in a hurry, use cold running water or thaw it in the microwave oven. Food thawed in cold water or the microwave should be cooked right away.
  • A 20-pound frozen turkey needs four to five days to thaw in the fridge.
  • If you pull something out of the refrigerator and it smells or looks funny, don't taste it. Throw it out. When in doubt, throw it out.
  • Refrigerate leftovers or takeout food within two hours.

Symptoms of foodborne illness -- stomach pain, vomitting and diarrhea -- usually are not long-lasting in healthy people. But they should be taken seriously, especially in seniors, infants, young children, pregnant women and people who have weakened immune systems.

Ohio Firm Recalls Sausage in Response to Listeria

One-pound packages of Sopressata mild sausage may be contaminated with Listeria monocytogenes and are being recalled by DeNiro Cheese of Youngstown, Ohio, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) said late Friday.

The sausage, made in Canada and distributed to a single specialty retailer in Boardman, Ohio, showed positive for Listeria monocytogenes in routine microbiological testing by FSIS. The agency said it has received no reports of illness in relation to the recall.

According to the FSIS, the sausage was produced Oct. 9, was stamped with a use-by date of 7/09/09, carried a product code of 91009 and was labeled with a Canadian mark of inspection with the code 476A inside the mark.

Consumption of food contaminated with Listeria can cause Listeriosis, an uncommon but potentially deadly disease. Young children, the elderly and people with weak immune systems are most vulnerable. Infections in pregnant women can cause stillbirth and miscarriage. The pathogen can cause high fever, severe headaches, neck stiffness and nausea.

Consumers with questions about the recall should call President Greg DeNiro at 330-746-6011.

Melamine Discovery Prompts Recall of Biscuits

The Minnesota Department of Agriculture (MDA) found melamine in test samples of biscuits sold by a company from Vietnam, a discovery that has prompted a recall of four varieties of Wonderfarm brand biscuits.

Tests conducted by the MDA laboratory found several of the cookies had melamine levels that exceeded the U.S. Food and Drug Administration (FDA) limit of 2.5 parts per million. According to a press release from the FDA, all lot codes of the biscuits are being recalled by Interfood Shareholding Co. The biscuits, sold in red tins, were distributed in "multiple'' states through food wholesalers and retail stores, the FDA said.

Melamine is an industrial chemical used in plastics and other manufacturing. It became one of the biggest food safety stories of the year when it created an epidemic of illness in Chinese babies. In some cases, unscrupulous manufacturers had added melamine to baby formula to boost protein readings. Melamine can bind with chemicals in urine, causing stones in the kidney or bladder. In severe cases, it can cause kidney failure.

The four varieties of Wonderfarm brand biscuits included in the recall are as follows:

  • Wonderfarm "Successful" Assorted Biscuits (UPC:8935001262091)
  • Wonderfarm "Royal Flavour" Assorted Biscuits (UPC:8935001263098)
  • Wonderfarm "Lovely Melody" Assorted Biscuits (UPC: 8935001263296)
  • Wonderfarm "Daily Life" Assorted Biscuits (UPC: 8935001264200)

 

U.S. To Start Random Melamine Tests On Some Food

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) said this week it will begin testing sample batches of meat and poultry products to check for melamine, a chemical contaminant in food that has sickened more than 50,000 Chinese children this year.

With melamine showing up recently in some food products imported to the United States, FSIS said it would be “prudent” to do a small amount of sampling of products collected at retail stores.The random testing will begin in about two weeks and last 12 weeks.

In an official notice to investigators, the FSIS said sampling will focus on meat and poultry products that contain milk-derived ingredients such as non-fat dried milk, casein, whey, evaporated milk and milk powder.

The agency named the following five types of retail products for testing: Baby food containing meat or poultry; hot dogs and other cooked sausages; breaded chicken nuggets; meatballs; pizza snacks and meat or poultry wrapped in dough. The initiative is being undertaken with support from the Food Emergency Response Network laboratory at Athens, Georgia.

Melamine is a nitrogen-based chemical widely used in plastics manufacturing. It entered the milk supply in China because unscrupulous producers wanted to artificially inflate protein levels The scandal was one of the biggest food safety stories of the year..

Study Finds Gaps in Food Safety

Twenty states and Washington, D.C., did not meet or exceed the national average for identifying the pathogens responsible for foodborne disease outbreaks, according to a newly released study of America's preparedness for health emergencies.

The sixth annual Ready or Not? Protecting the Public's Health from Diseases, Disasters and Bioterrorism report said the national average for states finding the causitive agent in food poisoning outbreaks is 44 percent of the time. Thirty states met or exceeded the average while 20 states and D.C. had a lower percentage.

Conducted jointly by two non-profit organizations -- Trust for America's Health and the Robert Wood Johnson Foundation -- the food safety portion of the study was based on summary statistics from the U.S. Centers for Disease Control for 2004, 2005 and 2006 -- the most recent year for which figures were available. The study was published this week.

Authors of the study said that identifying pathogens responsible for foodborne illness outbreaks is meritorious for its own sake, but also because it requires the same skills and technology to detect and mitigate bioterrorism.

According to the study, 325,000 Americans are hospitalized each year with bacterial infections carried by food. On average, 5,000 people a year die from the diseases, the study said.

The study's authors claim that America's food safety system has not been fundamentally modernized in more than 100 years. They call for Congress to establish a single, unified agency responsible for food safety and focused on prevention of outbreaks. In the short term, the authors said, the U.S. Department of Health and Human Services should split the U.S. Food and Drug Administration in two: One to focus on drugs, medical devices and cosmetics and the other to dwell on food.

FDA Food Protection Plan Doesn't Satisfy DeLauro

The U.S. congresswoman who chairs the House Agriculture-FDA Appropriations Subcommittee remains convinced that the U.S. Food and Drug Administration (FDA) should be stripped of its food safety responsibility.

U.S. Rep. Rosa DeLauro, D-Conn., who also sits on the influential House Appropriations and Budget Committee, repeated her criticism of the FDA this week, just days after the agency said it was making progress under the Food Protection Plan it launched in 2007 to improve its effectiveness.

U.S. Food Law Report said this week that the FDA's progress report contained a list of some impressive achievements -- including the creation of foreign field offices and pushing ahead with irradiation for leafy greens to kill potentially deadly pathogens. But the newsletter also said the FDA still has a long way to go in showing progress in the area of responding to outbreaks of foodborne illness.

DeLauro, who was quoted in U.S. Food Law Report, said real progress in food safety hinges on allowing the FDA to focus on medical product safety. The FDA's food safety responsibilities should be shifted to a separate agency under the Department of Health and Human Services, she said.

"While the FDA will contend that they are making progress on food safety, it is progress based on an outdated system and an outdated regulatory structure,'' DeLauro said. "The long-term viability of these so-called reforms remains in doubt given that food safety will constantly be compteing for attention and resources with medical product safety under the FDA."

Rare Bacterial Infection Strikes 2 Infants in New Mexico

State and national health officials are investigating how two babies in New Mexico became infected by Enterobacter sakazakii, a bacteria that has been associated in the past with powdered infant formula.

One of the kids, a 7-month-old boy from Holloman Air Force Base in Otero County, died Nov. 11 at Gerald Champion Regional Medical Center in Alamogordo, N.M. The other, a female infant from Lea County, has been hospitalized, newspapers in the state have reported.

The rare infections -- there are only 120 recorded cases throughout the world of all age groups -- are being probed by the U.S. Centers for Disease Control and Prevention (CDC), theU.S. Food and Drug Administration (FDA), the New Mexico Department of Health, the New Mexico Office of the Medical Investigator and the New Mexico Environment Department.

Air Force Col. Jeffrey Harrigian told the El Paso Times that experts conducted extensive tests at the military base and interviewed the deceased baby's family. A press release from the New Mexico Department of Health said lab tests showed that the two babies were sickened by different strains of Enterobacter sakazakii, also known as E. sakazakii, But the release said both infants had consumed powdered milk as part of their respective diets.

According to past CDC writings about E. sakazakii, infections are rare but can be very serious, sometimes leading to menengitis -- an infection of spinal fluid and of membranes surrounding the brain. Infants are the most susceptible.

Pritzker Law. is one of the few law firms in the United States that practices extensively in the area of foodborne illness litigation. The firm has collected millions of dollars on behalf of victims of E. coli poisoning and other foodborne illnesses. For more information, visit http://www.pritzkerlaw.com  or contact Fred Pritzker at (612) 338-0202. Pritzker our lawfirm has offices which are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402   

FDA Heralds Progress in Food Safety

The government agency in charge of safekeeping more than 50 percent of America's food supply issued a statement Monday touting progress on several fronts.

The U.S. Food and Drug Administration (FDA) is no stranger to criticism about its inspection of food plants and its prevention of foodborne illnesses. But it said several new initiatives have been launched since the unveiling last year of a new Food Protection Plan. The FDA said it has:

  • Approved the use of irradiation of iceberg lettuce and spinach for the control of pathogens such as E coli O157:H7.
  • Started using genetic analysis to identify hundreds of Salmonella strains from seafood imports. The analysis provides information to trace outbreaks of Salmonella.
  • Developed a rapid detection method that uses flow cytometry to identify E. coli and Salmonella in food, now in use in poultry processing facilities to detect and prevent bacterial contamination during food processing.
  • Signed cooperative agreements with six U.S. states to form a Rapid Response Team to develop an all-hazards response capability for tainted food.
  • Decided to establish offices in China, India, Europe, Latin America and the Middle East to regulate exports to the United States of food and other FDA-regulated products.

Dr. David Acheson, associate commissioner of foods for the FDA, also told the New York Times that FDA is hiring 130 employees to conduct inspections and collect samples.

A common criticism of the agency is that it annually inspects only a small percentage of the 65,520 domestic food production facilities in the U.S. that fall under FDA authority. The U.S. Department of Agriculture inspects meats, poultry and processed egg products while the FDA covers seafood, produce, egg and dairy foods.

According to a recent report by Center for Science in the Public Interest, foods regulated by the FDA have been associated with more than two times as many foodborne illness outbreaks as foods regulated by USDA. The nutrition watchdog group favors a plan -- which has already been discussed by some members in Congress -- to separate food safety from drug and medical device approvals and create a new Food Safety Administration at the Department of Health and Human Services.

Jeffrey Levi, an associate professor at the George Washington University School of Public Health and Health Services, told U.S. News and World Report that the new FDA report fails to offer enough guidance for what needs to be done to protect the U.S. food supply.

You can read the FDA report in its entirety by clicking here.

8 Children Contract E. coli in the Evergreen Mountain Area (Colorado)

Jefferson County Department of Health and Environment (JCDHE) in conjunction with the Colorado Department of Public Health and Environment (CDPHE) is investigating a cluster of E. coli O157:H7 infections in 8 children, aged 4-12 years of age, in the Evergreen mountain area. 

The children contracted E. coli from July through October. Testing by the Colorado Public Health Laboratory has identified similarities in the specific strains of E. coli O157:H7 infecting several of the children, leading health officials to believe that the E. coli infections may be linked to a common source or exposure.  According to the Denver Post

State and local health officials are investigating possible sources of exposure, including deer and elk droppings, as well as common behaviors, activities, foods and drinks.
"We are doing a comprehensive investigation," said Gayle Miller, an epidemiologist with the Jefferson County Department of Health and Environment. "We don't have a smoking gun. We don't know yet what the source is."

All of the earliest affected children have fully recovered without complications. Two children who became ill in mid-late October required hospitalization in a Denver area hospital after developing hemolytic uremic syndrome (HUS), which can lead to kidney failure.  The Denver Post reported:

An 11-year-old girl has been in Children's Hospital since Monday, her grandmother said Thursday.
"She's doing better, but it has affected her kidneys," said the woman, who did not want to be identified.

Our law firm is currently representing E. coli victims who developed HUS.  To contact our law firm, please call 1-888-377-8900 or submit our online consultation form.

Colorado E. coli Outbreak Sickens 14 People

The Colorado Department of Public Health and Environment is investigating an E. coli outbreak that has been associated with a Jimmy John’s in Boulder, Colorado. Boulder County Public Health (BCPH) began investigating the Colorado E. coli outbreak in September when 7 students and a sorority adviser at the University of Colorado at Boulder became ill. All 8 had eaten Jimmy John’s subs.

PFGE-ecoli.jpgThe Colorado Health Department is now investigating 3 additional cases that have surfaced in Boulder and 3 cases elsewhere in Boulder County.

Alicia Cronquist, a spokesperson for the Colorado Department of Public Health and Environment told KUSA-9News:

“It's pretty clear to us that many of the cases in Boulder County are connected to the same sandwich shop. What's not clear to us is how the other cases around the state are linked to that. We suspect that they all ate some kind of common food item, but we're investigating to determine which one it is.”

Although the Boulder cases have been associated with Jimmy John’s, the health department is continuing its investigation to determine what sickened the three people that do not reside in Boulder. E. coli isolates from those three cases have the same genetic fingerprint as E. coli isolates from the 11 Boulder cases, meaning the illnesses were caused by the same source. 

Four E. coli cases confirmed in Iowa, Illinois

feature3.jpgHealth officials in southeast Iowa and neighboring Illinois have confirmed four cases of E. coli O157:H7, with the latest case confirmed by the Hancock County Health Department in Illinois on Thursday.

Health officials have not determined the source of the illnesses.

According to news reports from the area, two of the Iowa cases were confirmed in Lee County and a third was confirmed in Des Moines County. The most recent case was confirmed across the state line in Hancock County, Ill.

In the past few months there have been numerous E. coli outbreaks linked to beef products. A report issued last week by the U.S. Department of Agriculture (USDA)  has shown conclusively that there is a link between distillers’ grain  and the prevalence of E. coli in cattle. The grains, which are fed to some cattle, are a byproduct of ethanol production.

USDA Should Prohibit Use of Distillers' Grain as Cattle Feed

A U.S. Department of Agriculture (USDA) study has shown “conclusively that there is a link between distillers’ grain [ethanol by-product] and the prevalence of E. coli,” according to University of Minnesota associate professor Francisco Diez, who was interviewed by Minnesota Public Radio for a report on the USDA study.

The objective of the USDA research project, which started in October of 2007, was to determine the effect of feeding distillers’ grain on the shedding of E. coli O157:H7 in finishing feedlot cattle.  The USDA researchers collected hide and feces samples from 300 control cattle and 300 cattle fed diets supplemented with distillers’ grain.

USDA researcher Jim Wells told MPR that the study found E. coli O157:H7 in almost 15 percent of the samples from the distillers’ grain group and in only 1.5 percent in the samples from the control group.  

This is a significant difference, yet Wells stated what is clearly the profit-comes-first position of the USDA:

"The point of the study isn't necessarily to say that what someone is doing is bad, it's just to make the people aware that there are consequences," said Wells. "I don't know if I could tell them to change it, because there are advantages to feeding distillers’ grain."

Here are the advantages of using distillers’ grain as cattle feed:

  1. Distillers’ grain is a cheap food source, thus saving ranchers money and
  2. Ethanol companies make money selling the distillers’ grain to ranchers

E. coli O157:H7 kills and severely sickens people. This disadvantage outweighs the “advantages.” USDA, prohibit the use of distillers’ grain as cattle feed. 

The following image is from a 2006 USDA article praising the use of distillers' grain as livestock feed to boost the profitability of ethanol production:

distillers-grain.jpg

Snohomish County E. coli Cases May be Connected

Snohomish County health officials are investigating at least 6 cases of E. coli that may be related.   According to the Seattle Times:

Dr. Gary Goldbaum says that while at least six cases have been confirmed, health officials still don't know what caused people to become ill.

The public heath agency alerted doctors Friday afternoon that it was investigating a possible cluster of E. coli cases.

A Washington E. coli outbreak in June was associated with lettuce.  That outbreak sickened at least 9 people.

 

Vermont Hamburger Recall Prompted by E. coli Outbreak

Vermont Livestock, Slaughter and Processing Co., LLC, a Ferrisburg, Vermont firm, has recalled approximately 2,758 pounds of ground beef products because they may be contaminated with O157:H7www.pritzkerlaw.com/escherichia-coli-O157/. Vermont health officials have confirmed 10 cases of E. coli in Vermont associated with consumption of the recalled ground beef (hamburger). The 10 people sickened ate the ground beef at certain Vermont restaurants.

feature1.jpgThese recalled hamburger was produced on Sept. 5, 8, 12, 19 and 22 and delivered to distribution centers. It was intended for restaurants and institutions in Vermont and Plattsburgh, New York; it was not intended to be available for direct retail purchase.

The possible E. coli contamination was discovered through a joint epidemiological investigation by FSIS and the Vermont Department of Health.
 

IHOP Salmonella Outbreak Update

Our law firm is representing several victims of a Texas Salmonella outbreak linked to The International House of Pancakes (IHOP) on Western Street in Amarillo, Texas.

Health officials have linked 25 cases of Salmonella poisoning to a September IHOP Salmonella outbreak and more than 100 to a June IHOP Salmonella outbreak.

Health officials determined that the source of the IHOP Salmonella outbreaks was a warming bath used to keep the syrup warm. Health officials found the outbreak-strain of Salmonella in a culture taken from the warming bath. Interviews with IHOP employees revealed that syrup pitchers were not rinsed, washed or sanitized before refilling, and some of the 25 people sickened in September outbreak were IHOP employees in charge of refilling syrup containers.

The troubled IHOP has been closed since September 17, but it may be opening soon. Health officials are requiring the IHOP to complete environmental testing for Salmonella along with 14 other measures before reopening.

 

Update to E. coli Outbreak Associated with Aunt Mid's Lettuce

The Michigan Department of Community Health has provided a nice summary of the E. coli O157:H7 outbreak that has been associated with iceberg lettuce distributed by Aunt Mid’s Produce Company. Below is the information from the MDCH. 

1. Since September 1, 38 cases of E.coli O157:H7 with the same genetic fingerprint have been reported to Michigan Department of Community Health (MDCH) from various counties. Additionally, nine individuals in Illinois and three from the Province of Ontario have also been identified with the same genetic strain of E. coli O157.

2. Of the 38 Michigan E. coli cases, 21 have been hospitalized, and one has developed hemolytic uremic syndrome (HUS). No deaths are known to be associated with this outbreak.

3. Based upon analysis of scientific evidence from MDCH’s epidemiological investigation, iceberg lettuce has been identified as the source of the illness outbreak. Case control studies performed independently in Michigan and in Illinois both identified iceberg lettuce as the common source of illness.

4. Based upon the product traceback investigation conducted by the MI Department of Agriculture (MDA), Fresh Pak/Aunt Mid’s was the common processor of the lettuce supplied to the outbreak locations at MSU, Lenawee County Jail, and in Illinois as well as other foodservice locations identified by ill individuals.

5. The heads of lettuce being supplied to Aunt Mid’s for washing, cutting, and bagging during the outbreak timeframe were identified as lettuce from California. However, the point at which the lettuce was contaminated is still unknown. MDA continues to work in close cooperation with our food safety partners at the California Department of Public Health – Food & Drug Branch who are investigating the origin and handling of the lettuce in that state.

6. MDA conducted product and environmental sample testing at Aunt Mid’s the week of September 26. Additional testing was conducted by the firm, MDCH, MSU, and FDA and all those tests were negative for E.coli. However, those were CURRENT products, not products from the outbreak timeframe.

7. Lettuce from the outbreak timeframe was not available for testing during the investigation due to the perishable nature of the product.

8. Aunt Mid’s has resumed operations on its iceberg lettuce product line. Aunt Mid’s is monitoring and testing each lot of lettuce production over the next 30 days and providing testing documentation to MDA. MDA will also be randomly testing production and checking records.

9. None of the E. coli illnesses that have occurred within the past two weeks have been linked to this outbreak in Michigan. Because the contaminated iceberg lettuce that caused this outbreak of E. coli O157 is no longer available for consumption, no new illnesses linked to the outbreak are expected to occur. However, as the investigation into illnesses that occurred during the identified outbreak period continues, and additional laboratory results are available, more related cases may be identified and reported. MDCH will continue to conduct surveillance and investigate any new cases of E. coli O157 as they occur.

10. The product traceback process is lengthy and time-consuming. State and federal investigators need to go through the entire supply chain, sorting records, analyzing data, and case history to determine the origin of the patient’s illness and the food source involved.

E. coli Takes the Lives of Two Children in Kansas

Two children in Kansas have died from E. coli infections.  According to the Kansas Department of Health, the E. coli deaths are not related, and health officials have not determined the source of either E. coli infection.  According to a KSN-TV:

It is not known how 18-month-old Tanner Strickland, of Liberal, who passed away Wednesday, contracted the bacteria. His brother also came into contact with it, but will be okay. No other cases in Seward County have surfaced.

The other boy, an unidentified four-year-old, from Chase County, died Sunday.

"He's the only case in Chase County right now,” said Cheryl Jones with the Chase County Health Department. “He has an infant sister that is well and no one else associated with him has become ill."

Jones says the boy’s father is a rancher and because cow manure is a major source of E. coli, she says there’s a good chance the four-year-old came into contact with and ingested cow manure or manure tainted water.

The following is a press release issued by the Kansas Department of Health about these deaths:

e.coli.jpg

The Kansas Department of Health and Environment (KDHE) is working with local health departments to identify possible sources of E. coli infection. Two children, one in Seward County and the other in Chase County, have died from the disease within the past several days. The deaths are unrelated and were caused by different E. coli serotypes.

E. coli are common bacteria that live in the intestines of animals and people. However, some kinds can cause serious illnesses in people. Among these are kinds that produce potent toxins, known as shiga toxins, and can cause severe bloody diarrhea. Approximately 8 percent of persons infected with the most common shiga toxin-producing serotype, E. coli O151:H7, progress to hemolytic uremic syndrome (HUS), a serious complication.

KDHE recommends the following steps to reduce the risk of exposure to E. coli:

  • WASH YOUR HANDS thoroughly after using the bathroom or changing diapers and before preparing or eating food. WASH YOUR HANDS after contact with animals or their environments (at farms, petting zoos, fairs, even your own backyard).

  • COOK meats thoroughly. Ground beef and meat that has been needle-tenderized should be cooked to a temperature of at least 160°F/70°C. It's best to use a thermometer, as color is not a very reliable indicator of "doneness."

  • AVOID raw milk, unpasteurized dairy products, and unpasteurized juices (like fresh apple cider).

  • AVOID swallowing water when swimming or playing in lakes, ponds, streams, swimming pools, and backyard "kiddie" pools.

  • PREVENT cross contamination in food preparation areas by thoroughly washing hands, counters, cutting boards, and utensils after they touch raw meat.

E. coli can also be spread to playmates by toddlers who are not toilet trained or by adults who do not wash their hands carefully after changing diapers. Children can pass the bacteria in their stool to another person for two weeks after they have gotten well from an E. coli O157:H7 illness.

The incubation period (the time between when a person is exposed to E. coli bacteria until when they develop symptoms) may range from 1-10 days, and symptoms usually lasts for 3-4 days. Bloody diarrhea and stomach pain are the most common signs of E. coli O157:H7 sickness.

People usually do not have a fever, or may have only a slight fever. Some people, especially children under 5 and the elderly, can become very sick from E. coli O157:H7. Anyone who suddenly has diarrhea with blood in it should call or see a doctor.

Fifty-two cases of E-coli were reported to KDHE in 2007; 33 of these were caused by E-coli O157:H7. Kansas' three-year median for 2004-2006 was 48 cases. The highest rate of disease (8.8 per 100,000) was reported among children aged less than five years.

 

Aunt Mid's Lettuce Came from California

lettuce-field.jpgNot surprisingly, Michigan agriculture officials have determined that iceberg lettuce associated with an E. coli outbreak that has sickened people in Michigan, Illinois, Ohio and Canada came from California, which produces the majority of the commercial lettuce in the United States.

The California lettuce was sold to Aunt Mid’s Produce Company, a Detroit firm, and possibly other distributors, who sold the lettuce to institutions and restaurants.

The outbreak first surfaced at Michigan State University and Lenawee County Jail. A Michigan State University student sickened by E. coli-tainted lettuce is suing Aunt Mid’s. Other lawsuits will follow. 

Our law firm is available to represent E. coli victims.  For information, please see Aunt Mid's lawsuit and University of Michigan and Michigan State University (MSU) E. coli lawsuit.

Young Victim of Oklahoma E. coli O111 Outbreak Recovering

feature3.jpgA 20-month-old little girl is recovering from hemolytic uremic syndrome (HUS), an illness she developed after contracting an E. coli O111 infection. She stayed in the hospital for 12 days and needed dialysis treatment to get her kidneys working again. Her father stated in a USA Today report that “she received dialysis treatment and was stuck with so many needles she thought she was being punished.”

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

 

Source of Amarillo, Texas IHOP Salmonella Outbreak Found: Pritzker Law Firm Representing Victims

Health officials have found the source of the Amarillo, Texas IHOP Salmonella outbreak, the warming bath that the restaurant used to keep the syrup warm. Health officials found the outbreak-strain of Salmonella in a culture taken from the warming bath. Interviews with IHOP employees revealed that syrup pitchers were not rinsed, washed or sanitized before refilling, and some of the 25 people sickened in outbreak were IHOP employees in charge of refilling syrup containers.

The warm water bath in which the syrup pitchers soaked was an ideal growing environment for the Salmonella bacteria. The Salmonella in the water contaminated the outside of every syrup pitcher that soaked in the water. Employees and diners then touched the Salmonella on the outside of the syrup pitchers, and people became ill, some severely.

Our law firm, Pritzker Law, is representing some of the victims of this Salmonella outbreak linked to the Amarillo IHOP. To contact our law firm, please call 1-888-377-8900 (toll-free) or submit our online form for a free consultation.

News Source: KFDA-News Channel 10

Meat Served at Forest Ranch Fundraiser Tests Positive for E. coli O157:H7

Butte County Public Health continues its investigation of a California E. coli 0157:H7 outbreak that sickened at least twenty-seven people. The outbreak occurred among attendees of an event held in the community of Forest Ranch on September 6. The event was a fundraiser for the Forest Ranch Volunteer Fire Department. The people sickened ranged in age from two years old to eighty years old. Four cases were hospitalized and are now home recovering.

After analyzing data collected from interviews of those sickened and others who attended the event, health officials determined that beef tri tip served at the barbecue was the most likely source of the outbreak.  Butte County Public Health now reports that cultures taken from leftover meat cooked at the event have grown E. coli 0157:H7 which genetically matches the outbreak E. coli O157:H7.  This finding links the beef tri tip to the outbreak.

Butte County health officials continue to investigate how the cooked meat was contaminated.

 

Michigan E. coli: Evidence and Liability

Breaking News April 19, 2010: An E. coli outbreak in Washtenaw County, Michigan has sickened at least 10 people, 2 of whom have been hospitalized.  Most of those sickened live in Ann Arbor, Michigan.  Our law firm is currently representing E. coli victims and E. coli HUS victims.  Contact us.

The Michigan E. coli O157:H7 outbreak associated with iceberg lettuce distributed by Aunt Mid’s Produce Company has sickened at least 35 people in Michigan. At least 6 people in Illinois have also been sickened in this outbreak.

According to the Michigan Department of Community Health, some of the Michigan cases consumed shredded or chopped iceberg lettuce in restaurants or institutions purchased from Aunt Mid's Produce Company, a Detroit-based wholesale distributor. This is epidemiological evidence that associates Aunt Mid’s with the outbreak. 

The Michigan Depatment of Agriculture has been testing Aunt Mid's iceberg lettuce samples and Aunt Mid's processing facility. To date, the state tests have found no contamination of either Aunt Mid’s iceberg lettuce or Aunt Mid’s processing facility.

According to James McCurtis, a spokesperson for the Michigan Department of Community Health, Aunt Mid’s is still suspected because its lettuce is the only kind delivered to the Lenawee County Jail (5 inmates sickened) and the two restaurants in Illinois where the outbreak-strain of E. coli O157:H7 bacteria was also found.

Legally, an epidemiological association with an outbreak can be sufficient evidence to find liability. This is necessary in cases involving a perishable food product because by the time an outbreak is uncovered, perishable food items are often consumed. This is particularly true in the case of a perishable food product served at a restaurant or other food service facility.  In this case, the epidemiological evidence is supported by the finding of the outbreak strain of E. coli O157:H7 (microbiological evidence) at the Lenawee County Jail and the two restaurants in Illinois.

If you or your child has been sickened in the Michigan E. coli outbreak, it is critical that you contact an E. coli lawyer if you want to be compensated for medical expenses, pain and suffering and other damages. Liable parties could include farms, processors, distributors, a food service company, a restaurant and others. If you retain our law firm, we will immediately investigate your case.

Our law firm has a national reputation in this area, and we handle E. coli cases throughout the United States. We are currently handling a number of E. coli cases, including cases involving hemolytic uremic syndrome (HUS). To contact the firm, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our online consultation form for a free consultation.

University of Colorado E. coli Outbreak

Boulder County Public Health (BCPH) is investigating an E. coli O157:H7 outbreak that has sickened at least eight people, seven of them students at the University of Colorado at Boulder (CU).  The investigation began September 23rd.

ecoli-clump.jpgHealth officials have not determined the source of the outbreak, but initial investigations indicate that on-campus dining is not related to the illness. BCPH staff is working closely with CU and the Colorado Department of Public Health and Environment (CDPHE) to identify the source of the outbreak and any additional cases among students and the public.

News reports have indicated that most of the students sickened are members of the same sorority.  This suggests that the source of the outbreak is water or food associated with the sorority.  Contact our law firm regarding liability and compensation in an E. coli case.

Illinois E. coli O157:H7 Cases Associated with Aunt Mid's Produce Company

The Illinois Department of Public Health (IDPH) has identified Aunt Mid’s Produce Company as the distributor of iceberg lettuce consumed by six Illinois residents during late August to mid-September who have been diagnosed with E coli 0157.

The Michigan Department of Community Health has also identified Aunt Mid’s Produce Company as one of the wholesale processors who sold institutional-sized iceberg lettuce to establishments which served 26 people who were diagnosed with the same strain of E coli.

IDPH is working with the Centers for Disease Control and Prevention laboratory to test persons suspected of being linked to this Illinois E. coli outbreak and to trace-back where the lettuce came from. Aunt Mid’s Produce Company has voluntarily suspended any processing and sale of its iceberg lettuce product line throughout the United States.

For information on the legal rights of E. coli victims, distributor liability and an Aunt Mid's lawsuit, please contact our law firm at 1-888-377-8900 or email attorney Fred Pritzker.

 

Aunt Mid's Lettuce Associated with Multi-State Outbreak

Health officials have associated cases of E. coli O157:H7 with bagged, industrial-sized packages of iceberg lettuce sold to restaurants and institutions by Aunt Mid's Produce Company, a Detroit-based wholesale distributor.  Health officials have indicated that additional distributors may be involved in this E. coli outbreak.

To date, 26 of the E. coli cases are from Michigan, including 7 students at Michigan State University (MSU) and 3 students at the University of Michigan.

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“Our top priority at the Michigan Department of Community Health is to protect the public,” said Dr. Gregory Holzman, chief medical executive for MDCH. “We appreciate all of the assistance from Aunt Mid’s. They have been very helpful in this investigation. We want to ensure that the public’s health and well-being is protected. Even though the investigation is ongoing, available evidence is strongly pointing to iceberg lettuce."

Liability in an E. coli lawsuit can be complex.  Contact attorney Fred Pritzker with questions about who is responsible for paying compensation to the victims of the outbreak.

 

Aurora, Colorado Home Daycare Associated with E. coli Death and Illness

Last week a 3-year-old boy from Aurora, Colorado died after contracting an E. coli infection. The boy attended an unlicensed home daycare center in Aurora, Colorado. Health officials have focused their investigation on the home daycare center, which has been closed.

According to KWGN out of Denver, health officials have confirmed that another child who attended the home daycare center has an E. coli infection:

Dr. Richard Vogt, executive director of Tri-County Health, said a positive test culture came back taken from a 1-year-old girl. The bacterial illness killed a 3-year-old boy last Friday. Health officials traced the cause back to a daycare the toddler attended. Since then health workers have taken samples from every child who attended the center.

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Health officials have not found the source of these illnesses, but according to the KWGN news report, health workers believe the E. coli outbreak originated from food served at the daycare center. The news report suggests that the source may be “spoilt” food, but that wording is not quite accurate. E. coli contamination does not happen when a food spoils; it happens when fecal matter with E. coli in it gets on or in the food. Spoilage might suggest simply that the E. coli bacteria had more time to colonize.

The Aurora, Colorado daycare may have violated state laws, according to the same KWGN report:

Arapahoe County Human Services have issued a cease and desist order to the operator of the daycare. It was estimated that 21 children attended the daycare on and off. That swollen number broke state laws which state an unlicensed daycare can only take care of relatives and two additional children. Vogt said given the investigation, it is very doubtful that this operation would ever be allowed to operate again.

This appears to be a case where issues of gross negligence need to be explored by an E. coli lawyer. If you would like to contact a lawyer at our law firm, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our online form for a free consultation.  We have experience with daycare liability.

24 Michigan E. coli Cases Linked to Cases in Illinois, New York, Ohio and Oregon

Seven MSU E. coli O157:H7 cases have been linked by genetic testing to 17 additional cases of E. coli throughout the state of Michigan. The Michigan E. coli cases are located as follows:

  • 7 students at MSU
  • 3 students at Michigan University
  • 5 inmates at Lenawee County Jail
  • 3 people in Macomb County
  • 2 people in Wayne County
  • 2 people in Kent County
  • 1 person in St. Clair County
  • 1 person in Oakland County

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Health officials have genetically linked the Michigan E. coli cases with E. coli cases in several other states: Illinois, New York, Ohio and Oregon.

Health officials do not know the source of the E. coli, and investigations are ongoing. According to WILX-TV, however, the source may be food from a commercial distributor:

There's speculation the food came from a commercial distributor, so MSU says, as a precaution, they've removed frozen turkey and particular produce items from their cafeteria for the time being.

Eight of the nine people hospitalized in this E. coli outbreak were MSU students.

Six-Year-Old E. coli Victim Fighting For Her Life

The E. coli outbreak associated with a barbecue benefit for volunteer firefighters in Forest Ranch, California has sickened at least 21 people, according to health officials. Four people were hospitalized, one of them a six-year-old girl.

This little girl is fighting for her life at the U.C. Davis Medical Center in Sacramento after developing hemolytic uremic syndrome (HUS), a condition that is usually caused by E. coli O157:H7. HUS is the leading cause of kidney failure in children in the United States, and it can also cause damage to other organs, including the brain.

HUS can cause life-long illness, and patients may need future surgeries and other medical care. These future medical expenses and the future pain and suffering need to be considered when seeking compensation from responsible parties. Contact attorney Fred Pritzker for more information. Fred is representing E. coli victims who have developed HUS and has years of experience in this area.

To learn more about the struggle of this six-year-old, please see the following news report on the KHSL-TV Web site.

Beef Tri-Tip Source of Forest Ranch, California E. coli Outbreak

As we predicted, beef tri-tip is the source of the E. coli outbreak that has sickened attendees of a BBQ Benefit in Forest Ranch, California. The BBQ Benefit took place on Saturday, September 13, 2008 at Fire Station 24. 

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Beef processors have recalled millions of pounds of beef products in the last several months. These recalls were all allegedly due to unsanitary conditions in processing plants. In one case, the USDA's Food Safety and Inspection Service concluded that Nebraska Beef Ltd., a beef processor that had recalled over 5 million pounds of ground beef, had production practices that were insufficient to effectively control E. coli bacteria. "The products subject to recall may have been produced under unsanitary conditions," the government said.

Health officials have not reported names of the processor, distributors or retailer of the contaminated tri-tip associated with this E. coli outbreak in Forest Ranch, California. These parties are all potentially liable to the victims of this outbreak for medical expenses, pain and suffering, loss of income and other damages.  We are representing several victims of E. coli outbreaks linked to beef products. Contact us for E. coli lawsuit information.

According to the Butte County Public Health Department, at least 18 people were sickened, 4 of them seriously. 

Two people are still hospitalized, one of them a six-year-old child. As happens to many children who contract E. coli infections, the child has developed hemolytic uremic syndrome (HUS), a severe illness that can cause kidney failure, pancreatitis, brain damage and damage to other organs. As attorneys who represent people with HUS and families of people with HUS who have died, we have witnessed the pain and suffering and emotional distressed caused by this illness. Attorney Fred Pritzker recently spent two days in an intensive care unit with a family whose loved one was in a HUS-associated coma.

If you are a victim of this outbreak or a parent of a victim, please feel free to contact us for a free consultation.  Even if you do not hire us to represent you, we understand that it can be helpful just to have the opportunity to have some questions answered.

E. coli Outbreak Associated with Barbecue for Volunteer Fire Stations

Saturday, September 13, 2008, the community of Forest Ranch, California gathered for a benefit barbecue for volunteer fire Station 24 and Station 23. What attendees did not know was that deadly E. coli bacteria had contaminated some of the food. According to Butte County health officials, at least 13 people were sickened, 4 of them seriously. 

Two people are still hospitalized, one of them a child. E. coli infections can lead to hemolytic uremic syndrome (HUS), a severe illness that can cause kidney failure, pancreatitis, brain damage and damage to other organs. We are representing E. coli victims who developed HUS and have recently recovered compensation for families of E. coli victims who died after developing HUS. Attorney Fred Pritzker recently spent two days in an intensive care unit with a family whose loved one was in a HUS-associated coma.

Most of the E. coli outbreaks in the last several months have been linked to beef products. One of the outbreaks was linked to beef tri-tip. One of the food items served was beef tri-tip sandwiches. Health investigators have not yet associated this outbreak to the beef tri-tip sandwiches or any other food source. Interviews and tests should shed light on what caused this outbreak. If the beef tri-tip is the source of the E. coli outbreak, the processor, distributor and retailer of the meat may be liable for any injuries caused by the contaminated meat. Contact attorney Fred Pritzker for more information about liability for E. coli-associated illness.

The following is an upbeat report of the benefit barbecue in Forest Ranch found on the Forest Ranch Community Association Web site that is dated September 19, 2008, days before health officials reported the E. coli outbreak associated with the event:

Saturday morning, the air was filled with anticipation as members from the community and Station 24 and Station 23 came together to set up for the Benefit BBQ. . . Inside Station 24, members of the Women's Club were arranging pies, cakes, cookies. . . Members of Mountain Joy Bible Fellowship were busy in the kitchen getting the food ready for the day. Many folks who came enjoyed the Tri-tip sandwiches, hot dogs, chili, BBQ Chicken Breast, veggie burgers and salad. The magic hour of noon came and the event was on underway.

With the Butte County Health Department, we encourage people to wash their hands to help prevent secondary spread of E. coli.

Michigan State Univeristy E. coli Outbreak Update

At least 10 Michigan State University (MSU) students have been hospitalized with E. coli O157:H7 infections. The Ingham County Health Department has reported that 4 additional students may also have E. coli infections.

If the food source of this MSU E. coli outbreak is found, there may be a number of parties that could be held liable for damages, which could include medical expenses, pain and suffering and loss of income. If a specific food source is not found, epidemiological evidence alone may be sufficient to hold parties liable. Epidemiological evidence includes interviews with those sickened, an analysis of food purchased with the sickened students’ MSU cards, and other evidence that would point to a common source of illness.

Our law firm represents E. coli victims throughout the United States. To contact one of our lawyers, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our online form for a free consultation.

Forest Ranch, California E. coli Outbreak

According to news reports, health officials in Butte County, California have associated an E. coli outbreak in Forest Ranch, CA with a fundraiser that was held in Forest Ranch earlier this month.

At least 4 people contracted E. coli infections after attending the fundraiser, which was held to raise money for a volunteer fire station in Forest Ranch.

If you have questions about E. coli, please contact attorney Fred Pritzker at 1-888-377-8900 (toll-free) or fhp@pritzkerlaw.com.

10 Michigan State University Students Contract E. coli Infections

10 Michigan State University (MSU) students have contracted E. coli O157:H7 infections. The Michigan Department of Community Health (MDCH) is investigating this outbreak.  To date, health officials have not uncovered the source of this outbreak.

Because students make their food purchases on campus with a MSU card, health officials can determine what the students ate and where.  This will provide significant evidence for health officials' epidemiological investigation.  We will continue to monitor this situation.

Ladies' Tea at Bethany Free Will Baptist Church in Broken Arrow, OK May Hold Key to Source of E. coli 0111 Outbreak

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

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

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

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

Alaska Campylobacter Outbreak Traced to Pea Farm

peas.jpgAccording to the Anchorage Daily News, a Campylobacter outbreak that has sickened 18 in Alaska has been traced back to Mat-Valley Peas in Palmer, Alaska.  The 18 people became sick starting August 1 after eating raw peas. The pea farm sells the product in 5 and 10-pound bags with clear cooking instructions, which under most circumstances would have prevented the bacterial outbreak.  Investigators, however, note that some retailers and sellers at farmers markets repackaged the peas from Mat-Valley and did not include the cooking instructions.  Campylobacter often causes foodborne illness with symptoms of diarrhea, weakenss, fever, nausea, and vomiting.

 

Locust Grove E. coli 0111 Outbreak Update

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

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

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

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

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

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

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

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

Investigation into Oklahoma E. coli 0111 Outbreak Continues

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

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

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

Sprouters Northwest Alfalfa Sprout Recall Due to Salmonella Risk

Sprouters Northwest, Inc. of Kent, Washington has recalled alfalfa sprouts, onion sprouts, and salad sprouts because they may be linked to a recent Salmonella Typhimirium outbreak in Oregon and Washington State. To date, 13 cases of Salmonella Typhimirium infection have been associated with the consumption of raw alfalfa sprouts.

alfalfa-sprouts.jpg The recalled sprouts are Sprouters Northwest brand and include all lot numbers with a best by date of 9/17/08 or earlier of: 5oz alfalfa sprout cups UPC - 033383701417, 4oz alfalfa clamshells UPC-815098001088, 1lb bags of alfalfa sprouts UPC - 079566123508, 2lb trays of alfalfa sprouts UPC – 079566123492, 5oz salad cups UPC - 033383702674, 4oz salad clamshells UPC - 815098002061, 5oz alfalfa onion sprout cups UPC - 033383701905, and 4oz onion sprout clamshells UPC – 815098002054.

The recalled sprouts were distributed in Washington, Oregon, Idaho, and Alasks in retail stores and through wholesale produce suppliers.

Salmonella Typhimirium can cause serious and sometimes fatal infections in young children, frail or elderly people and others with weakened immune systems. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e. infected aneurysms), endocarditis (swelling of the lining of the heart) and Reiter's syndrome.
 

More Interviews May Lead to Source of E. coli 0111 Outbreak

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

According to State Epidemiologist Dr. Kristy Bradley:

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

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

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

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

Oklahoma E. coli 0111 Outbreak Update

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

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

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

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

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

Oklahoma E. coli 0111 Outbreak Not Caused by Well Water

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

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

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

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

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

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

Oklahoma E. coli 0111 Outbreak Sickens over 100 People and Kills One

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

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

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


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

Update Regarding Country Cottage E. coli Food Poisoning

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

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

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

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

Oklahoma E. coli Kills One and Three on Dialysis after Developing Hemolytic Uremic Syndrome

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

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

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

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

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

Outbreak Linked to Country Cottage May Be E. coli

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

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

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

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

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

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

Death of Oklahoma Man Possibly Caused by E. coli

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

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

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

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

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

Outbreak Associated with Country Cottage Restaurant in Locust Grove, OK

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

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

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

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

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

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

 

Oklahoma E. coli Outbreak Linked to Locust Grove Restaurant

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

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

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

ecoliclump2.jpgOne of our recent E. coli wrongful death cases involved spinach. Another E. coli wrongful death case our law firm is handling involves a restaurant where a goat was slaughtered in the restaurant kitchen.

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

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

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

 

EcoDairy Farms Raw Milk Associated with California Campylobacter Outbreak

Milk.jpg

Health officials have associated raw milk from Alexandre Family EcoDairy Farms, a Del Norte County, California dairy with an outbreak of Campylobacter . The Del Norte County Department of Public Health has confirmed 3 cases of Campylobacter infection and is awaiting the results for 12 additional cases.

One woman sickened in this outbreak has developed Guillain-Barré syndrome, a condition in which the body damages its own nerve cells, resulting in muscle weakness and, in some cases, paralysis and death.

Because selling raw milk is illegal in California, dairies sell shares in a cow and distribute raw milk from the cow to "owners." The dairies often have the "owners" sign contracts where the "owners" agree to hold the dairies harmless if someone is sickened by the raw milk.

If you signed one of these "hold harmless" agreements and contracted Campylobacter after consuming the raw milk, you may still have grounds for a lawsuit against the dairy.  Contact our law firm for a free Campylobacter case review

 

Indiana Warns Against E. Coli Threat

 Health officials have warned residents of Delaware County, Indiana, that the county has had 8 cases of E. coli O157:H7 infection since July.   Health officials have been unable to identify the source or sources of the infections.  Interviews of those sickened has not led to a common food or restaurant.  According to The Star Press,  the Delaware County Fair is being considered a possible target for investigation.

ecolicow.jpg

Animals at county fairs have been the source of a number of E. coli outbreaks.  Cattle, sheep and goats can harboring E. coli O157:H7 in their intestines.  If a human consumes even a small amount of contaminated animal fecal matter (poop), the human can contract an E. coli O157:H7 infection and become sick.  E. coli symptoms can include stomach cramping, bloody diarrhea, vomiting, and can lead to a deadly form of kidney failure known as hemolytic uremic syndrome (HUS).

When visiting a county fair or anyplace that has animals to pet, wash your hands after petting the animals.  Wash your hands again right before you eat.

 

Nebraska Beef Expands Recall

 The USDA’s Food Safety Inspection Service (FSIS) has determined that the production practices employed by Nebraska Beef, Ltd., on June 24 were insufficient to effectively control E. coli O157:H7. According to FSIS, the products subject to the expansion may have been produced under insanitary conditions. Nebraska Beef, Ltd. has expanded its August 8 recall of beef products to 1.36 million pounds due to possible contamination with E. coli O157:H7. According to the USDA-FSIS announcement:

The total amount of product subject to recall is approximately 1.36 million pounds. The expansion of approximately 160,000 pounds and the clarifying information include:

  • Primal cuts, subprimal cuts and boxed beef produced on June 24, whose shipping containers and labels bear the establishment number "EST. 19336" inside the USDA mark of inspection and the company name "Nebraska Beef Ltd" The products may or may not bear a green sticker.
  • Primal cuts, subprimal cuts and boxed beef produced on July 8, whose shipping containers and labels bear the establishment number "EST. 19336" inside the USDA mark of inspection, the company name "Nebraska Beef Ltd." as well as a 2-inch plain, circular green sticker on one side of the shipping box.

Ground-Beef--Bulk.jpg

This recall is an expansion of the recall that was prompted by an E. coli outbreak linked to Nebraska Beef and Coleman Natural Foods that has 31 confirmed cases on 12 states and Canada.  We have filed a lawsuit against Nebraska Beef and are representing several families. For a free E. coli case review, please contact attorney Fred Pritzker, managing partner for our E. coli litigation practice: 1-888-377-8900 (toll-free) or fhp@pritzkerlaw.com

 

 

Whole Foods Market and Coleman Natural Foods Caught up in E. coli Outbreak

Thank you, Annys Shin of the Washington Post, for your update on the E. coli outbreaks linked to Nebraska Beef and the Whole Foods Market and Coleman Natural Foods connection:

Nebraska Beef, an Omaha meat packer, has been linked to two separate outbreaks of E. coli O157:H7 in the past two months. The first triggered a ground beef recall by Kroger's supermarkets. The second outbreak kicked off a ground beef recall by Dorothy Lane Market, a small chain in Ohio. The U.S. Department of Agriculture and the Centers for Disease Control and Prevention consider these two separate outbreaks because they involve two genetically distinct strains of O157:H7.

Whole Foods initiated the recall after Massachusetts health officials investigating a cluster of E. coli illnesses discovered all seven victims had bought meat at Whole Foods. The chain pulled ground beef from some of its stores on Wednesday. The Nebraska Beef recall was announced late Friday night.

. . . The strain found in the Whole Foods customers matches the strain found in the Dorothy Lane customers and the one found in a sample of Nebraska Beef meat, according to USDA. Dorothy Lane and Whole Foods both bought meat from Coleman Natural Foods which temporarily used Nebraska Beef to process its meat.

What this means legally for Whole Foods Market and Coleman Natural Foods is that they will most likely be sued, perhaps by our law firm. 

Innocent people contracted a violent illness because they consumed contaminated meat that went through a number of hands to land on their plates. Every company involved in the processing, distribution and sale of the contaminated meat is a potential defendant in a lawsuit seeking medical expenses and compensation for pain and suffering, emotional distress, loss of income and other damages. Contact attorney Fred Pritzker for more information.

Nebraska Beef, Ltd and Coleman Brand Ground Beef. Associated with Cases in California, Colorado, Connecticut, Idaho, Illnois, Massachusetts, New Jersey, New Mexico, New York, Ohio, Pennsylvania and Virginia

 An E. coli outbreak that has sickened people in at least 12 states and Cananda has been associated with Nebraska Beef, Ltd. beef products that were sold under the Coleman brand.  As a result, Nebraska Beef recalled 1.2 million pounds of ground beef.

We have contacted a number of the states involved in this outbreak, and the investigation is ongoing.  To date, states involved in this outbreak include the following: California, Colorado, Connecticut, Idaho, Illinois, Massachusetts, New Jersey, New Mexico, New York, Ohio, Pennsylvania and Virginia.

hamburger-patties.jpg Nebraska Beef produced the recalled products on June 17, June 24 and July 8, 2008. The shipping containers and product labels bear the establishment number “EST. 19336” inside the USDA mark of inspection as well as the brand “Coleman Natural.” However, these products were sent to establishments and retail stores nationwide for further processing and will likely not bear the establishment number “EST. 19336” on products available for direct consumer purchase.

On July 3, Nebraska Beef recalled 5.3 million pounds of beef manufacturing trimmings and other products intended for use in raw ground beef produced between May 16 and June 26. This recall also involved some Coleman brand products.   This recall was prompted by an E. coli outbreak that sickened people in Georgia, Indiana, Kentucky, Michigan, New York, Ohio, and Utah. Read more about the previous Nebraska Beef recall.

We have filed a lawsuit against Nebraska Beef.  Read more about the Nebraska Beef lawsuit.

Another Case of E. Coli Confirmed in Massachusetts

The Massachusetts Department of Public Health today confirms another E. coli case linked to ground beef.  This new case brings the total number of confirmed cases in the state to 7.  Investigators found that the seven individuals had eaten ground beef purchased from Whole Foods Markets in July.  The Department of Public Health has since warned consumers not to eat ground beef purchased from Whole Foods Market stores between June 2 and August 6.  The warning applies to all ground beef and ground beef patties from the meat counter and prepackaged in meat coolers.

Interestingly enough, health officials believe these cases are connected with the nationwide recall of ground beef from Nebraska Beef. The beef products have already been recalled due to possible E. coli contamination, but Whole Foods Markets purchased some of the affected products from Nebraska Beef (Coleman brand name).  Officials are looking into why Whole Foods Market sold the products after the recall had been issued. Whole Foods Market has since removed all beef products purchased from Nebraska Beef from store shelves.

E. coli can cause serious symptoms, such as bloody diarrhea, dehydration, and can lead to kidney failure (hemolytic uremic syndrome, or HUS).  The Department of Public Health continues to warn all consumers to always cook ground beef properly in order to kill any possible bacteria. So far, 5 of the 7 confirmed cases of E. coli in Massachusetts have been hospitalized.  Below is more information on each of the cases.

County of Purchase

Age

Sex

Onset of Illness

Essex

3

Male

7/10/2008

Middlesex

29

Female

7/16/2008

Middlesex

59

Female

7/12/2008

Middlesex

60

Female

7/14/2008

Middlesex*

57

Male

7/29/2008

Middlesex

13

Male

7/11/2008

Middlesex

19

Male

7/13/2008

*Asterisk indicates new case

S & S Foods Ground Beef Recall

S&S Foods LLC., a California company, is recalling approximately 153,630 pounds of frozen bulk ground beef because the beef may be contaminated with E. coli O157:H7

The recalled ground beef was sold in 30 pound boxes and was intended for food service and institutional use. The frozen, bulk ground beef was shipped to distribution centers located in Milwaukee, Wisconsin and Allentown, Pennsylvania.

Some of the ground beef has been linked by DNA fingerprinting to an E. coli outbreak at Goshen Scout Reservation in Virginia, according to a story in the Wall Street Journal that included statements by Laura Reiser, the U.S. Department of Agriculture's Food Safety and Inspection Service agency spokeswoman:

Reiser said the only known E. Coli cases connected to the meat are from the camp. State health officials said there are 25 confirmed cases among people who attended camp between July 20 and 26. Two campers who attended last week were also infected, and more than 80 people have shown symptoms since the outbreak, said Christopher Novak, an epidemiologist with the Virginia Department of Health.

At least one Scout, a Northern Virginia resident, remains hospitalized with hemolytic uremic syndrome, a complication that can occur when the E. coli toxin enters the bloodstream and that can lead to kidney failure, Novak said.

A box of meat from the Goshen Scout Reservation, near Lexington, had an "establishment number" corresponding to an S&S plant, Reiser said, and E. coli in the meat has been genetically matched to bacteria found in samples taken from some campers. That and other evidence led the agency to recommend the recall, Reiser said.

"Virginia tested products and provided us the information, and then we have our illness investigation, and between all that, we can say, 'Yes, these illnesses [at Goshen] are associated with this product," Reiser said.

J. Michael McMahan, an environmental health supervisor with the state Health Department, said Virginia health officials obtained the box of meat July 28, one day after the department first received reports of ill campers.

In this case, we got extremely lucky that we got a box of product left we could test," McMahan said. "That's really fairly unusual in an outbreak."

The contaminated meat went from the hands of S & S Foods, a California company, to Cargill, a Minnesota company, to a single food service customer, whose name was not released by Cargill. The food service provider for Goshen Scout Reservation was Sodexo, a worldwide food service provider.

The contaminated meat traveled from California to Virginia and landed in meals eaten by boy scouts, 25 of whom have confirmed cases of E. coli O157:H7. One scout is still in the hospital and has developed hemolytic uremic syndrome.

The Differences in Milk

A study published in the Journal of the American Dietetic Association  shows that there is very little difference between conventional, rbST-free, and organic milk.  Recombinant bovine somatotropin (rbST) is a synthetic version of natural bovine somatotropin (bST, also known as bovine growth hormone) which is produced in the pituitary glands of cattle. Researchers from the University of Missouri-Columbia, Penn State, and Monsanto published the study, collecting samples of the three types of milk from all 48 contiguous states.  The researchers tested bacterial counts, antibiotics, fat, protein, solids-non-fat, and hormone consumption.

According to Truth About Trade & Technology,

The study found minimal differences among the three types of milk. Conventional milk had a slightly lower bacteria count than organic or rBST free and lower levels of estradiol and progesterone than organic milk. There were no differences in the level of somatotropin (bST) in the three milks. Insulin-like growth factor-1 (IGF-1) levels were similar in conventional milk and rbST free and a little lower in organic milk. Organic milk had .1% higher protein content than the other two.

The study shows that in these areas, the three types of milk are functionally the same, with very little difference and would probably have no affect on consumer health, no matter which milk is being consumed.

Ground Beef May Be Source of Goshen Scout Camp E. coli Outbreak in Virginia

According to the Virginia Department of Health, ground beef may be the source of the E. coli outbreak associated with Goshen Scout Camp.  According to the Wall Street Journal, "the number of people who contracted the E. coli infection has grown to at least 18, with two boys in the most serious condition."  The serious condition is hemolytic uremic syndrome (HUS), which can cause renal failure, pancreatitis and central nervous system damage.

Hemolytic uremic syndrome is devastating.  Attorney Fred Pritzker, managing attorney for our E. coli cases, recently spent two days in intensive care with a family whose loved one was in a coma because of E. coli-related HUS.

grubby-stew.jpg

The Wall Street Journal story provides additional information about the Goshen Scout Camp E. coli outbreak:

Christopher Novak, a Health Department epidemiologist, said about 30 employees were investigating the outbreak, interviewing Scout troops and taking stool samples from those with symptoms.

Novak said a possible source was food in foil-packaged meals that included ground beef and vegetables. The camp staple, typically cooked over a fire by Scouts, is not problematic if cooked long enough and at the right temperature, Novak said.

Those who were infected with E. coli 0157, a harmful strain of the bacterium, were a mix of Boy Scouts and Cub Scouts and two people from Maryland, officials said. The sick children ranged in age from 10 to 16, and about 10 required hospitalization, Novak said.

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Six of those were treated and released, Novak said. Of the remaining four, two had hemolytic uremic syndrome, which occurs when the toxin produced by the bacterium enters the bloodstream, he said.

The "camp staple" referred to by the Wall Street Journal is "grubby stew," ground beef and vegetables wrapped in foil and cooked in a campfire.

If ground beef is the culprit, test should reveal whether this outbreak is connected to the outbreaks around the country linked to Nebraska Beef, Ltd. ground beef components.  We have filed a lawsuit against Nebraska Beef on behalf of an E. coli victim, and we are other families whose loved ones have been sickened by ground beef made with Nebraska Beef products.

Nebraska E. coli Outbreak Associated with Pork Sandwiches

A Nebraska E. coli outbreak has been associated with pork sandwiches eaten at a community event. 

According to the Four Corners Health Department:

5 laboratory confirmed cases of E. coli have been reported, with the sickened individuals having attended a common event held in York.  Of the 5 confirmed cases, 2 required hospitalization, no one died.

Vicki L. Duey, Executive Director of the Four Corners Health Department explains that “we are focusing on an event where barbeque pork sandwiches were eaten. There is no evidence at this time to relate these illnesses to food served by a restaurant or licensed caterer.” She reports investigators have interviewed 70 people who ate food from the event. “Twenty-eight have indicated they fell ill after consuming a barbeque pork sandwich, including the 5 confirmed cases, with the individuals becoming ill sometime between July 18 and July 26. The food preparation process may have contributed to the contamination. Because there have been no other related E. coli cases in the region, officials are focusing on this one time event.  The investigation continues.” 

The people sickened in this outbreak should have their medical expenses paid and be compensated for their injuries.  In this case, the responsible parties may include:
  • The organization that sponsored the event
  • The organization that sold the pork sandwiches
  • The retailer who sold the pork
  • The distributor who supplied the pork to the retailer
  • The processor who processed the pork
If you have questions about compensation for E. coli victims, please contact our law firm: call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our Free E. coli case review form.

Virginia Boy Scout Reservation Associated with E. coli Outbreak

The Virginia Department of Health (VDH) is investigating an outbreak of E. coli O157 infection among recent attendees of a Boy Scout reservation located in Goshen, Virginia. In an effort to determine the source of the outbreak, health officials are interviewing staff, the parents of the ill children, and health care providers.

“The majority of ill persons are residents of northern Virginia, although we are aware that attendees of the camp live in areas throughout Virginia, as well as in Maryland, the District of Columbia, and possibly other states,” said Virginia State Health Commissioner, Karen Remley, M.D., M.B.A..

There are at least 13 confirmed cases, all of them boys, according to a story in the Washington Post.  Twelve of  the thirteen sickened boys are from Northern Virginia, and one boy is from Maryland.

Two of the thirteen boys were hospitalized. 

ecoliclump2.jpg“Some people who are exposed to E. coli O157 do not become ill,” explained VDH epidemiologist, Seth Levine. “Others may develop stomach cramps and watery bloody diarrhea. Fortunately, most people recover on their own within 5-10 days - but it is important that anyone who has bloody diarrhea seek medical attention just to be safe. However, antibiotics do not appear to help people get better faster and are not usually indicated. Persons with diarrhea should drink plenty of liquids to prevent dehydration. Drugs that stop diarrhea (e.g., Imodium) should not be used.”

About 5% of the people who contract E. coli O157:H7 infections develop hemolytic uremic syndrome (HUS), a severe illness that often causes kidney failure and damages other organs.

Nebraska Beef, Ltd, has recently recalled over 5 million pounds of ground beef components due to possible contamination with E. coli O157:H7.  The recall was prompted by a multistate E. coli outbreak that has over 40 confirmed cases.  We have filed a lawsuit on behalf of one of the victims of the outbreak against Nebraska Beef, Ltd. and Kroger Co., the retailer who sold ground beef to our client.

Further testing is needed to determine whether this E. coli outbreak associated with the Virginia Boy Scout reservation is also connected to recalled Nebraska Beef, Ltd. beef products.

Unsanitary Conditions Can Lead to Contamination of Raw Milk with E. coli O157:H7

E. coli outbreaks linked to raw milk can be caused by unsanitary conditions that exist during the milking process.  An example of this is a 2005 E. coli outbreak linked to raw milk from a farm in Washington State. The outbreak-strain of E. coli O157:H7 was found in the farm’s raw milk and in environmental samples, including "seven environmental samples collected from the floor of the farm milking parlor," according to a CDC report on the outbreak.

Unsanitary conditions were found at the farm by state health officials investigating the outbreak:

During inspections of the farm, officials from the Washington State Department of Agriculture (WSDA) noted mud and manure accumulation in the entrance to the milking parlor and on the rubber mats covering the dirt floors of the parlor. The bucket used for milk collection had direct contact with these surfaces. Inspectors also noted inadequate hand-washing facilities and improper procedures for cleaning milking equipment and handling fresh milk.

It is critical that farmers supplying raw milk for human consumption keep milking areas impeccably clean.  If not, people may get sick.  And when elderly people and children end up on dialysis and fighting for life because they consumed raw milk, the farmers who didn't take the time to clean up the milking area should compensate those sickened and their families.

Dorothy Lane Market Hamburger Recall

Six people in the Dayton, Ohio area have confirmed cases of E. coli.  Two of those people got sick after consuming hamburger purchased at the Dorothy Lane Market Washington Square store in Dayton, Ohio, according to WHIO Radio.  This E. coli outbreak has been linked to Nebraska Beef, Ltd. ground beef components and so far includes 49 confirmed cases of E. coli in Georgia, Indiana, Kentucky, Michigan, New York, Ohio and Utah.

We have filed a lawsuit in Ohio against Nebraska Beef, Ltd. and Kroger Co. on behalf of a victim of this outbreak.  We are also representing other families.  Contact attorney Fred Pritzker for more information: 1-888-377-8900 (toll-free) or email attorney Fred Pritzker.

ground-beef.jpgIn response to this outbreak, Dorothy Lane Market has asked consumers to bring back unused ground beef products purchased at all of the store's locations (3 locations) with "sell by" dates between June 9th and July 29th. This Dorothy Lane Market hamburger recall involves over 25,000 packages of raw hamburger that used ground beef components provided by Nebraska Beef, Ltd.  This outbreak has prompted Nebraska Beef, Ltd. to recall over 5 million pounds of beef products.

Three More Cases of E. coli in Nebraska

ecoli.jpgThree more people have tested positive for E. coli in Nebraska, according to an Associated Press story.  This brings the total number of Nebraska E. coli cases to five.

Health officials are still investigating the outbreak, but according to the AP story:

Vicki Duey of the Four Corners Health Department says she's looking at whether the food served at a public event held earlier this month may have sickened people. She declined to give specific information about the event or where it took place.

During the investigation, it is valuable to have legal representation. To contact our law firm, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker, managing partner for our E. coli cases, or submit our E. coli case review form.


Jalapeno Pepper Provided by Ill Patient Tests Positive for Salmonella Saintpaul

Investigators have linked a confirmed case of  Salmonella Saintpaul infection to a contaminated jalapeno pepper. The multistate outbreak of Salmonella Saintpaul has over 1,300 confirmed cases in 43 states, the District of Columbia, and Canada.  Last week, the FDA confirmed a jalapeno pepper sample at a distribution center tested positive for the outbreak strain.  Now, the Laboratory Services Division of the Colorado Department of Public Health and Environment has confirmed that a jalapeno provided by an ill patient also tested positive for the outbreak strain--the first pepper that has been directly linked to human illness.

The La Junta TribuneDemocrat reports that the pepper was purchased at a local Wal-Mart around the June 24.  The individual who purchased the pepper became sick on July 4.  The Colorado State Health Department is working with the FDA to determine the origin of the pepper.  The FDA has issued a warning to consumers about raw imported jalapenos, especially those grown in Mexico.

Salmonella Saintpaul Investigations Slowed by Lobbyists

The slow investigation of the FDA and other government agencies in the nationwide Salmonella Saintpaul outbreak has pressured lawmakers and the food industry into updating its record-keeping system.  An electronic tracing system would help to quickly identify the source of outbreaks like the Salmonella outbreak that has sickened over 1200 people this summer.

According to The San Francisco Chronicle,

The food industry pressured the Bush administration years ago to limit the paperwork companies would have to keep to help U.S. health investigators trace produce that sickens consumers, according to interviews and government reports.

The White House also killed a plan to require the industry to maintain electronic tracking records. Companies complained the proposals were too burdensome and costly, and warned they could disrupt the availability of consumers' favorite foods - especially fresh produce.

Representative John Dingell (D-Michigan) claims that the food industry has brought trouble upon itself.  The “successful” lobbying effort to halt regulations requiring a better record-keeping system has backfired, slowing down investigators and costing businesses and growers approximately $250 million.  According to William Hubbard, a former FDA associate commissioner, “If the FDA had been given the resources and authority years ago that it requested to solve these kinds of problems, I think we would have solved this already.”

The search for the source of the outbreak was long and arduous, to an extent that Congress is holding a hearing to investigate why it took so long to get any real answers.  Although an electronic tracking system would have expedited the investigation, there are already supposed to be measures in place to help with these types of investigations.  The Public Health Security and Bio Terrorism Preparedness and Response Act of 2002 already requires the food industry to keep records so that food can be traced.

Frank Pecarich at the California Progress Report writes that,

In Congress, a leading advocate of food industry safety reforms said the industry would do well to listen to consumers on the need for tracing. "We live in an age of technology where you can bar-code a banana," said Sen. Dick Durbin, D-Ill. "We've got to work this through with the industry and come up with something that's reasonable. The more confidence consumers have, the more goods they will purchase."

It’s about time that the industry changes its views on a better record-keeping system.  After the devastating losses of the Salmonella Saintpaul outbreak, the system is a logical choice.  The industry, working with Congress and food safety agencies, can do a lot better to make sure that future outbreak investigations go quickly and smoothly, minimizing damage to the economy and to the industry, all while protecting the health of America.

The Benefits of a National Traceback System

The Salmonella Saintpaul outbreak, which now has over 1200 confirmed cases, could have been much smaller if the technology was in place to effectively trace the source of foodborne outbreaks.
According to the Associated Press,

The salmonella outbreak has set off a scramble among industry, regulators and lawmakers to devise a system that would allow food to be traced quickly through a serpentine supply chain that spans nations and continents.

"We clearly have the technology to trace food from field to fork, but we don't have any national system to coordinate it," said Rep. Diana DeGette, D-Colo.

Canada already uses an electronic tracing system to track cattle. Cattle ranchers produce a report that shows farms, auction pens, and feed lots that their cattle stopped in from birth to slaughterhouse.  The same technology is now being adapted in the U.S. produce industry.

Dr. David Acheson, the Food and Drug Administration's food safety chief, says a better tracing system needs three key components: a unique identifier that follows each food item from field to consumer, electronic record keeping and a common framework for sharing information among all the players.

"It is unquestionable that we need to put more emphasis on the importance of traceability," said Acheson. "Tracing foods back can be really tough, or pretty straightforward, depending on the system."

Some retailers, such as Costco, already require a certain level of traceback. Costco annually audits its suppliers to make sure they are receiving safe products. FoodLogiQ, a North Carolina-based company that handles Canada’s cattle tracing uses radio frequency ID tags to trace cattle movement.  FoodLogiQ believes that a simple label on packages aren’t helpful enough and that the most effective way of tracking is to constantly track what places through which the product moves. FoodLogiQ’s system was used to traceback a case of mad cow disease in Canada in 2003.

Tomato Industry Seeks Compensation

Now that the FDA has discovered a jalapeno that tested positive for the strain of Salmonella Saintpaul that has sickened over 1200 people across the country, the tomato industry is seeking compensation for losses incurred by the outbreak. Investigators originally thought that tomatoes were the source of the outbreak, but no tests ever came back positive for the outbreak strain.  The FDA lifted its advisory on tomatoes, but still maintains that tomatoes may be linked to the outbreak.

According to The Wall Street Journal, Representative Tim Mahoney (D-Florida), has introduced a bill to the House of Representatives that would compensate the tomato industry $100 million, in a way similar to that of disaster assistance.  The amount is based on the number of tomatoes thrown out by retailers and lower market prices during the period that the FDA warned consumers against eating raw tomatoes.  Even though restaurants dumped tomatoes and many consumers refused to eat them, the number of Salmonella cases continued to grow. The FDA now advises against eating raw jalapenos.

According to The Wall Street Journal,

Consumer advocates oppose the bill. Sarah Klein, a staff attorney at the Center for Science in the Public Interest, said the food-industry lobby over the years has weakened federal food-safety oversight, and consumers shouldn't foot the bill now. "We'd like to see the industry focusing on how to prevent these outbreaks for the future to protect consumers and their bottom line," she said.

The bill is being processed in the House of Representatives, with no similar legislation in the Senate.  There is also a time crunch with the coming election in November.  Last year, the House denied a similar bill, one seeking compensation for the spinach industry after the 2006 E. coli outbreak linked to fresh spinach.  The viability of the current bill remains uncertain.

FDA Narrows Jalapeno Advisory

The FDA updated its advisory on jalapeno peppers today by narrowing the advisory to raw jalapenos grown, harvested, or packed in Mexico.  Raw jalapeno peppers have been linked to the nationwide outbreak of Salmonella Saintpaul after the FDA discovered a jalapeno contaminated with the outbreak strain at the Agricola Zarigoza distribution center in McAllen, Texas, but the pepper was grown and harvested in Mexico.

Using traceback and traceforward information, the FDA discovered that the Agricola Zarigoza center in Texas was not the original source of contamination. Not only has the FDA cleared the center from being linked to the outbreak, but the FDA has stated that domestically grown and harvested jalapenos and Serrano peppers are safe for consumption.  The FDA also notes that commercially canned, pickled, and cooked jalapenos from any and all geographic locations have not been connected to the outbreak.  The advisory only applies to raw jalapenos produced in Mexico.

Minnesota Department of Health Finds Source of Salmonella Saintpaul Outbreak

The FDA needs to get some training from the Minnesota Department of Health. 

The Salmonella Saintpaul outbreak that the FDA initially traced to tomatoes has 1279 confirmed cases to date. People started getting sick in April and the numbers have continued to climb fast.  The FDA started looking at other foods as the possible source of the outbreak, but the investigation was going nowhere until people from Minnesota got sick and the Minnesota Department of Health got involved.

According to a story in today’s StarTibune by Josephine Marcotty and Maura Lerner, the Minnesota Department of Health traced the source of the Salmonella Saintpaul outbreak to jalapeno peppers in less than two weeks:

Minnesota health officials first learned of a salmonella outbreak in the state on June 23. By July 9, they were on the phone with their federal counterparts making it "crystal clear" it was not tomatoes but jalapenos that were the likely source, said Kirk Smith, head of foodborne diseases at the Health Department.

Smith said that by mid-June, federal investigators already had begun to think tomatoes were not the sole culprit.

Food and Drug Administration (FDA) officials still have not completely ruled out tomatoes. Data indicate jalapeno peppers caused some illnesses but not all, said FDA spokesman Mike Herndon in an e-mail interview.

In Minnesota, the break came when 27 people who ate at the same Twin Cities restaurant fell ill from the exact rare salmonella strain in the national outbreak.

On Monday, federal officials said they found the same strain on a jalapeno pepper in a giant produce warehouse in McAllen, Texas -- the same warehouse identified by Minnesota investigators weeks ago.

"What happened in Minnesota should be the norm," said Mike Osterholm, University of Minnesota foodborne illness expert and an adviser to state and federal health agencies. "They did it quickly and they did it effectively and they were able to trace back what nobody else was able to trace back."

Read the full story, “'Team Diarrhea' helped state crack salmonella case.”

Senator Clinton Voices Concern Over FDA Actions

Before she has even had time to brush the dust off of her shoes after leaving the campaign trail, Senator Hillary Rodham Clinton (D-New York) is in the news again.  This time for her reaction to the Salmonella Saintpaul outbreak that has sickened over 1200 people.

As most people know, particularly those who ordered a BLT last month and got a BL, the FDA initially believed tomatoes were the source of the outbreak.  Monday, the FDA announced that one jalapeno pepper sample had a positive genetic match with the outbreak-strain of Salmonella Saintpaul.  A recall of jalapeno peppers was issued; restaurants quit using raw jalapeno and serano peppers; and Hillary (hereinafter referred to as Senator Clinton) wrote a letter.

In her letter to Dr. Andrew von Eschenbach, FDA Commissioner, Senator Clinton expressed concern about the FDA’s inability to localize the source of the Salmonella Saintpaul outbreak, saying “despite the work of investigators from your agency, we still cannot provide assurances to consumers that their produce, especially certain types of peppers, is safe.”

Senator Clinton also commented on the FDA’s progress on implementing the Food Protection Plan:

In November 2007, your agency announced a Food Protection Plan that would improve the FDA’s ability to prevent, intervene, and respond to food-related outbreaks.  This plan detailed concrete actions that the agency would be taking to ensure safety from the earliest points in the production phrase through consumption.  Earlier this month, you released a six-month progress summary.  Given the number of serious food outbreaks that have occurred in the past few years, I am disappointed at the lack of progress you have made in implementing the Food Protection Plan.

Also in the letter, Senator Clinton pointed out specific areas in which the FDA has failed to live up to the goals of the Food Protection Plan.  Those areas include setting up meetings with sates, food industry representatives, and consumer groups to discuss ways of preventing outbreaks, and negotiating with neighboring countries (Canada and Mexico).  She also pointed out the lack of improvement in regard to traceability of outbreaks.

After reviewing the FDA’s progress report on implementing the Food Protection Plan, Senator Clinton asked four questions of Dr. von Eschenbach to provide more details:

1. What is your schedule for meetings with stakeholders and industry regarding traceability? With which groups will you be meeting?

2. Given that models exist for traceability, when you will release a “best practices” document?

3. What is your schedule for meetings and implementation of the Food Protection Plan with our neighboring nations, particularly Canada?

4. You have scheduled a meeting with the states on food safety for August 2008. What is the agenda for this meeting, and what does the FDA anticipate as action steps that will emerge from this conference?

Perhaps pressure from Congress, including senators such as Senator Clinton, will prompt the FDA to finally live up to the standards and goals it has set in order to protect the nation from foodborne illness. Then again, maybe the FDA is still working on what the definition of food safety is.

Raw Milk Associated with Four Cases of E. coli

Four people have fallen ill in Connecticut after consuming raw milk that may have been contaminated with E. coli. The raw milk was produced by the Town Farm Dairy in Simsbury, Connecticut, and the farm has since stopped the production and sale of all milk products.  Investigators say that drinking raw milk from Town Farm Dairy was a common link.

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Unlike pasteurized milk, raw milk has not been treated to kill harmful bacteria such as E. coli and Listeria monocytogenes.  Currently, 21 states require that all milk products for sale be pasteurized, while 25 allow the production of raw milk.  However, federal regulations by the FDA require that all milk products produced for interstate sale be pasteurized.  According to courant.com, Connecticut allows the sale of raw milk, but it must be labeled saying that the product contains “organisms that may be harmful to human health.”

Town Farm Dairy was originally shut down by its owner in 2003, but was reopened recently by a group known as Friends of Town Farm Dairy.  The farm is also the only one in the state of Connecticut that is a certified organic dairy farm that has retail and wholesale distribution.  The group running the dairy had hired farmers to run daily operations, but the farmers left July 1, leaving the group’s board members and volunteers to operate the farm. The milk was purchased with sell-by dates of June 24, July 4, and July 16, which was during the transition period of the farmers leaving.  The timing of the outbreak questions whether or not enough attention was being paid to the safety of the dairy products during the transition.

For information on legal representation, please contact our law firm:

Salmonella Saintpaul Outbreak Linked to Jalapeno Peppers

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The FDA has announced that one jalapeno pepper sample is a positive genetic match with the Salmonella Saintpaul strain causing the current Salmonella outbreak that has over 1200 confirmed cases in 43 states, the District of Columbia and Canada.

According to the FDA, "The positive sample was obtained during an FDA inspection at a produce distribution center in McAllen, Texas. The pepper was grown on a farm in Mexico, however, that does not mean that the pepper was contaminated in Mexico."

The following is the announcement of the resulting jalapeno pepper recall:
Agricola Zaragoza, Inc. of McAllen, Texas is recalling Jalapeno Peppers distributed since June 30th, 2008 because they have the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

The Jalapeno Peppers were distributed to customers in GA and TX.

The Jalapeno Peppers being recalled were shipped in 35lb. plastic crates and in 50lb. bags with no brand name or label.

The recall is a result of sampling by FDA, which revealed that these Jalapeno Peppers were contaminated with the same strain of Salmonella Saintpaul responsible for the current Salmonella outbreak. It is unknown at this time which, if any, of the more than 1,200 illnesses reported to date are related to this particular product or to the grower who supplied this product.  Distribution of these products has been suspended while FDA, the Texas Department of State Health Services and the company continue their investigation as to the source of the problem.

Consumers and retailers who purchased Jalapeno Peppers should contact their supplier to determine if their products are involved in the recall. Commercial manufacturers that have used these recalled Jalapeno Peppers as an ingredient in other products (i.e. salsas, etc.) are encouraged to contact their local FDA office to determine if these products should be recalled.  Additionally, restaurants, retail food stores, and similar retail institutions that have used these Jalapeno Peppers as a garnish or as an ingredient to prepare entrees, salsas or other products are asked to dispose of these products making sure that all such peppers are not inadvertently made available for purchase, salvage or donation and therefore preventing any possibility for human or animal consumption.

CDC Updates E. Coli Outbreak to Include Utah and More Cases in Georgia

Updated CDC information on the multistate outbreak of E. coli now includes the state of Utah and more confirmed cases in Georgia.  The outbreak now has affected 7 states: Georgia (4 cases), Indiana (1), Kentucky (1), Michigan (20), New York (1), Ohio (21), and Utah (1).  The illnesses began between May 27 and July 1, 2008, resulting in 27 hospitalizations and one case of a type of kidney failure caused by E. coli known as hemolytic uremic syndrome (HUS).

Investigators first traced the outbreak strain to contaminated ground beef purchased at Kroger retail stores located in Michigan and Ohio. Kroger has recalled all of its ground beef products that may have been contaminated.  Kroger’s supplier was then found to be Nebraska Beef, who originally recalled 531,707 pounds of ground beef on June 30, but then expanded the recall on July 3 to include approximately 5.3 million pounds of ground beef components produced between May 16 and June 26.

The cases in Georgia were traced back to the Barbecue Pit restaurant in Moultrie, Georgia, which also had used ground beef components from Nebraska Beef. 49 confirmed cases have been linked to the outbreak, with Nebraska Beef as the common denominator for supplying contaminated ground beef components.

CDC Updated Information: E. coli Cases in Georgia, Indiana, Kentucky, Michigan, New York and Ohio are Part of E. coli Outbreak Linked to Ground Beef

The multistate E. coli outbreak that originally affected residents of Michigan and Ohio has now spread to four more states.  According to the CDC, there have been 45 confirmed cases linked to this outbreak, 20 in Michigan and 21 in Ohio, which now includes one case in each of the following states: Georgia, Indiana, Kentucky, and New York.  In all instances, illness began between May 27 and June 24.

According to the CDC,

Twenty-three persons have been hospitalized. One patient developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths have been reported. Twenty-six (58%) patients are female. Patients range in age from 4 to 78 years with a median age of 19 years.

Ground beef samples from several patients were found to match the outbreak strain of E. coli. The ground beef was connected to Kroger retail stores in Michigan and Ohio, prompting Kroger to recall ground beef sold at their Michigan and Ohio stores. On June 30, Nebraska Beef, Ltd. (Kroger’s supplier) recalled half a million pounds of ground beef. One July 3, the Nebraska Beef recall was expanded to include 5.3 million pounds of beef products.

Georgia E. coli Outbreak Part of Multi-State E. coli Outbreak

The CDC has reported that one case in Georgia is now part of the multi-state E. coli outbreak that has been linked to Kroger ground beef and Nebraska Beef, Ltd. ground beef components.  The first cases reported in this outbreak were in Michigan and Ohio.  On July 15, the CDC reported that Indiana, Kentucky and New York each had one confirmed case.  With Georgia added to the list, there are now 6 states involved in the outbreak.

Our law firm has filed a lawsuit on behalf of a victim of this E. coli outbreak.  To contact us regarding this lawsuit, please call 1-888-377-8900 (toll-free) or email attorney Fred Pritzker.

The Georgia case is one of 8 E. coli cases in Georgia that have been linked to the Barbecue Pit in Moultrie, Georgia. According to the Moultrie Observer:

“This is not a new case,” Southwest Georgia Public Health District Health Director Jacqueline Grant said. “What is new is that the CDC has now determined that it fit their case definition for the outbreak that began in Michigan and Ohio.”

Late Tuesday, Grant said the CDC announced that New York, Kentucky and Indiana each had a lab-confirmed case of bacterial infection that matched the clusters in Michigan and Ohio that had been traced to beef sold in Kroger supermarkets. With the inclusion of Georgia, six states are now linked to the outbreak.

“The number of lab-confirmed E. coli cases associated with the Colquitt County outbreak remains at eight, with four presumed cases,” Grant said. “That number has not changed. The lab-confirmed cases are undergoing additional testing to determine whether they also match the multi-state case definition. Testing results are expected later this week.”

The Colquitt County cases are the only cases related to the national outbreak found in Georgia by disease investigators, Grant said. All confirmed and presumed cases involve people who ate at the Barbecue Pit, located at 311 First Ave. S.E. in Moultrie from mid-June through July 3.

Michigan and Ohio E. coli Outbreak Linked to Kroger and Nebraska Beef, Ltd. Now Includes Cases in Indiana, Kentucky and New York

According to the CDC, the E. coli outbreak that has been linked to Kroger ground beef and Nebraska Beef, Ltd. ground beef components now involves 5 states: Indiana (1), Kentucky (1), Michigan (20 according to the CDC and 22 according to the Michigan Department of Community Health), New York (1), and Ohio (21). The illnesses began between May 30 and June 24, 2008. Patients range in age from 4 to 78 years with a median age of 20 years.

Twenty-one ill persons have been hospitalized, according to the CDC. One patient has developed hemolytic-uremic syndrome (HUS), an illness that can develop from an E. coli O157:H7 infection. HUS can cause kidney failure (renal failure) and damage to other organs. 

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Health officials have linked Kroger ground beef to this outbreak.  According to the CDC:

State health and agriculture departments tested ground beef recovered from several patient residences that was purchased at Kroger® retail stores in Michigan and Ohio. Molecular fingerprinting testing conducted by the Ohio and Michigan Departments of Health and Agriculture Laboratories, in collaboration with PulseNet, the national molecular subtyping network for foodborne disease surveillance, on E. coli O157 isolates isolated from these ground beef samples have confirmed the isolates to be the outbreak strain of E. coli O157.

CDC's OutbreakNet Team conducted a multi-state case-control study in collaboration with health authorities in Ohio and Michigan to epidemiologically examine exposures that would be related to illness. The data indicate a significant association between illness and eating ground beef purchased at one of several Kroger® Company stores in Michigan and Ohio. CDC has provided these results to the USDA-FSIS and public health agencies in Michigan and Ohio.

On June 25, 2008, a recall was announced for ground beef sold at Kroger® Co. Stores in Michigan and Ohio. On July 3, the Kroger® Co. expanded the June 25th recall to include ground beef products from Kroger® establishments outside of Michigan and Ohio.

Kroger used Nebraska Beef, Ltd. ground beef components to make the Kroger ground beef involved in this outbreak. According to the USDA:

Nebraska Beef, Ltd., was identified as a common supplier to those stores in addition to two federally inspected establishments where FSIS obtained a positive ground beef sample that was matched to the outbreak strain.

On June 30, 2008, a recall of 531,707 pounds of ground beef components from Nebraska Beef Ltd. was announced. On July 3, 2008, the Nebraska Beef recall expanded to include all beef manufacturing trimmings and other products intended for use in raw ground beef produced between May 16 and June 26, 2008, totaling approximately 5.3 million pounds.

Our law firm has filed a lawsuit against Kroger Co. and Nebraska Beef, Ltd. on behalf of a victim of this E. coli outbreak.  To contact our law firm regarding this lawsuit, please call 1-888-377-8900 (toll-free) or email attorney Fred Pritzker.

New Food Safety from Old Food Sources

New food safety techniques may come from very traditional sources. In recent studies by chemists at the Agricultural Research Service, spices such as oregano, cinnamon and cloves have been found to kill certain foodborne illnesses such as E. coli, Salmonella enterica, Campylobacter jejuni, and Listeria monocytogenes.

According to a press release issued by the United States Department of Agriculture, researchers are attempting to implement the bacteria and germ fighting power of the spices through edible films. According to the USDA, researchers are testing whether or not:

A thin, pliable, edible film for the future might be made of puréed spinach spiked with carvacrol, the compound responsible for oregano's ranking as a top fighter of E. coli in the Friedman study.
The scientists want to find out whether adding small squares of carvacrol-enhanced spinach purée film to bags of chilled, ready-to-eat spinach leaves would help protect this salad green against E. coli.

Chemist Mendel Friedman is leading the team of researches, who will also examine other uses of the botanical bacteria busters.

The Failure of Nebraska Beef to Promptly Deal With Contaminated Beef

Now that the health investigators have associated Nebraska Beef, Ltd. with the Ohio and Michigan E. coli outbreak that has sickened at least 43 people, they are looking at this outbreak as evidence that our food safety system that does not go far enough to protect consumers.

The Columbus Dispatch has conveniently drawn up a timeline of events in the outbreak:

June 9

  • Nebraska Beef gets the first word from the U.S. Department of Agriculture that samples of meat from processing companies tested positive for E. coli. According to a company spokesman, that notice said Nebraska Beef was among a group of firms suspected to have supplied the product.

June 11

  • Central Ohio health officials express concern over six reports of E. coli O157:H7 infections in Franklin and Fairfield counties in one week. The cases followed the death in late May of a Gahanna woman who was infected with the bacteria.

June 16

  • Columbus Public Health declares an E. coli outbreak as reports of new cases accumulate and emergency rooms see a spike in visits from patients with gastrointestinal problems.

In central Ohio, the E. coli count jumps to 11.

June 17

  • Nebraska Beef gets another notice about contaminated meat.

June 23

  • The Ohio Department of Agriculture laboratory confirms a ground-beef sample from a sickened resident is contaminated with E. coli bacteria.

June 24

  • Michigan Health officials say many of the sickened people ate ground beef from Kroger. The grocer's Columbus division confirms that its meat was consumed by at least one of the people infected in central Ohio.
  • The Centers for Disease Control and Prevention declare a multistate outbreak.

June 25

  • Ohio health officials genetically match bacteria found in ground beef sold at a Gahanna Kroger to 33 DNA-linked illnesses, 17 in Ohio and 16 in Michigan.
  • Kroger recalls an undetermined amount of ground beef with sell-by dates from May 21 through June 8.

June 27

  • USDA issues Nebraska Beef a notice of intended enforcement, a warning that the agency issues to companies that need to make changes. In this notice, the department's Food Safety and Inspection Service cited an inability to control E. coli O157:H7.

June 30

  • Nebraska Beef recalls 531,707 pounds of meat used to make ground beef. The meat was sent to companies in seven states.
  • The first Ohio product-liability lawsuit is filed in Franklin County by a New Albany woman who was sickened by E. coli bacteria.

July 3

  • Nebraska Beef expands recall to 5.3 million pounds of meat.
  • The Nebraska Beef recall prompts Kroger to expand its recall to include company-owned stores throughout the country with sell-by dates as late as July 5.

When Kroger ground beef was confirmed as a source of the Ohio and Michigan E. coli O157:H7 outbreak on July 25, Nebraska Beef knew that they supplied ground beef components to Kroger, knew that some of their ground beef components were testing positive for E. coli O157:H7, and still chose to do nothing until June 30, when the company issued its initial recall (later expanded to 5 million pounds of beef).

Arguably, Nebraska Beef's failure to quickly act on knowledge of contamination resulted in more people being sickened in Michigan and Ohio.  An E. coli outbreak in  Georgia (E. coli outbreak linked to the Barbecue Pit) has also been linked to Nebraska Beef.

Nebraska Beef's delayed response during this outbreak has prompted the Ohio Department of Agriculture to make a change in its policies.  the Ohio Department of Agriculture will no longer wait for agencies or companies to make an announcement about tainted products that the department finds.  The department will now only wait three hours (or until 4 pm) for agencies or companies to notify the public of the results before the department releases the information itself.

 

Officials Look For Source of Shigellosis Cases

Health officials in Franklin County, Ohio, are attempting to find the cause of 97 reported cases of shigellosis. Shigellosis is an intestinal infection of the Shigella bacteria, causing diarrhea, fever, and cramping, and is most common in toddlers. The source of the disease can often be traced back to daycare centers, restaurants, and swimming pools that do not contain chlorine.

According to 10TV, Franklin County only reported 17 cases of shigellosis in 2007, but nearly 100 cases have been reported in the past few weeks. The source of disease has not yet been identified by health officials, but they have notified area daycares and health institutions to increase the awareness of the disease.

If the source of the disease is found to be a restaurant or daycare center, affected individuals may be entitled to compensation due to the liability held by those institutions. To contact our law firm, please call 1-888-377-8900 (toll-free), email Fred Pritzker or submit our firm's free E. coli case consultation form.

FSIS Will Begin Listing Retail Stores Involved in Recalls

Starting next month, the USDA’s Food Safety and Inspection Service (FSIS) will begin listing retail establishments that have received recalled products.  In the past, only information relating to the establishment that recalled the affected product was released, including the reason for recall, a product description, identifying product codes, and information on how to contact the establishment.  Under the new policy, FSIS will not only list the establishment that recalls the product, but also the retail stores that receive meat and poultry products involved in Class I recalls.   This is information the we called on the FSIS to list with Class I recall announcements.

Class I recalls pose the most serious threat to public health, and the affected products have a reasonable probability of causing serious danger to those with weak immune systems.  The USDA is implementing this new policy so that consumers have the best information available to determine if they have recalled products in their home.  

According to Secretary of Agriculture Ed Schafer:

"The identity of retail stores with recalled meat and poultry from their suppliers has always been a missing piece of information for the public during a recall. People want to know if they need to be on the lookout for recalled meat and poultry from their local store and by providing lists of retail outlets during recalls, USDA's Food Safety Inspection Service will improve public health protection by better informing consumers."

FSIS hopes to release lists of the retail stores within 3-10 days after issuing a recall.  The list will be posted on the FSIS Web site (www.fsis.usda.gov) and will include retail stores such as supermarkets, grocery stores, convenience stores, meat markets, wholesale clubs, and supercenters.  However, FSIS has chosen not to identify distribution centers, institutions, and restaurants due to the preparation of food for immediate consumption that does not contain identifiable packaging. We disagree with this because people who have eaten at restaurants where recalled meat and poultry has been served should know that they need to watch for symptoms of foodborne illness.

Peppers May Also be Responsible for Salmonella Saintpaul Outbreak

The number of confirmed cases of Salmonella Saintpaul has again risen, bringing the total to 1090. According to the Centers for Disease Control and Prevention (CDC) people in 42 states and the District of Columbia have been sickened in the outbreak:

Alabama (2 persons), Arkansas (14), Arizona (49), California (9), Colorado (15), Connecticut (4), Florida (2), Georgia (25), Idaho (5), Illinois (104), Indiana (16), Iowa (2), Kansas (17), Kentucky (1), Louisiana (1), Maine (1), Maryland (29), Massachusetts (26), Michigan (19), Minnesota (19), Mississippi (2), Missouri (15), New Hampshire (4), Nevada (11), New Jersey (11), New Mexico (99), New York (30), North Carolina (14), Ohio (8), Oklahoma (24), Oregon (10), Pennsylvania (12), Rhode Island (3), South Carolina (2), Tennessee (8), Texas (408), Utah (2), Virginia (31), Vermont (2), Washington (17), West Virginia (1), Wisconsin (11), and the District of Columbia (1).

Health officials have had a difficult time pinpointing the source of this outbreak. The CDC has acknowledged some of these challenges, stating:

“The investigation is complex and difficult. One difficult aspect is that people often have difficulty remembering exactly what foods they ate, and remembering specific ingredients in those foods is even more difficult. Although laboratory testing of foods might help identify the source, perishable foods that were consumed by ill persons are often not available to test. When food items are mixed together and consumed in the same dish, all the items may be statistically linked to illness. In that case, determining by statistical means which item caused the illness can be difficult or impossible. Tracing suspect produce items back to processors and growers is an integral part of the effort to identify a single source and a possible means of contamination.”

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Health officials first reported that tomatoes were the source of the outbreak, but the duration of the outbreak and further interviews with patients suggested that peppers may have also made people sick. According to the CDC:

“Illnesses were linked to an item containing fresh jalapeño peppers and no other of the suspect items. The accumulated data from all investigations indicate that jalapeño peppers caused some illnesses but that they do not explain all illnesses. Raw tomatoes, fresh serrano peppers, and fresh cilantro also remain under investigation. Investigators from many agencies are collaborating to track the source of the implicated peppers and other produce items.”

The CDC advises that until they are certain that the contaminated items are off the market, consumers, especially those at heightened risk for illness, should avoid eating uncooked jalapeño, and Serrano peppers, as well as raw tomatoes not on the Food and Drug Administration’s Safe List.

Barbecue Pit Ground Beef Tests Positive for E. coli

Microbiological evidence has linked ground beef taken from the Barbecue Pit in Moultrie, Georgia with an E. coli outbreak that has sickened at least 12 people, probably more. According to WCTV news:

Ground beef taken from the Barbecue Pit, the restaurant that has been the common thread in a Colquitt County disease outbreak, has tested positive for Escherichia coli (E. coli) O157, says Southwest Georgia Public Health District Health Director Dr. Jacqueline Grant.

"We received confirmation that ground beef samples tested positive," Grant said.

. . . There are eight lab-confirmed cases of E. coli and four presumed cases to date in the Colquitt County disease outbreak, which began in late June. All confirmed and presumed cases involve people who ate at the Barbecue Pit, located at 311 First Ave., S.E. in Moultrie.

According to the Southwest Georgia Public Health District, the ground beef was made with Nebraska Beef, Ltd. ground beef components that may have been contaminated with E. coli O157:H7. Nebraska Beef, Ltd. ground beef components have also been linked to an outbreak that has sickened at least 43 people in Ohio and Michigan. Nebraska Beef, Ltd. has recalled beef trim and other ground beef components.  The Nebraska Beef recall involves 5 million pounds of ground beef components.  

hamburger-patties.jpgWe have filed a lawsuit on behalf of a victim of the E. coli outbreak associated with Nebraska ground beef components and Kroger ground beef. For information about this Nebraska Beef and Kroger lawsuit and E. coli litigation, please contact our law firm at 1-888-377-8900 (toll-free), email attorney Fred Pritzker, or submit the firm’s free, E. coli-case consultation form.

Georgia E. Coli Outbreak May Be Linked to Michigan/Ohio

Further investigation into an outbreak of E. coli in Colquitt County, Georgia, has uncovered a possible link to the Georgia outbreak and the Michigan/Ohio outbreak related to Nebraska Beef and Kroger, according to the Moultrie Observer. Laboratory tests of patients revealed that the strain in the two outbreaks were the same, which establishes a possible connection between the two outbreaks. So far, six people in Georgia have been sickened, with another three probable cases being investigated. The three individuals listed as probable cases have developed hemolytic uremic syndrome (HUS), a deadly disease associated with E. coli infection. Brenda Greene, Southwest Georgia Public Health District Deputy Health Director had the following to say:

“A specimen sample from one of the patients resulted in a match to the same strain of E. coli bacteria in disease outbreaks in Michigan and Ohio, and those illnesses are linked to ground beef. The National Centers of Disease Control and Prevention and state epidemiologists agree that ground beef may be a source of the infection in Colquitt County.”

Moultrie, Georgia E. coli Outbreak May Be Linked to the Barbecue Pit

According to a Southwest Georgia Public Health District news release, the Barbecue Pit, a restaurant in Moultrie, Georgia may be linked to an E. coli outbreak that may have sickened at least nine people in Colquitt County, Georgia. Six people have confirmed cases of E. coli O157:H7, and three other patients have developed hemolytic uremic syndrome (HUS), a severe illness that can cause kidney failure (renal failure) and that is often associated with E. coli infections.

“All of the patients with lab-confirmed cases of E. coli have recalled eating there [at the Barbecue Pit],” said Southwest Georgia Public Health District Deputy Health Director Brenda Greene.

Two of the people with hemolytic uremic syndrome also ate at the Barbecue Pit, according to Greene.

“The two patients with HUS are considered probable and we have some other tests pending that are possible cases of E. coli. Patients are still seeking medical treatment for symptoms that suggest the infection remains active,” said Greene.

According to Green, “We do not have all the evidence needed to clearly point to any one item as the source of the infection.” Even if a specific food is not implicated in this outbreak, restaurants are strictly liable for illnesses and death caused by the food they prepare. Our law firm has had several cases where a restaurant was held liable even though a specific food item served at the restaurant was not pinpointed as the source of the outbreak. 

If health officials determine that a specific food item served at the restaurant was the source of the outbreak, the supplier and manufacturer of that food item, the restaurant and others may all be found liable for illness and death.

ground-beef.jpgAccording to the Moultrie Observer, this E. coli outbreak that has been linked to the Barbecue Pit may have been caused by ground beef and may be connected to an E. coli outbreak in Michigan and Ohio that has been linked to Kroger ground beef, the components of which were supplied by Nebraska Beef, Ltd, which has recalled over 5 million pounds of ground beef components due to possible contamination with E. coli O157:H7 (Nebraska Beef recall):

“A specimen sample from one of the patients resulted in a match to the same strain of E. coli bacteria in disease outbreaks in Michigan and Ohio, and those illnesses are linked to ground beef,” Greene said. “The National Centers of Disease Control and Prevention and state epidemiologists agree that ground beef may be a source of the infection in Colquitt County.”

Ground beef is used in some of the dishes served in the Barbecue Pit, a Moultrie restaurant that has voluntarily closed as disease investigators attempt to find the source of Escherichia coli (E. coli) 0157 contamination. A common thread among patients with confirmed cases of the disease is that they ate at the restaurant.

If ground beef is connected to this Georgia outbreak, it would be possible to seek compensation for medical expenses, pain and suffering, emotional distress, loss of income and other damages from the supplier of the ground beef components [for example, Nebraska Beef, Ltd.], the processor of the ground beef, the distributor of the ground beef, the seller of the raw ground beef, the Barbecue Pit and others. A law firm with E. coli litigation experience should be consulted.

Our law firm has filed a lawsuit against Kroger Co. and Nebraska Beef, Ltd. on behalf of one of the victims of the Ohio E. coli outbreak
.  We are a national law firm and represent E. coli victims throughout the United States. 
To contact our law firm about an E. coli lawsuit, please call 1-888-377-8900 (toll-free), email Fred Pritzker or submit our firm's free E. coli case consultation form.

Several Stores Involved in Expanded Kroger Recall: Fred Meyer, QFC, Fry's Ralphs, Smith's, Baker's, King Soopers, City Market, Hilander, Owens, Pay Less, Scotts and Dillons

As of this morning, there are 40 confirmed cases of E. coli O157:H7 associated with Kroger ground beef and Nebraska Beef, Ltd., the company that supplied the beef trim, etc. that went into the Kroger ground beef. hamburger-patties.jpgIn response to this outbreak, Kroger recalled an “undetermined amount” of Kroger ground beef on June 25, 2008 because the ground beef may be contaminated with E. coli O157:H7. On June 30, Nebraska Beef, Ltd. recalled approximately 531,707 pounds of beef trim and other ground beef components because they may be contaminated with E. coli O157:H7.

Note: Our law firm is representing one of the victims of this outbreak.  Please see our press release about the imminent Kroger lawsuit.

On July 1, 2008, Kroger expanded its ground beef recall as follows (from the Kroger website, www.kroger.com):

The U.S. Department of Agriculture has informed The Kroger Co. (NYSE: KR) that Nebraska Beef, based in Omaha, Neb., has been identified as the supplier of ground beef products linked to E. coli illnesses in Michigan and central and northern Ohio. The illnesses were reported between May 31 and June 8. The Centers for Disease Control and Prevention have not reported any additional illnesses related to this outbreak. [Note from Pritzker Law: There have been additional illnesses reported by Michigan and Ohio. There are now 19 confirmed Ohio E. coli cases and 21 confirmed Michigan E. coli cases.]

Kroger has expanded the voluntary recall the Company initiated last week for Kroger stores in Michigan and in central and northern Ohio (Columbus and Toledo areas). [Read the June 25 Kroger Recall.]

Based on the latest information from the USDA, Kroger is expanding the recall to include ground beef products in Styrofoam tray packages wrapped in clear cellophane or purchased from an in-store service counter from the stores described below.

There are various “sell by” dates on the ground beef being recalled due to different Nebraska Beef production dates.

The following chart explains the range of “sell by” dates that customers should check:

Fred Meyer May 21-July 5

QFC May 21-July 5

Kroger stores May 21-July 3 *

(*except Kroger stores in Georgia, South Carolina, Alabama, and Knoxville, Tenn. and Kroger’s Mid-Atlantic division, which includes stores in North Carolina, Northeastern Tennessee, Virginia and West Virginia. Kroger stores in Georgia, South Carolina, Alabama and Knoxville, Tenn. are not involved in the recall of ground beef in Styrofoam trays or from in-store service counters.)

Kroger Mid-Atlantic May 19-June 6

Fry’s May 21-July 3

Ralphs May 21-July 3

Smith’s May 21-July 3

Baker’s May 17-June 4

King Soopers June 20-July 3

City Market June 20-July 3

Customers who shop at Hilander, Owen’s, Pay Less, and Scott’s should follow the “sell by” dates listed above for Kroger stores.

In addition to the ground beef described above, Kroger is recalling Private Selection Natural ground beef sold in 16 oz. packages that were in the self-service meat case. The “sell by” dates for this product is July 11 through July 21, 2008. The product was available at all Kroger stores (including Kroger Mid-Atlantic and stores in Georgia, South Carolina, Alabama and Knoxville, Tenn.) and Dillons, Fred Meyer, Baker’s, Smith’s and Fry’s.

What Customers Should Do:

Kroger is asking customers to carefully check the ground beef they have at home in their refrigerators and freezers. If they have any products covered in this recall, they should return the product to a store for a full refund or replacement.

[Note from Pritzker Law: If someone has been sickened by the ground beef, DO NOT DISPOSE OF OR RETURN THE PRODUCT. Test may have to be done on the product, the results of which may be used as evidence in a Kroger E. coli lawsuit.]

What Kroger Is Doing:

Kroger has expanded the recall due to new information provided by the USDA. This information links product produced by Nebraska Beef to the illnesses. As a precaution, Kroger is removing all ground beef supplied by Nebraska Beef during the dates provided by the USDA.

The following items are not included in this recall: ground beef sold in sealed tubes in one, three or five-pound packages and frozen ground beef patties sold in the frozen food section of its stores.

Kroger has already begun notifying customers about this recall by placing signs in stores in meat departments. Kroger is also using its register receipt notification system that alerts customers about recalls of products they may have purchased.

Kroger has instructed every store involved in the recall to discard the ground beef products in question and thoroughly clean and sanitize all equipment used to prepare ground beef for sale.

We commend Kroger for taking measures to prevent further illness; however, any measures taken by Kroger does not alter the company’s responsibility to its customers who were sickened in this outbreak. If you or your child has been diagnosed with E. coli, please contact our law firm.

Nebraska Beef Recall Associated with E. coli Outbreak Linked to Kroger Ground Beef


Our law firm has filed a lawsuit against Nebraska Beef, Ltd. in an Ohio E. coli case that is part of a Michigan and Ohio E. coli outbreak linked to Kroger ground beef and Nebraska Beef ground beef components.  The Ohio and Michigan outbreak may be connected to a Georgia E. coli outbreak that has been linked to the Barbecue Pit in Moultrie, Georgia.

EXPANDED NEBRASKA BEEF, LTD. RECALL: In response to the Michigan and Ohio outbreak, Nebraska Beef, Ltd. has expanded its recall to over 5 million pounds of ground beef components (Expanded Nebraska Beef Recall) and Kroger has recalled an "undetermined amount" of ground beef products.sold at a number of stores, including Kroger stores (Kroger recall).

The supplier of the Kroger ground beef linked to an E. coli outbreak that has sickened at least 35 people in Michigan and Ohio was Nebraska Beef, Ltd., an Omaha, Nebraska firm. In response to the outbreak, Kroger recalled an "undetermined amount" of Kroger ground beef products. (Read about the Kroger recall.)  Nebraska Beef has recalled 531,707 pounds of ground beef components because they may be contaminated with E. coli O157:H7.

beef-trim.jpg

The potentially-contaminated ground beef components were distributed to a number of states, meaning cases of E. coli O157:H7 in other states may surface that are connected to the Michigan and Ohio E. coli outbreak linked to Kroger ground beef.   

The recalled Nebraska Beef ground beef components were sold to firms that processed the components into ground beef. This means that one contaminated component could have contaminated thousands of pounds of ground beef. The ground beef processors who used the recalled Nebraska ground beef components need to recall any ground beef products that may have been contaminated with the recalled ground beef components.

Our law firm has been retained to represent 20-year-old Zachary Everhart from Pickerington, Ohio, one of the victims of the E. coli outbreak linked to Kroger ground beef.  In a recent interview on WBNS 10TV, Mr. Everhart had this to say, “It was very painful, actually severe abdominal pains for probably a duration of four days.” The WBNS story states:

Everhart said that in addition to having his medical bills paid for, he wants to send a message to those who sell, prepare and process ground beef to pay closer attention to how they clean the food they sell.

 We are privileged to represent Mr. Everhart.  (Read about our recent Kroger lawsuit filed on behalf of Zachary Everhart.) To contact our law firm about legal representation, please call 1-888-377-8900 (toll-free) or email Fred Pritzker.

Recalled Nebraska Beef Products

The following Nebraska Beef products have been recalled:

  • Combo bins of "Coleman 75/25 Trim." The shipping containers bear the case code "38097," and were produced on June 17. These products were sent to an establishment in Colorado for further processing.
  • Combo Bins of "Coleman Plate Navel Combo." The shipping containers bear the case code "38044," and were produced on June 17 and 24. These products were sent to an establishment in Texas for further processing.
  • 60-pound boxes of "Nebraska Beef, Beef Chuck." The boxes bear the case code "10260," and were produced on May 19. These products were distributed to wholesalers in Illinois, Michigan, New York and Pennsylvania.
  • 60-pound boxes of "Nebraska Beef, Beef Chuck." The boxes bear the case code "10263," and were produced on May 19. These products were distributed to wholesalers in New York.
  • 60-pound boxes of "Nebraska Beef, Beef Knuckle." The boxes bear the case code "46140," and were produced on June 9. These products were distributed to wholesalers in Illinois and New York.
  • 60-pound boxes of "Nebraska Beef, Beef Clod." The boxes bear the case code "13060," and were produced on June 9. These products were distributed to wholesalers in Illinois.
Continue Reading...

Two Confirmed Cases of E. coli in Cloquitt County, Georgia

UPDATE TO THE INFORMATION BELOW (July 7, 2008) -- There are now six confirmed cases of E. coli, all of which have been linked to the Barbecue Pit in Moultrie, Georgia.  There are also 3 cases of hemolytic uremic syndrome (HUS) that may be part of this E. coli outbreak. 

 

This outbreak may be connected to an Ohio and Michigan E. coli outbreak that has been linked to Kroger ground beef and Nebraska Beef, Ltd. ground beef components.  We have filed a lawsuit on behalf of a victim of this outbreak.  Read about the Nebraska Beef and Kroger lawsuit. We are a national law firm and represent E. coli victims throughout the United States.  To contact us, please call 1-888-377-8900 (toll-free) or email Fred Pritzker.


(June 30, 2008 - See updated information above) -- There are now two confirmed cases of E. coli O157:H7 in Cloquitt County. Several other cases are probable. 

Southwest Georgia Public Health District Deputy Director Brenda Greene had this to say about the outbreak:

"This appears to be a cluster of E. coli 0157, which is one of the most commonly identified disease-causing groups of this bacteria in the United States. Public Health became involved last week after healthcare providers noticed a number of patients from Moultrie were experiencing similar symptoms. Symptoms ranged from stomach pain to bloody diarrhea."

The investigation is ongoing and we are doing everything we can to find out as quickly as possible what is behind the cluster of illnesses. In the meantime, we are urging people to practice good hand-washing and food preparation techniques to avoid this and other types of food-borne illnesses.

Symptoms of E. coli include stomach cramps, vomiting and diarrhea, which is often bloody. In some instances, fever occurs.

"Most people who become sick with E. coli become better within five to seven days without treatment. While some infections are very mild, others can be severe or even life-threatening," Greene said.

"If you are experiencing severe symptoms, you should consult your personal healthcare provider at once,"she said.

The investigation is focusing on patients who have been hospitalized or treated as outpatients, but is expected to expand to include persons who visited physicians or similar healthcare providers and did not go hospitals, she said.

Those most at risk of experiencing severe illness from E. coli include children, the elderly and people with compromised immune systems.

"As our disease investigators learn more, we will continue to update the community," said Greene. "We are looking for what the patients may have in common. Investigations such as these may take days or even weeks."

Along with looking at whether patients have foods or places and times they ate in common, investigators ask about activities such as swimming, since some disease-causing bacteria are found in water.

"Since we know illness occurs when E. coli bacteria are swallowed, we are reminding the public to take precautions when handling food,"Greene said. "At this time, however, we have not linked a type of food or any specific food item to the symptoms we are investigating."

Pritzker Law is representing victims of E. coli outbreaks.  Our law firm has also recently settled an E. coli wrongful death case where an elderly woman contracted an E. coli outbreak that developed into hemolytic uremic syndrome (HUS).  To contact our law firm, please call 1-888-377-8900 (toll-free), email Fred Pritzker or submit the firm's free case consultation form.

Georgia E. Coli Update

In an update to a possible E. coli outbreak in Georgia, one teen has been confirmed to have an E. coli infection.  15-year-old Lauren Hill Bannister is being treated at Children’s Healthcare of Atlanta at Egleston and is in fair condition, according to The Moultrie Observer.  WALB News had recently reported that at least a dozen people in Colquitt County, Georgia, had gone to emergency rooms with symptoms resembling an E. coli infection, but the teen is the only confirmed case at this point. Health officials think the common link might be ground beef, much like the recent Kroger ground beef outbreak in Michigan and Ohio.  Officials are still investigating any possible causes of the infection and are determining whether or not the other illnesses may be linked.

Michigan and Ohio E. coli Outbreak Update

As of this afternoon, Ohio has confirmed 18 cases of E. coli O157:H7 with an additional 4 cases that are probable.

According to the Ohio Department of health, the 18 cases have been confirmed in the following Ohio counties:

  • Franklin (ten confirmed)
  • Delaware (one confirmed)
  • Fairfield (four confirmed)
  • Lucas (one confirmed)
  • Seneca (one confirmed)
  • Union (one confirmed)

Also of this afternoon, Michigan has confirmed 17 cases E. coli O157:H7 with an additional 4 cases that are probable. According to the Michigan Department of Health, the 17 genetically-linked cases of E. coli O157 are present in seven Michigan counties including,

  •  Eaton (one)
  •  Macomb (three)
  •  Washtenaw (four)
  •  Saginaw (one)
  •  Genesee (one)
  •  Wayne (three)
  •  Oakland (four)

Another Possible E. Coli Outbreak in Georgia

Although the multistate E. coli outbreak which is linked to Kroger is making headlines across the nation, there may be another E. coli outbreak farther south.  WALB News reports that at least 12 people in Colquitt County, Georgia, have shown up in emergency rooms with symptoms of E. coli infection. Just as in the Kroger outbreak, the common link so far is ground beef.

“During this investigation, we will see if there is any common denominator in the community, but basically we will like the public to know how to handle ground beef and good hand washing and not to handle the beef while touching any other objects, so that we will stop any of the bacteria from spreading," said Denise Linnenkohl, Director of the Colquitt County Health Dept.

Attorney Fred Pritzker represents victims of E. coli outbreaks throughout the United States.  To contact an attorney with E. coli litigation experience, please call 1-888-377-8900, email Fred Pritzker or submit the firm's free case consultation form.

Tomatoes may not be the source of Salmonella Outbreak

As the CDC reports that more than 800 people have become ill from Salmonella Saintpaul, federal health officials are questioning whether or not raw tomatoes are to blame.  Although the CDC states that raw red plum, red Roma, and round red tomatoes are the most likely source of the national outbreak, officials have not yet confirmed that the tomatoes are carrying the rare Salmonella strain.

According to the Los Angeles Times,

Of 1,700 domestic and international tomato samples collected so far, none has tested positive, said David Acheson, associate commissioner for foods with the Food and Drug Administration. Officials would not divulge if, or what, other produce was being seriously investigated, only saying that they would "continue to keep an open mind about the possible source."

The 810 cases span across 36 states and the District of Columbia, including at least 95 hospitalizations. Some of the tomatoes thought to have been linked to the outbreak were traced back to Florida and Mexico, but no concrete evidence was established because contamination could have occurred due to a variety of factors.

The Los Angeles Times also reports that “tomatoes that could be carrying the bacteria might still be entering the market because of large growing areas, long harvesting periods or unsanitary warehouse conditions, Acheson said.”

It seems that the Salmonella Saintpaul outbreak may not yet be over, and consumers should continue to be wary of consuming raw tomatoes or whatever source is found to be the cause of this massive outbreak. 

CDC Reports Salmonella Saintpaul Cases Rise Above 800

The CDC reports that the national outbreak of Salmonella Saintpaul from raw tomatoes has now resulted in 810 cases of illness. The outbreak has affected 36 different states along with the District of Columbia, resulting in at least 95 hospitalizations.  Officials are still investigating the matter to determine the specific type and source of tomato, but current data suggests that illness is linked to the consumption of raw red plum, red Roma, or round red tomatoes (and products which contain them).

Strains of Salmonella from affected individuals are tested by state laboratories, and the evidence shows a matching genetic fingerprint in the illnesses of more than 750 people.  The CDC does not think that the increase in cases is due to a wave of new infections, but in response to health professionals’ better identifying illness resulting from Salmonella Saintpaul. Most of the illnesses began between April 10 and June 13, 2008, and have not directly resulted in any deaths.  One man in his sixties, however, who died from cancer in Texas, had a Salmonella infection linked to the outbreak, which may have contributed to his death.

The following states have been affected:

Arkansas (10 persons), Arizona (39), California (10), Colorado (8), Connecticut (4), Florida (1), Georgia (18), Idaho (3), Illinois (78), Indiana (11), Kansas (14), Kentucky (1), Maine (1), Maryland (25), Massachusetts (18), Michigan (4), Minnesota (2), Missouri (12), New Hampshire (3), Nevada (4), New Jersey (4), New Mexico (85), New York (25), North Carolina (5), Ohio (6), Oklahoma (19), Oregon (7), Pennsylvania (6), Rhode Island (3), Tennessee (6), Texas (342), Utah (2), Virginia (22), Vermont (1), Washington (4), Wisconsin (6), and the District of Columbia (1).

Pritzker Law Firm Has Been Retained to Represent Victim of E. coli Outbreak Linked to Kroger Ground Beef

FOR IMMEDIATE RELEASE: The national food safety law firm of Pritzker Law has been retained to represent 20 year-old Zachary Everhart from Pickerington, Ohio in connection with injuries he received as a result of consuming Kroger hamburger contaminated with the dangerous foodborne pathogen, E. coli O157:H7.

Everhart’s illness was confirmed by genetic testing. The strain of E. coli O157:H7 found in his stool sample matched the outbreak strain found in stool samples from other victims in Ohio and Michigan and from hamburger purchased at a Kroger store in Ohio.

Everhart’s symptoms initially included cramping and diarrhea. He subsequently developed bloody diarrhea and vomiting. He required hospitalization.

Everhart is represented by the national food safety law firm of Pritzker Law, P.A. located in Minneapolis, MN. The firm has been involved in most of the major foodborne illness outbreak involving E. coli O157:H7, Listeria monocytogenes, and other dangerous pathogens and has collected millions on behalf of foodborne illness survivors and the families of people killed by foodborne illness.

Attorney Fred Pritzker, who represents Mr. Everhart, has called on Kroger to pay for the medical expenses incurred by him and other victims of this outbreak. Pritzker has also called on Kroger to promptly identify the distributor and producer of the adulterated meat implicated in this outbreak and to quickly release the results of its internal investigation into this crisis. “The public deserves corporate responsibility and transparency from Kroger now that its product has been implicated,” Pritzker said.  

If you have been diagnosed with E. coli O157:H7 from this or other outbreaks, please contact Senior Partner, Fred Pritzker toll-free at 1-888-377-8900, via email at fhp@pritzkerlaw.com  or on the web at www.pritzkerlaw.com.

Two Firms Recall Cattle Heads

Earlier this year the largest beef recall in United States history was issued in regard to products produced by the Hallmark/Westland Meat Packing Co. The recall received national attention because of videos of workers at the Hallmark plant using inhumane practices in the slaughter of cattle, including forcing non-ambulatory, or “downer,” cattle to slaughter.  Hallmark/Westland was also a supplier of beef to the National School Lunch Program.  Not only were the practices of the company inhumane, but introducing meat from downer cattle into the food supply poses a serious threat to consumer health.  Downer cattle have an increased risk of spreading Bovine Spongiform Encephalopathy (BSE), commonly known as mad cow disease.   There is no cure for BSE and it is always fatal. 

The possibility of introducing BSE into the food supply is taken very seriously. Today, Cattle Network reports that Beltex Corporation, known as Frontier Meats based in Fort Worth, Texas, is recalling 2850 pounds of fresh cattle heads.  The heads may contain what the USDA’s Food Safety and Inspection Service (FSIS) calls specified risk materials (SRMs). SRMs are tissues that may contain the agent responsible for causing BSE. FSIS regulations prohibit SRMs from entering the food supply to help minimize the risk of spreading BSE to humans.

Frontier Meats is recalling cases of “Beef Whole Head” with the establishment number “EST. 7041B” and package codes “51904” and “63922.” All of the products produced between May 31 and June 24, 2008 are subject to the recall.  The products were distributed to retail establishments and lunch carts in the Dallas and Fort Worth, Texas area.

Paradise Locker Meats of Trimble, Missouri, is also voluntarily recalling 120 pounds of cattle heads, according to Meatingplace. The affected heads did not have the tonsils fully removed, which according the FSIS is a violation of the SRM regulation. The recalled products include boxes of “Beef Head, Paradise Locker Meats” with establishment numbers “Est. 21865.”  The products were distributed in the Kansas City, Kansas area.


Press Release: Pritzker Calls on Kroger to Pay Victims' Medical Expenses

Health officials have linked Kroger ground beef to an Ohio and Michigan E. coli outbreak. "Whether the source of the E. coli is the grocery store or its suppliers," said Fred Pritzker, a leading food safety attorney, "it is only fair that the retailer pay for the medical bills of its injured customers. The families deserve that peace of mind."

 

Minneapolis, MN (PRWEB) June 26, 2008 -- Fred Pritzker, a prominent Minneapolis lawyer that practices in the area of E. coli litigation, called on Kroger to pay the medical expenses of the victims of the Ohio and Michigan E. coli O157:H7 outbreak that has been linked to Kroger ground beef. According to the Michigan Department of Community Health (MDCH), more than half of the fifteen people sickened in Michigan reported buying and eating ground beef from Kroger grocery stores. Moreover, molecular fingerprinting testing on E. coli O157 isolates isolated from Kroger ground beef samples have confirmed the isolates to be the outbreak strain of E. coli O157, according to the CDC. These Kroger ground beef samples were collected from the homes of outbreak victims and had been purchased at Kroger stores in Michigan and Ohio.

In response to these illnesses, Kroger has recalled an undetermined amount of ground beef products that may be contaminated with E. coli O157. The products subject to recall include all varieties and weights of ground beef products bearing a Kroger label sold between May 21 and June 8 at Michigan Kroger stores and Columbus and Toledo, Ohio Kroger stores. The recalled Kroger ground beef products have a sell-by date between "05/21/08" and "06/08/08."

attorney-fred-pritzker.jpg"Whether the source of the E. coli is the grocery store or its suppliers," said Fred Pritzker, a leading food safety attorney, "it is only fair that the retailer pay for the medical bills of its injured customers. The families deserve that peace of mind." According to Pritzker, other corporations involved in E. coli outbreaks have advanced medical expenses to those injured by their food products. "Corporate responsibility means taking concrete steps to right a wrong," Pritzker said. "It is time for Kroger to step up and guarantee that its customers will not be stuck with hundreds or thousands of dollars in medical bills."

Pritzker also stated that he believes retailers should do more to ensure that meat processors follow state of the art techniques. "It is really up to retailers to demand that the meat they sell is produced under the safest possible conditions," Pritzker said. "Retailers have the market power to change dangerous practices."

Pritzker has recovered substantial amounts for victims of E. coli outbreaks associated with ground beef products sold at grocery stores. "These people suffered unimaginable pain. It has been our privilege to help our clients obtain just compensation."

Pritzker Law is one of the few law firms in the United States that practices extensively in the area of foodborne illness litigation. The firm has collected millions of dollars on behalf of victims of E. coli poisoning and other foodborne illnesses. For more information, visit http://www.pritzkerlaw.com or contact Fred Pritzker: (612) 338-0202; 1-888-377-8900(toll-free); email Fred Pritzker; or submit the firm free case consultation form

###

 

Kroger Ground Beef Recall and Michigan and Ohio E. coli Recall

Kroger Ground Beef Recall

Today, in response to the E. coli outbreak linked to Kroger ground beef, Kroger recalled ground beef sold at Kroger® Co. Stores in Michigan and Ohio. The products subject to the Kroger beef recall include all varieties and weights of ground beef products bearing a Kroger label sold between May 21 and June 8 at Michigan Kroger stores and and Columbus and Toledo, Ohio Kroger stores. The recalled Kroger ground beef products had a sell-by date between "05/21/08" and "06/08/08." Read more about the Kroger recall.

Number of E. coli Victims Climbs to 32

map_ecoli_june2008_01_tn.jpg

According to the CDC, 32 confirmed E. coli O157:H7 cases have been linked both epidemiologically and by molecular fingerprinting to Kroger ground beef: 15 in Michigan and 17 in Ohio. Onset of illness in these patients occurred from 5/30/08 to 6/11/08. Fourteen ill persons have been hospitalized. One patient has developed a type of kidney failure called hemolytic-uremic syndrome (HUS). Read CDC information regarding the Kroger E. coli outbreak.

E. coli Outbreak Linked to Kroger Ground Beef

hamburger-patties.jpg

Health investigators tested ground beef from victims' homes that was purchased at Kroger® retail stores in Michigan and Ohio. Molecular fingerprinting testing on E. coli O157 isolates isolated from ground beef samples have confirmed the isolates to be the outbreak strain of E. coli O157, meaning Kroger ground beef has been linked to the outbreak.

Health investigators also found a significant association between illness among case patients and eating ground beef purchased at at one of several Kroger Co. stores in Michigan and Ohio.

Read about a Kroger lawsuit.

Legal Representation

Pritzker Law is one of the leading E. coli litigation law firms.  Lawyers at the firm have obtained a national reputation and have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA and other publications. 

To contact one of our experienced lawyers regarding an E. coli case, please call 1-888-377-8900 (toll-free), email Fred Pritzker or submit the firm's free case consultation form.

Michigan and Ohio E.coli Outbreak Linked to Kroger Ground Beef

Pritzker Law, a leading E. coli litigation law firm, is monitoring the E. coli outbreak in Michigan and Ohio linked to ground beef, at least some of which was purchased at Kroger stores.  Read about a Kroger lawsuit.  People sickened in the outbreak reported purchasing ground beef at Kroger stores.  Morever, according to an Ohio Department of Health press release,  health officials found E. coli with a genetic fingerprint that matched the outbreak strain in a sample of  Kroger ground beef:

A raw ground beef sample provided by an Ohio E. coli O157:H7 case is linked by genetic fingerprinting to the multistate outbreak in Ohio and Michigan. Test results released today verify the E. coli present in the beef sample shares the same genetic fingerprint with the bacteria that has sickened 19 Ohioans in recent weeks. Information submitted with the positive beef sample indicates the product was purchased at the Kroger Marketplace in Gahanna [Ohio].

map_ecoli_june2008_01_tn.jpg CDC reports 17 confirmed E. coli cases in Ohio and 15 confirmed E. coli cases in Michigan.

The Ohio cases involve a number of counties:

  • Franklin (nine confirmed, two probable)
  • Delaware (one confirmed)
  • Fairfield (four confirmed)
  • Lucas (one confirmed)
  • Seneca (one confirmed)
  • Union (one confirmed) cases

Onset of the E.coli cases began at the end of May and continued into early June. Fourteen victims of this outbreak have been hospitalized. Of those 14, “One patient has developed a type of kidney failure called hemolytic-uremic syndrome (HUS).”

In response to this outbreak, Kroger has recalled an undetermined amount of ground beef products.  Read about the Kroger recall.

While the E.coli outbreak has only been linked to beef from Kroger, the Ohio Department of Health stressed increased vigilance when handling all foods and has issued guidelines to the public to prevent any further spread of E.coli.  They encourage people to:

  • Wash your hands often, especially after using the bathroom or changing diapers, before and after eating or preparing food and after touching animals.
  • Cook ground beef to 160° F. Test the meat by putting a food thermometer in the thickest part of the meat. Wash the thermometer after each use. Don’t eat ground beef that is pink in the middle. If a restaurant serves you an undercooked hamburger, send it back for more cooking. Ask for a new bun and a clean plate, too.
  • Don’t spread bacteria in your kitchen. Keep raw meat away from other foods. Wash your hands, cutting board, counter, dishes and silverware with hot soapy water after they touch raw meat, spinach, greens or sprouts. Never put cooked meat in a container that held uncooked meat.
  • Drink only pasteurized milk, juice or cider. Frozen juice or juice sold in boxes and glass jars at room temperature has been pasteurized, although it may not say so on the label.
  • Drink water from safe sources such as municipal water that has been treated with chlorine, wells that have been tested, or bottled water. Do not swallow lake or pool water while swimming.
  • Wash all fruits and vegetables prior to eating them.

More Information on Michigan/Ohio E. Coli Outbreak

Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
hamburger-patties.jpgAccording to the CDC, ground beef sold at Kroger grocery stores has been linked with an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit. In response to this outbreak, Kroger has recalled an undetermined amount of Kroger ground beef products.  Read about the Kroger recall.

More information keeps on piling up as investigators try to get to the bottom of the E. coli O157:H7 outbreak in Michigan and Ohio.  Although not as widespread as the Salmonella outbreak in tomatoes affecting the entire country, the residents of Michigan and Ohio have cause to worry about ground beef purchased from the Kroger chain of grocery stores. 24 cases have been epidemiologically and genetically linked in the two states, according the Centers for Disease Control and Prevention (CDC). 15 of the cases were reported in Michigan and 17 cases in Ohio. 14 people have already been hospitalized and one person has developed kidney failure related to E. coli O157:H7 infection (hemolytic uremic syndrome, or HUS).

Ohio officials are also investigating two other possible cases. Officials from the Michigan Department of Community Health also say there are now 15 cases related to this strain of E. coli in the state, 10 of whom have been hospitalized.

More than half of the affected individuals were found to have purchased ground beef from Kroger grocery stores.  One of the infected patients in Ohio had a sample of the ground beef purchased from Kroger, which then tested positive for E. coli O157:H7.  According to an Ohio Department of Health press release issued today, the E. coli in the Kroger ground beef sample has the genetic fingerprint of the outbreak E. coli.

Kroger has been cooperating with state and federal officials regarding the outbreak, but has not yet issued a recall of any ground beef.  All of the cases began experiencing symptoms in late May and early June (May 31-June 8), and Kroger has urged customers to dispose of any ground beef purchased in that time frame, especially near the cities of Columbus and Toledo in Ohio.  Kroger also states that the ground beef during that period is no longer in stores. Kroger is also working with the state and federal agencies to find which supplier provided the contaminated ground beef.

The evidence linking the illnesses together and to the ground beef sold by Kroger can be used in a lawsuit against Kroger as causal evidence that the product was behind the outbreak of sickness. Pritzker Law has dealt with many cases involving victims of E. coli outbreaks and complications that come with it, including deaths associated with E. coli infection and hemolytic uremic syndrome (HUS).

Contact a lawyer from our firm:

Pritzker Law represents foodborne illness survivors in cases throughout the United States.

Law Firm Calls on Kroger to Recall Ground Beef

Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
hamburger-patties.jpgAccording to the CDC, ground beef sold at Kroger grocery stores has been linked with an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit. In response to this outbreak, Kroger has recalled an undetermined amount of Kroger ground beef products.  Read about the Kroger recall.

According to the Michigan Department of Community Health (MDCH), more than half of the 15 people sickened in the current Michigan E. coli outbreak reported buying and eating ground beef from Kroger grocery stores. Also,a raw ground beef sample provided by an Ohio E. coli O157:H7 case is linked by genetic fingerprinting to the multistate outbreak in Ohio and Michigan. Test results released today verify the E. coli present in the beef sample shares the same genetic fingerprint with the bacteria that has sickened 19 Ohioans in recent weeks. Information submitted with the positive beef sample indicates the product was purchased at the Kroger Marketplace in Gahanna, Ohio.  We just checked with the USDA-FSIS, and there is not yet a Kroger ground beef recall.  [Update: There is now a Kroger recall.]

It is extremely likely that many people have ground beef in their freezers that was purchased at the Kroger stores purchased by those sickened in the  Michigan E. coli and Ohio E. coli outbreak.  This outbreak has 24 confirmed cases and more cases awaiting confirmation. Fourteen people have been hospitalized and one person has developed hemolytic uremic syndrome (kidney failure). An immediate Kroger recall would most likely prevent further illness.

We call on Kroger to recall all ground beef that may be contaminated. It is the company’s corporate responsibility to prevent further illness.

To contact Fred Pritzker, managing attorney for our E. coli litigation cases, please call 1-888-377-8900 (toll-free), email Fred Pritzker or submit the firm's free case consultation form (reviewed by Fred Pritzker).

Los Tres Amigos Associated with Wood River, Illinois Salmonella Outbeak

We spoke with Toni Corona, the administrator for the Madison County Health Department to get an update on the Salmonella outbreak associated with Los Tres Amigos in Wood River, Illinois. Seven confirmed cases of Salmonella have been reported to the health department since June 4, 2008. Six of the cases reported eating at Los Tres Amigos, located at 1820 Vaughn Road, Wood River, Illinois.

The restaurant closed on June 18 and will remain closed until health officials can “get their arms around this,” according to Corona. 

One of the 6 cases that reported eating at Los Tres Amigos was sickened by Salmonella with a DNA fingerprint that matches the Salmonella strain of the nationwide outbreak associated with tomatoes. Health officials are awaiting the results of tests using Pulsed Field Gel Electrophoresis (PFGE), a technique used for genotyping (genetic fingerprinting) of Salmonella and other bacterial foodborne pathogens.

The Illinois Department of Health is working with the FDA on this investigation.

Pritzker Law is currently representing victims of the Salmonella outbreak associated with the Taste of Chicago.  our law firm has also recently recovered money damages for victims of a Salmonella outbreak associated with a restaurant.  To contact a lawyer at our law firm, please call 1-888-377-8900 (toll-free), email our law firm or submit our free case consultation form.

Ground Beef E. coli Outbreak in Michigan and Ohio

Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
hamburger-patties.jpgAccording to the CDC, ground beef sold at Kroger grocery stores has been linked with an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit. In response to this outbreak, Kroger has recalled an undetermined amount of Kroger ground beef products.  Read about the Kroger recall.

Information from the CDC regarding the investigation of the Ohio and Michigan E. coli outbreak associated with ground beef, including ground beef sold at Kroger grocery store:

State departments of health and agriculture in Michigan and Ohio, CDC, and the United States Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) are investigating a multi-state outbreak of Escherichia coli O157:H7 infections. map_ecoli_june2008_01_tn.jpgBased on this investigation, 24 confirmed cases have been linked both epidemiologically and by molecular fingerprinting to this outbreak, 11 in Michigan (Michigan E. coli) and 13 in Ohio (Ohio E. coli). Onset of illness in these patients occurred in late May and early June. Fourteen ill persons have been hospitalized. One patient has developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths have been reported. Thirteen (54%) of patients are female. Patients range in age from 9 to 78 years with a median age of 22.5 years.

For information about grocery store liability, E. coli cases involving ground beef, money damages in an E. coli case, compensation for pain and suffering and E. coli and HUS, please contact our law firm.  An attorney can be reached at 1-888-377-8900 (toll-free).  If you would prefer, you can email our law firm or submit our free case consultation form.

Michigan E. coli Outbreak Associated with Kroger Ground Beef

Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
hamburger-patties.jpgAccording to the CDC, ground beef sold at Kroger grocery stores has been linked with an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit. In response to this outbreak, Kroger has recalled an undetermined amount of Kroger ground beef products.  Read about the Kroger recall.

According to the Michigan Department of Community Health (MDCH), ground beef sold at Kroger grocery stores has been associated with a Michigan E. coli outbreak that has sickened people in Michigan and OhioThe MDCH has stated that more than half of the 15 people sickened in Michigan reported buying and eating ground beef from Kroger. This epidemiological evidence of the source of the Michigan E. coli outbreak has legal implications for a possible Kroger E. coli lawsuit.

When epidemiological evidence associates ground beef sold at a grocery store with an E. coli outbreak, that epidemiological evidence can be used by an E. coli lawyer to seek compensation for victims of the E. coli outbreak. Our law firm has successfully used epidemiological to successfully prove “causation,” an element of an E. coli lawsuit that looks at whether the suspected food product was the actual cause of the victim’s E. coli infection and related complications, including hemolytic uremic syndrome (HUS). HUS is one of the leading causes of kidney failure (renal failure).

We have recovered compensation for victims of E. coli outbreaks involving ground beef sold at grocery stores. We have also recently recovered amounts for families of people who died from E. coli and HUS

Contact a Pritzker Law lawyer:

Pritzker Law represents foodborne illness survivors in cases throughout the United States.

Taste of Chicago

In 2007, the Taste of Chicago dished up a hummus dish at the Pars Cove booth that was contaminated with Salmonella, according to the Chicago Department of Public Health. Over 180 people were sickened in the resulting Salmonella outbreak. 

We are representing a number of the people sickened in the Taste of Chicago Salmonella outbreak of 2007. If you had a confirmed case of Salmonella after eating at the Taste of Chicago,  please call 1-888-377-8900 (toll-free) or fill out our free online consultation form.  

During the outbreak, the number of reported cases of Salmonella grew daily. Below is a 2007 press release issued by the Chicago Department of Public Health regarding the Taste of Chicago Salmonella outbreak:  

08-Aug-2007 City Health Dept. Continues Investigation of Food Borne Illnesses: Reports of lllness Slowing Down Considerably

As anticipated, reports of illnesses related to the Pars Cove Persian Cuisine booth at Taste of Chicago are slowing down considerably.

As of noon today, a total of 790 people have reported that they became ill after they ate food purchased from the Pars Cove booth—up from the 770 reported on July 27.

One hundred eighty-two of the 790 are laboratory-confirmed cases of salmonellosis, with more results pending—up from the 158 reported on July 27. Of these 182 cases, 169 have been identified as Salmonella Heidelberg, one of the more common Salmonella serotypes in the United States.

A total of 38 people are known to have been hospitalized—up slightly from the 37 CDPH reported on July 27.

Most of the individuals live in the Chicago area; some are from downstate and some are from other states.

The Pars Cove situation represents the first confirmed outbreak of illness associated with the event in at least 20 years. In the larger context of having safely served tens of millions of people in recent years, the Taste remains quite possibly the safest food service operation in the city.

Salmonella Associated with Los Tres Amigos

At least 6 people who ate at Los Tres Amigos in Wood River, Illinois, contracted Salmonella infections (salmonellosis), according to the Madison County Health Department. Health officials believe that this Illinois Salmonella outbreak may be connected to the current nationwide outbreak of Salmonella Saintpaul associated with tomatoes because one of the cases has been confirmed to have a genetic fingerprint that matches the national outbreak pattern.

salmonella.jpgAs of June 24, 2008, the CDC reports that there are 613 confirmed cases of Salmonella Saintpaul in 33 states and the District of Columbia associated with eating raw tomatoes. 45 of the 613 confirmed cases are from Illinois. 

Most of the 613 cases of Salmonella Saintpaul are not associated with eating at a specific restaurant. However, another cluster of Salmonella Saintpaul cases in Illinois has been associated with a restaurant, Adobo Grill. Read about the Adobo Grill Salmonella Saintpaul cases.

Our lawyers have recently recovered money for victims of a Salmonella outbreak linked to a restaurant. To contact us about restaurant liability, the Salmonella Saintpaul outbreak, a Salmonella lawsuit or other information, please call 1-888-377-8900 (toll-free), email our lawyers or submit our firm’s free case consultation form.

New Testing Policy for Beef Trim

Ohio and Michigan E. coli Outbreak Associated with Kroger Ground Beef
June 26, 2008 (update to information below): According to the CDC, ground beef sold at Kroger grocery stores has been linked to an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit.
In response to this outbreak, Kroger has recalled an undetermined amount of ground beef products.  Read about the Kroger recall.

The USDA’s Food Safety and Inspection Service (FSIS) has announced that it will begin a new type of follow-up testing at establishments that supply trim and other components of raw ground beef. According to the FSIS:

FSIS will conduct the new follow-up testing in response to positive E. coli O157:H7 findings in receiving establishments’ testing programs (including results from laboratories with which the establishments have contracted). FSIS is developing this new program in response to the increased positive findings for E. coli O157:H7 and the increase in recalls associated with E. coli O157:H7 in 2007.

. . . To assess how much follow-up testing FSIS may need to conduct under this new policy, inspection program personnel are to collect information from receiving establishments’ testing programs about E. coli O157:H7 positive or presumptive positive test results for incoming raw ground beef products, beef manufacturing trimmings, and other raw ground beef or beef patty components. Inspection program personnel are to collect information on test results for such product that the receiving establishment did not co-mingle or further process before collecting the sample. The Agency is looking for results that reflect product from a single supplier that has not been further processed.

. . . For purposes of this notice, a test is considered presumptive positive when microbiological analysis indicates the strong possibility that E. coli O157:H7 is present, but additional steps are needed to confirm the presence or absence of the organism.

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An E. coli outbreak in Ohio and Michigan has been associated with ground beef.  A recall of meat by Dutch's Meat, a New Jersey firm, may be a key to finding the source of the Ohio and Michigan outbreak.  Dutch's Meat recalled over 13,000 pounds of ground beef because routine testing found E. coli contamination.  The recalled meat was not distributed in Ohio or Michigan, according to Dutch's Meat, but the supplier of the ground beef components (beef trim, etc) used by Dutch's Meat may have distributed contaminated components (beef trim, etc) to another processor that did distribute ground beef to Ohio and Michigan. Stated another way, the possible scenario, according to Dutch's Meat, is that one supplier of beef trim and other beef products used to make ground beef distributed contaminated beef products (beef trim, etc) to Dutch's Meat and one or more other companies that grind beef products into ground beef. 

Because contaminated ground beef is usually caused by contaminated beef products used to make the ground beef, additional testing of these ground beef components (beef trim, etc) is a step in the right direction.

If you have been sickened by E. coli, an E. coli lawyer can help you recover money damages.  To contact a lawyer at our law firm that has extensive E. coli litigation experience, please call 1-888-377-8900 (toll-free), email Fred Pritzker or submit our free case consultation form.

45 E. coli Cases in Michigan and Ohio May Be Associated with Ground Beef

Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
hamburger-patties.jpgWe have filed a lawsuit on behalf of a victim of this E. coli outbreak.  The defendants in the case are Kroger Co. and Nebraska Beef, Ltd.  Please read our press release regarding this Nebraska Beef and Kroger lawsuit.  Contact us for more information: 1-888-377-8900 (toll-free) or email Fred Pritzker.

Health officials in Michigan and Ohio are investigating 45 cases of E. coli O157:H7, some of which have matching genetic fingerprints, which means the cases were most likely caused by the same source. 

The Ohio Department of Health (ODH) is investigating 16 cases of E. coli O157:H7. So far, genetic fingerprinting has linked 10 of the 16 cases. The Ohio counties reporting cases at this time include the following:

  • Delaware (one confirmed)
  • Fairfield (three confirmed; one probable)
  • Lucas (one confirmed)
  • Seneca (one confirmed)

The Michigan Department of Community Health (MDCH) is investigating 29 cases of E. coli O157:H7. Some of these Michigan E. coli cases have the same genetic fingerprint as the 10 Ohio cases.

Ground-Beef--Bulk.jpg

According to MDCH, the source of this E. coli O157:H7 outbreak is most likely ground beef:

Although the investigation is ongoing, early laboratory results, including DNA analysis of the bacteria, indicate that several of the illnesses may be linked, suggesting a common food source. Preliminary information collected from patients indicates ground beef is most likely the source.
When the source of an E. coli outbreak is ground beef, one thing is certain: feces (usually cow manure) got into the meat. Ground beef contaminated with E. coli is considered adulterated. If adulterated food causes injury, the injured person can sue responsible parties for compensation.

Our lawyers represent victims of E. coli outbreaks throughout the United States and have been interviewed by The New York Times, The Wall Street Journal, a number of TV stations and others. If you would like to talk to one of our experienced lawyers about your case, please call 1-888-377-8900 (toll-free). If you call after business hours, leave a message for our on-call attorney, and he will contact you as soon as possible, usually within a few hours. Alternatively, you can email our lawyers or submit our free case consultation form.

17 Confirmed Salmonella Saintpaul Cases in Chicago

The multi-state Salmonella Saintpaul outbreak associated with certain raw tomatoes has hit Chicago hard.  According to the Chicago Department of Public Health (CDPH), since mid-April, 17 Chicagoans are known to have been made ill by Salmonella Saintpaul, 9 of them ate at Adobo Grill.  Several additional cases of illness are awaiting laboratory results that may possibly connect them to the multi-state Salmonella Saintpaul outbreak.

According to the CDPH:

Fourteen of the 17 are ages 26-39. One patient is seven months old, another is one year old, and a third is 47 years of age.

Three of the 17 required hospitalization; but all were discharged and have recovered.

Most of the 17 live on the North and Near West Sides of the city. Five live in the West Town neighborhood; four in Lakeview; two in Logan Square, and one each in Lincoln Park, Near North Side, Near West Side, Irving Park, Rogers Park, and Roseland.

Our law firm has represented Chicagoans in past Salmonella outbreaks. Contact us regarding our Chicago Salmonella cases, restaurant liability and any other issues related to the Salmonella Saintpaul outbreak associated with tomatoes. To contact the firm, please call 1-888-377-8900 (toll-free), email our lawyers or submit our free case consultation form.

Update on Ohio E. coli Outbreak

Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
hamburger-patties.jpgAccording to the CDC, ground beef sold at Kroger grocery stores has been linked with an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit. In response to this outbreak, Kroger has recalled an undetermined amount of Kroger ground beef products.  Read about the Kroger recall.

ecoliclump2.jpg
The Ohio Department of Health is investigating at least 11 cases of E. coli.  Three of the cases are linked genetically, and health officials are awaiting test results to determine if any of the other cases are related.  Medical professionals are reporting a number of patients with symptoms of E. coli

The E. coli cases are spread throughout central Ohio, meaning the source is most likely a food product.  To find the source of an outbreak, health officials interview those who were sickened and their families.  If most of the people who were sickened ate at the same restaurant and/or ate the same food, this is epidemiological evidence of the source of the outbreak.

The source of most foodborne E. coli outbreaks is ground beef or leafy greens, particularly spinach and lettuce.  An E. coli outbreak in the state of  Washington has been associated with commercial, bagged romaine lettuce.  In every E. coli outbreak the underlying issue is bad sanitation. 

If you have been sickened by E. coli, contact our law firm, one of the few law firms in the nation that practices extensively in the area of foodborne illness litigation.  To contact an attorney at our office, please call 1-888-377-8900 or submit our online consultation form.

Ohio E. coli Cases May Be Connected

Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
hamburger-patties.jpgAccording to the CDC, ground beef sold at Kroger grocery stores has been linked with an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit. In response to this outbreak, Kroger has recalled an undetermined amount of Kroger ground beef products.  Read about the Kroger recall.


Several cases of E. coli in central Ohio may be connected.  Seven cases were reported to three counties in July:
  • Delaware County (1)
  • Fairfield (3)
  • Franklin (3)
Because these cases were reported within a short period of time, health officials believe they may be connected.  According to a story in the Columbus Dispatch, the most recent case of E. coli involved a woman who was hospitalized for three days:
A 55-year-old Delaware County woman who was hospitalized for three days with an E. coli infection brings the total number of central Ohio cases reported since June 4 to seven.

The woman is now home and has been interviewed about what and where she ate prior to the infection, said Jesse Carter, spokesman for the Delaware General Health District.

Health officials are also looking into the May 27 death of a Gahanna woman who had been hospitalized with an E. coli infection, according to the Columbus Dispatch story. 

E. coli can be spread through contaminated food or water, animal contact, or person-to-person contact.  Recent foodborne outbreaks of E. coli infections have involved spinach, lettuce and ground beef.  An E. coli outbreak in Washington State has been associated with bagged, commercial romaine lettuce.

E. coli Outbreaks in Minnesota Often Associated with Daycare Centers: Recent Wonder World Preschool E. coli Outbreak Sickens 8 Children

According to the Minnesota Department of Health, eight children who attend Wonder World Preschool have lab-confirmed cases of E. coli O157:H7.  At least one of the children has developed hemolytic uremic syndrome (HUS), a complication of an E. coli infection that can lead to kidney failure and death. 

Young children are a high-risk group for developing serious complications from E. coli infections.  Most of the people who develop HUS in Minnesota and throughout the United States are children under 5.

As Minnesota E. coli lawyer Fred Pritzker stated in a recent law firm press release regarding the Wonder World Preschool E. coli outbreak:
Because young children often put their hands and toys in their mouths, preschools and daycare centers can quickly become hot zones for E. coli. Daycare facilities should know this and take affirmative steps to prevent the spread of E. coli.
Minnesota has a history of E. coli O157:H7 outbreaks associated with daycare centers:
  • 2005: One daycare-associated outbreak of E. coli O157:H7 resulted in seven confirmed cases and two cases of HUS. The route of transmission was likely person-to-person.
  • 2004: Three daycare-associated outbreaks of E. coli O157:H7 resulted in a total of 14 laboratory-confirmed cases (four to six cases per daycare). The route of transmission for all three outbreaks was likely person-to-person. There were no associated cases of HUS.
  • 2003: One daycare-associated outbreak of E. coli O157:H7 resulted in three confirmed cases.  The route of transmission was likely person-to-person.
  • 2001: Three daycare-associated outbreaks of E. coli O157:H7 resulted in 33 cases (27 of the cases in one daycare) and five cases of HUS, including one death. The route of transmission was likely person-to-person (Minnesota Department of Health E. coli O157:H7 and HUS Statistics).
We are a Minnesota law firm that practices extensively in the area of E. coli litigation.  If your child was sickened in this Minnesota E. coli outbreak associated with Wonder World Preschool, you can contact one of our experienced E. coli lawyers at 1-888-377-8900 (toll-free). If you prefer, you can email our lawyers or submit our free case consultation form. Our offices are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402.  We are available to meet with you in Slayton to discuss your case.

Fresh Tomato Salmonella Warning is Now Nation-wide, Local Growers Couldn't be Happier

The federal government has expanded its warning on fresh tomatoes to include the entire nation after 167 people have been confirmed infected with genetically linked strains of Salmonella Saintpaul in 17 different states.  The FDA's first warning did not mention the states of Arkansas, California, Georgia, Hawaii, North Carolina, South Carolina, Tennessee, and Texas, but all of these states are now included in the FDA warning.  The states with the most reported cases are Arizona (12 cases), Illinois (27 cases), New Mexico (39 cases), and Texas (56 cases).  The illness began between April 16 and May 27, 2008.  At least 23 persons have been hospitalized.  At least one death has been reported but has not been confirmed. 

The affected types of tomato include fresh and fresh cut red Roma, red plum, and round red tomatoes.  Food products made with these tomatoes are also affected.  Cherry and grape tomatoes and tomatoes with the vine still attached were not affected by this recall. 

This FDA warning has led restaurants all over the nation to pull fresh tomatoes and salsas from their menu including McDonalds, Chipotle, Burger King, Wal-Mart, Kroger, Winn-Dixie, Outback Steakhouse and Taco Bell. Continue Reading...

Foodborne Outbreaks Associated with Leafy Greens

lettuce.jpg

This year at the International Conference on Emerging Infectious Diseases, one of the topics was foodborne outbreaks in the United States associated with leafy greens.  A leafy-green-associated foodborne outbreak was defined as two or more illnesses due to the consumption of a single leafy green food item (lettuce, cabbage, mesclun mix, spinach) or a salad item containing one or more leafy greens. According to CDC data, of 10,421 foodborne outbreaks reported during 1973-2006, 502 (4.8%) outbreaks, 18,242 (6.5%) illnesses, and 15 (4.0%) deaths were associated with leafy greens. Norovirus was responsible for 196 (58.3%) outbreaks; Salmonella, 35 (10.4%) outbreaks; and E. coli O157:H7, 30 (8.9%).

The following is some additional information from the conference regarding leafy-green-associated foodborne illness:

  • The median size of leafy green-associated outbreaks (18 illnesses) was twice the median size of non-leafy green-associated outbreaks.
  • During 1986-1995, U.S. leafy green consumption increased 17.2% from the previous decade. During the same period, the proportion of all FBDO due to leafy greens increased 59.6%.
  • During 1996-2005 leafy green consumption increased 9.0% and leafy green-associated outbreaks increased 38.6%.
  • In 296 (69.4%) outbreaks, leafy greens were served at a restaurant.
  • 11 (2.2%) involved cases in multiple states.

From 1986 through 2005, the number of leafy-green-associated foodborne outbreaks associated with lettuce rose at a much higher rate than can be accounted for by an increase in leafy green consumption. Over half of the leafy-green-associated foodborne outbreaks involved restaurants. 

In May there was a lettuce-associated E. coli outbreak in the state of Washington. As with most of the previous leafy-green-associated foodborne outbreaks, the lettuce was served at a restaurant and other eating establishments (in this case, a school cafeteria). Read our press release entitiled, “E. coli Outbreak Associated with Lettuce Prompts Call for Better Sanitation.”

Retailers Heed FDA Tomato Warning

The massive outbreak of Salmonella serotype Saintpaul in raw tomatoes has now affected 145 people in 16 states, including 23 hospitalizations. On June 7, the FDA issued a warning against the purchase and consumption of raw red Roma, raw red plum, raw red round tomatoes, or any products that would contain those tomatoes.  The FDA’s warning does not apply to cherry, grape, and tomatoes with the vine attached. The FDA also announced a list of states and territories that produce tomatoes which are safe to purchase.  The list includes Arkansas, California, Georgia, Hawaii, North Carolina, South Carolina, Tennessee, Texas, Belgium, Canada, Dominican Republic, Guatemala, Israel, Netherlands, and Puerto Rico.

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In response to the massive outbreak, many stores and restaurants have removed fresh tomatoes from shelves and menus.  The Wall Street Journal reports that McDonald’s, the largest restaurant chain in the United States, has stopped serving tomatoes on all sandwiches.  A spokeswoman for McDonald’s states that this is only a precautionary measure and will continue to offer grape tomatoes on salads. Following McDonald’s actions, restaurants such as Chipotle Mexican Grill, Burger King, Texas Roadhouse, Cracker Barrel, and Wal-Mart have all stopped serving fresh tomato products and removed all products affected by the FDA’s warning.

Chipotle stopped serving its fresh tomato salsa, according to the Los Angeles Times.  Chipotle posted a notice on their website stating “We apologize but our tomato salsa is temporarily unavailable.  Your safety is our top priority. So even though our tomato salsa is completely safe, we have suspended serving it in all of our restaurants as long as there remains any concern about the tomato supply in this country.”

It seems that restaurants and retailers across the country are taking this outbreak and the FDA’s warning very seriously, which should help prevent the outbreak from expanding even more.

E. coli Outbreak at Slayton Minnesota Day Care Highlights Care Issues

Day cares are frequent sources of E. coli outbreaks.  An E. coli outbreak at the Wonder World Preschool in Slayton, Minnesota has led to 3 confirmed cases of E. coli O157:H7. 13 other children have shown symptoms of an infection and are being tested.  One child has been hospitalized and is showing signs of hemolytic uremic syndrome, a severe complication of E. coli O157:H7 infections that is the leading cause of acute kidney failure in children.  Read our press release regarding this outbreak entitled, "Preschools and Day Care Centers Can Become Hot Zones for E. coli."

The parents of sickened children should contact an E. coli lawyer immediately.  Compensation in an E. coli lawsuit could include medical expenses, lost income, pain and suffering and emotional distress. 

Preschools are responsible for maintaining a clean and sanitary facilityE. coli is spread through food, water, animal contact or person-to-person contact.  Although there are a number of different ways it can spread, the underlying source is feces.  If a worker changes a diaper or wipes a bottom and then does not wash his or her hands adequately, E. coli bacterium could be transfered from the worker's hands to the mouth of a little child.  Only a very small amount (100-200 bacterium) of E. coli O157:H7 is needed to cause disease.  

It is very important that children with symptoms of an E. coli O157:H7 infection are not taken to a day care facility. Symptoms of an E. coli O157:H7 infection are:
  • Watery diarrhea
  • Stomach cramps
  • Severe abdominal pain
  • Low-grade fever (10-20% of cases)
  • Visibly bloody diarrhea
Children are considered contagious until TWO stool samples are taken that are free of E. coli O157:H7.  A recent study found that four out of five children who have a negative stool sample test positive in a subsequent test.

The best way for day care workers, parents, and children to prevent the spread of E. coli O157:H7 is to wash their hands.  Bacteria can easily hide under a fingernail or anywhere on the hand that was not thoroughly washed with soap and water for at least 20 seconds.  It is especially important that day care workers wash their hands after using the restroom, changing a diaper, preparing food, or feeding a child.    

Topps E. coli Outbreak Update

topps-hamburgers2.jpgIn 2007, Topps Meat Company, LLC, recalled 21.7 million pounds of frozen hamburger patties that health officials had linked to an E. coli O157:H7 outbreak. At least 40 people were sickened, some with a serious complication called hemolytic uremic syndrome.

An Associated Press story highlights some of the problems at the Topps plant that health officials believe may have contributed to the E. coli O157:H7 contamination:

  • Beef ground one day was often stored and “reworked” with meat from another production cycle
  • A conveyor belt that moved raw patties to packaging was marred by "gouges, cracks and tears"
  • [Inspectors] found residue on surfaces that fresh meat came into contact with
  • [Topps] cut back on testing for the dangerous pathogen and disregarded sanitary issues
  • Federal food inspectors overlooked crucial evidence that Topps used risky processing procedures and operated under a flawed food safety plan

Kenneth Petersen, head of the national Office of Field Operations for the USDA's Food Safety and Inspection Service (FSIS), was sited by the Associated Press as saying, "Clearly, something was missed at Topps" and that Topps became “complacent.”

Continue Reading...

Washington E. coli Scare is Latest Produce-Related Outbreak

The recent Washington State E. coli O157:H7 outbreak that left 10 people ill, several requiring brief hospitalization, was officially linked to commercial romaine lettuce and is the most recent scare that has left people uncertain about the safety of leafy greens. 

High-profile lettuce-associated outbreaks in the past few years have helped to draw attention to the impact a produce-related outbreak can have.  A large outbreak in September, 2006 linked to Dole Pre-Packaged Spinach resulted in 205 confirmed cases and three deaths. 

The late 2006 outbreak at Taco Bell restaurants in Delaware, New Jersey, New York, and Pennsylvania was linked by the FDA to shredded iceberg lettuce.  The Taco Bell outbreak left 71 people confirmed ill, 53 hospitalized and 8 who developed the severe complication of hemolytic uremic syndrome.

In November and December of 2006, another E. coli O157:H7 oubreak at Taco John's left 81 sick in Minnesota and Wisconsin.  Twenty-six victims were hospitalized and two developed hemolytic uremic syndrome.  This outbreak was linked to iceberg lettuce grown on Wegis Ranch in Buttonwillow, California. 

As a consumer, the best thing to do to prevent produce related illness is to cook produce before it is consumed to ensure any pathogens are killed.  But as most people don't like cooked salad, all that can be done by the consumer is to thoroughly wash leafy greens with running water before they are consumed.  However, only 100-200 E. coli O157:H7 bacterium are required to cause infection, so it is highly unlikely that simple washing of produce can prevent the spread of infection.  For more information, please see our page on food poisoning prevention.

Washington State E. coli Outbreak Linked to Romaine Lettuce

Washington State Health Department officials have implicated commercial, bagged romaine lettuce as the source of a recent E. coli O157:H7 outbreak in Pierce and Thurston counties.  DNA fingerprinting confirmed that the E. coli cases were connected.  Dr. Marcia Goldoft, Acting Epidemiologist of the Washington  Department. of Health said that "This is a product that will be at a restaurant, a cafeteria or a food vendor. This is not a product that would be coming from a grocery store." 

Three people in Thurston County and six people in Pierce country were infected in this outbreak. 
A 10th case was reported but not confrimed because the individual did not undergo testing.  Of those ill in Thurston County, all the victims were teenagers.

We contacted Thurston county today, and they confirmed that three victims were students at Capital High School in Olympia, a fourth was a student at Thurgood Marshall Middle School.  In Pierce County, the cases may be associated with a restaurant and an educational institution.  Because the outbreak is deemed over, health officials are not releasing the names of either, but internet accounts of the outbreak suggest that some of those sickened may have eaten salads at Pacific Lutheran University in Tacoma. 

Several of the victims were briefly hospitalized, but none were seriously ill. 

On June 9th ,Donn Moyer, a spokesman of the Washington Health Department, said that no new cases of the had been reported since May 29.  Officials are still investigating the source of the outbreak and have narrowed their search to three California producers.

E. coli Outbreak Associated with Wonder World Preschool in Slayton

Wonder World Preschool in Slayton, Minnesota may be associated with an E. coli outbreak.  The Minnesota Department of Health is investigating the outbreak.

According to the Minnesota Department of Health:
  • 3 children who attend Wonder World have been confirmed positive for E. coli
  • One child has been hospitalized with symptoms consistent with hemolytic uremic syndrome, a severe complication of the infection that affects the kidneys
  • About 13 other children have shown symptoms of E. coli and are being tested for E. coli.
The parents of sickened children should contact an E. coli lawyer immediately.  Compensation in an E. coli lawsuit could include medical expenses, lost income, pain and suffering and emotional distress. 

Preschools are responsible for maintaining a clean and sanitary facilityE. coli is spread through food, water, animal contact or person-to-person contact.  Although there are a number of different ways it can spread, the underlying source is feces.  If a worker changes a diaper or wipes a bottom and then does not wash his or her hands adequately, contaminated feces could pass from the worker's hands to the mouth of a little child.  Even small amounts of E. coli can seriously sicken a young child.

We are a Minneapolis, Minnesota law firm that practices extensively in the area of foodborne illness litigation.  We have recovered millions for victims of E. coli.  Contact us about our E. coli lawsuit experience and a possible Wonder World Preschool lawsuit.  To contact a lawyer with E. coli litigation experience at our Minnesota law firm, please call 1-888-377-8900 (toll-free), email our lawyers or submit our free case consultation form.

Salmonella Saintpaul Outbreak Expands to 16 States

Health officials have identified 145 persons in 16 states infected with Salmonella Saintpaul with the same genetic fingerprint

According to the CDC, States involved in this Salmonella Saintpaul outbreak include the following:

Arizona (12 persons), California (1), Colorado (1), Connecticut (1), Idaho (2), Illinois (17), Indiana (1), Kansas (3), New Mexico (39), Oklahoma (3), Oregon (2), Texas (56 persons), Utah (1), Virginia (2), Washington (1), and Wisconsin (3).

At least 23 persons were hospitalized. No deaths have been reported. CDC suspects that more than 145 illnesses have occurred:

Because of inherent delays in reporting and because many persons with Salmonella illness do not have a stool specimen tested, it is likely many more illnesses have occurred than those reported. Some of these unreported illnesses may be in states that are not on today’s map.

tomatoes-red.jpgIn response to this outbreak, FDA is expanding its warning to consumers nationwide, cautioning them that a salmonellosis (illness caused by Salmonella) outbreak has been linked to consumption of certain raw red plum, red Roma, and red round tomatoes, and products containing these raw, red tomatoes:

FDA recommends that consumers not eat raw red Roma, raw red plum, raw red round tomatoes, or products that contain these types of raw red tomatoes unless the tomatoes are from the sources listed below. If unsure of where tomatoes are grown or harvested, consumers are encouraged to contact the store where the tomato purchase was made. Consumers should continue to eat cherry tomatoes, grape tomatoes, and tomatoes sold with the vine still attached, or tomatoes grown at home.

FDA has published a list of states, territories, and countries where tomatoes are grown and harvested which have not been associated with this outbreak. This updated list includes: Arkansas, California, Georgia, Hawaii, North Carolina, South Carolina, Tennessee, Texas, Belgium, Canada, Dominican Republic, Guatemala, Israel, Netherlands, and Puerto Rico.

To discuss a Salmonella Saintpaul case with an experienced lawyer, please call 1-888-377-8900 (toll-free), email our lawyers, or submit our free case consultation form.

Lab-Confirmed E. coli Infections in Washington May Be Linked to Lettuce

The Washington State Department of Health announced today that there are 9 lab-confirmed cases of E. coli infection in Washington that may be linked to contaminated bagged, commercial romaine lettuce. All of the cases occurred in May.  Four of the cases were identified in Thurston County, and six in Pierce. Some of the people infected were hospitalized.

According to the epidemiological evidence gathered by the Washington Department of Health, the sickened people had eaten salad or lettuce at different places.  This means that contaminated lettuce was most likely contaminated before it was distributed to a number of eating establishments.  The people The FDA is working to trace the source of the lettuce.

Although E. coli outbreaks usually involve beef products, there have been 22 E. coli outbreaks linked to leafy greens since 1995. 

Bagged lettuce has often been the culprit.  Bagged lettuce is to produce what ground beef is to beef products. Mixing chopped lettuce from a number of heads together and then bagging makes it possible for one contaminated head of lettuce to reach a great number of consumers and make them sick.

Although processors triple-wash the lettuce leaves in chlorinated water, enough E. coli can remain on the leaves to make someone sick.

Because lettuce is eaten raw, the only way to prevent deadly E. coli outbreaks linked to lettuce is to irradiate the lettuce. According to a recent study, small doses of ionizing irradiation, a non-thermal technology, on lettuce can:

  • Kill E. coli and other foodborne pathogens
  • Improve the visual quality of lettuce
  • Have no negative effect on texture
  • Have no negative effect on vitamin C.
Certainly the benefits of irradiation outweigh any risks.  Eliminating E. coli on produce and other food products with irradiation would save lives and prevent the majority of cases of kidney failure (E. coli complication) in children in the United States.

AMI Supports Test and Hold Policy

Meatingplace reports that the American Meat Institute (AMI) would support a new USDA policy that would require companies to hold onto meat products tested by the Food Safety and Inspection Service (FSIS) until the test results became available.  Such a policy would prevent meat from entering the marketplace until it was known whether or not it tested positive for a pathogen. Some companies already voluntarily hold their product until test results are known, however 26 of the 49 E. coli O157:H7 recalls in 2007 occurred in products that had tested positive after leaving control of the production company. The same was true in almost all of the Listeria related recalls.

Tennessee Hep A Cases Rise

The Hepatitis A outbreak in Hawkins County, Tennessee has now affected at least eight people who live in the Mooresburg community, near Cherokee Lake. Health officials have still not identified a source of the outbreak, but are doing everything they can to determine what led to the many illnesses.  The Northeast Tennessee Regional Health Office has been handling the requests of concerned residents and has been giving Hepatitis A vaccines.  The Health Office administered more than 1500 vaccines over the course of three days, but officials say that most who received the vaccine were unaffected by the outbreak and just worried (Knoxville News Sentinel).

The health department says that only people who were in the Mooresburg community between May 15 and 29 would possibly be affected by the outbreak.  However, those are the only ties officials have found that connect the five adults and three children who have confirmed cases of Hepatitis A. Officials are investigating whether or not a spill of raw sewage into Cherokee Lake could be the cause.  After a power outing in April, 250,000 gallons of raw sewage was dumped into the lake. The investigators don’t think that there is a likely chance the spill is to blame, due to the great time lapse, but soil and water samples are being collected to make sure. Officials think that more cases will be reported in time, and they are doing all they can to find the source of the outbreak.

FDA Warns Consumers in New Mexico and Texas Not to Eat Certain Tomatoes

According to the CDC:
40 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in Texas (21 persons) and New Mexico (19 persons).  An epidemiologic investigation conducted by the New Mexico and Texas Departments of Health and the Indian Health Service using interviews comparing foods eaten by ill and well persons has identified consumption of raw tomatoes as the likely source of the illnesses in New Mexico and Texas. The specific type and source of tomatoes are under investigation; however, preliminary data suggest that large tomatoes, including Roma, red plum and red round are the source.

 

People in Arizona, Colorado, Idaho, Illinois, Indiana, Kansas, and Utah have also tested positive for Salmonella Saintpaul, an uncommon type of Salmonella.

In response to this outbreak, the FDA is alerting consumers in New Mexico and Texas not to eat Roma, red plum or red round tomatoes. According to the FDA consumers in these states should limit their tomato consumption to tomatoes that have not been implicated in the outbreak. These include cherry tomatoes, grape tomatoes, tomatoes sold with the vine still attached, and tomatoes grown at home.

According to the FDA, the first case of salmonellosis caused by Salmonella Saintpaul in this outbreak was reported on April 23:

From April 23 though June 1, 2008, there have been 57 reported cases of salmonellosis caused by Salmonella Saintpaul in New Mexico and Texas, including 17 hospitalizations.  Approximately 30 reports of illness in Arizona, Colorado, Idaho, Illinois, Indiana, Kansas, and Utah are currently being investigated to determine whether they are also linked to tomatoes. There are no reported deaths.

CDC has the following advice for consumers:
  • In New Mexico and Texas, until the source of the implicated tomatoes is determined,
    • persons with increased risk of severe infection, including infants, elderly persons, and those with impaired immune systems, should not eat raw Roma or red round tomatoes other than those sold attached to the vine or grown at home, and
    • persons who want to reduce their risk of Salmonella infection can avoid consuming raw Roma or red round tomatoes other than those sold attached to the vine or grown at home.
  • Avoid purchasing bruised or damaged tomatoes and discard any that appear spoiled.
  • Thoroughly wash all tomatoes under running water.
  • Refrigerate within 2 hours or discard cut, peeled, or cooked tomatoes.
  • Keep tomatoes that will be consumed raw separate from raw meats, raw seafood, and raw produce items.
  • Wash cutting boards, dishes, utensils, and counter tops with hot water and soap when switching between types of food products.

Demanding Safer Food

The blog over at the Seattle Post-Intelligencer recently posted about the growing trend of the government checking up on growers and even processors to make sure that the safest foods are hitting store shelves. The media covers the major outbreaks of foodborne illness, and sites around the blogosphere, including this one, attempt to make sure the public knows which foods are unsafe to consume.  This puts pressure on growers and processors who often get bad publicity after a wide-scale contamination or outbreak.  However, many farmers are now seeking third party verification to make sure that any chance of pathogenic contamination is reduced as much as possible.

The state inspectors in Washington do their best to check up on everyone to make sure that the USDA’s Good Agricultural Practices and Good Handling Practices are being maintained.  The inspectors voluntarily audit growers and producers, but many wholesalers, including the federal government, are requiring certification that the growers and processors have passed inspection. Washington State has drastically increased the number of yearly audits, and the demand is expected to increase even more.

The Seattle Post-Intelligencer notes that the audits include the following procedures:

  • Field irrigation water tested for the presence of microbial
    organisms
  •  Measures to prevent livestock waste from contaminating crops and
    water
  • Ability to trace back produce to a particular field and date of
    harvest
  • Covered, clean trucks to haul all produce
  • Potable water used for food processing and hand washing
  • Proper storage and refrigeration of harvested produce
  • Documented pest control programs in warehouses
  • Proper sanitation training for farm workers and packing house
    employees.


Bacterial Infection May Cause SIDS

Sudden Infant Death Syndrome (SIDS) claims the lives of thousands of babies every year and researches continue to scratch their heads about the causes of the syndrome. Although risk factors include exposure to passive smoke, overheating, sleeping on the stomach or on soft beds, new research suggests that some cases of SIDS may be related to bacterial infection such as E. coli and Staphylococcus aureus

Bloomberg reports the research of Martin Weber, who studied 546 cases of SIDS between 1996 and 2005. Autopsies were done on the infants, and interesting results were found relating bacterial infection to SIDS.

According to Bloomberg,

As many as 19 percent of the unexplained cases of SUDI (as SIDS is known in the UK) may have been due to E. coli or S. aureus, or other pathogenic bacteria without an obvious focus of infection. The researchers found these pathogens in 24 percent of deaths diagnosed as bacterial infection and in 11 percent of cases explained by non- infective causes such as accidents or heart disease.

The researchers think that the bacteria may produce toxins which affect the infant. The increase in bacteria levels may be due to other causes, and not the direct cause of SIDS. Overheating and impaired infant arousal responses are linked to infant death and may also provide better conditions for bacterial growth inside the ailing infants. What the research does show is that S. aureus and E. coli may be related to SIDS and that more research is needed to learn more about the pathology of the illness.

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E. coli is also the leading cause of infant meningitis.  Meningitis in infants is fatal between 40 and 80% of the time.  If E. coli is also related to the many deaths caused by SIDS, it will be ever more important to make sure that the nation’s food supply, especially the foods that come into contact with infants and pregnant women, are kept free of life-threatening bacteria like E. coli.

House Committee Investigates Suspicions About Private Labs

The House Committee on Energy and Commerce has launched an investigation into the practices of private laboratories and their effectiveness in reporting to the FDA.  The FDA has Import Alert rules which allow importers to use private labs to test their product before entering the U.S. marketplace.  It is the lab’s responsibility to report any failing test results to the FDA so that dangerous products do not reach consumers.  The Committee suspects that more often than not, importers pressure the private companies into retesting bad samples until the products pass the test or not notifying the FDA of test results.

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The Committee also discovered during a hearing that some importers shop around for laboratories that will make sure a clean result is obtained. In response to these practices, the Committee sent a letter to ten different lab companies requesting information.  In response to the practices, the Committee wrote that “This repeated testing is done without alerting FDA that potentially dangerous food has been imported into this country—a practice which we find deplorable.” We are inclined to agree.

The Committee’s letter requested the following information from the companies:
  • The number of samples tested in the last six years that were under Import Alert.
  • The number of failed test results found in the last six years.
  • For the failed test results, all information relating to the importer, the product, the reason for the result, and whether or not the FDA was notified.
  • All records relating to failed test results.

The Chicago Tribune reports that only two of the ten companies have complied with the House Committee’s request. Dr. David Acheson, the FDA’s assistant commissioner for food protection, says that keeping the private labs honest is difficult because the labs are not part of the FDA.  The labs do not work for the FDA but work for the importers, and often choose to follow the importer’s wishes rather than the FDA’s. Acheson also suggests a possible solution by having Congress allow the FDA to accredit private labs so that they could have more control over their test results and records.

Obviously, something has to be done to resolve this problem.  At the very least, FDA accreditation should be allowed, and that should be done with the understanding that other solutions may be required.  FDA accreditation may be totally ineffectual, particularly if there is not enough FDA oversight of the private labs.

Tracking the Dangers of Foodborne Illness

Contracting foodborne illnesses is often dangerous and life threatening for hundreds of thousands of people every year, but the effects of these illnesses can last a lifetime.  Very little research has been done to show the seriousness of long-term effects of foodborne illness, which has prompted STOP (Safe Tables Our Priority) to open an online registry to help keep track of foodborne illness victims and any complications they have later in life.

WBZ Boston tells the story of Alyssa Chrobuck who became infected with E. coli after eating a contaminated hamburger when she was five years old.  She was hospitalized due to organ failure, but survived. Now a college student, she continues to take eight different medications for problems including gall stones and high cholesterol.  She has also had surgery to remove part of her thyroid.

Nancy Donley, president of STOP, states that “There are people who have had long-term kidney problems, diabetes, pancreatic problems, vision problems.”  STOP encourages people experiencing these long-term problems to register on their Web site (safetables.org) so that the magnitude of the problem can be evaluated.  The registry’s goal is to gain a better understanding of foodborne illness and to learn how to better prevent the long-term effects of foodborne illness.

Food for Thought on Chinese Imports

The U.S. Food and Drug Administration's (FDA) Office of Criminal Investigations has announced that two Chinese nationals and the businesses they operate, along with a U.S. company and its president and CEO, were indicted by a federal grand jury for their roles in a scheme to import products purported to be wheat gluten into the United States that were contaminated with melamine. These products were used to make pet food.

Was the contamination caught before pets were sickened? We all know the answer: by the time the contamination was discovered, hundreds of pets reportedly died or became seriously ill.

The FDA was notified of the problem on March 15, 2007:  

On March 15, 2007, a pet food manufacturer alerted FDA to the deaths of 14 cats and dogs, several reported by consumers and several that died during routine taste trials conducted by the company. The animals were reported to have developed kidney failure after eating pet food that had been manufactured with the purported wheat gluten. 

The first recalls associated with the contamination were initiated on March 16, 2007. Two manufacturers recalled some canned and small foil pouch “wet” cat and dog food. The extent of the contamination was slowly uncovered, and the last recall related to the contamination was initiated on May 31, 2007.

What does this have to do with food safety? Some food for thought:

  • Consumers are unwittingly eating products made in China every day. In the last decade, China has become the world's leading supplier of many food flavorings, vitamins and preservatives. In fact, some food additives are available in vast quantities only from China. It is now the predominant maker of vanilla flavoring, citric acid and varieties of vitamin B such as thiamine, riboflavin and folic acid — nutrients commonly added to processed flour goods. (Los Angeles Times)
  • The FDA is investigating a possible intentional contamination of heparin by a Chinese plant. Over 80 people are dead and over 700 people had serious adverse reactions. As a result Baxter Healthcare initiated a Baxter heparin recall involving all of its heparin products. A food product could just as easily be intentionally contaminated.
  • If a contaminated product enters the U.S. food supply, it will take time to discover the contamination and even more time for all of the affected products to be recalled and pulled off of the shelves.  Months after a recent recall of canned goods due to possible botulism contamination, health officials found recalled products on the shelves of some small stores.
  • The FDA’s answer to the real danger of contamination of products manufactured in China is 13 FDA employees in China. FDA has announced it may establish foreign offices in Beijing, Shanghai and Guangzhou and send 13 employees to work there. That is like kissing a gaping wound to make it feel better.

New Mexico Salmonella Outbreak Sickens People in Six Counties

The New Mexico Department of Health is investigating a cluster of 19 Salmonella cases. Several victims of the outbreak have been hospitalized due to severe symptoms. No one has died.

Health officials are interviewing patients to determine the source(s) of the Salmonella infections. 

People in six counties in New Mexico have confirmed cases of Salmonella:

  • McKinley
  • San Juan
  • Dona Ana
  • Curry
  • Socorro
  • Bernalillo

This suggests the source of the outbreak was not one restaurant or other eating establishment and that the source was most likely a food product. Recent Salmonella outbreaks have been associated with frozen chicken meals, frozen pot pies, cantaloupe and Malt-O-Meal cereal.

“We have alerted physicians and hospitals around the state to be on the lookout for people presenting with fever and diarrhea and to test those people for Salmonella,” said Dr. Mike Landen, deputy state epidemiologist with the Department of Health.

We applaud the New Mexico Department of Health for encouraging medical professionals to test for Salmonella. Our experience is that doctors often do not test patients with symptoms of food poisoning to determine the pathogen responsible for the illness.  Any patient who is diagnosed with symptoms of food poisoning should press their physician for further testing, especially when there is serious illness.

Contact us (1-888-377-8900 (toll-free)) if you have questions, including how to report a case of salmonellosis (Salmonella infection) to a health department, an important step in determining the source of the illness. We are a national law firm.

Prevent Poop in Pools Please

After reading Barfblog’s post on poop and pools, we decided to share some of our thoughts on poop and pools:
  • Do not allow your pets to swim in pools with humans. Even if you don’t think your pet will poop in a pool (or swimming beach area), poop happens.
  • Before going into a pool, clean your entire body as well as you would want others to clean themselves. Do unto others . . . .
  • Teach your children to get out of the swimming pool if they need to urinate or have a bowl movement—PLEASE.
  • swimming-pool.jpg
  • Do not swim in a pool with others if you have diarrhea. Granted, you will probably not lose it in the pool, but diarrhea is an indication of infection with potentially-dangerous pathogens, including E. coli O157:H7 (possible scenario: boy eats hamburger, gets E. coli, swims in pool with other children and spreads the illness to those children). Don’t put others at risk.
  • And now for something completely controversial. Do not have an infant in diapers in a pool with others, especially other young children, elderly people and people with compromised immune systems. Swimming diapers are not guaranteed to keep poop in the diaper. Even trace amounts of poop leaking into a pool from a diaper can cause illness. We are sure there are many who disagree with this. We welcome your comments below.

Do you have any thoughts on poop and pools? Provide your comments below.

Read FSN Post Regarding Soft Serve Ice Cream and Pregnant Women

A post on the International Food Safety Network’s Barfblog asks “Is free soft-serve ice cream for pregnant women a good idea?” Baskin Robbins is offering free soft serve ice cream to pregnant women today as a promotion of its new soft-serve ice cream. 

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According to Dr. Doug Powell, soft-serve ice cream is on the Australian list of foods pregnant women should avoid, and for good reason:

A 1996 study in Sydney, Australia found 49 of 86 samples of soft serve to have dangerous bacteria levels. Another study in Wisconsin in 2003, found 15 of 22 local soft serve machines at retail food service establishments to have dangerous levels of coliforms and other bacteria. In 2006, Iowa also found a high level of soft serve machines (23%) in the Waterloo-Cedar Falls area to have dangerous levels of coliforms and other bacteria. Regular cleaning of machines with soap and sanitizer could reduce the number of bacteria found on the soft serve machines. Poor hygiene can lead to the spread of foodborne illness through soft serve ice cream. Soft serve ice cream is typically kept at a higher storage temperature than frozen ice creams, which could lead to increased bacterial growth. Ice cream is high in moisture and protein content, which is favorable for bacteria to grow.

Read the entire post on Barfblog.


Food Safety Tips for a Successful Grilling Season

The following are food safety tips for a successful summer grilling season from a USDA press release:

Hand-Washing.jpg Clean: First things first – make sure you start with clean surfaces and clean hands. Be sure that you and your guests wash your hands before preparing or handling food. Hands should be washed with soap and warm water for 20 seconds before and after handling food. Equally important are the surfaces that come in contact with raw and cooked foods – make sure they are clean before you start and are washed frequently.

Separate: Raw meats and poultry should be prepared separately from veggies and cooked foods. When you chop meats and veggies, be sure to use separate cutting boards. Juices from raw meats can contain harmful bacteria that could cross-contaminate raw veggies and already cooked foods.

Cook: Masters of the grill are no match for foodborne illness, so it’s important to have all the right tools. Your food thermometer is the most important tool that will tell you if your food is thoroughly cooked, as color is not a reliable indicator of doneness.

meat-thermometer.jpgMeat and poultry cooked on a grill often brown quickly and may appear done on the outside, but still may not have reached a safe minimum internal temperature to kill any harmful bacteria. Steaks, roasts and chops should be cooked to 145 °F. Hamburgers should reach 160 °F. All poultry should reach a minimum of 165 °F. Fish should be cooked to 145 °F. Fully cooked meats like hot dogs should be grilled to 165 °F or until steaming hot.

As you take the cooked meats off the grill, be sure to place them on a clean plate or platter, NOT on the unwashed dish that held them when they were raw. The juices left on the plate from the raw meats can cross-contaminate cooked foods.

If you prefer to prepare meats using a smoker, the temperature in the smoker should be maintained between 225 °F and 300 °F for safety. Be sure to use your food thermometer to be certain the food has reached a safe minimum internal temperature.

Chill: Keeping food at a safe temperature is always a major concern at picnics and cookouts. Too often, food is prepared and left to sit out while guests munch over the course of several hours. However, bacteria can start to grow on perishable food that has been sitting out too long.

It’s important to keep hot food hot and cold food cold. Hot food can be kept safe at 140 °F or above in chafing dishes, slow cookers or warming trays, and cold food can be kept chilled at 40 °F or below with ice packs or ice sources underneath.

Perishable food should never sit out for more than two hours. And if the temperature is above 90 °F – which can be common at summer picnics – perishable foods shouldn't sit out more than one hour. Refrigerate or freeze leftovers promptly and discard any food that has sat out too long.
Learn More: One of the best resources available before you plan a summer cookout is USDA’s virtual representative, “Ask Karen,” a feature that allows you to ask food safety-related questions 24 hours a day. Visit “Ask Karen” at AskKaren.gov. Food safety coaches are available by phone at the USDA’s Meat and Poultry Hotline at 1-888-MPHotline (1-888-674-6854). Recorded messages are available 24 hours a day and the Hotline is staffed with food safety experts, Monday through Friday from 10 a.m. to 4 p.m. Eastern Time.

Nitrogen Content in Young Lettuce Leaves May Be Associated with E. coli Risk

Contrary to what most people would think, young (inner) lettuce greens may pose a greater risk of E. coli O157:H7 contamination than older (middle) leaves, according to a study conducted by researchers at Produce Safety and Microbiology Research Unity, Albany, California and the University of California, Berkeley. Romaine-Lettuce.jpgThe study found that E. coli O157:H7 consistently colonized on young (inner) romaine lettuce leaves at a rate ten-times greater than on the middle leaves of the romaine lettuce. The reason may be nitrogen content. Young-leaf exudates used in the study were found to have about 2.9 times more nitrogen than the middle-leaf exudates. 

According to the researchers involved in this study, “Our results indicate that leaf age and nitrogen content contribute to shaping the bacterial communities of preharvest and post-harvest lettuce and that young lettuce leaves may be associated with a greater risk of contamination with E. coli O157:H7.”

Reference: M.T. Brandl, R. Amundson. 2008. Leaf age as a risk factor in contamination of lettuce with Escherichia coli O157:H7 and Salmonella enterica. Applied and Environmental Microbiology, 74. 8: 2298-2306.

6 People with Hepatitis A Ate at Chipotle in La Mesa, California

Update to the entry below: There are now 21 confirmed cases of hepatitis A associated with the La Mesa Chipotle.


At least 6 people who ate at a La Mesa Chipotle restaurant have contracted hepatitis A.  Using epidemiological and microbiological evidence, we have successfully recovered significant amounts for victims of food poisoning associated with restaurants, even in cases where a food source was not pinpointed.  If you would like to know more about restaurant liability in a hepatitis A case, please contact a lawyer at our office at 1-888-377-8900 (toll-free), email our lawyers or submit our free case consultation form.

In most hepatitis A cases, food served to the sickened patrons was contaminated with the feces of a food handler who had hepatitis A.  In the case of a restaurant like Chipotle, the most likely scenario was that a sickened food handler contaminated food while cooking or serving the food.  In a recent hepatitis case involving a restaurant (not Chipotle), health officials determined that the food source of the outbreak was most likely raw lettuce that the sickened employee had chopped up.  Health officials may not find even a likely food source of this outbreak.

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"Our Community Epidemiology Branch and DEH are working closely with the restaurant to determine the source of the hepatitis A infection,” said Wilma Wooten, M.D., M.P.H., County of San Diego Public Health Officer. "Hepatitis A is a vaccine-preventable illness, and we recommend that the public talk to their physicians about getting vaccinated against hepatitis A."

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One Death Reported in Alamosa Salmonella Outbreak

salmonellaphage.jpgAlamosa County health officials have reported one death related to the Salmonella outbreak linked to the Alamosa water supply.  According to health officials, the genetic pattern of the person's Salmonella matched the pattern found in the city's water supply before it was disinfected.

This is the first death associated with the Alamosa Salmonella outbreak, which health officials uncovered in early March after several people were sickened after drinking water from Alamosa's city water supply.

Health officials have received at least 411 reports of Salmonella cases.  112 of those cases are laboratory-confirmed.

How to Safely Enjoy Cantaloupe

Honduran cantaloupe contaminated with Salmonella has been responsible for over 50 illnesses in 16 different states, including at least nine in Canada.  The FDA has since advised consumers not to eat any cantaloupe grown in Honduras.  Salmonella contamination is not a rare commodity among cantaloupe, being listed among the top 5 fruits and vegetables responsible for foodborne illness outbreaks.  

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Much of the risks associated with cantaloupe can be attributed to the grower, but consumers can also take special measures to ensure that enjoying the fruit can be reasonably safe. The main rule is to keep the interior fruit from being contaminated by bacteria living on the cantaloupe rind.

The International Food Safety Network explained one method for safe cantaloupe preparation:

One method uses two knives, two cutting boards and a spoon. Cut the cantaloupe into large pieces with the first knife and cutting board, and then spoon out the seeds. Next, wash your hands with soap and water, rubbing vigorously. Use the second knife to cut the fruit away from the rind, and place the fruit on the second cutting board. Now you can cut the fruit into smaller pieces without worrying about the rind. This method prevents the outer layer of the cantaloupe from contacting the inner. It is known that bacteria can grow and thrive on the fruit of the cantaloupe, so it is important to always keep it refrigerated.

Other good ideas include a thorough washing of the fruit before cutting into it, even going so far as using a vegetable brush.  Even washing and scrubbing the fruit may not be enough, due to the numerous pores on a cantaloupe’s rind.  All in all, it is important to wash the fruit and to take use any necessary precautions to prevent cross-contamination of the cantaloupe surface with the interior fruit.

One Reported Case of Salmonella in Illinois May Be Linked to Recalled Cereal

The Illinois Department of Health has reported one case of Salmonella in a person who reported eating cereal that is part of the Malt-O-Meal recall, which involves Malt-O-Meal unsweetened Puffed Rice and unsweetened Puffed Wheat with “best if used by” dates ranging from APR0808 (April 8, 2008) to MAR2909 (March 29, 2009) sold under the Malt-O-Meal brand and several other brands, including  Acme, America’s Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw’s, Shoprite, Tops and Weis Quality.  Tests are still pending.

Puffed-Wheat-Recall.jpgDr. Damon T. Arnold, state public health director, is warning consumers not to eat  the recalled puffed rice and puffed wheat cereal due to possible Salmonella contamination. Malt-O-Meal recalled the cereal after the company’s internal routine food safety testing found Salmonella. A link between the cereal and Salmonella cases has not yet been confirmed.

“I want people to check their shelves for the recalled puffed rice or puffed wheat cereals and get rid of them. Although it has not yet been confirmed that this cereal has caused people to become ill, it’s better to be safe than sorry. Either take the cereal back to the store where you bought it for a refund or throw it out, but just make sure you don’t eat it,” said Dr. Arnold.

If you are experiencing symptoms of Salmonella poisoning, please get medical attention.  If you are diagnosed with Salmonella, do not throw away or return the bag of cereal until you contact a Salmonella lawyer.  To contact our law firm regarding Salmonella poisoning, please call 1-888-377-8900 (toll-free), e-mail our attorneys, or submit our free case consultation form

Symptoms of Salmonella, which last from 24 hours to 12 days, include headache, muscle aches, diarrhea, vomiting, rumblings in the bowels, chills, fever, nausea and dehydration. Symptoms usually appear 6 hours to 72 hours after ingestion.

Cereal Recall and Salmonella Agona Cases

A cereal recall has been linked to Salmonella Agona cases in California, Colorado, Delaware, Maine, Massachusetts, Minnesota, North Dakota, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont.  The cereal, puffed rice and puffed wheat, was recalled by Malt-O-Meal Company on April 5, 2008, and involved the following brands: Malt-O-Meal, Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw’s, ShopRite, Tops and Weis Quality. Read more information about the Malt-O-Meal recall.

The CDC, FDA and state health departments are investigating the Salmonella Agona outbreak.  The investigation includes interviews of persons with Salmonella Agona infections and comparison of the DNA fingerprints suggests that cereal from Malt-O-Meal unsweetened Puffed Rice Cereals and unsweetened Puffed Wheat Cereals is likely related to these illnesses.

The FDA issued a news release today that stated that 23 people in 14 states have been diagnosed with salmonellosis that was caused by the same strain of Salmonella that was found in the recently recalled unsweetened Puffed Rice and unsweetened Puffed Wheat Cereals produced by Malt-O-Meal.

The recalled cereal products were distributed nationally under the Malt-O-Meal brand name as well as under private label brands including Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw's, ShopRite, Tops and Weis Quality. The cereals have "Best If Used By" dates from April 8, 2008 (coded as "APR0808") through March 18, 2009 (coded as "MAR1809").

Yesterday's CDC information on the Salmonella Agona outbreak linked to the cereal recall stated:

Health departments from 13 states identified 21 ill persons infected with Salmonella Agona with the same genetic fingerprint. Ill persons with the outbreak strain have been reported from California (1), Colorado (1), Delaware (1), Maine (3), Massachusetts (2), Minnesota (1), North Dakota (1), New Hampshire (2), New Jersey (3), New York (3), Pennsylvania (1), Rhode Island (1), and Vermont (1). Illness onset dates, which are known for 9 patients, ranged from January 22 to March 2, 2008. Their ages range from 1 to 95 years; 62% are female. Three hospitalizations and no deaths have been reported.

Investigation of the Salmonella Agona Outbreak Linked to the Malt-O-Meal Cereal Recall

According to the CDC:

On April 5, 2008 Malt-O-Meal Company initiated a recall after the company's routine food testing detected the presence of Salmonella on March 24, 2008 in a Minnesota plant that produces and packages dry cereals. Malt-O-Meal issued a recall of unsweetened Puffed Rice Cereals and unsweetened Puffed Wheat Cereals produced during the past 12 months at the plant in Minnesota. The recall products have "Best If Used By" dates of April 8, 2008 to March 18, 2009.

On April 7, 2008, PulseNet, the molecular subtyping network for foodborne disease surveillance, notified CDC's OutbreakNet Team of a cluster of human Salmonella Agona isolates with an indistinguishable PFGE pattern (outbreak pattern) in multiple states. On April 10, 2008, CDC was informed by several state health departments that patients infected with Salmonella Agona with the outbreak pattern had eaten Malt-O-Meal cereal products. On April 11, the Minnesota State Public Health Department confirmed that the Salmonella isolate isolated from the Minnesota plant was Salmonella Agona and had the same indistinguishable PFGE pattern as the isolates from ill humans. CDC, multiple state health departments, and FDA are working collaboratively to identify additional cases and determine the source and factors that contribute to this outbreak.

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Minnesota Salmonella Infection (Salmonellosis) Associated with Recalled Puffed Rice and Puffed Wheat Cereal Recalled by Malt-O-Meal

Minnesota health and agriculture officials are investigating cases of illness in Minnesota that may be linked to puffed rice and puffed wheat cereal involved  in a Malt-O-Meal recall. At least 21 cases of Salmonella agona have been identified as associated with the Malt-O-Meal recall involving several brands, including Malt-O-Meal, Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw’s, ShopRite, Tops and Weis Quality.

The Minnesota Department of Health (MDH) has identified one laboratory-confirmed case of Salmonella agona in the state that matches the genetic fingerprint of strain of Salmonella found in the cereal that was recalled April 5. 12 other state health departments have identified cases of the outbreak-strain of Salmonella agona.

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On April 5, the Malt-O-Meal company issued a recall due to Salmonella contamination of unsweetened Puffed Rice cereals and unsweetened Puffed Wheat Cereals produced during the past 12 months at its plant in Northfield. The recalled products have “Best If Used By” codes between April 8, 2008 (coded as APR0808) and March 18, 2009 (coded as MAR1809). Malt-O-Meal initiated the recall after its routine food safety testing detected the presence of Salmonella in a product produced on March 24. The recalled cereal was distributed nationally and marketed under the Malt-O-Meal label as well as a variety of private labels, including Malt-O-Meal, Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw's, ShopRite, Tops, and Weis Quality.

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New USDA Study Will Investigate Broader Range of E. Coli

At the public meeting held by the USDA’s Food Safety and Inspection Service, plans were announced to begin testing for non-O157 Shiga Toxin-Producing E. coli, or non-O157 STECs. The announcement comes in response to the growing amount of outbreaks associated with E. coli.  Although most dangerous outbreaks, especially among beef, are related to E. coli O157:H7, non-O157 STECs can pose just as many problems to the food industry. The USDA does not currently collect any data to track non-O157 STECs, so the testing will be done primarily to study the bacteria and collect as much data as possible.

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The new testing procedures will be done primarily for collecting data. As of now, the USDA does not plan on declaring non-O157 STECs as adulterants like O157:H7, but will use the data collected to determine that at a later date.  The USDA will test samples that tested positive for O157 and also those that did not.  No recalls will be issued by the USDA if a sample tests positive only for non-O157 STECs.

Samples will be tested for six different strains: 026, 0111, 0103, 0121, 045, and 0145. These strains have been shown to cause the greatest number of illnesses among non-O157 STECs.  If the USDA declares these strains as adulterants after collecting data, products contaminated with they will undergo the restrictions applied to O157:H7.  According to Meatingplace, the USDA has prepared the following checklist if non-O157 STECs are labeled as adulterants:

  • define applicable products from slaughter/dressing and further processing operations
  • issue a Federal Register Notice in the form of an interpretive rule
  • establish an effective date that ensures sufficient time to address seamless implementation for both domestic and imported products
  • issue compliance guidelines
  • issue policy implementation instructions and train FSIS inspection personnel
  • conduct outreach to the regulated industry

Foodconsumer.org provided information from FoodNet showing that the number of cases and incidence per 100,000 population in 2007 for non-O157 STECs were 260 per 100,000, or .57%.  The incidence for O157 STECs was 1.20%. However, CIDRAP has stated that states such as Virginia and Idaho (not part of FoodNet) have shown that the prevalence of non-O157 STECs is already equal or greater than the prevalence of O157:H7. This information provides raw numbers, showing that non-O157 STECs are almost as big, if not bigger, a problem as O157 STECs.

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A study on PubMed shows that even if non-O157 STECs aren’t as prevalent as O157, they may be just as dangerous.  After examining 940 non-O157 cases of human illness between 1983 and 2002, researchers discovered that the six strains the USDA will be focusing on are indeed the most prevalent in human illness. The data also showed that many of the bacteria were producing Shiga toxin 1 and Shiga toxin 2.  Shiga toxin 2 had a strong association with causing hemolytic uremic syndrome (HUS). According to the data, the 0111 strain caused the most cases of HUS and also caused 3 outbreaks reported in the United States.

Much of the danger associated with E. coli O157:H7 involves its ability to cause HUS, which can often be fatal.  Research shows that non-O157 STECs can also cause HUS, making them just as dangerous as O157:H7.  Non-O157 STECs also contained genes for intimin, which has been shown to increase the risk of bloody diarrhea.  These are serious symptoms, which pose a great health risk to consumers.  More research and the new plan from the USDA to test for these bacteria can only help to better understand illness rates and to better protect the American consumer.

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Tucson Restaurant Inspections Intensify after Report of Food Poisoning Associated with Food Spot Chinese Deli

Restaurants pose one of the greatest threats to spreading foodborne illness.  A single contamination in a restaurant can spread disease to multiple patrons.  It is therefore important that state health inspectors do their job to keep tabs on restaurants to make sure that there are no health code violations. Inspectors in Tucson, Arizona have been keeping tabs on two restaurants, according to KVOA.

Two customers reported contracting a foodborne illness after purchasing food from the Food Spot Chinese Deli in Tucson, causing the Arizona Department of Health to take a closer look into the deli’s practices.  The inspector found raw eggs stored about meat, which can cause cross-contamination of pathogens.  Other critical violations for the deli included storing potentially hazardous foods at the wrong temperature.  10 non-critical violations were also found, but the inspector could not pinpoint the source of the reported foodborne illness.  Nonetheless, the deli received a grade of “G” for good.

Another restaurant in Tucson with problems is the Cuvee World Bistro.  Inspectors found six critical violations, including cockroaches, a dirty dough machine, food stored at the wrong temperature, and cooked beef stored without an expiration date.  More than a dozen non-critical violations were also found. The owner of the bistro fixed all the violations on the spot and contacted a professional exterminator to deal with the cockroaches.  After inspection, the bistro received a “P” grade, a provisional license to operate.

Inspections are important for keeping restaurant owners honest about health regulations and to educate owners who may not otherwise know that their operating policies are not safe.

Bacteria That Eat Antibiotics

Startling new research contributes more information about the effectiveness of antibiotics to kill bacteria, specifically in livestock.  Researchers from Harvard were trying to find microbes that could be used to convert waste into biofuels when they discovered that bacteria covered in antibiotics were not only unaffected by the drugs, but actually consumed them.

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According to Discover, the researchers gathered 11 soil samples that had varying levels of man-made antibiotics to see if more drug-consuming bacteria could be found. They found that in all samples, bacteria, including Shigella and E. coli, existed that lived entirely off of the consumption of antibiotics. Some of the bacteria were thriving in conditions that contained more that 100 times the normal dose of antibiotics given to humans and more than 50 times the amount necessary to consider a bacterium resistant.

This research not only adds fuel to the fiery debate over the use of antibiotics, but suggests that bacteria resistance isn’t the only problem.  If bacteria actually eat the drugs and the genes from these bacteria spread into pathogenic bacteria, standard treatments could become entirely ineffective.

Bacteria Found to Combat Foodborne Illness

Researchers have discovered that some bacteria produce naturally occurring antibiotics that are effective in killing foodborne pathogens such as Listeria.  Interestingly, they discovered the bacteria can be found in foods such as Feta cheese made from raw milk in Greece and around the Mediterranean.

According to EurekAlert,

“We were able to isolate lactic acid bacteria found in raw sheep milk from small farms in Macedonia, northern Greece. Several of these friendly bacteria naturally produce antibiotics that killed off dangerous food-poisoning bacteria like Listeria,” says Panagiotis Chanos, a researcher from the University of Lincoln. “Interestingly, we identified these friendly bacteria as enterococci, more commonly recognised as virulent and/or antibiotic resistant bacteria in hospitals. We found some strains could produce up to three different natural substances to fight different food pathogens.”

The enterococci often give Mediterranean cheeses their distinct tastes, but can also live at extreme temperatures like Listeria.  The enterococci produce bacteriocins which help kill pathogens. The researchers are hoping that they can utilize these friendly bacteria to replace artificial additives in foods as an organic way of protecting against foodborne illness.

The History of Cantaloupe and Salmonella

The nationwide outbreak of Salmonella Litchfield has sickened at least 50 people in 16 different states, leading to ban of imported cantaloupe from Honduras, the product implicated in the outbreak. The cantaloupe in this outbreak has been traced back to its producer in Honduras, Agropecuaria Montelibano.  Shippers and distributors of the product have recalled the cantaloupe, including Dole (Dole cantaloupe recall) and Chiquita (Chiquita cantaloupe recall). The same cantaloupe has led to an outbreak in Canada as well.

An outbreak of this scale is not new to cantaloupe. Multiple outbreaks in the past have linked various Salmonella contaminations to cantaloupe. In this decade alone, there were 47 cases in a 2000 outbreak, 50 cases in 2001, and 58 cases in 2002, all involving cantaloupe contaminated with Salmonella. These cases were linked to S. Poona, possibly through water contaminated by reptiles that carry the rare serotype.  All the melons involved were from Mexico, which spurred a banning of cantaloupe from the Mexican farm that produced the melons.

2006 saw an outbreak of S. Oranienburg in the Northeastern region of the United States and parts of Canada, affecting 41 individuals. From 1973-2003, 11 outbreaks of Salmonella in cantaloupe were reported to the CDC. There are many other documented outbreaks in cantaloupe, including the following:

  • 2001 – Salmonella Poona, 46 cases (including 2 deaths) in 14 states
  • 2000 - Salmonella Poona, 43 cases in 7 states
  • 1998 - Salmonella Oranienburg, 22 cases in Ontario, Canada
  • 1997 - Salmonella Saphra, 24 cases in California
  • 1991 - Salmonella Poona, >400 cases in 23 states and Canada
  • 1990 - Salmonella Chester, 245 cases in 30 states

Cantaloupe and Salmonella have a long history together in causing massive outbreaks in the United States in Canada.  The CDC and FDA are well aware of the dangers associated with cantaloupe, but history seems to repeat itself over and over again.  2005 research addressed the three outbreaks from 2000-2002 to discover why Salmonella seems so attracted to cantaloupe.  The research showed that the Salmonella bacteria form what is called a “biofilm” which are colonies of the bacteria that covered in polymers.  Most sanitizers are ineffective at getting rid of the biofilm from the cantaloupe surface, especially water-based sanitizers.

Even if Agropecuaria Montelibano had washed the cantaloupe, there is still a very good chance that biofilms of Salmonella were still present on the cantaloupe surface.  Even after purchase of the melons and washing them in water, cutting into the melon could easily have spread the bacteria into the fruit that was on the surface.

Honduran President Manuel Zelaya ate a cantaloupe on public television as a display of his confidence in the safety of his country’s fruit.  The urge for U.S. consumers not to eat Honduran fruit has led to the laying off of almost 2000 workers and criticism that the warning from the FDA is tied to President Zelaya’s close relationship with Venezuelan President Hugo Chavez.  These allegations have been denied.

No matter what the motivations for the recall are, it is important that consumers are informed of the risks associated with the product. This outbreak is just another on a long list of cantaloupe-related Salmonella outbreaks.  Perhaps this outbreak will lead to more research so that cantaloupe outbreaks can be prevented in the future.

Click here to learn more about the current Salmonella Litchfield outbreak.

All information in this article was compiled using the following links:

http://www.ars.usda.gov/research/publications/publications.htm?SEQ_NO_115=172325

http://www.ncbi.nlm.nih.gov/pubmed/15083723

http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5146a2.htm

http://www.cdc.gov/enterics/publications/439-Olson2007.pdf

http://www.fda.gov/bbs/topics/NEWS/2008/NEW01808.html

Researchers Study Link between Flies and Salmonella Infection

Microbiologist Peter S. Holt and entomologist Christopher J. Geden, both scientists with ARS, have been studying whether or not flies infected with Salmonella can pass on the Salmonella to chickens.

The first step was studying whether infected hens could infect flies with Salmonella. 

“We found that about half the house flies became colonized with Salmonella soon after emergence,” says Holt. The bacteria were detected in and on 45-50 percent of the flies within the first 48 hours, and levels remained at 50 percent or higher for the following 5 days.

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The next stage of research involved exposing uninfected hens to the infected flies:

They found that just being around the contaminated flies didn’t cause healthy birds to become infected, but eating infected flies did. And though the studies showed minimal bacterial contamination of the hens’ crops, intestinal colonization occurred in about 38 percent of the birds by days 6 and 13 of the experiment. The crop is a small sack in the digestive system that stores predigested food.

“We found that simple physical contact may not be the primary method of transfer of Salmonella bacteria to different surfaces in a poultry house,” says Holt. “But a hen’s eating of contaminated flies does seem to be the primary mechanism of transmission of Salmonella from flies to birds.”

Holt has shown that flies in poultry houses are not only a nuisance, but also a threat to the safety of poultry products. “Though there is much more to learn about the relationship between Salmonella, flies, and poultry, this research shows that growers need to pay special attention to fly control using methods of surveillance and treatment that are already available,” says Holt.

Quotations and information for this post from "SHOO FLY! Role of House Flies in Spreading Salmonella in Poultry," which was published in the March 2008 issue of Agricultural Research magazine.

Arizona Salmonella Outbreak Associated with Hospice of Yuma Event

An Arizona State Health Department report confirmed that cases of Salmonella in Yuma County were caused by beef tri-tip served at the Hospice of Yuma roping roundup, barbecue and western dance at the Yuma County Fairgrounds on February 2. According to the report, 2,100 pounds of the beef tri-tip were cooked at the event

The investigation by the Arizona Department of Health Services showed that 2,100 pounds of beef were cooked at the event and that 30 pounds of leftover meat were later donated to Crossroads Mission.

State health investigators found the outbreak strain of Salmonella on a meat slicer that Crossroads had submitted for testing.

19 people tested positive for Salmonella after eating the beef tri-tip either at the Hospice of Yuma event or at the Crossroads Mission between February 2-9, 2008.

According to the Arizona report, seven people were hospitalized due to the outbreak, but there were no fatalities.

USDA Considering Withholding Recall Information

In the wake of the country’s largest ground beef recall in history, the USDA is considering applying a new rule to inform consumers of retailers which supplied recalled products.  This rule, however, would only cover Class I recalls, or those which the USDA considers most dangerous.  The Hallmark/Westland beef recall of 143 million pounds of ground beef shows the issues associated with this new rule. The recall was considered a Class II recall, and would not have fallen under the rule, so that consumers would not have known where the beef was supplied.

Hallmark/Westland, however, is a California-based company, falling under California jurisdiction, a state which releases a list of retailers in all recalls. Consumers could find information through the state of California and its nearly 150 page list of retailers.  Because the recall involved ground beef, it is almost impossible for consumers to determine whether or not their purchases are part of recall due to repackaging at retailers.  When the USDA and FSIS release a recall, they often give information on where the recalled product was manufactured, but with the ground beef, the consumer is still completely in the dark.  This means that if this new rule is passed, and there is another recall like Hallmark/Westland, but not in the state of California, consumers would have no idea whether or not they were purchasing recalled beef.

Food industry groups believe that expanding the rule, or even including the rule as it is would negatively affect the market for competitive reasons. If retailer information was public knowledge, competitors would know which retailers to approach with better prices.  Without the rule, the food industry could go on as normal at the cost of withholding vital information of foodborne illness from the American public. Dr. Richard Raymond, USDA undersecretary for food safety, believes that is important for consumers to have as much information about recalls as possible.

According to Time,

In an interview this week Raymond said that it was "common sense to assume" that some consumers may have fallen ill because they didn't have access to names of retailers selling tainted meat. But he disputed the suggestion that industry opposition — expressed in written and public comments, meetings with the White House Office of Management and Budget, and other venues — has stalled the rule.

Recall information is one of the most important ways to ensure the health and safety of consumers. Giving retailer information in Class I recalls is most definitely a fantastic start, but limiting it only to those recalls would mean an absence of knowledge in some of the largest recalls issued, such as the Hallmark/Westland recall.  The food industry may not like having all the information public knowledge, but the information would greatly improve public health and perhaps spur greater care for quality products on the manufacturer’s part.

FSIS Will Hold Meeting to Discuss E. Coli

In order to address the increasing prevalence of E. coli 0157:H7 in the nation’s food supply, the USDA’s FSIS has announced plans to hold a public meeting to discuss recalls and illnesses related to the deadly E. coli strain. The meeting will be held on April 9 and 10, and will include FSIS and CDC officials, legal representatives, and representatives from the food industry and consumer groups.

"The last significant positive changes in the reduction of foodborne illness and positive product tests attributed to E. coli O157:H7 occurred early in this decade but we have since hit a plateau. It is time for another series of bold, strong moves based on knowledge and science to produce further significant reductions in illnesses attributed to the products we regulate," said Under Secretary for Food Safety Dr. Richard Raymond. "We aim to prevent and not just respond to illnesses, and consumers, industry and our public health partners are critical partners in our long term strategy and we look forward to our continuing collaborative relationship to ensure food safety."

Not only will the meeting discuss the challenges associated with E. coli 0157:H7, but also non-0157:H7 Shiga Toxin-Producing E. coli (STEC).  Discussions will be held to provide an aim for regulating STEC in products under USDA jurisdiction. The meeting will focus on the 0157:H7 strain as it relates primarily to beef products, due to the increased number of beef recalls because of the bacteria.  FSIS will also discuss a checklist of beef suppliers in order to improve inspection procedures to catch contamination before it reaches the level of a massive recall.

Meeting participants and panelists will represent government, industry, academia and other constituencies to discuss research progress and potential solutions for moving forward in controlling E. coli O157:H7. There will be multiple opportunities for public comment and questions on both
days.

Salmonella Food Poisoning and HIV

Salmonella infection is never pleasant, but for most healthy people who are exposed to the bacteria suffer from gastroenteritis and recover.  For patients with AIDS, however, the same bacteria that result in uncomfortable food poisoning for most is often fatal.  Scientists from the UC Davis Medical School have discovered what mechanisms the HIV virus uses that allow for the lethal aspects of Salmonella.

According to Science Daily,

The results of the study, which will be published online by Nature Medicine March 23, revealed that viral infection of the intestine results in the depletion of a type of white blood cell, called Th-17, in the gut mucosa. This T helper lymphocyte produces IL-17, a cytokine or chemical messenger that plays a crucial role in the inflammatory response, recruiting other immune system cells to the site of infection.

In healthy patients, the bacterial infection is defeated in the gut, but with AIDS patients, this battle is lost and the infection spreads into the bloodstream.  When the Salmonella spreads to the bloodstream, it is known as NTS bacteremia.

The scientist tested their theory by examining rhesus macaques infected with simian immunodeficiency virus (SIV), a model for HIV.  The animals that were not infected with SIV were able to combat infection by producing Th-17 cells in huge amounts, whereas those with SIV were unable to do so.

The team of researchers also used mice that lacked the IL-17 receptor, an arm of the mucosal immune response, to confirm that IL-17 deficiency leads to increased systemic dissemination of Salmonella.

By narrowing down the mechanisms and pathways and understanding how Salmonella can become in fatal in the growing number of individuals who have AIDS, scientists will hopefully be able to curb the number of fatalities.  Future research will examine more specifically how healthy patients are able to get rid of Salmonella infection in the gut and apply what they learn to decrease the mortality rate from Salmonella poisoning in AIDS patients.

Report on FDA and Fresh Spinach Safety

This month, the United States House of Representatives Committee on Oversight and Government Reform issued a report on their investigation into the Food and Drug Administration’s efforts to protect the safety of packaged fresh spinach entitled, “FDA and Fresh Spinach Safety.” As part of the investigation, the committee requested and received inspection records for all FDA inspections of firms producing packaged fresh spinach from 2001 to 2007. The committee’s investigation of the FDA inspection records revealed the following:
  • Packaged fresh spinach facilities were inspected only once every 2.4 years, less than half of FDA’s stated goals.
  • FDA observed objectionable conditions during 47% of the packaged fresh spinach facility inspections.
  • Despite observing objectionable conditions in packaged fresh spinach facilities, FDA took no meaningful enforcement action.
  • FDA overlooked repeated violations.
  • FDA found repeated problems at multiple facilities operated by the firm implicated in the 2006 E. coli outbreak linked to fresh spinach but took no enforcement actions.
  • In eight cases, packaged fresh spinach facilities denied FDA inspectors access to records or other relevant material. In eight instances, facilities prevented FDA inspectors from conducting a full review of the food safety practices.
  • The scope of the FDA inspections appears too narrow to capture the sources of an E. coli outbreak.
According to these findings, FDA has at best a laissez-faire approach with regard to the fresh spinach industry.  The apparent lack of will on the part of the FDA to enforce the laws is disturbing and something additional funding and regulatory authority cannot alter.

FDA has chosen not to protect consumers from tainted spinach and other food products.  Congress therefore needs to establish a food safety regulatory agency that is responsible for the safety of all food products sold in the United States.  This new agency has to have the authority to take whatever measures are necessary to protect our food system from farm to fork.  This agency also needs to be protected from political influences so that a change of administration can't render the new agency ineffectual.

For more on "FDA and Fresh Spinach Safety," please see our website.

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Another Salmonella Litchfield Cantaloupe Recall Connected to Honduran Cantaloupe

Tropifresh, Inc. of Los Angeles, CA has recalled Agrolibano’s Produce Brand whole Cantaloupes because they may be contaminated with  Salmonella Litchfield.

Whole cantaloupe fruits subject to this recall carry a “Mike’s Melons” sticker or may be unlabeled because this sticker has fallen off. Whole cantaloupe subject to this recall were sold in approximately 1100 pound cardboard bin containers and were distributed to wholesalers in Southern California, Pennsylvania and Canada.

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No illnesses have been reported to Tropifresh, Inc. to date.  However, the recalled Tropifresh cantaloupe was supplied by Agropecuaria Montelibano, a Honduran grower and packer, to Tropifresh. This recall was initiated when the FDA  issued an import alert regarding cantaloupe from Agropecuaria Montelibano, because, based on current information, fruit from this company appears to be associated with a Salmonella Litchfield outbreak in the United States and Canada.  There are 50 laboratory-confirmed Salmonella Litchfield cases in the United States.  According to the CDC  the following states have reported laboratory-confirmed cases of Salmonella Litchfield:

Arizona (1 person), California (10), Colorado (1), Georgia (2), Illinois (1), Missouri (1), New Jersey (2), New Mexico (1), New York (5), Ohio (1), Oklahoma (2), Oregon (5), Tennessee (1), Utah (5), Washington (9), and Wisconsin (3).

We have been contacted by persons who were sickened in the Salmonella outbreak associated with Honduran cantaloupe grown and packed by Agropecuaria Montelibano.  For more information, please contact attorney Fred Pritzker toll-free at 1-888-377-8900 or email Fred.

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Honduras Cantaloupe Recall

There is now a nationwide recall of cantaloupe grown, packed and shipped by Agropecuaria Montelibano of Honduras.  Central American Produce, Inc. of Pompano Beach, FL announced the voluntary recall earlier today. The recalled Honduras cantaloupe was distributed nationwide and Canada. Based on findings of an investigation conducted by state health agencies, FDA and CDC,  the cantaloupe grown, packed and shipped from Agropecuaria Montelibano appears to be associated with a Salmonella Litchfield outbreak in the United States and Canada.

The FDA advises that U.S. grocers, food service operators and produce processors remove from their stock any cantaloupes grown, packed and shipped from Agropecuaria Montelibano. The FDA also advises consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from this specific grower and packer. If so, consumers should throw away the cantaloupes, unless someone has been sickened by the recalled cantaloupe.  If someone has been sickened, they should contact a lawyer before discarding the recalled cantaloupe.

The cantaloupes were distributed for sale in medium brown cardboard cartons with the brands “Mikes Melons” or “Mayan Pride” all showing “PRODUCE OF HONDURAS” printed on each of the four side panels of the carton. The address of the shipper appears on one end panel of the carton as follows:

GROWN, PACKED AND SHIPPED BY:
AGROPECUARIA MONTELIBANO
SAN LORENZO, VALLE, HONDURAS

There are other firms that are involved in this recall using other labels of the same grower, including Mikes Melons. The FDA is taking this preventive measure while the agency continues to investigate this outbreak in cooperation with the Centers for Disease Control and Prevention and state partners.

NIH Grant for Researching New Antibiotics

Widespread problems of Salmonella and E. coli 0157:H7 are not only rooted in food safety.  There have also been issues lately with the treatment of infections due to these and other pathogens. More and more strains are becoming resistant to traditional antibiotics, bringing the need for new drugs and treatments to the forefront of the issue.  The National Institutes of Health has awarded the University of Texas Southwestern a $6.5 million grant to explore new treatments to combat a variety of pathogens.

Current antibiotics are developed to attack the process of DNA replication in bacteria, or protein synthesis, or cell wall synthesis.  UT Southwestern is researching another area.

“We are investigating a new target area in bacteria that appears to be vulnerable to a small molecule that has never before been used as a drug,” said Dr. Vanessa Sperandio, associate professor of microbiology and principal investigator on the new grant. “The drug compound has shown promise in fighting at least three different bacterial species including Salmonella, E. coli and Francisella tularensis, which causes tularemia.”

Sperandio also says that the five-year grant will allow her research to be ready at the preclinical level.  Early tests have been positive, but only further research will determine if the treatment can be used to treat human disease.  The research focuses on how bacteria like E. coli communicate biochemically inside the body, especially among good and bad strains for human health.  The research also targets any signals E. coli 0157:H7 sends that would trigger disease.

Salmonella Litchfield Cases in Washington Linked to Cantaloupe

According to the Washington State Department of Health,cantaloupe from Honduras grown by Agropecuaria Montelibano has been implicated in dozens of Salmonella Litchfield illnesses across 16 states, including nine cases of salmonellosis in Washington.

The outbreak of Salmonella Litchfield illnesses has affected families in King, Lewis, Thurston, Pierce, and Spokane counties. Five of the nine Washington cases were hospitalized. There have been no deaths reported associated with the outbreak.

cantaloupe-salmonella-poiso.jpgThe FDA issued an import alert on Saturday for Agropecuaria Montelibano brand cantaloupe.  Although FDA recommended retailers and others not to sell this Honduran brand of cantaloupe, consumers should be wary and ask if the cantaloupe is this Honduran brand.  If you have cantaloupe at home and are not sure if it is this brand that may be contaminated with Salmonella Litchfield, contact the store where you purchased it.

The Washington State Department of Health is recommending:

Anyone that has cantaloupe under that brand name should not eat it; if it’s not possible to identify the brand or determine if it came from Honduras, cantaloupe should be thrown away.

It is thought that most melon contamination is on the rind and is transferred to the inside when a knife cuts through it. The state Department of Health recommends scrubbing the rinds of melons before cutting them up to eat. Rinse the rind with cool water and scrub the outside. Melon that has been cut-up should not be left at room temperature for more than two hours. Cantaloupe and other melons can grow bacteria on cut surfaces, so the cut melon should always be refrigerated and kept cool.

Symptoms of Salmonella Litchfield illness (salmonelllosis) include severe diarrhea, bloody diarrhea, fever, chills, abdominal discomfort, and occasionally vomiting. The symptoms generally appear one to three days after exposure. Salmonellosis can be very serious for the young or elderly. Anyone with serious symptoms should consult a health care provider.

The Most Dangerous States For Foodborne Illness

The Centers for Disease Control and Prevention keep track of all outbreaks of foodborne illnesses in the country. The CDC defines an outbreak as two or more people becoming ill from the same food acquired at the same establishments. HealthInspections.com analyzed all of the outbreak information from the CDC and concluded that the five worst states in terms of number of outbreaks in 2006 are:

  1. Florida- 74 outbreaks
  2. California- 69 outbreaks
  3. Minnesota- 55 outbreaks
  4. Ohio- 54 outbreaks
  5. New York- 50 outbreaks

Florida has topped the nation with number of outbreaks for the past three years. According to the data, hotels and restaurants seem to be the leading cause of outbreak in the state. One restaurant in particular, Coconuts on the Beach of a Hilton resort, was found to violate numerous health code violations. According to HealthInspections.com,

83 people got sick at the upscale Hilton resort on Singer Island near West Palm Beach. They were hit with Norovirus, a highly contagious stomach bug that causes vomiting and diarrhea.

Just two days after customers began getting sick, a health inspector cited Coconuts for allowing an employee with some type of infection to continue working. The law requires that sick food workers must be sent home.

The restaurant fared poorly on previous inspections as well, having been cited for 36 violations including employees not washing or changing dirty gloves, cleaning with dirty cloths, and dirty ice machines and soft drink nozzles. The poor record at hotels and restaurants would seem to be a serious issue for a state that depends on its tourism, but the Florida Restaurant and Hotel Association maintains that conditions are improving.

Florida, however, is not the only state with problems. California has consistently been second worse in numbers of outbreaks. San Diego County alone has seen a 43% increase in confirmed cases of restaurant food poisonings over the past three years. Minnesota has a poor record as well, leading the nation in most cases of Norovirus. Experts cite the lack of enforcement in the state and the inability of the public to access inspection reports online.

The report also designated what types of food were likely to lead to illness in each state.

Florida:          Seafood, Ethnic Foods, Lettuce-based Salads

California:      Seafood, Chicken, Ethnic Foods, Lettuce-based Salads

Minnesota:     Seafood, Lettuce-based Salads, Deli Sandwiches

Ohio:              Lettuce-based Salads, Chicken

New York:     Seafood, Lettuce-based Salads 

Overall, the problems in food safety cannot be pinpointed to a single source, but keeping states accountable for their records and informing the public of violations can help promote safer food for all.

Texas Concludes Investigation into Illnesses

The Texas Department of State Health Services has finished its investigation of six gastrointestinal illnesses that occurred in the Bastrop area the first week of March and reports finding no common source of infection, no additional matching illnesses and no evidence of a continuing health threat.

DSHS laboratory tests of samples from the six cases did not detect a toxin, virus or bacterium that could have caused the illnesses.

On March 7, after being notified of the six illnesses, DSHS issued a health alert advising anyone in the area with severe diarrhea to seek medical attention.

Initial testing by a private laboratory had indicated shiga toxin as the cause of the illnesses. But subsequent tests by the commercial lab and by the DSHS laboratory in Austin were negative for the toxin, which can be produced by several types of bacteria.

Samples have been sent to a U.S. Centers for Disease Control and Prevention laboratory to see if more advanced testing can identify an organism. DSHS testing can detect live organisms. The CDC test can detect remnants of a dead organism.

Results of the CDC tests are not expected for several weeks.

Conference Analyzes Produce Outbreaks

The 2008 International Conference on Emerging Infectious Diseases discussed the growing number of foodborne illnesses related to vegetables, mainly leafy greens. It has been thought that the increase of leafy greens in the average American’s diet has led to the increase in disease related to those foods; however, data analyzed at the conference suggests something entirely different.

Baby-Spinach.jpgMichael Lynch of the Centers for Disease Control and Prevention (CDC), said, according to EurekAlert!,

“During the 1986-1995 period U.S. leafy green consumption increased 17% from the previous decade. During the same period, the proportion of all foodborne disease outbreaks due to leafy greens increased 60%. Likewise during 1996-2005 leafy green consumption increased 9% and leafy green-associated outbreaks increased 39%,” says Lynch.

Outbreaks recently have been located in E. coli contaminated spinach and lettuce and other various greens. Only 9% of all outbreaks related to leafy were greens, however, were due to E. coliSalmonella was responsible for 10% of outbreaks, but the major contributor, norovirus, accounted for 60% of leafy green outbreaks.

Although the data shows that the increase of foodborne outbreaks related to leafy greens is not caused solely by the increased consumption of that type of food, researchers and officials still cannot account for the increase.

“The proportion of outbreaks due to leafy greens has increased beyond what can be explained by increased consumption. Contamination can occur anywhere along the chain from the farm to the table. Efforts by local, state and federal agencies to control leafy green outbreaks should span from the point of harvest to the point of preparation,” says Lynch.

Listeria Contamination in Pennsylvania Raw Milk

The Pennsylvania Department of Agriculture has warned consumers to discard raw milk purchased from Fisher’s Dairy Farm in Portersville, PA due to a high risk of Listeria monocytogenes contamination. The dairy’s permit to sell raw milk was revoked in 2006, but state inspectors purchased raw milk from the dairy on March 6. Samples taken from the milk tested positive for Listeria four days later. Symptoms related to Listeria can be quite severe, resulting in death and miscarriage. No illnesses have been reported in this case.

Reserch Identifies Most Dangerous and Prevalent E. Coli Strains

Recent outbreaks associated with a deadly form of the E. coli bacteria, known as the 0157:H7 strain, have made researchers wonder how the bacteria are evolving. A 2006 outbreak linked to contaminated spinach caused the removal of fresh produce from store shelves nationwide. Hundreds were sickened, three were killed, and scientists have noted the trend of the greater risk of serious E. coli outbreaks.

As reported by ABC7,

"The disease has gotten much worse than it was, with a much greater fraction of people having to go to hospital and a much greater fraction of people that are seriously infected with the toxin," says Thomas Whittam PhD. of Michigan State University.

Whittam’s research used new technology to quickly identify different strains of the deadly bacteria and to group them into eight different groups. The research showed that group eight is the most dangerous and is also becoming much more prevalent, appearing twice as much as it did two years ago.

"It's either added some of its ability to rapidly spread into human sources, or it's acquired something that causes it to be more serious once it infects humans."

The technology used in the research could be used to more quickly identify bacteria linked to outbreak and help reduce the spread of illness. The research focused on bacteria samples from outbreak victims, but Whittam’s future research will include a survey of food sources to gain a greater understanding of how dangerous pathogens are entering the food supply.

Shiga Toxin Sickens Five, Kills Child

We contacted the Texas Department of State Health Services for any updates on the illnesses caused by a shiga toxin.  Six people, including three children, were sickened. One of the children died.

foodsafetylab.jpgDoug McBride, spokesperson for the Texas Department of State Health Services, told us that there have been no additional cases reported.  He also said that the department is waiting for test results to determine if the bacteria involved is E. coli or Shigella

The symptoms due to this toxin include severe or bloody diarrhea and abdominal cramps, usually showing up one to nine days after exposure to the bacteria.  Anyone experiencing these symptoms should immediately seek medical attention.

Flying Tortilla Associated with Salmonella Outbreak

According to an Associated Press story in the Las Cruces Sun-News, 4 cases of Salmonella have been associated with the Flying Tortilla, a Santa Fe, New Mexico, restaurant.  The four people ate at the Flying Tortilla in Santa Fe from mid-January to mid-February, 2008.

tacos-ecoli.jpg

Restaurants are liable for illness caused by the food they prepare.  This means that people who are sickened by restaurant food can seek compensation from the restaurant for medical expenses, lost earnings, pain and suffering and other damages.  We have recently settled a Salmonella case involving a restaurant.  In that case, the food source was never pinpointed.  If you have a question about restaurant liability, please contact us toll-free at 1-888-377-8900.

Hallmark/Westland Worker Jailed

Luis Sanchez, a worker from Hallmark/Westland, who was seen in the video released by the Humane Society of the United States using an electric prod on cattle, is in jail and wondering why his superiors are free men.  According to Sanchez, he was only following orders and was shown how to use a forklift to move “downer” cattle to slaughter.  

As quoted in USA Today,

"That's how I was taught. He [his superior] taught me to do the work. I didn't know it was a serious crime.”

Daniel Ugarte Navarro, Sanchez’s former boss, has been charged with five felony counts of animal abuse and three misdemeanor counts of illegal handling of “downer” cattle.  He has pleaded guilty to all charges. Sanchez maintains that it is unjust how he is being detained while Navarro and other of his former superiors have not been incarcerated. Sanchez was originally detained on immigration charges because of his status as an illegal immigrant.  He is being charged for animal cruelty, along with two unrelated charges in drug cases.

FDA shuts down Castelberry's

The FDA has suspended the temporary permit assigned to Castleberry’s Food Company.  The plant had to stop operations in the summer of 2007 when cans of chili produced at the plant were found to contain the bacteria that leads to botulism.  The FDA suspended the temporary emergency operating permit given to Castleberry’s, forcing the plant to shut down entirely, according to NBC Augusta.  There has been no information released when the plant will reopen, if at all.

Hallmark/Westland and the Danger of BSE

When an undercover videographer from the Humane Society caught workers at the Hallmark/Westland Meat Packing Co. using forklifts and other inhumane practices to send cattle to slaughter, the attention of the American public was outraged and led to the largest recall of beef in United States history.  The USDA recall was based on the inhumane practices of the company and the violation of the “Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle” rule.

The recall affected more than 140 million pounds of beef, a large portion of which was used in the National School Lunch program.  To recall such a large number of products and to ensure the safety of the nation’s children must surely have been grounded due to some major risk factor. Although inhumane treatment of animals is an egregious act, no known diseases or risk factors are connected with it.  However, the introduction of non-ambulatory cattle into the food supply poses a very significant health risk.

Non-ambulatory cattle, or “downer” cattle, are those which for some biological or other reason cannot stand.  The USDA prohibits the slaughter of these cattle for use in the food supply due to their correlation with Bovine Spongiform Encephalopathy (BSE), more commonly known as “mad cow disease.”  It has been shown that most cattle that have BSE are non-ambulatory, so it is thought that by restricting the slaughter of non-ambulatory cattle, BSE will be prevented from entering the food supply.

The prevalence of BSE, however, is quite rare in the United States.  The USDA test around 40,000 cattle a year for the disease, and so far only a handful have been detected.  The USDA even tests more cattle than suggested by the World Animal Health Organization. Since BSE has been tracked, more than 95% cases have been in the United Kingdom.  If the disease is so rare in America, why go to all the trouble of protecting the food supply?  Why is BSE so dangerous?

BSE is a prion disease, in the same category as scrapie in goats, and Creutzfeld-Jacob disease in humans.  BSE in humans is also thought as a variant version of Creutzfeld-Jacob disease.  A prion is not a typical virus, in fact it is not a virus at all.  A prion is an infectious protein in the brain that affects normal proteins in the brain. The normal version of the protein, PrPc, is found on the surface of neurons and is involved in synaptic functioning.  The prion is a modified version of PrPc known as PrPsc. When PrPsc comes in contact with the normal PrPc protein, the prion refolds the normal protein, turning the normal protein into a prion.

Since prions are found in the brains of cattle, meat that has been separated from the head should not contain any prions. However, certain practices that vaporize brain matter may cause the spread of the infectious proteins.  The only way for prions to spread to humans is through consuming the prions.  The human version of mad cow disease is characterized by a loss of motor control, dementia, paralysis, and pneumonia, followed by death.  There is no way to treat mad cow disease in either cattle or humans, and it is always fatal.

Therefore, preventing the spread of BSE is very important. The only way to detect BSE in cattle is through an autopsy, with no way to test live animals.  However, with the correlation to non-ambulatory cattle, the USDA has set up measures to protect against BSE.  By restricting the slaughter of non-ambulatory cattle and by prohibiting the contamination of meat with specific risk materials (such as brain matter), the USDA hopes to keep the prevalence of BSE in the United States low.

Much scientific research is being devoted to understanding BSE and other prion diseases. There is still much to know about how the infectious proteins change normal proteins and how to detect the disease in live animals. New technology is being developed to have a reliable blood test for live animals and humans alike.  A new study by Harold G. Craighead describes a device called a nanomechanical resonator array.  The device detects the binding of prions in the brain and could lead to a reliable test for detecting BSE.

The dangers of BSE and the inhumane practices of Hallmark/Westland have brought many issues to light in the world of food safety.  The USDA has taken a strong stance against the company by announcing the largest recall to date, and hopefully will do nothing but strengthen their policies for preventing the transmission of BSE to humans.  The recall has also sparked interest into the area of prion research, and only more research and development will help to prevent this dangerous disease in the future.

All information in this article was found from the following sites:

http://www.aphis.usda.gov/publications/animal_health/content/printable_version/BSEbrochure12-2006.pdf

http://www.fsis.usda.gov/PDF/HallmarkWestland_QAs.pdf

http://www.fsis.usda.gov/PDF/Recall_005-2008_Release.pdf

http://www.microbiologybytes.com/virology/Prions.html

http://www.sciencedaily.com/releases/2008/03/080303093549.htm

Listeria Causes Recall by Three Companies

chicken-recall-listeria.jpg

The contamination of Discover Cuisine Red Curry Chicken & Jasmine Rice due to Listeria has led to recalls by three major companies.  Costco Wholesale is recalling 10,368 pounds of the frozen entrees, Inovata Foods is recalling 3,780 pounds, and Meijer Distribution Center is recalling 2,184 pounds.

All of the recalled products contain the following information:

12-ounce packages of “Discover Cuisine Red Curry Chicken & Jasmine Rice.” Each package bears the Canadian establishment number “Est. 302” inside the Canadian Food Inspection Agency mark of inspection as well as a “Best By” date of “12 18 08.”

California Releases List of Business Selling Recalled Halamark Beef

The 143 million pounds of ground beef recalled by Hallmark/Westland was produced over the past two years and could have ended up in a variety of different places, including the School Lunch Program.  According to Meatingplace.com, the California Department of Public Health listed around 3,000 restaurants and business that may have received the recalled beef in a 120 page report.

Food distributors gave officials entire lists of customers and the report also named specific products that may have been contaminated and have been recalled by companies such as ConAgra Foods, Kirkland, General Mills, Nestle, and Richwood Meat.  Federal rules do not allow the listing of specific business that sell recalled products, but the State of California does.  Consumers and legislators have been working to release a list like that in California to a nationwide audience.  No illnesses have been reported due to the recall.

The list released by the California Department of Public Health can be found at www.cdph.ca.gov.

Hallmark Recall Reveals Faults in System

The Hallmark/Westland ground beef recall, largest in U.S. history, revolves around the failure of the company to abide by federal regulations and the failure of federal inspectors to catch the violations earlier.  The recall questions the effectiveness of our nation’s food safety policies and whether or not they need to be improved or altogether changed.

According to the Baltimore Sun,

"The video of the Hallmark plant is evidence of what can happen when packing plants are left to police themselves without the government oversight they need," said Trent Berhow, vice chairman of the National Joint Council of Food Inspection Locals, which represents 6,500 U.S. Department of Agriculture inspectors.

"When the company is in charge of creating their own records and doing their own food safety checks, they're not going to find problems themselves," he said.

The USDA currently has in place a variety of rules and regulations that establishments need to implement.  Much of this in slaughterhouses requires taking note of which areas of the plant are vulnerable for harboring disease, coming up with a plan to fix it, and then implementing the plan.  The majority of the responsibility lies with the company, while the government officials are in place to verify that actions are being done.

This system poses a huge problem when companies aren’t being honest about keeping up with federal regulations and when there aren’t enough inspectors to make sure everything is going according to plan. The government implemented stricter policies under the Bush administration, which have somewhat been effective. The beef industry maintains that the Hallmark case is unique and does not exemplify practices throughout the industry, but there are other opinions to be had.

"What happened out in California was a good example of a plant sneaking things by," said William G. Hughes, lawyer for the National Association of Federal Veterinarians, which has 950 members. "You have to have sufficient inspection staff to guarantee that nothing is going to go wrong."

"There's a lot of room for improvement, but I don't think there's a lot of alternatives," said Caroline Smith DeWaal, director of food safety at the Center for Science in the Public Interest. "The industry plays a vital role in ensuring the safety of its products, and the government's role should be to ensure that's done correctly."

Whether or not the food safety system needs a drastic retooling or just some strict improvements remains debatable. However, the Hallmark/Westland recall has brought the issue to the forefront of the American conscience and shows the dangers of a faulty system.

The Importance of Maintaining Safety Standards

Consumers do not want to worry about the safety of their food when ordering an entree at a restaurant.  In exchange for payment, the consumer expects a certain level of comfort knowing that the food being prepared is safe to eat.  But at times, eating establishments don’t always hold up their end of the bargain.

The Daily Titan examined the safety precautions around California State University Fullerton.  Establishments such as the Titan Student Union food court require hand washing and gloves, and follow all mandates from the Orange County health department. The food court also follows the advice of Environmental Health Services, which inspects food establishments in the area.

Another way to keep food establishments honest about food safety and to encourage safety is by reward. With rewards such as the Food Facility’s Award of Excellence, establishments are recognized for their effort to meet and exceed health and safety standards.

With the prevalence of foodborne illnesses in the products of today, it is important that food establishments abide by food safety regulations and do all they can to protect consumers from disease.  With money and other incentives, the food industry should be encouraged to hold up their end of the sales bargain.

Problems in School Lunch Program Go Beyond Hallmark/Westland

Hallmark/Westland Meat Packing, the target of the nation’s largest beef recall ever, has been especially disturbing due to their contract with the USDA to supply beef to the School Lunch Program.  It is concerning that the government has been letting unsafe products into our nation’s schools.  Although 143 million pounds of beef were recalled from Hallmark/Westland, The Wall Street Journal reports that School Lunch Program has been at risk for years.

The Government Accountability Office has cited multiple reports that go back to 2003 criticizing the USDA for poor food safety standards and choosing to buy products from establishments known to violate food safety standards. According to The Wall Street Journal,

In a 2003 report, the GAO, the investigative arm of Congress, said "195, or about 3%, of the total of 7,390 foodborne outbreaks that were reported nationwide, between 1990-99, occurred in schools." The GAO traced about half of 40 large outbreaks to poor sanitation in school kitchens.

school-lunch-program.jpg In the wake of the Hallmark/Westland recall, the beef industry has been asserting that the incident was unique and not representative of the industry as a whole.  However, the data suggests otherwise. Other officials also have reported that the USDA did not take proper precautions to prevent the purchase of meat contaminated with pathogens such as E. coli and Salmonella. The USDA also did not demand documentation from establishments to verify the quality of their products, some establishments did not even have any documentation to provide.  Contracts for the School Lunch Program were also awarded to establishments that the USDA knew had food safety problems, such as samples that had tested positive for E. coli.

However, the USDA’s Agricultural Marketing Service which is responsible for purchasing beef for government use maintains that their procedures are effective at protecting those who take advantage of government food programs. The AMS also maintains that testing procedures are strict and that AMS does all they can to purchase safe food. But the information from multiple reports and the recent Hallmark/Westland recall suggest there are many problems that need to be addressed to ensure the safety of the School Lunch Program’s beef.

FSIS Enacts Interim Actions to Prevent Inhumane Treatment

In response to the violation of the Humane Methods of Slaughter Act by the Hallmark/Westland Meat Packing Co., which led to the largest beef recall in United States history, FSIS has implemented new interim actions to address issues pertaining to humane handling at slaughterhouses.  All establishments that are inspected by FSIS will be affected by the following actions by FSIS:

  • Increase the amount of time allocated per shift by inspection program personnel to verify humane handling activities and to verify humane handling in the ante-mortem areas.
  • Conduct surveillance activities to observe the handling of animals outside the approved hours of operation from vantage points within and adjacent to the official premises.
  • Issue a notice to FSIS inspection personnel to reinforce the work methods for conducting humane handling verification activities at all levels and to ensure the greatest utility of the Humane Activities Tracking System (HATS) program.

Using a variety of criteria, FSIS will prioritize surveillance levels at establishments and will focus on establishments where older and distressed animals are slaughtered.  The HATS system will continue to be used to address humane handling issues at establishments and FSIS will also review the system to see if any changes need to be made. The goal is that increased inspection and doing more with the HATS system will prevent the inhumane handling of animals at slaughterhouses, protecting the nation’s food supply, and also saving the beef industry money from having to put out wide-scale recalls.

Alfalfa Sprouts May Be Contaminated with Salmonella

The California Department of Public Health has warned consumers not to eat alfalfa sprouts manufactured by Salad Cosmo and J.H. Caldwell and Sons due to possible Salmonella contamination.  Routine testing discovered the possible contamination and the companies have voluntarily recalled their products.

According to CDPH,

Salad Cosmo USA Corp. of Dixon, Calif., has recalled Salad Cosmo Alfalfa Sprouts distributed to retail stores, including SaveMart Supermarket and wholesale distributors throughout California and Washington.  

The Salad Cosmorecalled alfalfa sprouts are packaged in 2.5-ounce plastic containers with white and green labels and clear 1-pound bags with blue labeling.  Both packages are labeled Salad Cosmo Alfalfa Sprouts. The products have “Use By” codes: 0219, 0220, 0221, 0222, 0223, 0224, 0226, 0227, 0228, 0229, 0302 and 0303.  The codes are located on the front label of the 2.5-ounce packages and on the left side of the 1-pound bags near the product name.

J.H. Caldwell and Sons Inc. of Maywood, Calif., has recalled Always Fresh and Alfa One alfalfa sprouts distributed to wholesale distributors and retail grocery stores in California, including Beach Market, KV Mart and Superior Warehouse, and to Trader Joes grocery stores in California, Arizona, New Mexico, Nevada, Oregon and Washington.  

The J.H. Caldwell and Sons recalled alfalfa sprouts are labeled Always Fresh and Alfa One. The products are packaged in 4 ounce  and 5 ounce containers and in plastic bags.  The recalled product codes are 202182, 202192, 202202, 202212, 202222, 202232, 202242, 202252, 202262 and 202272.  The code is printed on the side of the containers and on the back of the plastic bag.

Alfalfa sprouts are especially dangerous when it comes to bacterial contamination because optimal conditions for growing the sprouts also allows for rapid bacterial growth. Because sprouts are also most often eaten raw, consumers are at greater risk to contracting infections from the bacteria, in this case Salmonella.  No illnesses have been reported due to these recalls.

Meijer Recalls Chicken Entrees

The USDA’s FSIS has announced the voluntarily recall of chicken entrees by Meijer Distribution Center of Grand Rapids, Michigan.  The recall involves approximately 2,184 pounds of the frozen entrees due to possible Listeria monocytogenes contamination. The recall is related to Costco Wholesale’s voluntarily recall of the same product.

The recalled product is described as follows:

12-ounce packages of “Discover Cuisine ™ Red Curry Chicken & Jasmine Rice.” Each package bears the Canadian establishment number “Est. 302” inside the Canadian Food Inspection Agency mark of inspection as well as a “Best By” date of “12 18 08.”

The entrees were produced on October 18, 2007 and were made available to distributors and retailers in Illinois, Indiana, Michigan, and Ohio. FSIS discovered the possible contamination through a microbiological sampling.

Consumption of food contaminated with Listeria monocytogenes can cause listeriosis, an uncommon but potentially fatal disease. Healthy people rarely contract listeriosis. However, listeriosis can cause high fever, severe headache, neck stiffness and nausea. Listeriosis can also cause miscarriages and stillbirths, as well as serious and sometimes fatal infections in those with weakened immune systems, such as infants, the elderly and persons with HIV infection or undergoing chemotherapy.

No illnesses have been reported due to this recall.

Costco Recall Involves Frozen Chicken Entrees Produced in October 2007

Costco Wholesale, a Washington firm, has recalled approximately 10,368 pounds of frozen chicken entrées that may be contaminated with Listeria monocytogenes, according to a U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) Costco recall announcement.

chicken-recall-listeria.jpg The following product is subject to recall:

Four-pack of 12-ounce packages of "Discover Cuisine ™ Red Curry Chicken & Jasmine Rice." Each package bears the Canadian establishment number "Est. 302" inside the Canadian Food Inspection Agency mark of inspection as well as a "Best By" date of "12 18 08." The item number "2880" also appears by the UPC code on the package.

The frozen chicken entrées were produced on Oct. 18, 2007, and were sent to retail establishments in Alaska, Idaho, Montana, Oregon, Utah and Washington.

The problem was discovered through FSIS microbiological sampling. FSIS has conducted a regulatory microbiological testing program on poultry products since 1983.
When FSIS analysis finds a positive sample, any product represented by that sample must be reprocessed or destroyed. If all product implicated by a positive laboratory result is not under the establishment's control, as in this case, then “steps must be taken by the producing establishment to remove adulterated product from distribution channels and/or commerce, which may entail a voluntary recall” (http://www.fsis.usda.gov/Science/Micro_Testing_RTE/index.asp).

Our question with regard to this recall and the related recall by Meijer Distribution Center, a Michigan firm, is why it over 4 months after the production of the recalled frozen chicken entries for the companies to voluntarily recall the products. Most of these products are conveniently already eaten.

E. Coli Patients Suffer from HUS

When referring to the dangers of E. coli infection, the potentially lethal 0157:H7 strain often creates the biggest clout because it can lead to a very dangerous condition called Hemolytic Uremic Sydrome (HUS).  HUS is characterized by damage and destruction of the red blood cells, which leads to a lower-than-normal number of red blood cells (a condition called anemia), blood clots, and damage to blood vessel walls. In the most severe cases, HUS can include damage to the kidneys, which can lead to failure of the kidneys (renal failure). Other complications that can accompany the illness are thrombocytopenia (platelet deficiency in the blood) and neurologic signs, including irritability and, very rarely, seizures.

21-year-old Stephanie Smith contracted an E. coli infection that developed into HUS after eating a bad burger.  She was placed under a medically induced coma, but has since awakened from it. A story and video of Stephanie’s story can be found at KARE 11.  She was recently released from St. Mary’s Hospital in Rochester, Minnesota.

Kevin Mendoza of New Mexico came down with E. coli poisoning a few weeks before the spinach E. coli outbreak in July 2006, although they aren’t sure from where he contracted the bacteria. Three days after being admitted to the University of New Mexico Hospital, he was diagnosed with HUS and his kidneys failed.

According to the Valencia County News Bulletin,

Things quickly cascaded from bad to worse — Kevin's lungs filled with fluid, he developed pancreatitis, he required blood transfusions and daily dialysis. "We didn't know when it was going to stop," his mother (Carolyn) remembers.

After five weeks of ups and downs, Kevin's kidneys began functioning again, but they are scared and damaged. "Most kids do recover, but with the scar tissue we have a long road ahead," Carolyn said. "We are probably looking at a transplant at some point. The doctors can't say when because they aren't sure what his body will do."

Kevin is again at home and recovering.  He and his family are also doing all they can to help the hospital any way that they can. They are currently working with 100.3 The Peak to host a radiothon to benefit the hospital and to tell his story of battling with HUS.

DuPont, USDA to Develop Better E. Coli Test

According to CNN, DuPont & Co. will be working with the USDA’s Agricultural Research Service (ARS) to develop a new test to detect the potentially lethal E. coli 0157:H7 bacteria. The research team will work at the U.S. Meat Animal Research Center (USMARC) in Clay Center, Nebraska.

More than 30 million pounds of ground beef were recalled last year due to E. coli 0157:H7 and the research will use the Qaulicon BAX system to test for the bacteria.  The system is already used to detect fooborne pathogens such as E. coli, Salmonella, and Listeria, among others.

According to the DuPont website,

“We are committed to providing the meat industry with testing applications that use the best science available.  This agreement allows us to work with experts from the USDA ARS toward our common goal of an E. coli O157:H7 test that is even faster, more accurate and more efficient,” said Kevin Huttman, president, DuPont Qualicon.

"Our mission is to develop scientific information and new technology to solve high priority problems for the U.S. beef, sheep and swine industries," said Mohammad Koohmaraie, USMARC director.  "In the case of E. coli O157:H7 detection, we're looking at collaborative ways to quickly develop a new test."

Final Report on the Taco John's E. coli Outbreak

The California Food Emergency Response Team (CalFERT) and the FDA have issued a final report of their investigation of the Escherichia coli (E. coli) O157:H7 outbreak associated with iceberg lettuce served at Taco John’s restaurants in Iowa and Minnesota. 

The final report suggests that the source of the outbreak may have been iceberg lettuce grown on Wegis Ranch in Buttonwillow, California. After initial traceback procedures led to Wegis Ranch, CalFERT began an environmental investigation of Wegis Ranch. 

CalFERT observed “2 dairy farms [Maya Dairy and West Star North Dairy] in close proximity to Wegis Ranch and its suspect lettuce growing fields” (page 12). The CalFERT team also “observed that the irrigation pipes from the Wegis Ranch equipment storage yard were stored approximately 50 feet from the cattle biosolids [composting manure] from West Star North Dairy” (page 15). Animal fecal material around the irrigation area was also observed.

lettuce-irrigation.jpgIn the course of the investigation, CalFERT learned that Wegis Ranch’s irrigation system was connected to both dairies and that Wegis Ranch sometimes irrigated with a blend of the dairies’ discharged wastewater and other water sources. Upon learning this, CalFert expanded its environmental investigation “to encompass a thorough assessment of the vicinity’s water distribution system and conveyances as a whole” (page 21).

When CalFERT assessed Wegis Ranch’s irrigation system, they made a “key observation”—“the farm irrigation system that utilized dairy runoff water did not have any backflow prevention devices to ensure manure-blended irrigation water did not contaminate the SWSD water system,” which was used to irrigate lettuce fields (page 23).

The following are details regarding the samples taken from the Buttonwillow area (Wegis Ranch, Maya Dairy and West Star North Dairy) from page 38 of the final report:

  • Out of the 194 samples collected at the Buttonwillow location, 32 (16.5%) were positive for E. coli O157:H7.
  • Of the 32 E. coli O157:H7 positive samples, ten (31%) were found to genetically match the Taco John’s outbreak strain.
  • For of the ten specimens (that genetically matched the outbreak strain) were gathered at the two dairies, and the remaining six were collected at the Wegis Ranch.

Elliot.jpgWe have recently filed a lawsuit on behalf of a victim of the Taco John’s E. coli outbreak that was the subject of the CalFERT investigation.  According to Elliot Olsen, lead attorney on the case, “These illnesses represent yet another breakdown in a system which seems incapable of protecting the public from contaminated food.  We believe there are other victims out there who have not yet come forward.”

To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s free case consultation form.  You may also contact Elliot Olsen via email.

To read the full report, please click here.

Hawaii E. coli Cases Prompt Closing of Sekiya's Restaurant

Seven cases of E. coli have been linked to Sekiya’s, a Kapahula restaurant. The most recent case occurred this month, and the others occurred in December. In response, the Hawaii State Health Department temporarily shut down the restaurant.

The recurrence of E. coli suggests more needs to be done to eradicate E. coli from the restaurant:     

Following the confirmation of E. coli O157:H7 cases in December, DOH sanitarians inspected Sekiya’s restaurant and worked with management to eliminate practices that may have contributed to the illnesses. Follow-up inspections within three days of the initial investigation revealed that all major violations had been corrected. Environmental samples were collected during the follow-up inspections, and all samples have turned up negative for E. coli O157:H7 and other disease causing bacteria after undergoing testing at the State Laboratory.

Although all major health code concerns had been corrected before the restaurant’s closing last weekend, the occurrence of a case more than five weeks after the initial cluster of illnesses led DOH to conclude there was still potential for the bacteria to be present in the establishment. Restaurant operations have been suspended temporarily while more extensive sanitation measures are taken. The DOH is also continuing to investigate the exact source of the E. coli O157:H7 bacteria.

Source: http://www.hawaiireporter.com/story.aspx?dfaa0bcb-5aea-4a4e-8f46-29a4fa9e25c


Alabama E. coli outbreak May be Linked to Church Supper

Eight cases of E. coli have been associated with a church supper at Eastern Shore First Baptist Church. 5 of the 8 were hospitalized. One boy is still hospitalized.

According to the Press-Register:  

Out of approximately 150 people interviewed by the health department as of Monday morning, 20 said they were ill, Porter said. Eight cultures have tested positive for E. coli O157:H7, a strain of the bacteria that can cause severe illness, [according to Theresa Porter, a Baldwin County surveillance nurse coordinator for the Alabama Department of Public Health Porter].

Three patients -- ages 15, 74 and 81 -- were admitted to Thomas Hospital in Fairhope between Thursday and Saturday, said Diana Brewer, a spokeswoman for Infirmary Health System, which operates Thomas. All were discharged by Sunday, she said.

Three others -- ages 10, 11 and 11 -- were treated for the bacteria with fluids and released, or referred to the hospital for lab work by a local physician.

Porter and Wilson [Ken Wilson, associate pastor of the Daphne church] said it may be difficult to identify the exact source of the bacteria because of the wide variety of food served at the event. Some of the food was prepared and brought to the dinner, while some people donated meat to be cooked for the event, Wilson said.

To read more about the Alabama E. coli outbreak linked to Eastern Shore First Baptist Church, click here.  

Taco John's E.Coli Outbreak Linked to California Ranch

A 16-month investigation by the California Department of Public Health’s Food and Drug Branch and the FDA has concluded that an E. coli outbreak in 2006 is linked to Wegis Ranch in Buttonwillow, California.  The E. coli was found in iceberg lettuce that was served at Taco John’s restaurants and sickened 81 people in Iowa and Minnesota. We represent victims of this outbreak.

According to The Bakersfield Californian,

The report does not definitively state how the lettuce was contaminated but said water contaminated by manure from two nearby dairies could be a possible source.

Wegis Ranch uses manure water to irrigate some fields where animal feed is grown, according to the report. It said lettuce linked to the E. coli outbreak was grown directly across from two of those fields.

In addition, the ranch’s irrigation system may have allowed manure water to taint freshwater used to irrigate fields where lettuce was grown, the report concluded.

E.coli samples from the ranch and dairies genetically matched the strain found in the tainted lettuce. The dairies were Maya and West Star North.

California State Senator Dean Florez said, “This latest report tells us once again that our food safety system is dysfunctional.”  The report will also be brought before the Senate Select Committee on Food-Borne Illness. California has already instituted the practice of self-regulated safety measures in farms, which include the banning of growing leafy greens close to animal facilities.  The Wegis Ranch lettuce was grown before these measures took effect, and the ranch has since stopped growing lettuce.

Hallmark/Westland May Close Indefinitely

The Wall Street Journal has reported that the chances of Hallmark/Westland shutting down for good may be greater than originally speculated.  Anthony Magidow, general manager of the company, explained that customers are already stopping payments on products involved in the recall.  The plant has already temporarily shut while undergoing investigation and according to Magidow, the company is running on very little cash.

The company was a leading supplier of beef to the National School Lunch Program and officials from the USDA have already made it known that they intend to make Hallmark/Westland cover costs for destroying and replacing recalled meat for the federal program.  Magidow also stated that if the USDA does demand payment the company will most definitely have to shut down for good.  There were no comments from Steve Mendell, president and owner of Hallmark/Westland.

Stephanie Smith Recovering

After months of being in an induced coma after contracting an E. coli infection that led to hemolytic uremic syndrome (HUS), a Minnesota woman is out of the coma and recovering at St. Mary's Hospital in Rochester, Minnesota.  To view a KARE 11 video entitled "Long road back for E. coli victim," click here.

It is a miracle Stephanie Smith is alive.  We wish her the best as she recovers.

This case is a reminder that many families and patients spend months living in Rochester due to the need for medical treatment.  If you would be interested in donating to charitable organizations that provide free or inexpensive lodging in Rochester, Minnesota to patients and their families, please see the following:

Baptist Hospitality House
Phone:  (507) 259-3837
Website:  http://ebcrochester.org/baptisthospitalityhouse/

Gift of Life Transplant House
Phone:  (507) 288-7470
Website:  (The website is not currently working)

Hope Lodge
Phone:  (507) 529-HOPE
Website:  http://www.cancer.org/...

House of Compassion
Phone:  (507) 289-6025
Website:   http://rochesterchurchofchrist.org/...

Mennonite Guest Home
Phone:  (507) 280-6252
Website:  None (If you know of a website, please leave a comment with the information)

Nazarene Well House
Phone: (507) 282-6702
Website: http://www.nazwellhouse.com/index.htm

Ronald McDonald House
Phone:  (507) 282-3955
Website:  http://www.ronhouserochmn.org/

If you know of any other charitable organizations providing free or inexpensive lodging in Rochester, Minnesota for patients and their families, please leave a comment.

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Premier Quality Seed Mix Recalled

Imperial Snack Foods Ltd. has recalled its Premier Quality Seed Mix (150g) due to Salmonella contamination.  The company has removed the affected food from sale and notices will be posted in all stores.  Anyone who has purchased the affected product may return it for a full refund.

According to the Food Standards Agency, the affected products contain the following information:

  • Premier Quality Seed Mix, 150g
  • Batch code: 7236/7236f IM
  • Best before: 24/08/08

Arizona Beef Tests Positive for Salmonella

Health officials from the Yuma County Health District (Arizona) have issued a warning concerning a contamination of Salmonella in beef tri-tip cuts.  According to the Yuma Sun,

Becky Brooks, director of the Yuma County Health District, is urging anyone who took home some of the meat from the Hospice of Yuma roping roundup, barbecue and western dance at the Yuma County Fairgrounds to dispose of it.

Leftover meat from the event was also donated to the Crossroads Mission. An investigation was launched after the Yuma Regional Medical Center, the mission, and other individuals notified the health department of 92 cases of gastrointestinal illness. The health department tested 20 individuals, 10 of which tested positive for Salmonella, the other 10 still pending.

Beef Missing in Hallmark/Westland Recall

Ground-Beef--Bulk.jpgOfficials from the USDA report that there is still a massive amount of beef which has yet to be found in relation to the recall of 143 million pounds of beef produced by the Hallmark/Westland Meat Packing Co.  50.3 million pounds of the beef was used in federal food programs, which includes the school lunch program.  Of the beef used for federal programs, 19.6 million pounds is said to have already been consumed, with 15.2 million pounds identified and put aside.

However, officials report that 15.5 million pounds of the recalled beef has yet been found. The USDA has extended the recall to any products that may have the beef mixed in, which could include items such as spaghetti sauce and canned ravioli.

According to USA Today,

ConAgra Foods said it had not yet removed any product and was "looking into how or if" Sunday's recall affects the company.

The recalled products include meat processed for the past two years. The USDA said earlier that it believed most of it has already been consumed. In recent years, the Westland plant produced about 20% of the ground meat in the federal school lunch programs.

The beef has been recalled because investigation into practices at Hallmark/Westland revealed inhumane treatment of cattle, specifically the slaughtering of “downer” cattle, those that cannot walk.  The introduction of downer cattle into the food supply elevates risk for the spread of mad cow disease.  There have been no reports of illness related to the recall and the USDA states that there is a low risk level associated with the recalled products.

CDC Reports On State Preparedness

The CDC recently released a comprehensive report that assesses federal funding distributed to states after the terrorist attacks of September 11, 2001.  The report analyzes the use of money and improvements made in each state to determine preparedness to deal with disease outbreaks, natural disasters, and other public health emergencies.

The report, “Public Health Preparedness: Mobilizing State by State,” examines the use of about $5.6 billion given to states since 2001.  According to CIDRAP, improvements states have made since 2001 include:

  • Every state is now equipped to receive and evaluate health emergency reports at all times, whereas only 12 states had "24/7/365" capability in 2001.
  • All states have public health laboratories that can communicate quickly with clinical labs today, compared with only 20 states in 2001.
  • Every state now has a plan to receive and distribute drugs and other supplies from the Strategic National Stockpile.
  • All states are now conducting year-round influenza surveillance, considered critically important given the threat of pandemic flu.

Every state was evaluated in the report, including major urban areas such as Washington, New York City, Chicago, and Los Angeles County.  Recent years have also seen a distribution of money specifically designate to deal with a possible influenza pandemic.  With increased funding, states and urban areas have also undergone improvements involving the number of epidemiologists available. According to CIDRAP,

  • The number of public health epidemiologists working in emergency response has more than doubled, from 115 in 2001 to 232 in 2006.
  • Users of the Epidemic Information Exchange, a CDC-based communication system that helps track disease outbreaks, have increased more than 5-fold, from 890 in 2001 to 4,646 in 2006. Most are in state and local public health.
  • State and local public health labs that can detect biological agents now number 110, compared with 83 in 2002.
  • In 2005, health departments in all 50 states and Washington DC trained personnel on their roles during an emergency, compared with only 14 states in 1999.

Professionals in the public health world praise the report, seeing it as a stepping stone to evaluate the situation states are in to deal with a variety of issues. Since the increased funding in 2001, the program has been influential in dealing with foodborne illness.  The state of Wisconsin was the first to track the outbreak of E. coli 0157:H7 in spinach in the fall of 2006. The CDC report states that the increased funding enabled the state to make the detection.

Although progress has been made, CIDRAP also reports challenges left to face.

  • Disease surveillance systems need strengthening. For example, last year 16 states reported no plans to exchange health data electronically with regional networks of healthcare providers.
  • For disease surveillance, health departments need to make sure they have a legal framework permitting them to share health information with other jurisdictions.
  • The public health lab workforce needs help, with 31 state labs reporting difficulty recruiting qualified scientists.
  • Health departments are having trouble finding and keeping qualified epidemiologists, according to a 2006 survey.
  • Health departments need to maintain a system of all-hazards planning, training, exercising, and improving, which should equip them to help at-risk groups such as the elderly.
  • Though many cities now have systems that allow different response agencies to communicate, more progress is needed in that area.

The full version of the CDC report can be found at http://www.bt.cdc.gov/publications/feb08phprep/

Will the Westland/Hallmark Recall Prompt Action by Congress?

Illinois Senator Dick Durbin and Connecticut Represestative Rosa DeLauro have called for a new department that would focus exclusively on food safety. Delauro stated in a U.S. News story, "Food safety ought to be of a high enough priority that we have a single agency that deals with it and not an agency that is responsible for promoting a product, selling a product, and then as an afterthought dealing with how our food supply is safe [this could be said of both the FDA and the USDA]."

Although the creation of a new department is not likely, recent foodborne outbreaks and massive recalls have made food safety a hot topic in Congress.  The U.S. News story ("Just how safe is our food?") highlights some of the issues surrounding the safety of our meat supply:

One point of contention is the quality and rigor of the inspection process, including the training and size of the inspector force. Currently, the USDA employs 7,500 inspectors for 6,300 federal plants, the majority of which are slaughterhouses. That's roughly one inspector per plant, although in practice teams of inspectors tend to cover multiple plants. The USDA is also currently operating with an overall vacancy rate of 9 percent for inspectors, officials said.

Food safety groups have voiced criticism over these numbers, saying that there are too few eyeballs watching too much meat. "The USDA is underfunded and understaffed," said Sarah Kline of the Center for Science in the Public Interest, a food safety watchdog. "We are talking about enormous facilities with inspectors needing to be at different points in the facilities. What you end up with is a lot of beef that is not being looked at."

A second question among politicians is whether the USDA is doing enough to make sure that plants have adequate safety plans in place. In 2002, an administrator for the USDA, Garry McKee, told members of the meatpacking lobby that many so-called safety protocols were simply ineffective. "Plants are not validating their interventions," he said. "Consequently they are not killing pathogens or even reducing them in their plants. Some are not even recognizing that pathogens exist. That's like playing catch with a hornet's nest and not recognizing you might get stung."

. . . Not to be entirely eclipsed by policy issues is the question of proper farming practice. In December, researchers at Kansas State University found that cattle fed with distiller's grain, an ethanol byproduct, are more likely to carry the strain of E. coli that causes illness in humans. With ethanol demand booming, plants have turned to distiller's grain as a cheap feed source. But like other farming practices designed to more quickly fatten cattle, it may also be contributing to more risky meat as cattle become more prone to illness.

The time for Congress to act is now.

Inspection Problems at Hallmark/Westland

The aftermath of the largest beef recall in United States history, 143 million pounds produced by the Hallmark/Westland Meat Packing Co., leaves a myriad of questions open to answer about how the USDA could have overlooked such blatant violations of humane treatment of animals. A story in the L.A. Times explores the relationship of slaughterhouse workers with government inspectors and how it puts the nation’s food supply in jeopardy.

According to the story,

Slaughterhouse workers watch every move of federal inspectors. They know when they take bathroom breaks. They use the radio to alert one another to the inspector's every step. They even assign the pretty talkative woman to work next to the inspector to distract him from his mission to safeguard the nation's food supply.

The workers’ attempts to avoid the regulatory eyes of USDA inspectors seem to work.  Not only did it lead to the violations at Westland, but a 2006 audit of 12 slaughterhouses showed that 29 downer animals made their way to slaughter, only 9 of which had documented physical injuries that showed they were not diseased.

As the Government Accountability Office begins to investigate USDA inspection procedures, data is already available detailing the amount of vacant inspection posts in slaughterhouses across the country.

Last year, 9% of inspector positions nationwide were vacant, according to Amanda Eamich, a spokeswoman for the USDA's inspection service. In the district that includes Hallmark/Westland Meat, the average vacancy rate was 12%, said Stan Painter, president of the inspector's union. Eamich said that the vacancy rate is low compared with previous years and that the agency is recruiting aggressively to fill the vacancies.

Not only are there vacancies on the inspection lines, but the inspectors who are assigned to watch over a given section of a slaughterhouse are often called over to help inspect cattle carcasses. The abandoned posts at the cattle pens and elsewhere make all the more easy for workers to inhumanely treat animals out of view from inspectors.

The Westland products were used in the National School Lunch Program, and the GAO is currently figuring out which schools received the meat so that the remaining meat can be destroyed.

The meat industry stands by their members saying that this incident is not indicative of the industry as a whole.  Whether that is true or not, it is clear that there are problems existent in the way the USDA inspects slaughterhouses, and measures will need to be taken to improve the process so that future situations like Hallmark/Westland can be avoided in the future.

Unmarked Cheese Poses Salmonella Threat

The Kansas Department of Agriculture is warning consumers in Garden City, Kansas to be wary of unmarked soft white cheese.  During an inspection at Panaderia Real in Garden City, officials discovered that cheese made by Guadalupe Valadez may be contaminated with Salmonella.

Valadez does not have a license to manufacture food, but has been selling the cheese to friends and neighbors as well as two stores: Panaderia Real and Panaderia Alexis.  Valadez reports that her home-based operation has only been manufacturing the cheese for about a month.  Inspectors destroyed the cheese, which was coincidentally unpasteurized, and encourage any customers who may have bought it to through it away.

According to the Kansas Department of Agriculture,

The cheese was sold in hand-formed balls and disc shapes that were wrapped in plastic.  The packages had no identifying marks to indicate where the cheese was made. 

Consuming food contaminated with Salmonella can cause salmonellosis, one of the most common bacterial foodborne illnesses. Salmonella infections can be life-threatening, especially to those with weak immune systems, such as infants, the elderly and persons with HIV infection or undergoing chemotherapy. The most common symptoms of salmonellosis are diarrhea, abdominal cramps, and fever within eight to 72 hours. Additional symptoms may be chills, headache, nausea and vomiting that can last up to seven days.

Westland Recalls 140 Million Pounds of Beef

Hallmark/Westland Meat Packing Co. of Chino, California has voluntarily recalled more than 140 million pounds of raw and frozen beef.  The USDA’s Food Safety and Inspection Service has designated the beef to present a low health risk, making it a Class II recall.  The recall comes as a response to an FSIS suspension because the company did not completely and properly inspect their cattle.  We have had a lot of people comment on the recall on a previous post.  Read the post and the comments.

According to an FSIS news release, over the past two years Westland repeatedly failed to contact FSIS public health veterinarians in situations that involved cattle becoming non-ambulatory after passing FSIS ante-mortem inspection. The FSIS issued the “Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle” in July 2007, a ruling that FSIS believes Westland violated.

According to the FSIS recall statement,

Some of the Westland Meat Co. branded products were purchased for Federal food and nutrition programs and, since Jan. 30, 2008, USDA has had an administrative hold on all products from Westland Meat Co. in all of these outlets including, in the National School Lunch Program, the Emergency Food Assistance Program and the Food Assistance Program on Indian Reservations. Based on this Class II recall, officials of the Food and Nutrition Service and Agricultural Marketing Service will work closely with State food and nutrition officials to minimize any disruptions caused by the removal and disposal of recalled Westland Meat Co. products.

FSIS began to investigate the situation at Westland after receiving allegations of inhumane treatment of non-ambulatory animals.  Westland voluntarily ceased operations on February 1 and an FSIS Notice of Suspension was issued on February 4 due to Westland’s violation of the Humane Methods of Slaughter Act.

According to a Q&A release from the FSIS,

The Hallmark/Westland Meat Packing Company must first respond to the Notice of Suspension and submit a corrective action plan to address its failure to properly implement the Humane Methods of Slaughter Act and FSIS regulations. FSIS must first verify that the plan they submit fully and completely addresses the findings in the Notice of Suspension to ensure the humane handling and slaughter of animals at the facility.

The FSIS investigation of Westland is still underway and the company has yet to issue any written document detailing solutions to the violations. The USDA will reimburse states for any money lost due to the processing of Westland meat, and any products containing Westland meat should be destroyed according to government guidelines. The USDA is also pursuing actions to end contractual agreements with Westland so that the products lost can be replaced by other providers.

Concern over the recalled beef products centers around risks of spreading Bovine Spongiform Encephalopathy (BSE) into the nation’s food supply.  However, according to FSIS, the risk of BSE in the Westland meat is:

Negligible. The federal government has an interlocking system of controls to protect the food supply and to prevent animals with signs of central nervous system disorders from entering the food chain. All cattle at the Hallmark/Westland Meat Packing Company passed ante-mortem inspection before slaughter.

Since Westland meat was provided for federal government programs such as the School Lunch Program, there is concern about dangerous meat being served at schools; however FSIS maintains that the health risk to children from the recalled meat is negligible. 

Not only are there domestic concerns about Westland meat, but there may be complications in international trade.  Westland exported products to the Ivory Coast and Angola in 2007, but the USDA stands by their means of regulation, explaining that United States standards are 10 times stricter than those recommended by the World Organization for Animal Health.

A list of specific products being recalled can be found at: http://www.fsis.usda.gov/PDF/Recall_005-2008_Release.pdf

Contact information about which schools received Westland products can be found at:

http://www.usda.gov/actions

How Epidemiologists Uncovered the Massachusetts Listeria Outbreak

listeria-dna-fingerprinting.jpgThe Listeria outbreak linked to Whittier Farms milk took the lives of 4 people, 3 elderly men and an unborn baby. A recent article in the Worcester Telegram provides a look at how epidemiologists (infectious disease “detectives”) at the Massachusetts public health laboratory uncovered the source of the outbreak using DNA fingerprinting:

State health workers had little to go on when they began their investigations in November, and no idea that a sample of pasteurized milk would eventually be tied to an outbreak lasting at least six months and involving three counties.

. . . Health officials said their first evidence of an outbreak also wound up breaking the case. That happened in November when the family of an elderly man who had fallen ill told hospital officials he may have consumed unpasteurized apple cider purchased at a farm stand in Norfolk County. Hospital staff advised the family to bring the cider to local health officials. The family brought in both the cider and a bottle of coffee-flavored milk purchased at the same stand. The local health agent sent the samples on to the state lab.

. . . To track down the bacterial culprits, epidemiologists began work on the fourth floor of the state lab. The organisms that are cultured from the milk and cider samples are put in a solution, which is heated up to release DNA, according to Dr. Linda Han, director of the lab’s Division of Microbiology. The DNA is placed in a dish with gel to sit for a day. The gel-encased DNA then is cut up by enzymes, a process that takes about two hours.

Next, the DNA was placed in a four-sided GEL DOC 2000, a pulsed-field gel electrophoresis (PFGE) machine, to obtain a genetic fingerprint. Over 20 hours, the machine sent alternate electrical pulses to the DNA, one side at a time. The ultraviolet light made the DNA “glow,” and a specialized software program photographed the deadly bacteria’s unique “barcodes.” The barcodes — or fingerprints — were uploaded into a computer, and laboratorians (laboratory analysts, technicians and scientists) then see whether they matched other genetic profiles already in the system.

. . . Officials were amazed when they discovered that the fingerprint of listeria bacteria in the milk sample provided by the patient’s family exactly matched the fingerprint of listeria found in a milk sample taken from the Whittier bottling plant.

While epidemiologists were required to go back 120 days to see whether there were any other genetic matches, they looked back several months more than that, and determined there were matches with four other patterns in their database.

We commend the epidemiologists and others who uncovered the source of this outbreak and went beyond what was required to find victims from as far back as June of 2007. Our experience is that knowing the source of a loved ones illness gives the families some closure and aids in the healing process. To contact a lawyer about a Listeria lawsuit, please call our firm toll-free at 1-888-377-8900 or submit the firm’s free case consultation form.

Progressive Inflammatory Neuropathy Ails Slaughterhouse Workers

A continuing investigation of progressive inflammatory neuropathy (PIN) in swine slaughterhouse workers in the CDC’s MMWR details illnesses among workers in a slaughterhouse in southeastern Minnesota (referred to only as Plant A).  Six workers have confirmed, two have probable, and two have possible PIN.  

According to the MMWR,

Symptoms ranged from acute paralysis to gradually progressive symmetric weakness over periods ranging from 8 to 213 days. Severity ranged from minor weakness and numbness to paralysis predominantly in the lower extremities affecting mobility.  Eleven patients had evidence of axonal or demyelinating peripheral neuropathy by elctrodiagnostic testing.

All workers who showed signs of PIN worked at the area of the plant that processed pig heads, known as the head table.  The head table is located in a larger part of the plant known as the warm room.  Data was taken from all workers at the head table and also from workers in the warm room.

Results of the case-control study indicated that case patients (seven of 10, 70%) were significantly more likely to have worked at the head table than the warm-room controls (12 of 48, 25%) (odds ratio [OR]: 7.0; 95% confidence interval [CI] = 1.3–42.2; p = 0.009). Case-patients also were more likely to have removed brains or remaining skeletal muscle from the pig head (a process known as backing heads) (four of 10, 40%) than controls (two of 46, 4%) (OR: 15.3; CI = 1.8–163.4; p = 0.006). Among head table workers, case-patients were significantly more likely to have removed brains or skeletal muscle from the head (four of seven, 57%) than head-table controls (eight of 65, 12%) (OR: 9.50; CI = 1.40–70.2; p = 0.01). Illness was not determined to be associated with previous travel outside or within the United States; exposure to chemicals, fertilizers, or insecticides; use of medications; or receipt of previous vaccinations.

Environmental assessments of the plant noted that a compressed air device was used to harvest brain tissue from the pig heads (known as “blowing brains”). This device caused brain splatter and may also have aerosolized brain matter which the workers may have breathed.  Since the assessment, Plant A has increased worker protection by including face masks and has suspended the harvesting of brains.

Only three other plants (one in Nebraska, one in Indiana) investigated reported using compressed air machines to harvest brains.  No cases of PIN were reported in Nebraska; however, several illnesses have been reported in Indiana under similar circumstances to Plant A. It is important to note that the investigation only shows workers at the head table who used compressed air machines may be at risk, possibly because exposure to aerosolized pig neural protein may have induced an autoimmune-mediated peripheral neuropathy.  All material processed at the plant passed inspection by FSIS and allegedly has not presented any risk of foodborne illness to the general population.  


The Risk of Today's Fresh Produce

Baby-Spinach.jpgThe past year has seen its share of recalls due to contamination by foodborne pathogens. Scientists and government officials note that the pure number of outbreaks has not significantly increased in the past few years, but there is concern in the variety of products affected by contamination.

According to Florida Today,

"It's been a little bit of a roller coaster the past 10 years," said Dr. Robert Tauxe, deputy director of the division of food-borne bacterial and mycotic diseases at the U.S. Centers for Disease Control and Prevention. "I am struck that I am seeing new food vehicles. New foods are a problem. Spinach was a new one. And peanut butter, there's a surprise. Also the Veggie Booty, or vegetarian snack food."

"One of the big issues of the day is fresh produce," said Michael Doyle, director of the Center for Food Safety at the University of Georgia. "Produce is where the action has been in the last few years, and there are a lot of reasons for it. One is a greater interest by consumers in eating fresh foods uncooked, and cooking serves a very important purpose of killing harmful bacteria."

"We've been consuming more produce, which is a good thing from a nutritional standpoint," he added. "But along with that, there have been issues with harmful microbes being present."

The contamination of the nation’s produce has risen due to the growth of the American agricultural industry.  More and more frequently, cattle lots are being located next to produce fields.  In the presence of wild animals and water flow, dangerous pathogens normally associated with farm animals are being spread to produce, probably through cattle or boar manure.

California has recently become the hotbed for produce contamination. Still the nation’s leading supplier of produce and wine, California has now surpassed Wisconsin as the biggest dairy state.  Vineyards, farms, and dairies are in constant competition for land in California, locating themselves next to each other increasing risk for contamination between products.

The growing size of the agricultural industry and the formation of mega-farms, mega-distribution centers, and mega-transporters has also ensured that if a product does become contaminated, the contamination will spread on a massive scale.

"Once you start to have larger and larger units and these bigger and bigger companies, any contamination incident automatically gets much worse by orders of magnitude," said Michael Hansen, a senior scientist with Consumers Union. "Before, it was just bad produce coming from one farm."

With the looming danger of massive foodborne illness outbreaks in the nation’s produce, critics target the government for not properly overseeing the emerging mega-agricultural industry. However, it is important for consumers and governments officials alike to be aware of the dangers of fresh produce and to acknowledge the forces that have pushed illness risks to these heightening levels.

Salmonella Cases Prompt Tuna Recall

tuna.jpg Cases of Salmonella (salmonellosis) in Hawaii have prompted a recall of Yellowfin Tuna distributed by Choyce Products of Honolulu, Hawaii.  5452 pounds of the frozen tuna, distributed in Oahu, may be contaminated with Salmonella.   The FDA and the state of Hawaii are conducting a joint investigation of a variety of vendors due to the state receiving Salmonella illness reports between October 1, 2007 and December 31, 2007.

The recalled tuna was sold in bulk to Choyce customers.  FDA believes that most of the recalled product reached consumers in the form of a mixed, previously frozen, seafood product through Choyce customers.

Salmonella can serious and sometimes fatal infections in the young, elderly, and those with weak immune systems.  Other symptoms include fever, diarrhea, nausea, vomiting and abdominal pain.  Rare infection of the bacteria can lead to arterial infections, endocarditis, and arthritis.

New Era Recalls Canned Vegetable Products

The FDA announced today a recall of vegetable products in #10 cans (6-7 lb. cans) produced by New Era Canning Company of New Era, Michigan.  The cans may have been contaminated by Clostridium botulinum spores. Affected cans can be identified by the UPC but most importantly by the lot code information on the can end.

The cans were distributed nationwide to food service customers, but may have also been available at retail stores. Any cans without a code should be considered affected. FDA inspectors uncovered the problem with products in New Era’s possession.  No product has yet tested positive for the toxin and no cases of botulism have been reported.

According to the FDA,

Clostridium botulinum bacterium spores have the potential for growth that produces a toxin that causes a potentially fatal form of food poisoning - botulism. Symptoms of botulism poisoning in humans can begin from 6 hours to 2 weeks after eating food that contains the toxin. Symptoms may include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, and muscle weakness that moves progressively down the body, affecting the shoulders first, then descending to the upper arms, lower arms, thighs, and calves. Botulism poisoning also can cause paralysis of the breathing muscles, which can result in death unless assistance with breathing (mechanical ventilation) is provided. Individuals who have these symptoms and who may have recently eaten the any of the recalled vegetable products currently under recall or other food products made with these items should seek immediate medical attention.

The FDA also released a comprehensive list of products affected:

Classic Sysco brand, Distributed by Sysco Corporation, Houston, TX.

Green asparagus cuts & tips (asparagus, water, salt) in 101 oz. (6 lb. 5 oz.) cans (UPC 7486510471). All lot codes beginning with "00249" are included.

Great Northern beans (Great Northern beans, water, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 7486510486). All lot codes beginning with "00249" or "NORTH" are included.

Green beans, Italian cut, (Italian green beans, water, salt), in 105 oz. (6 lb. 9 oz.) cans (UPC 7486511294). All lot codes beginning with "00249" or "ITAL" are included.

Light red kidney beans (kidney beans, water, corn sweetener, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 7486510642). All lot codes beginning with "00249" or "LRKID" are included.

Red beans (red beans, water, salt, calcium chloride, EDTA) in 110 oz. (6 lb. 14 oz.) cans (UPC 7486510638). All lot codes beginning with "00249" or "RED" are included.

Cut wax beans (wax beans, water, salt) in 101 oz. (6 lb. 5 oz.) cans (UPC 7486511434). All lot codes beginning with "00249" or "WAX" are included.

Code brand, Distributed by Code, Atlanta, GA.

Dark red kidney beans (soaked kidney beans, water, corn sweetener, salt, calcium chloride, EDTA) in 6 lb. 12 oz. cans (UPC 1207316042). All lot codes beginning with "00249" or "DRKID" are included.

Fancy cut wax beans 4 sieve (wax beans, water, salt) in 6 lb. 5 oz. cans (UPC 1207310183). All lot codes beginning with "00249" or "WAX" are included.

Frosty Acres Restaurant's Pride Preferred brand, Packed for F.A.B., Inc., Alpharetta, GA.

Black beans (cooked black beans, water, ferrous gluconate, calcium chloride) in 6 lb. 15 oz. cans (UPC 4820049145). All lot codes beginning with "00249" or "BLACK" are included.

Blackeye Peas (Blackeye peas, water, salt, calcium chloride, EDTA) in 6 lb. 12 oz. cans (UPC 4820049146). All lot codes beginning with "00249" or "BEP" are included.

Fancy Great Northern beans (Great Northern white beans, water, salt, natural flavors and calcium chloride) in 110 oz. (6 lb. 14 oz.) cans (UPC 4820068288). All lot codes beginning with "00249" or "NORTH" are included.

Fancy cut Italian green beans (Italian beans, water, salt) in 105 oz. (6 lb. 9 oz.) cans (UPC 4820068390). All lot codes beginning with "00249" or "ITAL" are included.

Fancy dark red kidney beans (dark red kidney beans, water, corn syrup, salt, calcium chloride) in 111 oz. (6 lb. 15 oz.) cans (UPC 4820068171). All lot codes beginning with "00249" or "DRKID" are included.

Fancy Mexican style chili beans (white beans, water, corn syrup, sugar, tomato paste, salt, dextrose, onion powder, garlic powder, oleoresin paprika, natural flavors) in 111 oz. (6 lb. 15 oz.) cans (UPC 4820068534). All lot codes beginning with "00249" or "CHILI" are included.

Fancy pinto beans (pinto beans, water, salt, calcium chloride, EDTA) in 111 oz. (6 lb. 15 oz.) cans (UPC 4820068939). All lot codes beginning with "00249" or "PINTO" are included.

Fancy red beans (prepared red beans, water, salt, calcium chloride, EDTA) in 6 lb. 12 oz. cans (UPC 4820069023). All lot codes beginning with "00249" or "RED" are included.

Fancy vegetarian beans in tomato sauce (white beans, water, corn syrup, sugar, tomato paste, salt, dextrose, onion powder, garlic powder, oleoresin paprika and natural flavorings) in 112 oz (7 lb.) cans (UPC 4820069161). All lot codes beginning with "00249" or "VEG" are included.

GFS brand, Distributed by Gordon Food Service, Grand Rapids, MI

Fancy all green asparagus cuts & tips (asparagus, water, salt) in 6 lb. 5 oz. cans, reorder no. 229601 (UPC 9390122960). All lot codes beginning with "00249" are included.

Fancy black beans (black beans, water, salt) in 6 lb. 12 oz. cans, reorder no. 557714 (UPC 9390155771). All lot codes beginning with "00249" or "BLACK" are included.

Italian cut green beans (Italian green beans, water, salt) in 6 lb. 9 oz. cans, reorder no. 769878 (UPC 9390176987). All lot codes beginning with "00249" or "ITAL" are included.

Medium lima beans (lima beans, water, salt) in 6 lb. 12 oz. cans, reorder no. 118796 (UPC 9390111879). All lot codes beginning with "00249" or "LIMA" are included.

Fancy Mexican style chili beans (soaked red beans, water, chili seasoning, salt, corn starch, tomato paste, sugar, calcium chloride) in 6 lb. 12 oz. cans, reorder no. 192015 (UPC 9390119201). All lot codes beginning with "00249" or "CHILI" are included.

Fancy cut wax beans 4 sieve (wax beans, water, salt) in 6 lb. 5 oz. cans, 118834 (UPC 9390111883). All lot codes beginning with "00249" or "WAX" are included.

Kitchen Essentials brand, Distributed by Gordon Food Service, Grand Rapids, MI.

Cut wax beans mixed sieve (wax beans, water, salt) in 6 lb. 5 oz. cans, 274453 (UPC 9390127445). All lot codes beginning with "00249" or "WAX" are included.

Monarch Heritage brand, Packed for PYA/Monarch, Inc, Greenville, SC.

Italian style cut green beans (green beans, water, salt) in 6 lb. 5 oz. cans, 173865 (No UPC code). All lot codes beginning with "00249" or "ITAL" are included.

Necco brand, Packed by New Era Canning Company, New Era, MI.

Cut wax beans (wax beans, water, salt) in 6 lb. 6 oz. cans (UPC 3683513440). All lot codes beginning with "00249" or "WAX" are included.

New Era brand, Distributed by New Era Canning Co, New Era, MI.

Asparagus cuts & spears (asparagus, water, salt) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511220). All lot codes beginning with "00249" are included.

Black beans (black beans, water, salt) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511692). All lot codes beginning with "00249" or "BLACK" are included.

Black-eyed peas (black-eye peas, water, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511698). All lot codes beginning with "00249" or "BEP" are included.

Butter beans (lima beans, water, salt, sugar, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511694). All lot codes beginning with "00249" or "LIMA" are included.

Chili beans in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511675). All lot codes beginning with "00249" or "CHILI" are included.

Great Northern beans (Great Northern beans, water, salt, calcium chloride, EDTA) in 110 oz. (6 lb. 14 oz.) cans (UPC 3683511688). All lot codes beginning with "00249" or "NORTH" are included.

Italian Cut Green Beans (Italian beans, water, salt) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511342). All lot codes beginning with "00249" or "ITAL" are included.

Light red kidney beans, (kidney beans, water, corn sweetener, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511682). All lot codes beginning with "00249" or "LRKID" are included.

Dark red kidney beans, (kidney beans, water, corn sweetener, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511680). All lot codes beginning with "00249" or "DRKID" are included.

Lima beans (lima beans, water, salt) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511696). All lot codes beginning with "00249" or "LIMA" are included.

Pinto beans (pinto beans, water, salt, calcium chloride, EDTA) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511686). All lot codes beginning with "00249" or "PINTO" are included.

Red beans (red beans, water, salt) in 6 lb. 12 oz. cans (no UPC). All lot codes beginning with "00249" or "RED" are included.

Vegetarian beans (white beans, water, cane syrup, tomato paste, corn syrup, salt, vinegar, calcium chloride, onion powder, paprika, spice, natural flavorings) in 108 oz. (6 lb. 12 oz.) cans (UPC 3683511670). All lot codes beginning with "00249" or "VEG" are included.

Cut wax beans (wax beans, water, salt) in 102 oz. (6 lb. 6 oz.) cans (UPC 3683511440). All lot codes beginning with "00249" or "WAX" are included.

Nugget brand, Distributed by Nugget, Atlanta, GA.

Asparagus cuts & tips (asparagus, water, salt) in 6 lb. 12 oz. cans, (UPC 4410503580). All lot codes beginning with "00249" are included.

Reliance Sysco, Distributed by Sysco Corporation, Houston, TX.

Cut wax beans 4 sieve (wax beans, water, salt) in 6 lb. 5 oz. cans, 4108056 (UPC 7486512190). All lot codes beginning with "00249" or "WAX" are included.

Wax beans mixed and short cuts (wax beans, water, salt) in 6 lb. 5 oz. cans, 4182788 (UPC 7486512231). All lot codes beginning with "00249" or "WAX" are included.

FDA Changes Listeria Policy On Certain RTE Foods

listeria-bacteria-2.jpgThe FDA will be revising policy regulations on Listeria monocytogenes in ready-to-eat (RTE) foods to distinguish between RTE foods that support Listeria growth and those that do not.  Currently there is a “zero tolerance” standard for all RTE foods, allowing zero colony forming units per gram of food (cfu/g).  The new standard will allow RTE foods that do not support Listeria growth to have 100 cfu/g of food.

The FDA will be publishing a Compliance Policy Guide which will define RTE foods that do not support Listeria growth according to the following criteria:

  • The pH of the food is less than or equal to 4.4; or
  • Is customarily held and consumed in a frozen state; or
  • The water activity of the food is less than or equal to 0.92; or
  • Is processed using an effective listeristatic control measure

The FDA will continue to have a “zero tolerance” policy for RTE foods that do support Listeria growth, which allows up to 0.04 cfu/g of food.  RTE foods that do not support Listeria growth will be modified to allow up to 100 cfu/g of food. The new policy is similar to those in Europe and Canada, however the USDA’s FSIS has not yet changed their “zero tolerance” policy.

FSIS Suspends Inspections at Hallmark/Westland

Cow-Gazing.jpg(Update to the entry below: FSIS has announced the recall of more than 140 million pounds of raw and frozen beef.  Read about the Hallmark/Westland beef recall.)


Dr. Richard Raymond, USDA Under Secretary for Food Safety, announced in a statement the suspension of FSIS inspections at the Hallmark/Westland Meat Packing Company.  The suspension is in response to the company’s violations of Federal regulations and the Humane Methods of Slaughter Act.

The Hallmark/Westland voluntarily stopped production on February 1 and the suspension will be in effect until the company submits a written document containing ways to correct their treatment of animals.

The suspension has impacted the company's ability to supply food for government programs.  According to the statement:

USDA at the time of the hold also indefinitely suspended the eligibility of Westland Meat Packing Company to participate as a supplier to Federal food and nutrition programs, specifically the National School Lunch Program, the Emergency Food Assistance Program and the Food Distribution Program on Indian Reservations.

On Jan. 30, Agriculture Secretary Ed Schafer called upon the Office of the Inspector General to work with FSIS and the USDA's Agricultural Marketing Service to conduct an investigation into allegations of inhumane handling of non-ambulatory disabled cattle at Westland Meat Packing Company. These allegations were made by the Humane Society of the United States against Westland Meat Company.

Many school cafeterias around the country have temporarily stopped serving cheese burgers and other meals containing beef.

Olivier Recalls Parmesan & Asiago Dip with Garlic & Basil

olivier-dip-recall.jpgThe California Department of Public Health (CDPH) has warned consumers of a voluntary recall from Olivier Olive Oil Products, Inc. The recall concerns Olivier brand Parmesan & Asiago Dip with Garlic & Basil due to possible Clostridium botulinum contamination.

The products were distributed to William-Sonoma retail stores nationwide and to Olivier Napa Valley retail stores in Truckee and St. Helena, California. The product comes in an 11.76 oz. jar and contains the following codes that are on the side of the jar with no label:

  • OPA 34171
  • OPA 23471
  • OAP 17271
  • OAP 17671
  • OAP 36061
  • OAP 36161
  • OPA 33961

According to CDPH,

Clostridium botulinum is a bacterium which can cause life-threatening illness or death. Symptoms of botulism include: general weakness, dizziness, double-vision and trouble with speaking or swallowing. Difficulty in breathing, weakness of other muscles, abdominal distension and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention.

No illness have been reported associated with Olivier Parmesan & Asiago Dip with Garlic & Basil.

Concerns of Effective Microwave Cooking

totinos-pizza-recall.jpgThe International Association for Food Protection has released a series of presentations dealing with a growing concern among the frozen food industry to address the risks of microwavable foods.  Frozen foods have been the target of many recent foodborne illness outbreaks, including the Jeno’s and Totino’s frozen pizza E. coli outbreak and the Banquet Pot Pie Salmonella outbreak.

At the forefront of addressing the issue of microwavable foods is the American Frozen Food Institute (AFFI), which has undertaken various measures to eliminate risks associated with frozen foods.  (Lawsuit prevention is most likely the reason for the AFFIs renewed interest in educating consumers about microwave safety.  Interestingly, food manufacturers commonly defend foodborne illness claims by arguing that it was the consumer's fault for not cooking the product correctly.)

AFFI has developed a guide entitled “Cooking with Microwave Ovens, Nutrition and Food Safety Considerations” which offers consumers ways to prepare nutritious meals with a microwave oven.  AFFI has also been working with microwave manufacturers and various organizations to develop better labeling for microwavable products to account for various power ratings and options on the ovens.

Not-ready-to-eat (NRTE) foods pose one of the biggest concerns to safe microwaving, because if not cooked properly, they are not completely safe to consume and may contain foodborne pathogens.  A group from the Grocery Manufacturers Association has developed guidelines to validate cooking instructions on NRTE foods to make sure that when cooked following the instructions, the food is safe to eat.

The greatest concern about providing the safest cooking instructions revolves around issues with microwave technology itself, and its incapacity to provide uniform heating throughout food.  Uneven cooking allows for hot and cold spots within the food.  It also allows for the failure to inactivate certain pathogens in the food.  Most research shows that heating in microwaves is the primary mode for the inactivation of pathogens, so it is quite important to solve the problem of uneven cooking.

The presentations address a variety of areas that affect uneven heating:

  • Non-uniform distribution of dipolar molecules and ionic materials within the food.
  • Differences in microwave absorption of frozen/thawed areas.
  • Product/component edge heating effects.
  • Areas of high and low microwave field strength within the oven cavity and product.
  • Different food component and thermal properties.

There are many ways to improve the safety of microwavable products, and doing so will greatly reduce the risk of outbreak of foodborne illnesses related to these products.  As is shown, there is much research and thought going into the betterment of these products to ensure safer products for consumers to prepare.

Whittier Halts Production Indefinitely

Whittier Farms, source of a widespread Listeria outbreak in Massachusetts, has started to sell milk again at its farm store, but not milk from the dairy.  Wayne Whittier, owner of Whittier Farms has stated that “the milk production and bottling plant, it won’t be a place where Whittier Farms will operate again.”

According to the Worcester Telegram,

He indicated that the family hasn’t decided if it will resume production elsewhere someday. He noted that recipes for Whittier specialties, such as chocolate milk and eggnog, are being kept in a safe place.

The Whittier Farms outbreak has been linked to a contamination of Listeria in coffee-flavored and other specialty milks, occurring after the pasteurization process.  Three men died along with two pregnant women, including one miscarriage due to listeriosis.

Taco John's E. Coli Sickens Woman

tacos.jpgA woman from Jesup, Iowa is taking CMT Inc. to court after becoming ill after eating at a Taco John’s restaurant.  Her illness is connected to an E. coli contamination linked to California lettuce, according to the WCF Courier.

The woman became sick in November 2006, and is being represented by Pritzker Law attorney Elliot Olsen.  According to Olsen, “These illnesses represent yet another breakdown in a system which seems incapable of protecting the public from contaminated food.  We believe there are other victims out there who have not yet come forward.”

Pars Cove Runs Business As Usual

Pars Cove, a restaurant in the Lincoln Park area of Chicago, experienced a minor setback due to an outbreak of salmonellosis in hummus dishes served at last year’s Taste of Chicago.  The outbreak sickened 790 people, with 182 confirmed cases of salmonellosis and 30 hospitalizations.  Attorneys at our law firm are representing victims of this outbreak.  

Max Pars, owner of Pars Cove, had an interesting response to the outbreak. According to the Medill Reports of Northwestern University,

He didn’t lay off any of his six employees, he didn’t change prices, which average $13 per entrée, and he didn’t budge on his no-advertising policy. Well, Pars did make one change: he temporarily stopped serving hummus dishes. After a subsequent health inspection, the restaurant corrected six violations, which included a refrigerator not set at the proper temperature and evidence of rodents. As soon as the Health Department gave him the go-ahead, Pars resumed selling hummus dishes.

Business at the restaurant dropped by as much as 20% in the months following the outbreak, but then quickly rebounded. The Chicago Department of Public Health narrowed the source of contamination down to a sesame seed paste used in the hummus dish, but an exact cause may never be known.  Meanwhile, the restaurant remains open and producing hummus dishes as it has always done.

Shigellosis On The Rise

Hand-Washing.jpgOfficials from the Peoria (IL) City/County Health Department report a spike in the number of shigellosis cases.  Caused by the Shigella bacteria, shigellosis affects the intestinal tract and can normally be prevented by proper hand washing.

According to Peoria’s Journal Star,

Randall McClallen, communicable disease coordinator, said the department fields between 20 to 30 reported cases each year. In the past three to four months, however, about 60 cases have been reported, though not all of the cases have been confirmed. So far, no definite connection has been found between the cases.

Shigellosis is usually by spread by persons with the disease when they do not properly wash their hands and come in contact with others.  The infection is also spread by contaminated food. Symptoms of infection include bloody diarrhea, fever, vomiting, and stomach cramps.

Pritzker Law has successfully represented people sickened by Shigella. For a free consultation regarding legal representation, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.

FSIS Initiative to Combat Salmonella

Turkeys.jpgThe USDA’s Food Safety and Inspection Service (FSIS) has recently undergone significant changes in testing and policy to reduce the threat of foodborne illnesses caused by Salmonella. The CDC reported in 2006 that Salmonella was responsible for 38.6% of human foodborne illnesses, the most common among any pathogens. 2006 was also when FSIS introduced a new initiative to combat the presence of Salmonella in raw meat and poultry by categorizing production establishments based on their rates of Salmonella according to current standards.

Categories are divided as follows, according to an FSIS news release:

Category 2 establishments are those with sample set results above half but not exceeding the current standard for one or both of their most recent sample sets and Category 3 are those that are exceeding the current standards. Category 1 establishments have the lowest Salmonella rates of the three categories with sample set results at or below half of the current standards.

Results from the verification sample set results from Categories 2 and 3 will be posted on the FSIS web site on March 28, 2008. The third quarter report from 2007 saw a significant change in the occurrence of Salmonella since the first quarter of 2007.  According the release:

Eighty-four percent of turkey slaughter establishments are now Category 1, the other 16 percent are in Category 2. These numbers represent significant improvement from the first quarter of 2007 where 53 percent of establishments were in Category 1, 38 percent in Category 2 and three percent at Category 3. For broilers, the percentage of establishments in Category 1 is 73 percent and the percentage of establishments in Category 2 is 23 percent. This figure is up by ten percent from the first quarter of 2007. This is compared with only 35.5 percent of broiler establishments performing in Category 1 after the first quarter of 2006.

Not only has FSIS been collecting thorough data on the progress of establishments in controlling the presence of Salmonella, but they have also developed the Salmonella Initiative Program which allows Category 1 establishments to utilize new procedures, equipment, and processing techniques to further improve the control Salmonella control.  The establishments who choose to take part in program collect samples every shift which are sent to FSIS for analysis so that even more data can be collected. 

FSIS is also focusing more on the large establishments that produce most raw beef rather than all of the smaller establishments that produce relatively small amounts of the nation’s raw ground beef supply. FSIS is also making sure that all sub-groups of establishments (i.e. all ratite or religious-exempt operations) are identified and sampled.  This data from all sub-groups is collected and compared to data from the CDC’s PulseNet to discover more information on what products under FSIS jurisdiction are causing foodborne illness.

Shiloh Farms Recalls Sesame Seeds

Sesame-Seeds.jpgShiloh Farms of New Holland, Pennsylvania is recalling their Organic Unhulled Sesame Seeds due to possible Salmonella contamination.  The contamination was discovered during an FDA test of a sample of the sesame seeds from a Shiloh Farms supplier.  Shiloh Farms distributes its products to 98 different health food stores in New York, Connecticut, New Jersey, Massachusetts, Virginia, Pennsylvania, Maryland, and Arkansas.

According to an FDA press release,

This product comes in a 12 oz blue and white 5” x 8” plastic bag with a Shiloh Farms logo and USDA organic symbol. The UPC bar code number is 047593303545. The firm’s name and address appears on the back of the plastic bag. Product distributed between November 1, 2007 and January 25, 2008 is being recalled. Only product with lot codes 17503 and 17133 are affected.

No illnesses have been reported, but symptoms include fever, diarrhea (possibly bloody), nausea, vomiting, and abdominal pain.  Salmonella can be lethal in the elderly, young, and those with weak immune systems and can also cause arterial infections, endocarditis, and arthritis if present in the blood stream.

To contact a Salmonella lawyer, please call our firm toll-free at 1-888-377-8900 or submit the firm's free case consultation form.

Rare Salmonella Strain Linked to Raw Fish

Sushi.jpgA relatively rare strain of Salmonella has been linked to the consumption of raw fish and raw ahi on the island of Oahu in Hawaii. About 30 cases have been confirmed since October and a few other cases were reported on the mainland U.S.

The strain of Salmonella responsible is known as Paratyphi B.  Dr. Paul Effler, a state epidemiologist, states that the rarity of the strain “doesn’t necessarily mean it’s serious.  It’s just more uncommon.” According to the Honolulu Star Bulletin,

Hawaii has about 300 cases of salmonella food poisoning from various strains every year, Okubo (Janice Okubo, state Health Department spokeswoman) said. There were 330 last year and 265 in 2006. Usually, only about 10 cases of Paratyphi B occur annually, she said.

Five people in Hawaii were hospitalized and have all since recovered.  Genetic fingerprinting of the strain also connected the cases in Hawaii with two cases in Colorado and a case in California, all of which were related to eating raw fish.

Possible Link Between E. Coli and Ethanol Byproduct

Cow-Gazing.jpgConcern over global warming has pushed research to developing cleaner fuel resources, one of which includes using ethanol as a fuel additive. The ethanol industry has in turn driven up the price of corn for cattle producers to use as feed. Distillers grain, a byproduct of ethanol, can be used as cattle feed and is much cheaper compared to corn. But as recent years have seen the increase of the use of distillers grain, last year marked a record for the most beef recalls due to E. coli 0157:H7 contamination, including the largest in U.S. history, the Topps Meat recall.

The possible correlation between distillers grain and E. coli 0157:H7 has spawned a great deal of research.  According to the Des Moines Register,

Researchers at Kansas State University noticed the possible E. coli connection to distillers grains in 2005. A second study found a twofold increase in E. coli levels in cattle fed the product compared with those that ate only corn. Research at the University of Nebraska showed mixed results. Cattle fed a diet comprising 10 percent to 30 percent distillers grains actually had lower rates of E. coli than cattle on a diet of all corn. But cattle fed 40 percent to 50 percent distillers grains showed higher E. coli rates.

Currently, the U.S. Animal Research Center in Clay Center, Nebraska is conducting an experiment to test a possible link between the grain and the bacteria.  The center is unique in that it has the capability of conducting large scale experiments to test on cattle.  According the Associated Press,

The research involves 600 cattle. Half are being fed a traditional grain feed and half are being fed distiller's grain. The research will wrap up in June after the cattle have been sold for slaughter and samples of their carcasses have been collected.

The cattle fed with distillers grains receive a diet of 40 percent distillers grains.  The research will be a valuable insight into both the beef and ethanol industry. The study hopes to gain a greater understanding of E. coli 0157:H7 so that its dangerous effects can be prevented. The bacteria can cause stomach cramps and diarrhea that may turn bloody within one to three days.  It can also be lethal to the elderly, children, and those with weak immune systems.

Raw Milk, Pasteurized Milk and Listeria

Glass-of-Milk.jpgThe Listeria outbreak linked to pasteurized milk products from Whittier Farms has brought to light the dangers of pasteurized food.  Health officials believe that the contamination of the Whittier Farms milk happened during processing, after pasteurization.  Although pasteurization killed any pathogens in the milk, contamination still occurred during the bottling process. 

Even though post-pasteurization contamination can occur, pasteurized milk is still safer than raw milk.

The pasteurization process effectively kills many pathogens, including Listeria, in milk,  Food safety advocates are generally pro pasteurization and against the sale of raw milk.  The FDA has nothing good to say about raw milk:

Pasteurization, since its adoption in the early 1900s, has been credited with dramatically reducing illness and death caused by contaminated milk. But today, some people are passing up pasteurized milk for what they claim is tastier and healthier "raw milk."

Public health officials couldn't disagree more.

Drinking raw (untreated) milk or eating raw milk products is "like playing Russian roulette with your health," says John Sheehan, director of the Food and Drug Administration's Division of Dairy and Egg Safety. "We see a number of cases of foodborne illness every year related to the consumption of raw milk."

More than 300 people in the United States got sick from drinking raw milk or eating cheese made from raw milk in 2001, and nearly 200 became ill from these products in 2002, according to the Centers for Disease Control and Prevention.

Raw milk may harbor a host of disease-causing organisms (pathogens), such as the bacteria campylobacter, escherichia, listeria, salmonella, yersinia, and brucella. Common symptoms of foodborne illness from many of these types of bacteria include diarrhea, stomach cramps, fever, headache, vomiting, and exhaustion.

Proponents of raw milk believe pasteurized milk is unhealthy, as indicated by this passage found on the website BecomeNatural.com:

Pasteurization destroys enzymes, diminishes vitamin content, denatures fragile milk proteins, destroys vitamins C, B12 and B6, kills beneficial bacteria, promotes pathogens and is associated with allergies, increased tooth decay, colic in infants, growth problems in children, osteoporosis, arthritis, heart disease and cancer.

The raw milk debate has been brought before federal courts. According to Marketwire,

The public health community has been united in stating that consumption of raw milk is not healthful, but, in fact, is harmful. This matter has been litigated and, in the matter of Public Citizen vs. Heckler in 1986, the Federal District Court concluded that the record presents "overwhelming evidence of the risks associated with the consumption of raw milk both certified and otherwise."

Currently, the United States bans any interstate commerce dealing with raw milk.  Some states have banned the sale of raw milk. We stand with the FDA, the courts and legislative bodies on this issue--the consumption of raw milk poses far too many dangers to not be regulated by state and federal food safety agencies.

European Union Aware of Listeria Danger

There a rising concern in both the United States and the European Union (EU) about the risk of Listeria contamination. Listeriosis has recently caused the deaths of three elderly men and a miscarriage due to the Whittier Farms outbreak in the United States.  In Europe, the occurrence of listeriosis has increased 8.6%.

The European Food Safety Authority (EFSA) released a report warning manufacturers and consumers of the dangers of Listeria and offered advice to protect against outbreaks like Whittier.  According to Dairy Reporter,

The EFSA panel recommended that to better assess the risk of the foods responsible for listeriosis it was necessary to investigate listeriosis cases more thoroughly and generate and analyze data on the consumption in the EU of ready-to-eat foods in which Listeria can be found.

Storage temperature at retail and in domestic refrigerators can also vary significantly, raising the risk of growth of the bacteria, said the report. The panel also advised that consumers should take care to keep food at recommended storage temperatures at all times, and take note of the shelf-life of food in their refrigerators.

Small Turtles Linked to Multistate Salmonella Outbreak

turtle-slider.jpgAccording to an article in this week’s issue of the Morbidity and Mortality Weekly Report (MMWR), a CDC investigation into a multistate Salmonella outbreak determined the source of the outbreak to be pet turtles. Due to past Salmonella outbreaks linked to pet turtles, the sale and distribution of small turtles (those with a shell less than 4 inches long) has been prohibited in the United States since 1975. Despite this, small turtles are still available.

The CDC was first notified of this Salmonella outbreak in October of 2007, when the North Carolina Division of Public Health (NCDPH) notified CDC of human infections caused by Salmonella serotype Paratyphi B L (+) tartrate (+) (Salmonella Paratyphi B var. Java) in several states.

The outbreak began in May of 2007, but two cases in August were pivotal in determining the source of the outbreak:

On August 31, 2007, a girl aged 13 years visited a South Carolina hospital emergency department, where she reported a 5-day history of bloody diarrhea, abdominal cramps, fever, and vomiting. She was treated with trimethoprim-sulfamethoxazole and intravenous fluids but was not hospitalized. Her illness resolved in 7 days. A stool specimen yielded Salmonella Paratyphi B var. Java. Also on August 31, a girl aged 15 years was admitted to a North Carolina hospital with acute renal failure and a 4-day history of bloody diarrhea, abdominal cramps, fever, and vomiting. She was hospitalized for 8 days and recovered fully.

A joint investigation by NCDPH and the South Carolina Department of Health and Environmental Control revealed that, on August 24, the two girls had swum in an unchlorinated, in-ground swimming pool belonging to the family of the older girl. Two pet turtles belonging to the family also were permitted to swim in the pool. The turtles, both of which had carapace lengths of less than 4 inches, had been purchased recently from a pet shop in South Carolina. A water sample collected from the turtle habitat yielded Salmonella Paratyphi B var. Java with an XbaI pattern indistinguishable by pulsed-field gel electrophoresis (PFGE) from the isolates of the younger girl. Stool specimens were not collected from the older girl.

On October 5, NCDPH informed PulseNet† that tests of isolates from three other persons revealed Salmonella Paratyphi B var. Java with an XbaI pattern indistinguishable from the isolates of the younger girl and the turtle habitat (defined as the outbreak strain). On October 5, in response to a request issued by NCDPH through PulseNet, several other state health departments reported human Salmonella Paratyphi B var. Java isolates with an XbaI pattern indistinguishable from the outbreak strain.

The Ohio Department of Health provided further evidence of a turtle associated outbreak by reporting that isolates indistinguishable from the outbreak strain had been obtained from a patient with exposure to a small turtle during the week before illness onset, from that patient’s pet turtle, and from water collected from the turtle’s habitat.

As of January 18, 2008, a total of 103 Salmonella (salmonellosis) cases with isolates indistinguishable from the outbreak strain had been reported to CDC from 33 states.

 

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Listeria and Pasteurized Milk

It has long been known that the pasteurization process effectively kills many pathogenic organisms, including the bacteria Listeria monocytogenes, which should make pasteurized milk and other products safe for human consumption.  However, an outbreak of listeriosis in Massachusetts has lequestioned the safety of pasteurized milk.  Pasteurized milk products from Whittier Farms resulted in the deaths of three elderly men and sickened two pregnant women, resulting in one miscarriagephoto.jpg

Pasteurization is by no means cutting edge technology, developed by Louis Pasteur and Claude Bernard in 1862. Listeria outbreaks are also anything but new to Massachusetts. A Listeria outbreak occurred in the state in 1983. The source of the 1983 outbreak was whole and 2% pasteurized milk.

In 1988, the CDC’s Morbidity and Mortality Weekly Report released a story dealing with the effectiveness of pasteurization to control listeriosis. The CDC evaluated multiple studies testing varying amounts of Listeria contamination in milk and concluded that the process does indeed protect against listeriosis.  The report also quoted the World Health Organization (WHO) Working Group on foodborne listeriosis which stated that "pasteurization is a safe process which reduces the number of L. monocytogenes occurring in raw milk to levels that do not pose an appreciable risk to human health."

The United States and the WHO agree that pasteurization works. Even though the process has been proven to work through scientific experiments, Massachusetts seems to have a problem keeping Listeria out of pasteurized milk, most recently in products from Whittier Farms.

Whittier Farms has undergone intense investigation to get to the source of the contamination. According to an article from the Worcester Telegram:

The findings do not pinpoint where contamination of the milk occurred, according to state officials, but they do suggest that listeria bacteria colonized somewhere in the processing plant, and entered the milk products at some point after pasteurization and during the production process.

The findings show that the pasteurization process is not to blame. There were problems at Whittier with introducing Listeria to the milk after the process had killed the bacteria previously present in the milk. If Listeria is going to find its way into processed milk, why pasteurize it to begin with?

To quote Louis Pasteur, “Let me tell you the secret that has led me to my goal.  My strength lies solely in my tenacity.” Pasteur invented a process that effectively eliminates bacteria such as Listeria, but to reach the goal of fully preventing the contamination of milk in the nation’s dairies, the government and dairies themselves will require tenacity and determination to protect products after the pasteurization process.

Lighting Technology Controls Listeria Contamination

Produce.jpgAlthough the Listeria outbreak originating with Whittier Farms has questioned the safety of the nation’s dairy supply, new technology holds the promise of protecting fresh produce from the potentially lethal bacteria among other pathogens.  PureRay Lighting Technology from Global Warming Solutions replaces florescent lighting to dramatically increase the shelf life of produce, all while reducing energy costs.

According to PR-inside.com,

The PureRay Light system is a proprietary design comprised of light-emitting diodes (LEDs) assembled in arrays. Since the light itself is safe, PureRay could be deployed in production facilities, transportation and storage systems and display areas in stores.

PureRay either kills or suppresses pathogens such as Listeria monocytogenes, as well as E. coli, blue mold and yeasts.  The technology reduces the spoiling rate of produce and stimulates its natural life processes which keep it fresh longer.  The light also protects deep inside the produce tissue, not just on the surface.

The company behind PureRay, Global Warming Solutions, maintains an emphasis on reducing the effects of global warming, and PureRay will save energy consumption in a variety of ways.

PureRay lighting systems could replace fluorescent tubes in refrigerated or non-refrigerated display cases and shelves. Besides prolonging the shelf life of fresh produce by up to 50%, PureRay offers 15% energy savings over traditional under-shelf lighting solutions. PureRay offers significant improvements in energy efficiency, life-time of the lighting fixture, customer safety, product illumination, scalability and design flexibility, helping grocers meet targets for reducing their carbon footprint.

PureRay could be the next step to increasing food safety of fresh produce.  Added measures to kill and suppress Listeria contamination can save lives, as the results of the Whittier outbreak has shown consumers.  There have been four deaths associated with the Whittier Farms Listeria outbreak--three elderly men and an unborn baby.  Read about Listeria miscarriage and Listeria wrongful death.

New Theory About Whittier Listeria Contamination

Massachusetts state health officials think they may have pieced together the evidence to explain how milk produced at Whittier Farms became contaminated with a lethal strain of Listeria.  The outbreak has already led to the death of three elderly men and a miscarriage.

Samples taken from the Whittier Farms plant showed that the strain of Listeria found in the five victims was identical to a strain found on the floor of the plant and in equipment used after pasteurization. The same strain was also found in seven unopened containers of milk that were on shelves at the retail store next to the plant. Different strains were also found in the plant, but had no relation to the reported illnesses.

According to the Boston Globe,

State investigators said they were unsure how listeria made its way inside the Whittier plant, which had received good marks in earlier inspection reports. Perhaps workers carried it on their clothing or shoes from elsewhere on the farm, said Suzanne Condon, the top environmental health official at the state Department of Public Health. Another possibility: Spray hoses used for cleaning might have disseminated the germ.

Although it is not known how the events of Listeria entering the plant and then contaminating pasteurized milk occurred, this new evidence gives officials the best idea of what exactly happened at Whittier Farms.  The diary is still under intense investigation until all the pieces of the puzzle are able to be put together.

New Infrared Pasteurization Process Kills Listeria

With the outbreak of Listeria monocytogenes in pasteurized milk products from Whittier Farms looming over the food safety world, a new study suggests safer and more effective ways of killing the bacteria during the pasteurization process.  A study conducted by L. Huang and J. Sites published in the Journal of Food Science showed the effective elimination of Listeria from hotdogs with a new infrared pasteurization process.

Hot-Dog.jpgThe study was directly aimed at ready-to-eat meats such as hotdogs in order to kill Listeria on the surface of the meats.  The process utilized an infrared emitter, a hotdog roller, an infrared sensor, and a temperature controller. The sensor monitored the surface temperature of the hotdogs while the emitter was the heating source.

According to the article:

The infrared surface pasteurization was evaluated using hotdogs that were surface-inoculated with a 4-strain L. monocytogenes cocktail to an average initial inoculum of 7.32 log (CFU/g). On the average 1.0, 2.1, 3.0, or 5.3 log-reduction in L. monocytogenes was observed after the surface temperature of hotdogs was increased to 70, 75, 80, or 85 °C, respectively. Holding the sample temperature led to additional bacterial inactivation. With a 3 min holding at 80 °C or 2 min at 85 °C, a total of 6.4 or 6.7 logs of L. monocytogenes were inactivated.

The infrared pasteurization was successful in killing the bacteria that contaminated the surface of the hotdogs. Since the Whittier outbreak has shaken consumer confidence in the pasteurization process, it is good to see that pasteurization procedures are being reevaluated to provide a safer food source.  (We are aware that the Listeria contamination at Whittier Farms most likely happened post pasteurization.  Even so, the outbreak suggests the need to review pasteurization procedures.)

Long-Term Health Problems Associated with Foodborne Illness

As food safety lawyers, we know that foodborne illnesses can lead to serious health problems that may not manifest themselves until months or years after a person first becomes ill. That is why compensation packages for victims of foodborne outbreaks need to include amounts for future medical expenses and future pain and suffering. 

Delayed health consequences of foodborne illnesses are discussed in one of today's AP stories, “Food Poisoning Can Be Long-Term Problem”:   

It's a dirty little secret of food poisoning: E. coli and certain other foodborne illnesses can sometimes trigger serious health problems months or years after patients survived that initial bout. Scientists only now are unraveling a legacy that has largely gone unnoticed.

What they've spotted so far is troubling. In interviews with The Associated Press, they described high blood pressure, kidney damage, even full kidney failure striking 10 to 20 years later in people who survived severe E. coli infection as children, arthritis after a bout of salmonella or shigella, and a mysterious paralysis that can attack people who just had mild symptoms of campylobacter.

In an effort to document and study some of these health affects, S.T.O.P. (Safe Tables Our Priority) is creating a national registry of foodborne illness survivors with long-term health problems, according to AP. The story quotes Donna Rosenbaum, Executive Director of S.T.O.P., "We're drastically underestimating the burden on society that foodborne illnesses represent."

The AP story discusses some of the long-term health consequences of an E. coli infection that has led to the development of hemolytic uremic syndrome (HUS):

About 10 percent of E. coli sufferers develop a life-threatening complication called hemolytic uremic syndrome, or HUS, where their kidneys and other organs fail.

Ten to 20 years after they recover, between 30 percent and half of HUS survivors will have some kidney-caused problem, says Dr. Andrew Pavia, the university's pediatric infectious diseases chief. That includes high blood pressure caused by scarred kidneys, slowly failing kidneys, even end-stage kidney failure that requires dialysis.

The story also discusses how many of the nations Guillain-Barre cases are associated with previous Campylobacter infections:

About 1 in 1,000 sufferers of campylobacter, a diarrhea-causing infection spread by raw poultry, develop far more serious Guillain-Barre syndrome a month or so later. Their body attacks their nerves, causing paralysis that usually requires intensive care and a ventilator to breathe. About a third of the nation's Guillain-Barre cases have been linked to previous campylobacter, even if the diarrhea was very mild, and they typically suffer a more severe case than patients who never had food poisoning.

The story points out the connection between reactive arthritis and Salmonella, Shigella and Yersinia:

A small number of people develop what's called reactive arthritis six months or longer after a bout of salmonella. It causes joint pain, eye inflammation, sometimes painful urination, and can lead to chronic arthritis. Certain strains of shigella and yersinia bacteria, far more common abroad than in the U.S., trigger this reactive arthritis, too.

Investigation Suggets Means of Contamination at Whittier

The continuing investigation into the Listeria monocytogenes outbreak at Whittier Farms leads experts to believe that contamination may be due to cleaning procedures at the dairy. The Massachusetts Department of Public Health (MDPH) took more than 100 environmental and milk samples from the dairy, revealing definite connections between the strains found at the plant and five cases of listeriosis.

According to Medical News Today,

So far nine samples from the plant have tested positive for the same strain of Listeria that was found in four of the five people who fell ill with Listeriosis after consuming products from the plant. No sample was available to test the fifth case, a 31 year old woman who has since made a full recovery and been delivered of a healthy baby.

It is also important to note that three of the cases involved the death of elderly men and a fourth case led to a miscarriage.

No concrete evidence narrows the exact source of contamination, however three of the four positive Listeria tests taking from the dairy were found in sections of the processing plant that dealt with milk after the pasteurization process.

In a recent press release by MDPH it was stated that

The presence of Listeria in the physical plant of the facility is consistent with contamination occurring during post-pasteurizing processing and bottling. One theory under consideration by health officials is that cleaning activities at the plant may have unintentionally caused contamination of the processing equipment allowing bacteria to enter the finished milk products.

Most of the positive samples at the dairy were found in flavored milk products. Public health investigators believe that the sugar content in the flavored milks may have provided an environment conducive to the growth of Listeria.

Other than the five reported cases of listeriosis, no new cases have been reported. Any cases involving the contaminated milk can be used in a lawsuit against Whittier Farms. Food safety attorney Fred Pritzker has recovered millions for victims of foodborne illness outbreaks. He is also an advocate for food safety. To contact Fred, please call toll-free at 1-888-377-8900 or submit the firm’s free case consultation form.

Kroger Bean Salad Botulism Risk

Ohio and Michigan E. coli Outbreak Associated with Kroger Ground Beef
June 25, 2008 - According to the Michigan Department of Community Health (MDCH), ground beef sold at Kroger grocery stores has been associated with an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit..

Green-Beans.jpgKroger deli bean salad, specifically Deli Chef Tri-Bean Salad, has been recalled due to possible contamination with Clostridium botulinum, the bacterium that can cause botulism, a life-threatening foodborne illness. The recalled Kroger bean salad was sold from Kroger deli counters in Colorado, Illinois, Indiana Kansas, Kentucky, Michigan, Missouri, Nebraska, Ohio, New Mexico, Utah, Washington, West Virginia, and Wyoming.

Consumers who have eaten this salad should be aware that the incubation period for Clostridium botulinum (the time it takes for botulism symptoms to appear) is 6 hours to 10 days. Symptoms of foodborne botulism generally begin 18 to 36 hours after eating a contaminated food. 

ANY LEFTOVER KROGER BEAN SALAD SHOULD NOT BE EATEN. If someone ate some of the salad, dispose of it after the 10-day incubation period (contact our law firm regarding having the leftovers tested if someone is diagnosed with botulism - 1-888-377-8900 toll-free). If no one ate some of the recalled Kroger bean salad, dispose of it immediately. 

When you dispose of the salad, be extremely cautious. A small amount of the botulism toxin can lead to illness and possible death. Please wear disposable gloves, put it in double plastic bags and throw the bean salad and the disposable gloves away. Wash your hands for at least 20 seconds under warm water, and lather up your hands well.

Again, the Kroger bean salad recall involves Deli-Chef Tri-Bean Salad sold from Kroger deli counters in Colorado, Illinois, Indiana, Kansas, Kentucky, Michigan, Missouri, Nebraska, Ohio, New Mexico, Utah, Washington, West Virginia, and Wyoming. We are concerned about this recall and urge caution.

The potential botulism risk is due to the use of canned green beans that were processed under conditions which could have led to contamination by Clostridium botulinum bacterium spores. The text of the New Era Canning Company Recall can be found on the FDA website at this location: http://www.fda.gov/oc/po/firmrecalls/newera201_08.html.

Listeria Deaths Linked to Pasteurized Milk

bottle-of-milk120.jpgThe recent Listeria outbreak linked to Whittier Farms pasteurized milk is a reminder that no food is completely safe from foodborne pathogens. The outbreak has killed four people, 3 elderly men and an unborn baby. (Learn about Listeria miscarriage and Listeria wrongful death.)

Pasteurization is supposed to kill any foodborne pathogens present in the raw product. However, contamination can occur after the pasteurization process, which is undoubtedly what happened in this case. Listeria contamination occurs when a processing facility is not kept clean enough to kill any Listeria monocytogenes bacteria that may have found its way into the plant. Listeria can lurk in drains, registers, equipment and other areas.

The Massachusetts Department of Public Health investigation into this outbreak used genetic fingerprinting tests to connect the deaths with Whittier Farms milk. The outbreak strain of Listeria monocytogenes (each outbreak has a unique strain) has been found in samples obtained from those sickened, milk found at a victims home, and milk found at the Whittier Farms processing plant. These results can be used as evidence in a Whittier Farms lawsuit.

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16 Listeria Samples Found at the Whittier Farms Milk Processing Plant

listeria-bacteria-2.jpgThe Massachusetts Department of Public Health (MDPH) continues its investigation into the Listeria outbreak linked to contaminated Whittier Farms milk. According to the MDPH, additional samples of milk products and several environmental samples taken at the Whittier Farms milk processing plant have tested positive for Listeria monocytogenes.

The following is from a MDPH press release regarding this Listeria outbreak.

The processing plant, located in Shrewsbury, Massachusetts remains closed and will not re-open until cleared to do so by the MDPH Food Protection Program and U.S. Food and Drug Administration (FDA) Regional Milk Specialists.

One environmental swab, one sample of skim milk and seven flavored milk samples tested positive for the same strain of Listeria found in four of the five cases linked to this outbreak. No sample was available to test in the fifth case linked to the outbreak — a 31 year-old pregnant woman from Middlesex County who drank Whittier milk products and was diagnosed with listeriosis, with a positive culture for the bacteria in September. The woman delivered a healthy child, and mother and child are well.

More than 100 environmental and milk samples were taken from the processing plant as part of the investigation. A total of twelve milk samples and four environmental samples tested positive for varying strains of Listeria contamination (see summary below).

The findings do not pinpoint where the contamination of the milk occurred, but they do suggest that Listeria bacteria colonized somewhere in the processing plant and that the bacteria entered the milk products at some point during the production process. Records indicate that the plant’s equipment met federal standards for time, temperature and flow for effective pasteurization, however, pasteurization at the processing plant will be further examined.

The presence of Listeria in the physical plant of the facility is consistent with contamination occurring during post-pasteurizing processing and bottling. One theory under consideration by health officials is that cleaning activities at the plant may have unintentionally caused contamination of the processing equipment allowing bacteria to enter the finished milk products. Three of the four positive environmental tests for Listeria were collected from sections of the plant that are considered part of the post-pasteurization areas of the facility.

Public health investigators are also closely scrutinizing the lab results from Whittier milk products to determine why most of the Listeria positive milk samples were found in flavored milk products. Health officials theorize that the sugar content of the flavored milk products provided an environment that enhanced bacterial growth.

The Listeria outbreak linked to milk products produced at Whittier Farms represents the first such foodborne outbreak connected to a Massachusetts food processing plant in more than 20 years. Five cases have been linked to the outbreak including three elderly men and two pregnant women. The three elderly men have died.  [Read about  Listeria miscarriageListeria wrongful death, and a Whittier Farms lawsuit.]

No new cases have been identified as part of the outbreak investigation.

Health officials stressed the risk to public health remains low because Whittier Farms halted milk processing operations immediately after being informed by the MDPH about the link to the current outbreak. They also emphasized that an outbreak of Listeria in pasteurized milk products is extremely rare; the source of the outbreak appears to be confined to the Whittier Farms milk processing plant; and they believe the general milk supply is safe.

The MDPH staff continue to work with Whittier Farms on the investigation and will work with the Farm’s management on a recovery plan for the Shrewsbury processing plant. Milk processing will not take place until efforts to eradicate the bacteria at the plant are complete, and testing has confirmed that milk products produced at the facility are safe.

Massachusetts public health officials also continue to work with other agencies, including U.S. Food and Drug Administration and the Massachusetts Department of Agricultural Resources to complete the investigation and review whether changes are needed in current state regulations or in the federally mandated inspection and testing processes for dairy farms and plants.

Summary of Listeria Positive Laboratory Tests

Sample

Description

Listeria Strain

Coffee flavored milk

Glass, Quart

A*

Coffee flavored milk

Glass, Quart

A*

1% Chocolate flavored milk

Plastic, 8 oz.

A*

Chocolate flavored milk

Plastic, 8 oz.

A*

Chocolate flavored milk

Plastic, Pint

A*

Vanilla flavored milk

Glass, Quart

A*

Strawberry flavored milk

Plastic, 8 oz

A*

Skim milk

Glass, Quart

A*

1% Chocolate flavored milk

Glass, Quart

B**

Coffee flavored milk

Glass, Quart

B**

1% milk

Glass, Quart

B**

2% milk

Glass, Quart

C**

* Denotes Listeria strain consistent with outbreak strain
** Denotes Listeria strain not consistent with outbreak strain or known human cases

Environmental Samples

Description

Listeria Strain

Environmental Swab 1

Floor near homogenizer

A*

Environmental Swab 2

Drain in fill room

D**

Environmental Swab 3

Bottle washer washband

E**

Environmental Swab 4

Empty unwashed bottle

F**

* Denotes Listeria strain consistent with outbreak strain
** Denotes Listeria strain not consistent with outbreak strain or known human cases

Florida Cheese Recall

The Florida Department of Agriculture has recalled cheese from a Miami based company due to an E. coli contamination according to CBS 4 in Tallahassee. Samples were collected from Santa Rosa Cheese’s warehouse in Miami revealing that the manufacturer’s Naturally Aged White Cheese was contaminated with E. coli.

Tests showed that the cheese was contaminated with a generic strain of E. coli and not the potentially dangerous E. coli 0157:H7. The affected products bear the codes 565 and 589 which come in various different packaging. Stores selling the contaminated cheese are asked to return it to the manufacturer, whereas consumers should return the cheese to the store of purchase.

Where's the Recalled Rochester Meat Company Beef?

ground-beef.jpgRochester Meat Company, a Rochester, Minn., firm recalled about 188,000 pounds of ground beef products because they may be contaminated with E. coli O157:H7. The recall was prompted by 6 cases of E. coli O157:H7, five in Wisconsin and one in California.

According to the USDA-FSIS announcement regarding the recall, the meat was sold in bulk to restaurants and food service institutions, but the announcement did not name any of the restaurants or food service institutions where the recalled meat may have been served.  (Read more about the Rochester Meat Company recall.)

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Columbus Tightens Food Safety Laws

Columbus%2C-Ohio.jpgAs the federal government struggles to ensure the safety of our food, some local governments are increasing their food-safety efforts and making a significant difference.  For example, food inspectors in Columbus, Ohio are cracking down on food safety among local restaurant owners, according to the Columbus Dispatch. Ever since the state of Ohio adopted the national food model in 2001, more cases have been brought to the Columbus Board of Health than ever before.

According to the Columbus Dispatch, the board has taken action against restaurants 82 times since 2005 as opposed to the 10 times in the previous seven years. The laws had not changed in nearly 50 years when the state adopted the new code. Under the new laws, restaurant owners and managers in charge became responsible for the actions of their workers and prohibited the handling of food with bare hands.

The new laws and increased enforcement are sure to make Columbus restaurants even better places to eat.

Challenges Facing the Nation's Food Supply

The amount and variety of foodborne illnesses in the United States has increased in recent years due to changes in America’s eating habits and the adequacy of government regulation over food production, according to a story in U.S. News & World Report.

The number of outbreaks of foodborne illness has not increased, but scientists and experts have noticed a growing number of contaminations in foods never before affected by pathogens. These new sources of outbreak have included spinach, peanut butter, and vegetarian snack foods. Government agencies do not fully understand how these products become contaminated and also have problems locating sources of contamination before products are sold to consumers.

Although the number of Listeria outbreaks declined, there have been numerous Listeria recalls and a recent Listeria outbreak linked to Whittier Farms milk that has killed 4 people.   Although the number of Salmonella outbreaks has not risen, there have been several recent Salmonella outbreaks that have sickened hundreds (thousands if one counts unconfirmed cases) of people.

There is an increasing amount of E. coli 0157:H7 contamination occurring, both in ground beef and fresh produce.  The alarming rise in ground beef recalls due to possible E. coli  contamination may be due to the rise in ethanol production and the cattle feed that is made from the by products.  Employment practices and lax sanitation standards may also be responsible for the contamination.  Whatever the cause, over 33 million pounds of ground beef have been recalled in the last year and hundreds of people have been sickened in E. coli outbreaks.

With consumer demands for fresh produce and not cooking the produce, opportunities for the growth of E. coli have drastically increased. The U.S. News and World Report story pointed out that In California, home to the largest milk and produce industry in America, the different agricultural industries compete for land, often putting cattle farms right next to produce farms, which increases the spread of E. coli into produce.

The story goes on to say that improvements to the food industry are hindered by the increasing size of the food industry itself. Large farms ship their products to large processing plants that ship the products via large distribution firms. The growing size of monopolies in the food industry makes sure that any contamination will occur on a massive scale.

The increasing size of the food industry also makes it difficult for government agencies to regulate food safety, the story states. Government funding to the FDA and USDA has been cut in the past decade, and the division of funding is greatly disproportionate. The USDA which handles 20% of foods receives 80% of government funding, whereas the reverse is true for the FDA. 

All in all, the problem of the monopolized food industry with the growing demand for fresh produce increases the risk for the outbreak of foodborne illnesses in ways never before expected. This also presents a new challenge to an already struggling bureaucracy charged with regulating the nation’s food products.

Dee Creek Pays Fine For E Coli Violations

Dee Creek Farm has paid a fine from the state of Washington, ending their E. coli outbreak, according to The Daily News. The farm, located in Woodland, Washington, was the center of a Dec. 2005 E. coli outbreak which sickened 18 people. 

Unpasteurized milk sold by Dee Creek was contaminated with E. coli, leading to the hospitalization of five children, leaving two in critical condition. When the state investigated the farm, they found various violations, including lack of a dairy license and failure to test animals for diseases. The state fined Dee Creek Farm $8000 for the violations.

According to The Daily News, Anita and Mike Puckett, owners of Dee Creek, stated that a dairy license was not needed because they did not directly sell cow milk. The Pucketts appealed the $8000 fine, but before the appeals hearing, they agreed to pay the fine. The Pucketts still claim innocence in the matter, but the state says that paying of the fine shows guilt. The Washington Legislature has since clarified matters dealing with dairy licenses.

John Powers Victim in Whittier Farms Listeria Outbreak

Officials report the death of 88-year-old John J. Powers from drinking Listeria contaminated milk from Whittier Farms, according the Metro West Daily News. Born on December 25, 1919, Mr. Powers was an avid Boston Red Sox fan and World War II veteran, the story states.

Powers contracted listeriosis from pasteurized milk produced by Whittier Farms and purchased at Shady Oaks Farms in Medway, Massachusetts. Dr. Alfred DeMaria, director of communicable diseases of the Massachusetts Department of Public Health, reports that coffee flavored milk in Powers’ refrigerator tested positive for Listeria.

Mr. Powers became ill right after Thanksgiving, while two other elderly men died from listeriosis in June and October. (Read about  Listeria / listeriosis wrongful death.) Two pregnant women were also sickened in this outbreak; one of them had a miscarriage. (Read about Listeria, listeriosis and miscarriage.) The deaths have halted production at Whittier Farms, including Whittier, Schultz, Balance Rock, Spring Brook, and Maple brand names of whole milk, 1 percent, 2 percent, skim milk and heavy cream, and the low-fat chocolate, coffee, strawberry, vanilla and eggnog flavors.

Continuing Investigation Into Whittier Farms Listeria Outbreak

Officials from the Massachusetts Department of Public Health are hopeful that the Listeria outbreak linked to Whittier Farms milk is contained, but warn that the outbreak may not yet be over, according to the Worcester Telegram. A warning to consumers was issued on December 27 about the outbreak, and since then the death of three men and a woman’s miscarriage has been linked to the Listeria outbreak.

listeria-bacteria.jpgListeria can incubate for up to 70 days, which will be March 6 or later in this outbreak. Whittier Farms has been ordered to shut down milk production and cannot resume until the plant is cleared by state officials. Whittier Farms provided milk for 31 wholesale accounts, which have since switched to different providers due to the outbreak.

Dr. Alfred DeMaria, director of Communicable Disease Control of the state’s Department of Public Health, insists on keeping a strict watch on the case for at least three more months. Health officials have also revealed that the listeriosis victims were a 75-year-old man who died in June, a 78-year-old man who died in October, and an 87-year-old man who died last Thursday. A pregnant woman’s miscarriage last year was also linked to the outbreak. Another pregnant woman, 31 years old, is also a possible fifth case involved. The woman and her baby are doing fine, according to state health officials.

More than 100 samples were taken from the dairy last week to pinpoint the source of the outbreak and the results are due later this week. Dr. DeMaria also stated that the deaths have been linked to 1% milk and coffee flavored milks produced by Whittier Farms, but other products may also be contaminated. The bacteria in all the cases are identical, which is evidence of an outbreak, according to DeMaria. 

Whittier Farms has kept it stores and farms open for the sale of non-dairy items throughout the outbreak. The dairy has had no previous issues concerning a Listeria outbreak. The state conducts regular inspections of the plant and has previously praised the dairy for its cleanliness and timely response to minor violations.

The outbreak centers on pasteurized milk, only the third such Listeria outbreak in the country’s history, according to Dr. DeMaria. The first outbreak occurred between June and August of 1983, resulting in the death of 14 people. Pasteurized whole and 2% milk was linked to be the source in the outbreak. The second outbreak occurred in 1994, resulting in no deaths, but four hospitalizations due to drinking Listeria contaminated pasteurized milk.

The Whittier Farms outbreak is only the third case in United States history to be linked to pasteurized milk. The Centers for Disease Control and the World Health Organization still maintain that pasteurization kills Listeria bacteria and is a safe process to adequately prevent foodborne illnesses due to Listeria contamination.

Pritzker Law, a leading food safety litigation law firm, has extensive experience with Listeria cases.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.  Read more about the Whittier Farms Listeria outbreak and a possible Whittier Farms lawsuit.

Listeriosis Linked to Whittier Farms Takes Another Life

bottle-of-milk120.jpgA third man has died from a Listeria infection (listeriosis) that has been linked to Whittier Farms milk. According to a story in the Boston Globe:

An 87-year-old Norfolk County man has died from a bacterial infection [listeriosis] linked to tainted milk from a mom-and-pop dairy [Whittier Farms in Central Massachusetts], the third death related to the outbreak, state health authorities reported this afternoon.

Two other elderly men died earlier from listeriosis linked to Whittier Farms milk, and an unborn child died when the child’s mother contracted listeriosis. People seriously sickened by Listeria are usually the elderly, people with compromised immune systems, pregnant women and unborn infants. Contact one of our attorneys for information on Listeria cases we have handled involving pregnancy and wrongful death.

This listeriosis outbreak has now sickened at least 5 people, according to the Boston Globe:

State disease investigators also reported today that the total number of cases of listeriosis attributed to the milk has risen by one, to five. A 31-year-old Middlesex County woman was diagnosed with the disease in September while in the hospital to deliver a baby, said Dr. Alfred DeMaria, the state's director of communicable disease control. Investigators connected her to the milk after discovering that she had consumed 2 percent and whole milk made by Whittier.

The 31-year-old woman and her baby are both healthy, as is a 34-year-old woman whose illness was previously linked to the outbreak. That woman, though, suffered a miscarriage after exposure to the bacteria.

Pritzker Law, a leading food safety litigation law firm, has extensive experience with Listeria cases.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.  Read more about the Whittier Farms Listeria outbreak and a possible Whittier Farms lawsuit.

Pennsylvania Salmonella Outbreak Associated with Mazzi Restaurant

11 people in the state of Pennsylvania have contracted Salmonella poisoning from eating at Mazzi, according to Lancaster Online. The restaurant, located in Leola, Pennsylvania, hosted a Christmas party for the employees of Leola Village Inn & Suites. Over three days, 11 people from the party and from other private parties contracted Salmonella poisoning, as confirmed by the state of Pennsylvania.

Once workers reported illness, the owners quarantined areas of the restaurant and informed the Health Department of the problem. 11 cases confirmed Salmonella poisoning, and 39 others reported sickness. All cases involved eating at Mazzi on Dec. 10, 11, and 12.

The cause of the contamination is unknown, but strawberries, blueberries, and unpasteurized eggs are thought to be possible sources of the Salmonella contamination. The owners of the restaurant take responsibility for the contamination, but state that the contamination could not have been prevented.

Fred Pritzker, a leading foodborne illness litigation attorney is investigating cases of Salmonella.  The firm has a national reputation and has recovered millions for victims of foodborne illness.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.

FSIS Release Precautionary Measures in Case of Weather Emergency

Freezer.jpgThe USDA’s Food Safety and Inspection Service (FSIS) has released a series of points for consumers to prevent the outbreak of foodborne illnesses due to weather emergencies. Severe winter weather and flooding in the western United States has spawned the recommendations from FSIS.

"Power outages can occur at any time of the year and it often takes from a few hours to several days for electricity to be restored to residential areas," said USDA Under Secretary for Food Safety Dr. Richard Raymond. Bacteria can grow rapidly at temperatures between 40° and 140°F. Foods can be at risk when power goes out for extended periods of time.

FSIS has released the following steps to prepare for a weather emergency:

  • Keep an appliance thermometer in the refrigerator and freezer. An appliance thermometer will indicate the temperature in the refrigerator and freezer in case of a power outage and help determine the safety of the food.
  • Make sure the freezer is at 0 °F or below and the refrigerator is at 40 °F or below.
  • Freeze containers of water for ice to help keep food cold in the freezer, refrigerator or coolers after the power is out.
  • Freeze refrigerated items such as leftovers, milk and fresh meat and poultry that you may not need immediately — this helps keep them at a safe temperature longer.
  • Plan ahead and know where dry ice and block ice can be purchased.
  • Store food on shelves that will be safely out of the way of contaminated water in case of flooding.
  • Have coolers on hand to keep refrigerator food cold if the power will be out for more than 4 hours. Purchase or make ice cubes and store in the freezer for use in the refrigerator or in a cooler. Freeze gel packs ahead of time for use in coolers.
  • Group food together in the freezer — this helps the food stay cold longer.

The following steps are to be taken after a weather emergency:

  • Keep the refrigerator and freezer doors closed as much as possible to maintain the cold temperature.
  • The refrigerator will keep food safely cold for about 4 hours if it is unopened. A full freezer will hold the temperature for approximately 48 hours (24 hours if it is half full) and the door remains closed.
  • Discard refrigerated perishable food such as meat, poultry, fish, soft cheeses, milk, eggs, leftovers and deli items after 4 hours without power.
  • Food may be safely refrozen if it still contains ice crystals or is at 40 °F or below when checked with a food thermometer.
  • Never taste a food to determine its safety!
  • Obtain dry or block ice to keep your refrigerator and freezer as cold as possible if the power is going to be out for a prolonged period of time. Fifty pounds of dry ice should hold an 18-cubic-foot full freezer for 2 days.
  • If the power has been out for several days, check the temperature of the freezer with an appliance thermometer. If the appliance thermometer reads 40 °F or below, the food is safe to refreeze.
  • If a thermometer has not been kept in the freezer, check each package of food to determine its safety. If the food still contains ice crystals, the food is safe.
  • Drink only bottled water if flooding has occurred.
  • Discard any food that is not in a waterproof container if there is any chance that it has come into contact with flood water. Discard wooden cutting boards, plastic utensils, baby bottle nipples and pacifiers.
  • Undamaged, commercially prepared foods in all-metal cans and retort pouches (for example, flexible, shelf-stable juice or seafood pouches) can be saved
  • Thoroughly wash all metal pans, ceramic dishes and utensils that came in contact with flood water with hot soapy water and sanitize by boiling them in clean water or by immersing them for 15 minutes in a solution of 1 tablespoon of unscented, liquid chlorine bleach per gallon of drinking water.
  • When in Doubt, Throw it Out!

Pritzker Law, a leading foodborne illness litigation law firm, is investigating cases involving foodborne illness.  The firm has a national reputation and has recovered millions for victims of foodborne illness.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.

FSIS Launches Upgraded E. coli 0157:H7 Protocol

USDA-FSIS-logo.jpgThe USDA’s Food Safety and Inspection Service (FSIS) has launched an upgraded protocol for testing E. coli 0157:H7 in raw beef, according to Cattle Network. Effective on Jan. 1, the new testing program is largely a response to the Topps Meat recall of Fall 2007.

Under the new program, FSIS will consider establishment volume and any positive tests for E. coli 0157:H7 at the establishment in the past 120 days. FSIS inspectors will take frequent samples, ranging from 4 to 24 samples annually.

The Topps recall was one of the largest beef recalls in U.S. history and has forced FSIS to drastically change procedures to prevent massive recalls in the future. On Oct. 23, 2007, FSIS released a strategic plan to combat E. coli 0157:H7. The plan called for testing and analysis of trim, a new checklist for verifying control, testing more domestic and imported ground beef components, more rapid recalls, routine testing, and ensuring the safety of imported beef. FSIS also promised greater working cooperation with federal partners, small plants, stakeholders, and public health partners.

Pritzker Law, a leading foodborne illness litigation law firm, is investigating cases of E. coli 0157:H7.  The firm has a national reputation and has recovered millions for victims of foodborne illness.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.

Update on Listeria Outbreak Linked to Whittier Farms in Massachusetts

listeria-bacteria-2.jpgThe Massachusetts Department of Public Health (MDPH) has reported no new cases of listereosis from milk produced by Whittier Farms, according to WCVB TV in Boston. Four cases between June and November have been linked to Whittier Farms milk, but no new cases have been reported. Two elderly men died, one woman had a miscarriage (see information on Listeria and pregnancy) and another elderly man was sickened.

According to a Boston Globe report:

Genetic fingerprinting conducted at the state laboratory has indicated that a milk [coffee-flavored] sample collected at Whittier Farms dairy two weeks ago, a sample taken in November from a bottle in a victim's refrigerator, and blood drawn from the four patients all harbored exactly the same type of listeria, a striking discovery, state disease trackers said.

Whittier Farms has shut down production until the source of contamination is identified and fixed. MDPH released a health advisory on December 27 warning all customers to discard products from Whittier Farms immediately. 

bottle-of-milk120.jpgWhittier Farms products are sold under the brand names of Whittier, Schultz, Balance Rock, Spring Brook, Model Dairy and Maple. Whittier Farms products include whole milk, 2 percent, 1 percent, skim and heavy cream with flavors of low fat chocolate, coffee, strawberry, vanilla and eggnog. As stated in the Boston Globe report, the outbreak-strain of Listeria was found in Whittier Farms coffee-flavored milk.

Our firm is monitoring this Massachusetts outbreak.  To contact a Listeria attorney at the firm, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.  Attorney Fred Pritzker has significant experience litigating Listeria cases.  He has a national reputation and has been interviewed by The New York Times, The Wall Street Journal and other publications.  Media may contact him at the toll-free number above.

Listeria Found in Coffee-Flavored Milk at Whittier Farms

listeria-dna-fingerprinting.jpgHealth officials have found a smoking gun at Whittier Farms, a dairy that has now been linked to 4 cases of listeriosis in Massachusetts, according to The Boston Globe:

Coffee-flavored milk taken from a cooler at a central Massachusetts dairy carried germs identical to bacteria that killed two elderly men and made two other people sick, according to state test results released yesterday that investigators said left little doubt about the dairy being the source of the infections.

Genetic fingerprinting conducted at the state laboratory has indicated that a milk sample collected at Whittier Farms dairy two weeks ago, a sample taken in November from a bottle in a victim's refrigerator, and blood drawn from the four patients all harbored exactly the same type of Listeria, a striking discovery, state disease trackers said.

"The pattern is very unique," said Dr. Alfred DeMaria, the state's director of communicable disease control. "It means there's an outbreak here. There's no question there's an outbreak. And it implies that the dairy is the common source.

State health investigators believe that the Listeria contamination happened after pasteurization, perhaps during the packaging process, the Boston Globe story states. This is typical of almost all cases of Listeria contamination of a food product where there is a kill step during processing. Unless the kill step (here pasteurization) is faulty, it should kill any foodborne pathogens, including Listeria. Contamination usually happens when an unsanitary condition (not washing hands, not cleaning equipment well, etc.) results in Listeria getting on or in the food.

Pritzker Law represents victims of Listeria outbreaks and the families of people who have died in Listeria outbreaks. If you would like a free consultation with a Listeria lawyer, please call toll-free at 1-888-377-8900 or submit the firm’s free case consultation form. If you would like to comment on this outbreak, Listeria, listeriosis, Whittier Farms or any food safety topic, please submit the comment form below.

DNA Fingerprinting of Listeria and the Whittier Farms Case

Determining Whether a Cluster of Listeriosis Cases is an Outbreak

In cases where a number of people in an area are diagnosed with listeriosis, health officials can use DNA fingerprinting to determine if the listeriosis cases are part of the same foodborne outbreak. For this purpose, health officials obtain isolates of Listeria monocytogenes bacteria from the people with listeriosis.

listeria-dna-fingerprinting.jpgThese isolates are tested pursuant to PulseNet system protocols using pulsed field gel electrophoresis (PFGE), a molecular subtyping technique. PFGE testing provides DNA fingerprints of the isolates. Matching (indistinguishable) DNA fingerprints indicate a listeriosis "outbreak" caused by a common source.

In the case of the listeriosis outbreak associated with Whittier Farms milk, Listeria isolates obtained from 4 people had matching DNA fingerprints. This establishes that these 4 victims of the outbreak were sickened by the same food source.  The four four victims include three elderly residents and a pregnant woman from Worcester county, according to a Massachusetts Department of Public Health press release. Two of the elderly people have died.

The Roll of DNA Fingerprinting in Determining the Source of a Listeriosis Outbreak

To find the source of an outbreak, genetic fingerprinting and epidemiological evidence are used. The people sickened by Listeria bacteria with matching DNA fingerprints are interviewed (and/or their families are interviewed) to determine what they ate in the last 2 months (the incubation period for Listeria can be as long as 70 days). Health investigators (epidemiologists) look for common food sources and investigate all likely sources. Part of that investigation is testing processing plants (drains, equipment, etc.) and food products for Listeria monocytogenes. If Listeria is found, isolates will have PFGE testing done on them to determine if they match the outbreak strain of Listeria monocytogenes. If there is a match, health officials consider the food (food produced at the plant if the bacteria was found in the plant) the source of the outbreak.

If epidemiological evidence (patient interviews, receipts of purchase, etc.) associates a food product with an outbreak but Listeria is not found in the food product or the plant that produced it, that is generally adequate evidence to make a claim for damages against the manufacturer, distributor, and/or retail seller of the food.

In the case of the listeriosis outbreak associated with Whittier Farms milk, the Massachusetts Department of Public Health stated in a press release, “Samples collected showed product contamination.” 

Attorney Fred Pritzker has extensive experience with Listeria lawsuits.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s free case consultation form for review by a Listeria attorney.

Listeria and Listeriosis

LISTERIA MONOCYTOGENES

listeria-bacteria.jpgListeria monocytogenes (L. monocytogenes, referred to hereafter as Listeria) are foodborne bacteria with genus Listeria and species monocytogenes. Human illness caused by Listeria has been linked primarily with the consumption of unpasteurized milk, soft cheeses, ice cream, smoked fish and raw and ready-to-eat meat and poultry products. In the case of the Massachusetts Listeria outbreak associated with Whittier Farms, all of the people sickened and killed in the outbreak had consumed Whittier Farms pasteurized milk.

Listeria can be killed by cooking or pasteurizing food products; however, contact with Listeria bacteria after such a “kill step” will re-contaminate the product. This risk is heightened in food processing environments, where Listeria bacteria tend to thrive, particularly in floor drains and other cool, damp areas. According to health officials, they suspect the Whittier Farms pasteurized milk was contaminated after the pasteurization process.

In contrast to most other harmful bacteria, Listeria will grow slowly on foods stored in a refrigerator, and freezing has very little detrimental effect on the organism.

LISTERIOSIS

Listeriosis is the disease caused by ingesting Listeria bacteria. Listeriosis is clinically defined when the organism is isolated from blood, cerebrospinal fluid, or an otherwise normally sterile site (e.g. placenta and fetus). The elderly, immuno-compromised persons and pregnant women are particularly vulnerable to listeriosis. Initial symptoms of listeriosis include nausea, vomiting, cramps, diarrhea, headache, constipation and persistent fever. 

The disease frequently triggers sespticemia, pneumonia, and meningitis. In pregnant women, listeriosis usually causes a mild, flu-like illness followed by miscarriage, stillbirth, or bacteremia and meningitis in newborns.

Although listeriosis is relatively rare, it is one of the most deadly foodborne diseases, accounting for roughly 28% of all deaths resulting from foodborne illness. In the Massachusetts outbreak linked to Whittier Farms, 2 of the 4 people sickened in the outbreak died. Both of them were elderly.

The time period between consuming Listeria-contaminated food and the onset of listeriosis can be as long as 70 days. This makes it extremely difficult to pinpoint the source of a listeriosis outbreak (also referred to as a Listeria outbreak).

Attorney Fred Pritzker has successfully represented people sickened by Listeria outbreaks and the families of people who died after contracting listeriosis.  For a free consultation regarding legal representation by a Listeria attorney, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.

Massachusetts Listeria Outbreak Associated with Whittier Farms Milk

massachusetts-department-of.jpgThe Massachusetts Department of Public Health (MDPH) has issued a warning regarding milk products from Whittier Farms in Shrewsbury, Massachusetts due to possible Listeria contamination. Two elderly men have died and two other people have been sickened in a Listeria outbreak that has been associated with Whittier Farms milk, according to a MDPH statement.

According to The Milford Daily News, the cases occurred in June, October and November. Three of the people sickened were elderly residents and one was a pregnant woman from Worcester county.  DNA fingerprinting conducted by the Massachusetts State Laboratory Institute showed that the Listeria bacteria causing these infections came from a common source.  Samples collected from Whittier Farms showed product contamination, according to The Milford Daily News.  

MDPH is recommending that consumers do not consume Whittier Farms milk products. Because the incubation period for Listeria can be as long as 70 days, anyone who has consumed the milk should watch for Listeria symptoms, including fever, muscle aches and sometimes gastrointestinal symptoms such as nausea or diarrhea.  In pregnant women, the symptoms may be mild, but an infection can cause miscarriage, stillbirth or early delivery. Learn more about Listeria and pregnancyListeria-related deaths are often caused by Listeria meningitis (inflammation of the membranes and fluid surrounding the brain) or septicemia (blood infection). 

To contact a lawyer at our law firm for a free consultation, please call toll-free at 1-888-377-8900 or submit the firm's free consultation form.

FSIS says source of multi-drug resistant Salmonella outbreak is ground beef

beef.gifA few weeks ago, public health officials in Arizona, California, and other western states reported dozens of multi-drug resistant Salmonella infections that had the same "genetic fingerprint" detected through the US Center for Disease Control and Prevention's PulseNet system. However, their epidemiological investigation had not led them to a specific food source, according to an earlier report in the Arizona Republic.

But now 38 illnesses appear to be linked to fresh ground beef products contaminated with multi-drug resistant Salmonella Newport, according to a public health alert just issued by the US Department of Agriculture's Food Safety and Inspection Service (FSIS). The FSIS said the contaminated meat may have been ground and sold at Safeway supermarkets in Arizona, California, Hawaii, Nevada, and New Mexico between Sept. 19 and Nov. 5, 2007.

The Salmonella outbreak has sickened 16 people in Arizona, 18 in California, 1 in Idaho, and 3 in Nevada, according to the FSIS alert. No details are available yet on the number of people who were hospitalized with serious infections.

According to the FSIS alert:

"This particular strain of Salmonella is resistant to many commonly prescribed drugs, which can increase the risk of hospitalization or possible treatment failure in infected individuals."

The FSIS said it wasn't able to identify specific establishments, lots, and products that would be targets of a recall. Also, the FSIS said it has no reason to believe that the products are still available to consumers.

This isn't the first time people have gotten sick from eating ground beef that has been contaminated with multi-drug resistant Salmonella Newport. In early 2002, 47 people in five eastern states developed infections with the same strain after eating ground beef, according to a report in Morbidity and Mortality Weekly Report. The organism was found in meat from the freezer of one of the patients.

People who develop symptoms of Salmonella infection after eating ground beef should seek medical care. If you or a family member is diagnosed with Salmonella poisoning (salmonellosis), contact a Salmonella lawyer at Pritzker Law for a free consultation regarding your legal rights and remedies. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s free case consultation form.

16 Infant Deaths Associated with Air Mattresses

DO NOT PLACE INFANTS ON MATTRESSES.  16 INFANTS HAVE DIED AFTER BEING PLACED ON AIR MATTRESSES TO SLEEP.  This has nothing to do with food, but it is so tragic and preventable that we are reprinting the following news release from the U.S. Consumer Product Safety Commission (please send this to everyone you know who takes care of an infant):

Deadly Danger: CPSC Urges Parents To Not Place Infants on Air Mattresses

WASHINGTON, D.C. - This is the season when homes fill up with gifts and guests. When traveling, parents may choose alternative sleeping environments for babies. The U. S. Consumer Product Safety Commission (CPSC) is warning families nationwide that air mattresses are too soft for use with sleeping infants. Never place infants to sleep on air mattresses or other soft surfaces (such as water beds and adult beds), which are not specifically designed or safe for infant use.

Since 2002, CPSC has received reports of 16 tragic deaths, mostly infants younger than 8 months of age who were placed to sleep on air mattresses: 11 suffocated in a face down position on an air mattress and 5 died due to suffocation after falling into gaps between the mattress and bed frame and mattress and adjacent furniture or wall.

Generic twin-, full-, or queen-sized inflatable mattresses are usually intended for adults and older children. Even properly inflated air mattresses are usually too soft for infants to maintain a clear airway. Air leaks and under-inflation also contribute to incidents.

Wherever your baby sleeps should be as safe as possible. CPSC recommends these safe sleeping tips:

  • Always place your baby to sleep on his or her back to reduce the risk of SIDS.
  • Never place baby to sleep on an adult bed. Infants can suffocate on bedding or can become entrapped between the mattress and bed frame or mattress and wall.
  • When using a crib, make sure it meets current safety standards, has a firm, tight-fitting mattress and tight-fitting bottom sheet.
  • When using a portable crib or play yard, be sure to use only the mattress or pad provided by the manufacturer.

Listeriosis Cases in North Carolina Prompt Warning by NCDPH

The following is from a North Carolina Division of Public Health press release.


Officials with the North Carolina Division of Public Health (NCDPH) are cautioning pregnant women against consumption of soft cheeses, hot dogs, deli-style meats and prepared salads.  The warning comes after three cases of listeriosis were identified in Moore, Durham and Mecklenburg counties and a probable case was identified in Buncombe County.

The three confirmed cases all involved pregnant women; two of them had miscarriages. All three of the women had consumed soft cheese from a variety of sources. Although the cases occurred close together in time, data from molecular testing conducted at the State Laboratory of Public Health showed that different strains were involved. A single product does not seem to be the source of these cases, prompting public health officials to issue a general Listeria warning.   

Listeriosis is a serious infection caused by eating food contaminated with the bacterium Listeria monocytogenes.  The disease affects primarily pregnant women, newborns and people with weakened immune systems. Listeriosis outbreaks have been associated with consumption of unpasteurized (raw) milk and contaminated soft cheeses, vegetables and ready-to-eat meats.  

“This is a tragedy, which could have been avoided,” said State Epidemiologist Dr. Jeff Engel.  “Listeriosis can be prevented by avoiding unpasteurized milk and other potentially contaminated food, especially among vulnerable people.” Vulnerable people include pregnant women, the elderly and people with weakened immune systems. About a third of the people with confirmed cases of listeriosis are pregnant women. Read about Listeria and pregnancy.

According to NCDPH, general recommendations to avoid listeriosis include:

  • Avoid unpasteurized (raw) milk or foods made from unpasteurized milk.
  • Thoroughly cook raw food from animal sources.
  • Wash raw vegetables before eating.
  • Wash hands, knives and cutting board after handling uncooked foods.
  • Consume perishable and ready-to-eat foods as soon as possible.

NCDPH also recommends that people at high risk, such as pregnant women and persons with weakened immune systems, take the following precautions in addition to those above:

  • Do not eat hot dogs, luncheon meats or deli meats, unless they are reheated until steaming hot.
  • Avoid getting fluid from hot dog packages on other foods, utensils and food preparation surfaces, and wash hands after handling hot dogs, luncheon meats, and deli meats.
  • Do not eat soft cheeses such as feta, Brie and Camembert, blue-veined cheeses, or Mexican-style cheeses such as queso blanco, queso fresco, and Panela, unless they have labels that clearly state they are made from pastuerized milk.
  • Do not eat refrigerated pâtés or meat spreads. Canned or shelf-stable pâtés and meat spreads may be eaten.
  • Do not eat refrigerated smoked seafood, unless it is contained in a cooked dish, such as a casserole. Refrigerated smoked seafood, such as salmon, trout, whitefish, cod, tuna or mackerel, is most often labeled as "nova-style," "lox," "kippered," "smoked" or "jerky." The fish is found in the refrigerator section or sold at deli counters of grocery stores and delicatessens. Canned or shelf-stable smoked seafood may be eaten.
Source: NCDPH Press release, http://www.dhhs.state.nc.us/pressrel/12-18-07b.htm.

Salmonella Cases in Arizona, California, Idaho and Nevada

State health officials in Arizona, California, Idaho and Nevada are investigating a Salmonella outbreak that has sickened at least 36 people.  The cases all involve the same strain of Salmonella and were linked through the PulseNet database of pulsed-field gel electrophoresis (PFGE) patterns (DNA “fingerprints”). 

dna-fingerprinting-pfge.jpgPFGE patterns (DNA “fingerprints”) of Salmonella and other bacterial foodborne pathogens are submitted electronically to the PulseNet database, which is maintained by the CDC. The PulseNet database of PFGE patterns is available on-demand to state health departments and other participants, allowing for rapid comparison of the patterns. In this case, the PFGE patterns (DNA “fingerprints”) of the Salmonella bacteria that have sickened people in Arizona, California, Idaho and Nevada are the same. 

According to the Arizona Department of Health Services, as reported in a story by The Arizona Republic, this specific strain of Salmonella appears to be antibiotic resistant and more virulent than usual, resulting in more hospitalizations than would normally be associated with a Salmonella outbreak.

A food source of the outbreak has not been found, but according to the Arizona Republic story:

Arizona experts believe the outbreak stemmed from an undetermined product sold by a chain store.

However, they aren't certain which food carried the germ or whether it's still being sold. Komatsu [Ken Komatsu, top epidemiologist for the Arizona Department of Health Services] said that no items can be pulled from the shelves without test results providing proof the product has made people ill.

Hunting for the cause of an outbreak is always a challenge, especially for a germ such as salmonella. This bacterium can take a few days to become an active infection, so a consumer suffers abdominal cramps and other symptoms up to seven days after eating a product containing the bacterium, according to the CDC.

"It is often difficult to get a good food history," Komatsu said. "We're asking people to remember what they ate two weeks ago. We're asking where they shop or what they bought."

The department also is trying to work with grocery stores that offer customers a club card to help their investigation.

Those cards can track purchases and could, as long as the grocers agree, help health investigators narrow the list of suspects and identify the contaminated food.

Pritzker Law, a leading food safety law firm, can be contacted toll-free at 1-888-377-8900.

Agreement with China Regarding Imports of Food and Feed

The U.S. Department of Health and Human Services has signed an agreement with its equivalent in China that is meant to provide some assurance of safe food imports from China. The agreement provides for new registration and certification requirements, greater information sharing, and increased access to production facilities. Below is an excerpt from the HHS press release regarding this agreement.:

On December 11, 2007, the U.S. Department of Health and Human Services (HHS) and the General Administration of Quality Supervision, Inspection, and Quarantine (AQSIQ) of the People’s Republic of China signed a Memorandum of Agreement (MOA) to enhance the safety of food and feed imported into the United States from China.  HHS Secretary Mike Leavitt and the Honorable Li, Minister of AQSIQ, signed the Agreement in Beijing in advance of the third session under the United States-China Strategic Economic Dialogue.  

Specifically, the two countries are establishing a bilateral mechanism to provide greater information to ensure products imported into the United States from China meet standards for quality and safety.  Implementation of the agreement will begin with a determined list of products, such as preserved foods (e.g. canned mushrooms, olives, various vegetables), pet food/pet treats of plant origin or animal origin, raw materials used in making manufactured foods (e.g. wheat gluten and rice protein used in canned and dry pet food for dogs and cats), and farm-raised fish (e.g. shrimp and catfish).  The two sides can add additional products by mutual agreement.

The HHS press release regarding this agreement can be found at http://www.hhs.gov/news/facts/foodfeed.html.

Salmonell Associated with Pulled Pork Sold at Georgia Festival

salmonellainfantis.jpgAccording to the East Metro Health District, health inspectors have associated the October outbreak of Salmonella in Newton County, Georgia, with consumption of pulled pork sold by the Covington Lions Club at Sherman's Last Burning, a local festival.

The East Metro Health District report, according to www.covnews.com, states that “a total of 67 illnesses (salmonellosis) were reported among attendees at the event, which took place from Oct. 12-14 at the Newton County Fairgrounds, and that stool cultures from 17 of the cases tested positive for Salmonella Newport. Of those 67 reported cases, 28 individuals sought medical attention and five people were hospitalized.”

There were no environmental samples from the food sold at the festival available for testing; however, statistical analysis points to pulled pork sold by the Covington Lions Club at the festival.

According the health district report, the Salmonella contamination may be related to the lack of a food license and health permits and to a lack of hand washing facilities. 

  • The barbecue was prepared by a competitive barbecue team, BareKnuckles BBQ, that was not required to have a food license because the team does not operate as a caterer.
  • Because Sherman's Last Burning was classified as a "fair or festival" no health permits were required though the event was permitted by the city of Covington.
  • No hand washing facilities were available for the general public.


This Salmonella outbreak points to the need for tougher food safety regulations for fairs and festivals in Georgia and all events involving volunteer food handlers. 

Pritzker Law a leading food safety litigation law firm, has significant experience with Salmonella lawsuits. The firm recently settled a Salmonella case involving illness associated with a restaurant. In that case, as in this, no environmental samples tested positive for Salmonella. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online free case consultation form.

USDA offers food safety tips for mailing food gifts this holiday season

According to the USDA, mailing perishable food can pose a risk to the recipient:

Foodborne bacteria that may be present on perishable food grow fastest at temperatures between 40 °F and 140 °F, also known as the "Danger Zone," and those bacteria can double every 20 minutes. Pathogenic bacteria may not affect the taste, smell or appearance of a food so the recipient may not be able to tell that a food has been mishandled or is unsafe to eat.

Perishable foods, such as meat, poultry, fish and soft cheeses must be kept at or below 40 °F to remain safe. These foods can only be safely held at room temperature for two hours, so tolerating a week or more in the mail without a cold source is unsafe. If these foods aren't kept cold during delivery, the food may become unsafe and cause foodborne illness when eaten.

The USDA recommends that people take preventative steps to ensure that perishable foods are packaged and shipped to maintain a safe temperature so that mailed food items reach their final destination safe for consumption. The following are food-safety tips from the USDA regarding perishable-food gifts:

  • Make sure the company sends perishable items, like meat or poultry, cold or frozen and packed with a cold source and in foam or heavy corrugated cardboard.
  • The food should be delivered as quickly as possible — ideally, overnight. Make sure perishable items and the outer shipping package are clearly labeled "Keep Refrigerated" to alert the recipient.
  • When receiving a food item marked "Keep Refrigerated," open it immediately and check its temperature. The food should arrive frozen or partially frozen with ice crystals still visible. Even if a product is smoked, cured and/or fully cooked, it still is a perishable product and must be kept cold. If perishable food arrives warm — above 40 °F as measured with a food thermometer — notify the company. Do not taste or consume the suspect food.
  • Tell the recipient if the company has promised a delivery date, or alert the recipient that "the gift is in the mail" so someone is ready to receive it. Don't have perishable items delivered to an office unless you know it will arrive on a work day and there is refrigerator space available for keeping it cold.
  • For more information, call the USDA Meat and Poultry Hotline or see "Mail Order Food Safety" at www.fsis.usda.gov/Fact_Sheets/
    Mail_Order_Food_Safety/index.asp

The following are food-safety tips from the USDA regarding nonperishable-food gifts:

  • Dried food items including beef or poultry products such as jerky, dried fruits, canned nuts, dehydrated soups or drink mixes, and commercially packaged trail mix are safe to mail. Bacteria can't grow in foods preserved by removing moisture.
  • Canned meat and fish specialties, dips and cracker spreads also make nice treats. Recipients should be cautioned not to use any cans that appear to be damaged or swollen.
  • Condiments such as hot sauce and Cajun seasonings in packets or unbreakable jars are great gifts for aspiring chefs and spice lovers. Foods should not be mailed in glass containers because they can break during delivery.
  • Dense and dry baked goods such as fruit cakes and biscotti are good choices for mailing because they will not mold. Other suitable baked goods include commercially packaged cakes, cookies and crackers shipped in airtight tins.
  • When mailing baked goods like sugar cookies or homemade candies, wrap each piece individually and pack items in Styrofoam packing peanuts or foam to help cushion food during the trip. Place the food gifts in a sturdy box and seal it securely with packing tape.
  • Hard candies and homemade sweets such as pralines and toffee are safe to mail because their high sugar content prevents bacterial growth.

To read the USDA press release, click here.

E. coli Research: Cattle Fed Distiller's Grain

ecolicow.jpgAccording to a Kansas State University (KSU) press release, KSU researchers have found that cattle fed distiller's grain, a byproduct of the ethanol distilling process, have an increased prevalence of E. coli 0157 in their hindgut.  According to the KSU press release, this could mean that cattle fed distiller’s grain pose a risk to humans:

The growth in ethanol plants means more cattle are likely to be fed distiller's grain, therefore harboring 0157 and potentially a source of health risks to humans, Nagaraja [T.G. Nagaraja, a professor of diagnostic medicine and pathobiology at K-State's College of Veterinary Medicine] said. That's why he and Jim Drouillard, K-State professor of animal sciences, have been collaborating on testing distiller's grain-fed cattle for 0157. Nagaraja and Drouillard, who studied the carcass quality of cattle fed distiller's grain, are joined by Megan Jacob, a K-State doctoral student in pathobiology. Through three rounds of testing, Nagaraja said the prevalence of 0157 was about twice as high in cattle fed distiller's grain compared with those cattle that were on a diet lacking the ethanol byproduct.

Given the rise in beef recalls due to possible contamination with E. coli O157:H7, it would be interesting to know if the meat from cattle fed distiller's grain was involved in any of the recent recalls, particularly those connected with an outbreak of E. coli infections.

Source of Quizno's Salmonella Outbreak is Tomatoes

tomato_v.jpg Larry Edmonson, an epidemiologist at the Olmsted County Public Health in Rochester, Minnesota, said studies have shown that tomatoes linked to a recent Salmonella outbreak in the area were contaminated before they reached a local Quiznos Subs restaurant, the Rochester Post-Bulletin  reported. The October outbreak sickened more than 20 Quizno's customers and employees.

Despite the study findings, Quizno's isn't off the hook--it is still responsible for any illnesses linked to the restaurant. Restaurants are obligated to serve safe food to customers. If you have been diagnosed with a Salmonella infection, contact a food poisoning lawyer at Pritzker Law, a leading food poisoning litigation law firm. You can call toll-free at 1-888-377-8900, e-mail fhp@pritzkerlaw.com or fill out the online, attorney-consultation form.

Food Safety Lawyer Calls for Food Safety Disclosure Laws

Fred Pritzker, Food Safety Lawyer, Calls for Food Safety Disclosure Laws Following American Foods Group, LLC Recently Announced E. coli O157:H7 Recall

American Foods Group, LLC just announced a recall involving 48 tons of ground beef products that may be contaminated with deadly E. coli O157:H7. American Foods Group, LLC is the name of the company resulting from a merger between American Foods Group and another meat processor, Rosen’s Diversified.

This is not the first E. coli O157:H7 recall involving American Foods Group, one of the merged companies. In December 2000 Green Bay Dressed Beef Inc. also doing business as American Foods Group, recalled over 500 tons of ground beef contaminated with E. coli O157:H7. Over 20 people were sickened as a result of that outbreak including a number of individuals with severe and permanent injuries. 

Fewer than ten months later, on August 27, 2001, the same company recalled another 265 tons of fresh ground beef products contaminated with E. coli O157:H7.

On March 11, 2003 there was another E. coli O157:H7 recall involving Green Bay Dressed Beef doing business as American Foods Group at a Sharonville, Ohio plant. This time, 53 tons of fresh and frozen ground beef products were recalled.  

In short, during the span of only seven years, a single meat producer and its predecessor entities has been responsible for E. coli O157:H7 recalls involving an astounding 1,732,000 pounds of ground beef products. What’s more, the most recent recall of 48 tons apparently involves production on just one day.  

But here’s the worst part: it is extremely difficult for the average consumer to learn anything about this company’s E. coli O157:H7 track record and just as hard to find out if hamburger from this recalled lot made its way into the consumer’s household (much less the mouths of his/her loved ones).  

That’s because the labels on most ground beef products do not disclose the identity of the company that produced it. In other words, even if a consumer wanted to avoid products from a company that consistently produced hamburger laced with E. coli O157:H7, there is no way to find out.

It gets worse. Even if an enterprising purchaser managed to find out that Store X sold hamburger produced by Company Y, trying to find out Company Y’s past history of E. coli O157:H7 adulteration requires the skill of an investigative reporter. There is simply no readily accessible source of information, other than digging through old press releases from the United States Department of Agriculture’s Food Safety and Inspection Service (FSIS), about a meat producer’s prior safety record.  Even that won’t tell you how many people were sickened in prior outbreaks, the cause of the outbreaks, what corrective action, if any, was taken, and what fines or penalties were levied.  

If the currency of consumer choice is information, precious little is available about this most common food product.  This skews the balance in the producer-consumer exchange. Purchasers are powerless to “vote with their pocketbooks” and reward safe companies and punish those that consistently produce unsafe and dangerous products.

Our Federal and state governments are complicit in this outrage. The consumer is without information because no law requires adequate labeling and no government agency is required to produce readily accessible information that allows consumers to make informed choices.

Many states require restaurants (unfortunately not my home state of Minnesota) to post their inspection scores or grades. This basic safety information allows customers to patronize establishments that take it upon themselves to run a clean operation. Why shouldn’t huge multi-national meat producers have to do the same?

This is not rocket science. Here’s how it could work: every meat package has to identify the name of the company that produced it and the date on which it was produced. Simple enough.

In addition, one of the agencies of the federal government (preferably one that is more interested in consumers than producers) would be charged with maintaining a readily accessible web site that lists data about each federally inspected producer including the company’s past history of recalls, amount of product recalled, the number of people injured or killed in past foodborne illness outbreaks and other information that allows for informed consumer choice.

If our present regulatory scheme can’t solve (or even dent) the problem of foodborne illness, at least let consumers know enough to make their own choices.

Fred Pritzker is one of America’s leading food safety attorneys. He practices in Minnesota and represents survivors of foodborne illness throughout the United States. He may be reached toll-free at 1-888-377-8900, by email at fhp@pritzkerlaw.com, or through the firm’s web site at www.pritzkerlaw.com.  

Illnesses lead to ground beef recall due to suspected E. coli contamination

beef.gifOver the holiday weekend the USDA-FSIS announced the recall of 95,925 pounds of ground beef produced by American Foods Group, LLC, that may be contaminated with E. coli O157:H7. The recall is linked to an investigation into two illnesses by the Illinois Department of Public Health.

The affected ground beef was processed at an American Foods Group plant in Green Bay, Wisc., on October 10, 2007 and was sent to retail stores and distributors in Indiana, Kentucky, Maryland, Ohio, Tennessee, Wisconsin, and Virginia.

The shipping label bears the establishment number "Est. 18076" inside the USDA inspection mark, but that information won't help consumers know if they have the recalled product in their freezers, because the recalled ground beef was further processed and repackaged. The USDA is urging consumers to contact retailers to ask if they received any of the recalled products.

Keep Meat Off the Market Until USDA Tests Confirm No E. coli

The following from a story in USA Today highlights another problem with USDA policies and the need for more regulation of the beef industry:

The federal government may move to keep meat off the market until its tests confirm the meat doesn't have harmful bacteria, a step that officials say could have prevented some of this year's 53 meat recalls.

The U.S. Department of Agriculture, which regulates meat and poultry, may require meat producers to hold product that's been routinely tested by the government until test results come back, says Kenneth Petersen, assistant administrator for the USDA. "It's not in anybody's interest to do all of these recalls." [Why “may”? If this will prevent people from getting seriously ill from E. coli, it should be done.]

packaged-hamburger.jpgTen of this year's recalls, largely small ones with no associated illnesses, resulted from routine USDA testing, recall records show. The USDA tests thousands of products annually for bacteria, including E. coli O157:H7, before the meat leaves plants.

Companies can legally ship meat ahead of test results, which take a few days. Most tests are negative. When tests are positive and meat has been shipped, recalls follow. "They made a business decision that turned out to be the wrong one," Petersen says. [This should not be considered a business decision--it is a food safety decision.]

CongAgra-Banquet Plant Had Flawed Safety Plan

banquet-pot-pie.jpgAccording to the USDA, ConAgra’s Missouri plant that produced recalled Banquet pot pies associated with a Salmonella outbreak had flaws in its safety plan. This seems obvious given that over 270 people were sickened in this outbreak.  From the Sun-Sentinel:

USDA inspectors found flaws in the safety plan ConAgra Foods Inc. used at the Missouri plant where it makes the Banquet and private label pot pies that were linked to a salmonella outbreak.

. . . [USDA spokeswoman Amanda] Eamich would say only that there was a record-keeping problem and an issue with ConAgra's Hazard Analysis Critical Control Point plan that spells out what the company does to ensure its products are safe.

Nebraska E. coli Case Associated with Jeno's and Totino's Pizza

totinos-pizza-recall.jpgAccording to the CDC, an E. coli O157:H7 case in Nebraska is part of the E. coli outbreak associated with Jeno's and Totino's pizza.  This makes 23 confirmed cases.  Because about 5 million Jeno's and Totino's pizzas were recalled and the "best if used by" date is April 2008, there will probably be more confirmed E. coli cases associated with this outbreak.

We have been contacted by a number of people who became ill after eating a Jeno's or Totino's pizza but did not go to the doctor.  For medical and legal reasons, it is important to get medical attention if you are suffering from E. coli symptoms.  Attorney Fred Pritzker has written valuable information on foodborne illness and medical treatment.

If you have been diagnosed with an E. coli infection, you need an attorney with experience in this area.  Please read our information on how to hire a foodborne illness attorney.  To contact an E. coli lawyer at our law firm, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.

Proving Foodborne Illness: How Lawyers Evaluate Defective Food Product Cases

Article written by Fred Pritzker

We represent people injured by unsafe food products, usually containing foodborne pathogens such as E. coli O157:H7, Listeria, Salmonella, Shigella, or Hepatitis A.

As part of our service to the public, we’re asked to evaluate potential foodborne illness cases. Here is some information about how food safety lawyers prove foodborne illness cases.

In order to prove a case of foodborne illness, the injured person has to prove the following three elements: 1) the food product was defective, 2) the defect caused illness, and, 3) the person suffered damage as a result of that defect.

A food product is defective, according to the definition used in many states, “if an ordinary consumer would not reasonably expect the food product to contain the substance that caused the harm.”

Since food consumers do not expect the food they eat to contain injurious or lethal pathogens, satisfying the first element of foodborne illness proof is usually not difficult.

Some states, however, do not follow the “consumer expectation” test and require proof of food “adulteration.” That term is usually defined as follows:

  • It contains an added poisonous or deleterious substance that may make the food injurious to health, or that is not necessary for food production.
  • It contains enough of a poisonous or deleterious substance (added or not) to make the food normally injurious to health.
  • It contains any added substance that is considered “unsafe” under the Federal Food, Drug and Cosmetic Act, or that is present at levels considered “unsafe” under the federal act. The federal Food and Drug Administration publishes a list of substances “generally recognized as safe” (the GRAS list), but a substance is not necessarily considered “unsafe” merely because it is not included on the GRAS list.
  • It contains any diseased, contaminated, filthy, putrid or decomposed substance or is otherwise unfit for food.
  • It has been produced, prepared, packed, or held under unsanitary conditions that may have caused it to become contaminated, diseased, unwholesome or injurious to health.
  • It is the product of a diseased animal, or an animal that died other than by slaughter.
  • Its packaging contains any poisonous or deleterious substance that may make the food injurious to health.
  • The seller misrepresents the food contents, directly or by implication.

As a general rule, any food contaminated with a foodborne pathogen (e.g. E. coli O157:H7, Shigella, Listeria, Salmonella, etc.) is considered adulterated.

In foodborne illness litigation, the much more difficult element of proof is “causation”: Is the suspected food product the actual cause of the victim’s illness?

In order to prove causation, the first step is to identify the actual foodborne pathogen responsible for the victim’s symptoms. Put another way, identifying foodborne illness symptoms is not enough; in most cases, one has to prove the specific foodborne pathogen responsible for a client’s symptoms. The following example illustrates the point.

If you were injured in a car accident and wanted to sue the driver responsible for the crash, you would have to prove more than just that a car hit you. You would need to identify the make, model, color, year and serial number of the car as well as the vehicle’s owner. So it is with foodborne pathogens. You first have to nail down the specific foodborne pathogen responsible for your illness. This is done through testing, usually of the victim’s stool, blood or other bodily fluids. Thus, when you are sick enough to require medical treatment, insist that the doctor order appropriate tests to identify the particular foodborne pathogen responsible for your symptoms. This should ideally be done before antibiotics are prescribed. That’s because antibiotics may often kill off the pathogen before it can be identified.

Knowing the exact pathogen responsible for your symptoms also helps us to know when you likely consumed the food that caused your illness. Here’s how: all foodborne pathogens have incubation periods, the time from when you ate the food to the time when your symptoms first appear. By knowing when you ate the food we have a better idea of where it came from.

Foodborne pathogens have different incubation periods – from hours to weeks. For example, in the case of E. coli O157:H7 the incubation period is two to eight days (average of 3-4). Thus, if your testing confirms you have E. coli O157:H7, the food that caused it was probably eaten days, not hours, before your symptoms first appeared.  On the other hand, the incubation period for Hepatitis A is an average of one month.

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McDonald's Norovirus Outbreak

burgers-fries.jpgMcDonald’s in Redwood Falls has been associated with a norovirus outbreak that has 30 confirmed cases. More cases may be confirmed in the next few days. Dozens of people got sick after eating at a Burger King in Redwood Falls last month. 

Health officials are now requiring all restaurant workers in both Redwood and Renville counties to wear gloves, to prevent the continued spread of this strain of norovirus. Given the rise in foodborne illness in the state, Minnesota legislators should consider requiring all food handlers to wear gloves. 

Fred Pritzker, one of the leading food poisoning litigation lawyers in the United States, practices in Minneapolis, Minnesota. The firm is accepting norovirus cases connected to the McDonald’s norovirus outbreak and the Burger King norovirus outbreak.  To contact the firm, please call 1-888-377-8900 or 612-338-0202.

Del Rey Tortillas Suspected Cause of School Illnesses

school-lunch-tortillas.jpgAccording to the Journal Times, health officials suspect that Del Rey tortillas are the cause of over 90 cases of illness in three Wisconsin schools, Starbuck, Mitchell and Gilmore middle schools in Racine.  The children suffered from vomiting and stomach cramps.

The story states that the FDA is pulling several cases of soft shell flour tortillas from Racine Unified kitchens this week, and the focus of the investigation had turned to the tortillas.  The case of Del Rey tortillas that may be connected to the illness contained 40 packages and was labeled Del Rey Flour Tortillas #6, according to a Wisconsin Department of Public Instruction statement.

There was an unrelated FDA recall of Del Rey tortillas in January of 2006 because the consumption of tortillas was associated with with a series of health symptoms among individuals who complained of stomach pains, vomiting, diarrhea, nausea, and headaches.

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A Reporter's Experience with Salmonella Poisoning

An article by Joel Rubin, a reporter with the the Los Angeles Times provides an insightful look at a foodborne outbreak from the point of view of a victim of the outbreak. In this case, Mr. Rubin got Salmonella poisoning from hollandaise sauce served at one of his favorite restaurants. Here is his account of waking up with Salmonella:

My eyes popped open sometime after midnight and I knew I was in trouble.

This was not a typical bellyache. It radiated from my gut. Whatever it was, I could feel it in my toes. I tossed about, trying helplessly to fall back asleep.

Beads of sweat rose suddenly on my forehead. A sharp chill hit me. My teeth clattered, my body shuddered.

Then things got bad.

I bolted for the bathroom.

. . . When a friend half-dragged me into Cedars-Sinai hospital about 3 a.m., I was a mess. The unrelenting bursts of diarrhea and vomiting dehydrated me to the point that I was having trouble walking and keeping my head upright.

After a half-hour wait, a nurse led me to a bed. With my frequent sprints for the bathroom, a fever that was hovering around 103.5 degrees and the knife fight going on in my gut, I was presenting the classic signs of food poisoning, but the doctor sent off vials of my blood to rule out anything more serious.

By the time I shuffled out seven hours later, I had had three liters of saline water (nearly 7 pounds) and some top-shelf antibiotics pumped into me. The doctor discharged me with a vague diagnosis of an infected intestinal tract and told me to call in a few days to see what the lab tests revealed, if anything.


Being a reporter, he turned lemons into lemonade and wrote about his experience, the investigation into the outbreak by health officials, and the experience of the owners of the restaurant. The article, “Making the right sick call,” can be found on the Los Angeles Times website.

Cargill Recalls One Million Pounds of Ground Beef

Less than 30 days after Cargill recalled 845,000 pounds of hamburgers (October 6 recall), Cargill has again recalled ground beef, over 1 million pounds. In both cases, the reason for the recall was possible contamination with E. coli O157:H7. 

The ground beef products subject to today’s recall were produced between Oct. 8 and 11, 2007. According to Cargill, the company learned of the possibility of contamination after the U.S. Department of Agriculture returned a confirmed-positive on a sample of product produced Oct. 8, 2007.

We are concerned that it took 26 days after the contaminated sample was produced for Cargill to recall the ground beef. Here are some questions that need answers:

  1. On what date did Cargill know that its beef may be contaminated?
  2. Did Cargill distribute the ground beef after it knew a sample tested positive for E. coli?
  3. Why did Cargill wait to recall the ground beef?

We have provided a list of the recalled ground beef products, information on E. coli on our website.

21 Cases of E. coli May Be Linked to Jeno's and Totino's Pizzas

totinos-pizza-recall.jpg21 confirmed cases of E. coli O157:H7 may be linked to Jeno’s and Totino’s pizzas, General Mills products. The cases occurred in Illinois (1), Kentucky (3), Missouri (2), New York (2), Ohio (1), Pennsylvania (1), South Dakota (1), Tennessee (8), Virginia (1), and Wisconsin (1). According to the CDC at least 8 people were hospitalized, and 4 of them developed hemolytic uremic syndrome (HUS).  The earliest case reported to state authorities occurred on July 20, and the latest case reported occurred on Oct. 10.  Nine of the 21 people reported having eaten Totino’s or Jeno’s pizza with pepperoni topping at some point prior to becoming ill. 

In response to these illnesses, General Mills has recalled the following Jeno’s and Totino’s pizzas, all of which were made in the company’s Wellston, Ohio plant:

  • 10.2-ounce packages of "Totino's The Original Crisp Crust Party Pizza Pepperoni."
  • 10.2-ounce packages of "Totino's The Original Crisp Crust Party Pizza, Classic Pepperoni."
  • 10.2-ounce packages of "Totino's The Original Crisp Crust Party Pizza, Pepperoni Trio."
  • 10.7-ounce packages of "Totino's The Original Crisp Crust Party Pizza, Combination Sausage & Pepperoni Pizza."
  • 10.5-ounce packages of "Totino's The Original Crisp Crust Party Pizza, Three Meat Sausage, Canadian Style Bacon & Pepperoni Pizza."
  • 10.9-ounce packages of "Totino's The Original Crisp Crust Party Pizza, Supreme Sausage & Pepperoni Pizza with Green Peppers & Onions."
  • 6.8-ounce packages of "JENO'S CRISP `N TASTY PIZZA, PEPPERONI."
  • 7.0-ounce packages of "JENO'S CRISP `N TASTY PIZZA, COMBINATION SAUSAGE AND PEPPERONI PIZZA."
  • 7.2-ounce packages of "JENO'S CRISP `N TASTY PIZZA, SUPREME SAUSAGE AND PEPPERONI WITH GREEN PEPPERS AND ONION PIZZA."

Each package of pizza bears the establishment number "EST. 7750" inside the USDA mark of inspection as well as a "best if used by" date on or before "02 APR 08 WS."

According to General Mills, since July 1 of this year, Totino’s and Jeno’s have distributed more than 120 million pizzas nationwide. The 414,000 cases of frozen meat pizza products subject to this recall were produced on or before Oct. 30 and were distributed to retail establishments nationwide.

 

Pritzker Lawn is a national food safety law firm. The firm represents victims of E. coli and the families of victims who have died. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Recalled Topps Hamburgers Found in Seven New Jersey Stores

New Jersey’s Division of Consumer Affairs has reported finding recalled Topps hamburgers in seven stores in Hudson County:

Bargain World (aka Stop 1 Food Mart)
715 New York Avenue, Union City

Lucky Food Center (aka Boca Chica Mini Market)
6501 Park Avenue, West New York

Wayne Gusto Meat Market
190 Ocean Avenue, Jersey City

Super Good Luck Grocery
91 Martin Luther King Jr. Drive, Jersey City

8 New Brothers Super World
61 Martin Luther King Jr. Drive, Jersey City

La Mia Grocery
503A Martin Luther King Jr. Drive, Jersey City

BergenLine Supermarket
8107 Bergenline Avenue, North Bergen

The recalled Topps frozen hamburgers found at these stores are part of a 21.7-million-pound recall, one of the largest in U.S. history. This recall got far more publicity than most because of its size and because 40 cases of E. coli O157:H7 were associated with the recalled hamburgers, and yet these stores had not pulled the recalled frozen hamburgers out of their freezers. If Super Good Luck Grocery wants to live up to its name, it had better get recalled food products out of its store.    

Ranchers Beef, a Canadian Firm, Linked to Topps E. coli Outbreak

According to the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS), a joint investigation between the Canadian Food Inspection Agency (CFIA) and the FSIS has found that Ranchers Beef, Ltd., a Canadian firm, is the likely source of the multistate outbreak of E. coli O157:H7 infections linked to the Topps Meat Company. Ranchers Beef, Ltd. provided trim to the Topps Meat Company. While the firm, which had been located in Balzac, Alberta, ceased operations on August 15, 2007, some product remained in storage and was collected and tested by CFIA as part of the joint investigation of the Topps recall and as part of CFIA's own investigation into 45 illnesses in Canada from E. coli O157:H7.

"We appreciate the assistance from our food safety partners in Canada. This piece of information helped us to determine a likely source of contaminated product which led to the September 29 Topps Meat Company expanded recall," stated under secretary for food safety Dr. Richard Raymond. "We have a long history of cooperation and collaboration with CFIA."

PulseNet provided verification to FSIS that the PFGE pattern of E. coli found on Ranchers Beef trim matched those from patients who were ill and from positive tests conducted by the New York Department of Health on product (both intact packages and open packages from patients' homes) that was later recalled by the Topps Meat Company on September 29. PulseNet is the Centers for Disease Control and Prevention's (CDC) searchable database of all PFGE patterns from patients and food products in the United States.

As of October 26, CDC reported 40 illnesses under investigation in 8 states, with 21 known hospitalizations. The latest onset of illness is September 24, 2007. This summer was the first time this rare PFGE pattern had been seen in North America.  Read the CDC update on the Topps E. coli outbreak on our website.

As the result of the Topps Meat Company recall investigation, FSIS had delisted Ranchers Beef, Ltd., Canadian establishment number 630, on October 20, 2007. No product from that firm has been eligible to come into the U.S. since that date.

Today, FSIS notified industry to hold all boneless beef manufacturing trim from Ranchers Beef, Ltd., Canadian establishment number 630, or raw products produced in whole or in part from these products until the joint investigation is completed. The Agency has also today issued a Notice to inspection program personnel in the field to retain these products.

On October 23, FSIS announced new, ongoing and upcoming actions to protect public health against the risk of E. coli O157:H7, including expanded testing, including testing of imported trim at the border. On October 19, FSIS notified countries that export beef to the U.S. of new policies and programs and is working with them to ensure they implement the same or equivalent measures to protect the public from E. coli O157:H7 risks.

FSIS Discusses Topps Hamburger E. coli Contamination

topps-hamburgers2.jpgIn late September Topps Meat Company recalled almost 22 million pounds of frozen hamburger patties that had been produced over a one-year period due to possible contamination with E. coli O157:H7. According to Dr. Kenneth Petersen, USDA-FSIS Assistant Administrator, Office of Field Operations, FSIS has “nailed down” the facts and believes the contamination was a product of inadequate testing, unsafe grinding procedures, and inadequate training of FSIS meat inspectors:

  • Topps cut back on the testing of meat for E. coli O157:H7. Two years ago, before cutting back on testing, Topps was only receiving beef parts for processing that had tested negative for E. coli O157:H7. In addition, Topps was doing monthly testing of incoming product as a separate check.
  • Topps began grinding product that had tested negative for E. coli O157:H7 with product that was not tested. According to Dr. Peterson, “And so that doesn't mean that product that wasn't tested wasn't negative, but it means they don't know the status of it and so, over time, it introduces the opportunity certainly for contamination to go into their product. And when that kind of thing happens, we're going to have significant questions about obviously what they're doing. But that's the kind of situation that would lead you to have a one-year recall.”
  • FSIS inspectors were at the plant one or two hours a day, but did not cite the company for inadequate testing or unsafe grinding procedures. According to Dr. Petersen, “Did we here in headquarters sufficiently communicate to those inspectors that, here are the kind of things you should be looking for when you look at these programs? You know, when a plant says, we have these controls in place, what kind of documentation exactly should they be looking at?  And so in relooking at our training, we're giving them better clarity on what they should exactly be looking for so that these things don't get missed.”  
To read the full FSIS transcript regarding action on E. coli O157:H7 and Topps, please click here.

FSIS Actions Regarding E. coli in Ground Beef

Yesterday, Dr. Richard Raymond, USDA Under Secretary for Food Safety, spoke to reporters regarding the department’s E. coli O157:H7 actions. The following is an excerpt from the transcript with comments and explanations:  

Dr. Richard Raymond: Since January there have been 15 recalls related to E. coli in beef this year, eight of those have been associated with human illnesses. In comparison, in 2006 there were only eight related recalls and none of those were related to human illnesses and in 2005 there were only five E. coli related recalls. So obviously something has changed.

. . . We are announcing today that we will begin testing more domestic and imported ground beef components.  [These components are beef trim and other meat parts, such as hear muscle and weasand meat (the smooth muscular lining which surrounds the oesophagus from the larynx to the paunch). Are you hungry yet?]. FSIS will begin testing these materials that are used as components in raw ground beef, in addition to the beef trim that is already tested, which is the primary component of ground beef. [The heart muscle, weasand meat, etc. has not been tested in the past.] FSIS is also requiring countries whose beef is imported to the U.S. to conduct the same sampling or at least an equivalent measure. [The USDA-FSIS (Food Safety Inspection Service) has not been testing imported beef trim. American consumers should be outraged that this has not been happening.]

One area where I feel we have made progress is in getting recalls done more rapidly. [Reality check: The recall of almost 22 million pounds (initially over 300,000 pounds) of Topps hamburgers began 18 days after FSIS confirmed E. coli O157:H7 in a Topps hamburger.   40 people have confirmed E. coli infections from Topps hamburgers.] FSIS now takes into account a broader, more complete range of evidence when evaluating whether to seek a recall or whether to take regulatory action. This gives the agency a credible approach to more rapidly taking action when certain types of evidence are available. In two recent cases, FSIS acted upon epidemiological evidence that linked illness to opened, FSIS-inspected product found in consumers freezers. There was more than 1 million pounds of ground beef recalled as a result of that and this would not have happened prior to looking at our recall procedures.

But we still acknowledge that we can and must do better. We are looking at training and staffing patterns to ensure inspection program personnel and supervisors are doing their jobs correctly. That they are held accountable, that they have appropriate workloads and appropriate supervision. [FSIS inspectors were at the Topps plant an hour or two per day and did not cite the company for failing to adequately test the beef, using grinding practices that were unsafe, and other problems. Did they know they were supposed to cite the company and choose not to do so, or were they poorly trained? We believe a federal investigation into what happened at the Topps plant is needed.]

Based on the challenges posed by E. coli O157:H7 and what we have learned from recent recalls, I believe that we need to take additional time to strengthen our system and the data that supports it before moving forward with risk based inspection in processing.  

. . . In the spring of 2007, concerns were expressed about the FSIS practice that allowed inspection program personnel to discard raw ground beef samples for product that was going to be diverted to cooking or destroyed, after testing positive by the industry. This essentially removed this raw product from the marketplace. This practice was followed because cooked or destroyed product did not pose a human health risk for E. coli O157:H7 when the plant had found it to be positive and either discarded it or cooked it. [What is meant here is that when a raw ground beef sample tested positive for E. coli O157:H7, FSIS threw away the sample without getting a DNA fingerprint of the E. coli that could be used to link the contaminated meat to a case of E. coli in a consumer. The illogical justification behind this was that the beef was going to be cooked or destroyed by the processor or other party in possession of the meat. But some of  this raw ground beef still did get into the market. The hundreds of E. coli cases with “unknown sources” each year were most likely attributable to this, and the FSIS had to know this.] 

FSIS implemented a new policy on September 28, 2007, under which FSIS inspection program personnel send samples to FSIS labs for testing irrespective of the company's test results. While the previous practice did not pose a human health risk [yes it did], this new approach will allow us to increase the number of Pulse-Field Gel samples that will be entered into PulseNet. [Perhaps now more people who suffer from E. coli infections will be able to get justice and hold the responsible parties accountable.]

Finally, I want to emphasize again, how important it is to me personally to base agency actions on the need to protect the public's health. As I have often said I did not move to Washington to oversee recalls, but instead to prevent food borne illnesses. Even one illness is too many. With the actions we are going to outline today for you, I believe we are on the right track to bringing those E. coli numbers back down to where historically they have been for the past two or three years. [The goal should be elimination of E. coli O157:H7 in the food chain. This is a realistic goal because E. coli O157:H7 is preventable—it is merely a matter of keeping cow manure out of meat and off of produce.]

To read the full FSIS transcript, please click here.

Over 200 Cases of Salmonella Associated with ConAgra Pot Pies

banquet-pot-pie.jpg The Salmonella outbreak associated with ConAgra pot pies has sickened at least 211 people, according to the CDC. All of these people were sickened by an identical strain of Salmonella.

So far, 34 states are involved in the outbreak: Arizona (1 person), Arkansas (3), California (5), Colorado (7), Connecticut (6), Delaware (5), Florida (2), Georgia (2), Idaho (7), Illinois (6), Indiana (3), Kansas (2), Kentucky (8), Massachusetts (6), Maryland (7), Maine (1), Michigan (3), Minnesota (7), Missouri (13), Montana (4), Nevada (6), New York (9), Ohio (10), Oklahoma (1), Oregon (3), Pennsylvania (15), Tennessee (6), Texas (4), Utah (11), Virginia (7), Vermont (2), Washington (14), Wisconsin (22), and Wyoming (3).

At least 40 people have been hospitalized. No deaths have been reported.

After what could be argued was a negligently long period of time after being made aware of the possible connection between its pot pies and the Salmonella infections, ConAgra recalled the following 7 oz. single serving brands of pot pie bearing an establishment number "P-9" or "Est. 1059" printed on the side of the package:

  • Banquet (sold at many stores)
  • Great Value (sold at Wal-Mart)
  • Kirkwood (sold at Aldi)
  • Albertson’s (sold at Albertson’s)
  • Food Lion (sold at Food Lion)
  • Hill Country Fare (sold at HEB)
  • Kroger (sold at Kroger)
  • Meijer (sold at Meijer)
  • Western Family (now discontinued)

All chicken, turkey and beef pot pies sold under these brands with the establishment number "P-9" are included in the recall.  The Wisconsin Department of Health has reported  that a Banquet  turkey pot pie has tested positive for Salmonella.

If you ate pot pies sold under any of these brands and have been diagnosed with Salmonella, please contact Pritzker Law. Our law firm is investigating cases of Salmonella associated with ConAgra pot pies. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

40 Cases of E. coli O157:H7 Associated with Topps Frozen Hamburgers

topps-hamburgers2.jpgThe number of people with confirmed E. coli O157:H7 infections associated with Topps frozen hamburgers continues to rise as health investigators compare the “DNA fingerprint” patterns of E. coli O157 strains found in ground beef with “DNA fingerprint” patterns of E. coli O157 strains isolated from ill persons.  There are now 40 cases of E. coli O157:H7 infection with PFGE patterns that match at least one of the patterns of E. coli strains found in Topp's brand frozen ground beef patties. People sickened in this Topps frozen hamburgers E. coli outbreak reside in 8 states: Connecticut (2), Florida (1), Indiana (1), Maine (1), New Jersey (9), New York (13), Ohio (1), and Pennsylvania (12).

Twenty-nine (88%) of 33 patients with a detailed food history consumed ground beef. The remaining 12% most likely contracted secondary infections from people who ate contaminated hamburgers. 

Seven illnesses have confirmed associations with recalled products because the strain isolated from the person was also isolated from the meat in their home. This illustrates the importance of not disposing of or returning recalled meat (or any food product) until you are sure no one has been sickened by it. Contaminated food product can be used as evidence.

Thus far, two people have developed hemolytic uremic syndrome (HUS), one of the leading causes of kidney failure. HUS can cause permanent injury or death. In an unrelated case, a 20-month-old girl just died this week of E. coli-related HUS. She contracted an E. coli infection and 7 days later was dead. To say it is tragic seems inadequate.

All Talk and No New Food Safety Laws

senator.jpgIn the news today is Senator Charles Schumer’s call for improved federal oversight of meat safety. From the Associated Press:

"The USDA has become a toothless tiger when it comes to keeping our meat clean and safe," Schumer told a news conference in Manhattan's meatpacking district. "Ensuring the safety of our meat and poultry requires immediate action."

. . . Schumer said he would reintroduce legislation that would give the USDA the power to temporarily shut down meat processing plants that repeatedly fail inspections for E. coli bacteria and expand the agency's authority to trace and recall contaminated food.

. . . "The better we inspect and protect our food supply, the safer we are against bacteria that can come both from unsafe plants and from people looking to cause harm and wreak havoc by tainting our food supply," Schumer said. "We need to be more vigilant than ever, and that applies to everything from airline security to food safety."

The staggering amount of recalled ground beef has given politicians something to get on a soapbox about, but we need less talk and more action. On September 12 we wrote about some of the food safety bills that are before Congress. All of them were read and referred to committee, where they continue to sit, some since the beginning of this year. Since September 12, more food safety bills have been introduced. At some point our federal legislators need to get out of the limelight and get down to work to make some of these bills law.

Source: "Schumer Calls for Tougher Meat Inspection Standards," Associated Press and Newsday, October 14, 2007 <http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--schumer-meatrecal1014oct14,0,5008480.story>
 

Tennessee E. coli Cases Linked to Cargill Hamburgers

3 E. coli cases in Tennessee have been linked to Cargill hamburger patties sold at Sam’s Club. According to a story on KnoxNews:

Two Knox County children . . .  also are being treated at UT Medical Center for E. coli-related illnesses.  In a news release late Monday night from the Knox County Health Department, the . . .  E. coli cases “have been positively linked to the ground beef recall.”

The family has said they believed the children contracted the illness from Cargill-brand hamburger patties purchased at Sam’s Club before a recent recall. They were not aware of the recall until after the children became ill.

The . . . children and a Knox County 14-year-old who has recovered from E. coli with the same “DNA fingerprint,” said Dr. Tim Jones, state deputy epidemiologist.

The E. coli outbreak linked to Cargill hamburgers purchased from Sam’s Club now has confirmed victims in Minnesota, North Carolina, Tennessee and Wisconsin, and E. coli cases in other states are being investigated.  In response to this outbreak, Cargill recalled about 845,000 pounds of hamburger patties.

Cargill Recall Prompted by E. coli Infections

On October 6, Cargill Meat Solutions Corporation recalled approximately 845,000 pounds of frozen hamburger patties because they may be contaminated with E. coli O157:H7.

The frozen ground beef patties were produced on various dates from Aug. 9 through Aug. 17, 2007, and were distributed to retail establishments, restaurants and institutions nationwide.  

sams-club-hamburgers.jpgTo date, people in Minnesota, North Carolina, Tennessee and Wisconsin have confirmed cases of E. coli that are associated with the recalled Cargill hamburger patties. The E. coli O157:H7 strain involved in this outbreak is particularly dangerous and an unusually high number of people have developed hemolytic uremic syndrome (HUS). One Minnesota woman is in a coma. Two children in Tennessee also are hospitalized. Another child in Tennessee is in critical condition with an E. coli infection. Health officials are awaiting test results to determine whether the child’s E. coli infection is associated with Cargill hamburgers.

Health officials believe a large amount of the recalled Cargill hamburgers may still be in consumers’ freezers. Please distribute the USDA-FSIS Cargill recall information below to friends and family:

Each label bears the establishment number "Est. 924A" inside the USDA mark of inspection. Products distributed to retail establishments, including Sam’s Club, and subject to recall:

  • 6-pound boxes of "American Chef's Selection Angus Beef Patties 18-1/3 Pound Patties." Each package bears a case code of "7703100" and various package codes of Best If Used By dates of "02/05/08," "02/06/08," "02/12/08," and "02/13/08."

Products distributed to restaurants and institutions and subject to recall include:

  • 20-pound boxes of "Grille Works Seasoned Sirloin Steak Beef Patties." Each package bears a case code of "7700296" and a package code "packed/chilled by 08/15/07."
  • 20-pound boxes of "TNT Thick 'n' Tender Beef Patties with Seasoning." Each package bears a case code of "7703003" and a package code "packed/chilled by 08/15/07."
  • 20-pound boxes of "TNT Thick 'n' Tender Beef Patties with Seasoning." Each package bears a case code of "7703008" and a package code "packed/chilled by 08/15/07."
  • 10-pound boxes of "TNT Thick 'n' Tender Beef Patties with Seasoning." Each package bears a case code of "7703092" and a package code "packed/chilled by 08/15/07."
  • 20-pound boxes of "TNT Thick 'n' Tender Black Angus Beef Patties with Seasoning." Each package bears a case code of "7703132" and a package code "packed/chilled by 08/15/07."
  • 20-pound boxes of "TNT Thick 'n' Tender Black Angus Beef Patties with Seasoning." Each package bears a case code of "7703133" and a package code "packed/chilled by 08/15/07."
  • 10-pound boxes of "TNT Thick 'n' Tender Black Angus Beef Patties with Seasoning." Each package bears a case code of "7703139" and a package code "packed/chilled by 08/15/07."
  • 20-pound boxes of "TNT Thick 'n' Tender Black Angus Ground Beef Patties." Each package bears a case code of "7700922" and a package code "packed/chilled by 08/15/07."
  • 32.4-pound boxes of "100% Black Angus Ground Beef Patties." Each package bears a case code of "7700932" and a package code "packed/chilled by 08/15/07."
  • 36.0-pound boxes of "100% Black Angus Ground Beef Patties." Each package bears a case code of "7700983" and a package code "packed/chilled by 08/15/07."

E. coli Associated with Topps, Sam's Choice, and Sam's Club

ground-beef.jpgThere have been two new recalls of ground beef:

  1. J & B Meats Corporation Inc. has recalled approximately 173,554 pounds of frozen ground beef products because they may be contaminated with E. coli O157:H7. The recalled ground beef was sold to Sam’s Club and other retail establishments under the Topps and Sam’s Choice brands. More information on the Topps and Sam’s Choice ground beef and E. coli outbreaks associated with Sam’s Club hamburgers can be found on our website, www.pritzkerlaw.com.
  2. Arko Veal Company has recalled approximately 1,900 pounds of ground beef products because they may be contaminated with E. coli O157:H7. The recalled ground beef was distributed to restaurants in Alabama, Georgia, North Carolina and South Carolina. There have been no reports of illness.

If you or your child has been diagnosed with E. coli, the likely source of the E. coli is ground beef. In addition to these recalls, over 27 million pounds of ground beef have been recalled in the last few months. To determine the source of the E. coli infection and pursue those responsible, it is critical for you to have DNA fingerprinting done on the E. coli that sickened you or your child. Please contact attorney Fred Pritzker for information regarding DNA fingerprinting, E. coli lawsuits, or any other legal matter related to your or your child’s E. coli infection. Our toll-free number is 1-888-377-8900, or contact one of our E. coli lawyers by submitting the firm’s online consultation form.

Wisconsin Cases Associated with Sam's Club Hamburger

We contacted the Wisconsin Department of Health and Family Services today regarding the E. coli outbreak linked to Sam’s Club hamburgers. There are now 4 people in Wisconsin with E. coli infections associated with Sam’s Club hamburgers (up from 1):

  • All 4 have laboratory-confirmed E. coli O157:H7 infections
  • They all ate “American Chef’s Selection Angus Beef Patties” from Sam’s Club
  • DNA fingerprinting has been done, and all 4 were sickened by the same strain of E. coli O157:H7 strain that sickened 4 children in Minnesota who also ate “American Chef’s Selection Angus Beef Patties” from Sam’s Club

Three Wisconsin counties are involved in the outbreak: Milwaukee (2), Outagamie (1), and Waukesha (1). The first onset of illness began on September 23, 2007. The 2 Milwaukee County cases may be associated with a cook out at Marquette University.

sams-club-hamburgers.jpgThe Wisconsin Department of Health and Family Services is recommending that anyone who purchased "American Chef's Selection Angus Beef Patties" from Sam's Club (Item Number 700141) after August 25, 2007 should return the product to the nearest Sam's Club or throw it away.  However, if someone has eaten any of the hamburgers from the box, you should wait to return or throw away the remaining hamburgers until you are sure no one has been sickened, 10 days after consumption. Additional hamburger products from the same producer, Cargill Meat Solutions, were also recalled.

Attorney Fred Pritzker is currently representing victims of E. coli outbreaks linked to ground beef. We are also representing the families of people who died from E. coli-related hemolytic uremic syndrome (HUS), including a Wisconsin family. If you have been diagnosed with E. coli after eating Sam’s Club hamburgers, please contact us toll-free at 1-888-377-8900 or submit the firm’s online consultation form for review by an attorney.We are a national law firm and represent victims of E. coli outbreaks throughout the United States.

35 E. coli Cases Associated with Topps Hamburgers

topps-hamburgers2.jpgNationally recognized E. coli litigation lawyer Fred Pritzker, is investigating cases of E. coli associated with Topps hamburgers. If you have been diagnosed with an E. coli infection and/or hemolytic uremic syndrome (HUS), please contact the firm toll-free at 1-888-377-8900 or submit the firm’s online consultation form

Genetic fingerprinting has identified 35 cases of E. coli O157:H7 associated with Topps hamburgers. The new information from the CDC is as follows:

Investigators compared the “DNA fingerprints” patterns of E. coli O157 strains found in ground beef with “DNA fingerprints” patterns of E. coli O157 strains isolated from ill persons. As of 12 PM (ET) October 9, 2007, 35 cases of E. coli O157:H7 infection have been identified with PFGE patterns that match at least one of the patterns of E. coli strains found in Topp's brand frozen ground beef patties. Ill persons reside in 8 states [Connecticut (2), Florida (1), Indiana (1), Maine (1), New Jersey (8), New York (11), Ohio (1), and Pennsylvania (10)]. Twenty-one (91%) of 24 patients with a detailed food history consumed ground beef. Three illnesses have confirmed associations with recalled products because the strain isolated from the person was also isolated from the meat in their home. The first reported illness began on July 5, 2007, and the last began on September 23, 2007. Among twenty-four ill persons for whom hospitalization status is known, fifteen (63%) were hospitalized. One patient developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths have been reported. Fifteen (45%) patients are female. The ages of patients range from 1 to 77 years; 52% are between 15 and 24 years old (only 14% of the US population is in this age group).

Salmonella Outbreak Associated with Banquet Pot Pies Made by ConAgra

The CDC, USDA and state health officials are investigating the Salmonella outbreak linked to Banquet pot pies made by ConAgra that has sickened at least 139 people in 30 states. The CDC is recommending that people not eat Banquet pot pies or pot pies made by ConAgra Foods that have a printed code ending in “P9.”  The multi-state outbreak of Salmonella I,4,[5],12:i:- (pronounced “four five twelve eye minus”) infections is ongoing.

According to the CDC:

Between January 1, 2007 and October 9, 2007, at least 139 isolates of Salmonella I,4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 30 states. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), California (5), Connecticut (3), Delaware (5), Georgia (2), Idaho (2), Illinois (3), Indiana (3), Kansas (2), Kentucky (7), Massachusetts (5), Maryland (5), Maine (1), Minnesota (5), Missouri (11), Montana (4), Nevada (6), New York (6), Ohio (6), Oklahoma (1), Oregon (2), Pennsylvania (13), Tennessee (5), Texas (4), Utah (2), Virginia (6), Vermont (2), Washington (1), Wisconsin (19), Wyoming (2). Their ages range from <1 to 87 years with a median age of 20 years; 49% of ill persons are female. At least 20 people have been hospitalized. No deaths have been reported.

According to a ConAgra press release regarding the Salmonella outbreak associated with Banquet pot pie, “The company believes the issue is likely related to consumer undercooking of the product.” ConAgra is wrong. Epidemiological evidence suggests that “the issue” in this outbreak “is likely related” to unsanitary conditions in a ConAgra plant allowing contamination of Banquet pot pies and other ConAgra pot pies with Salmonella. Anyone diagnosed with a Salmonella infection (salmonellosis) associated with ConAgra/Banquet pot pies has a claim against ConAgra and other parties that may be connected to this outbreak. 

Pritzker | Ruhonen is a leading food poisoning litigation law firm. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form. Pritzker Law is a national firm specializing in food poisoning litigation that represents victims of Salmonella outbreaks throughout the United States.

Wisconsin E. coli Case Associated with Cargill Hamburgers

sams-club-hamburgers.jpgAccording to the Wisconsin Department of Health and Family Services, an 18-year-old Wisconsin woman has contracted an E. coli infection associated with the E. coli outbreak linked to Cargill hamburgers that were sold by Sam’s Club under the American’s Chef brand. The Wisconsin woman is a resident of Milwaukee County. In addition to this Wisconsin woman, 4 children from Minnesota have been sickened in the Cargill hamburger/Sam’s Club hamburger E. coli outbreak. Two of the Minnesota children developed hemolytic uremic syndrome as a result of the E. coli O157:H7 infections. 

Health officials are investigating at least 4 other cases of E. coli O157:H7 that may be associated with the Cargill hamburger/Sam’s Club hamburger E. coli outbreak. To connect a case of E. coli O157:H7 to the outbreak, the DNA fingerprint of E. coli isolated from the patient has to match the DNA fingerprint of the outbreak E. coli.

If you have been diagnosed with E. coli and your case is associated with the Cargill hamburger/Sam’s Club hamburger E. coli outbreak, contact E. coli lawyer Fred Pritzker by calling toll-free at 1-888-377-8900 or submitting the firm’s online consultation form

There has been so much E. coli contamination of ground beef in the last few months (over 27 million pounds recalled) that any case of E. coli should be looked at as possibly associated with contaminated ground beef.  If you are diagnosed with E. coli, contact an E. coli lawyer at our office for a free consultation.


E. coli in Hamburgers Nationwide Problem

Frozen hamburger patties distributed throughout the nation to retailers, institutions and restaurants may be contaminated with E. coli O157:H7.  

  • topps-hamburgers2.jpgOn September 29, 2007, USDA-FSIS announced a recall of 21.7 million pounds of Topps hamburger patties due to an E. coli outbreak that, to date, has 32 cases of E. coli with matching DNA fingerprints. According to the CDC: Ill persons reside in 8 states [Connecticut (2), Florida (1), Indiana (1), Maine (1), New Jersey (7), New York (9), Ohio (1), and Pennsylvania (10)].


  • sams-club-hamburgers.jpgOctober 6, 2007, USDA-FSIS announced the recall of 845,000 pounds of Cargill hamburger patties due to an outbreak of E. coli associated with Cargill hamburgers sold at Sam’s Club stores in Minnesota.

 

If you or your child has been diagnosed with E. coli O157:H7, the likely cause is a recalled hamburger. For legal purposes, it is important that the correct tests and DNA fingerprinting be done. Please contact an E. coli lawyer at Pritzker Law by calling free at 1-888-377-8900 or submit the firm’s online consultation form. Our firm is currently representing victims of E. coli outbreaks linked to ground beef. The firm is also currently representing the families of people who died from E. coli-related hemolytic uremic syndrome (HUS).

E. coli Cases Linked to Sam's Club Hamburgers

sams-club-hamburgers.jpgPritzker Law is currently representing victims of Minnesota E. coli outbreaks linked to ground beef. The firm is a Minnesota personal injury law firm with extensive experience with E. coli litigation, including cases involving hemolytic uremic syndrome (HUS). If your child has been sickened by hamburgers sold at Sam’s Club, contact attorney Fred Pritzker toll-free at 1-888-377-8900 or at 612-338-0202. If you call after hours, our on-call attorney will contact you as soon as possible. The firm represents victims of E. coli outbreaks throughout the United States.

The Minnesota Department of Health issued a press release today regarding E. coli cases in Minnesota associated with American Chef’s beef patties sold at Sam’s Club stores in the Minneapolis/St. Paul area, including Sam’s Club stores in Eagan, Maple Grove and White Bear Lake (other stores may also have sold contaminated hamburgers).  These cases are not connected to the E. coli outbreak linked to Topps beef patties. The following is from the press release:

[Minnesota] health and agriculture officials are investigating four cases of E. coli O157:H7 infection in Minnesota children associated with eating ground beef patties purchased from Sam’s Club stores in August and September.

All four cases were related to pre-made frozen ground beef patties purchased at Sam’s Club stores in the Twin Cities metro area. The people became ill between September 10 and 20 after consuming the meat. The brand name of the implicated frozen ground beef patties was “American Chef’s Selection Angus Beef Patties.”

All four cases were children. Two of the cases developed hemolytic uremic syndrome and were hospitalized. One case has been discharged and one remains hospitalized.  [For information regarding compensation for medical expenses, loss of earnings, and pain and suffering, contact a lawyer at Pritzker Law toll free at 1-888-377-8900 or 612-338-0202.  Compensation in an E. coli lawsuit should include amounts for future expenses and future pain and suffering.]

“The Sam’s Club stores currently involved include the Eagan, Maple Grove and White Bear Lake stores. However, we can’t be certain that meat from other stores is not involved, since the brand of implicated frozen ground beef patties was likely sold at other Sam’s Club locations,” said Heidi Kassenborg, Acting Director of the Dairy and Food Inspection Division of the Minnesota Department of Agriculture (MDA).

American Chef’s Selection Angus frozen Ground Beef Patties that were purchased on or after August 26, 2007 from a Sam’s Club store, whether still in the refrigerator or freezer, should not be used, but should be discarded or returned to the store, officials said.  [E. coli is not killed by freezing temperatures, so any recalled Sam's Club hamburgers you have are potentially dangerous and need to be discarded or returned BUT ONLY IF YOU ARE SURE NO ONE HAS BEEN SICKENED.  The incubation period for E. coli is at most 10 days.  After that time, you should dispose of or return the recalled Sam's Club hamburgers.] 

“Thorough cooking kills E. coli bacteria. However, we know that some of this meat was contaminated so it is safer to eliminate the risk altogether by recommending that people not consume the meat,” said Kirk Smith, Supervisor of the Foodborne Illness Unit with MDH.

As a precautionary measure, Sam’s Club has voluntarily removed American Chef’s Selection Angus Frozen Ground Beef Patties from all of their stores and is cooperating fully with the investigation. MDA is working with the U.S. Department of Agriculture to determine the source of the product contamination.

Sam’s Club customers are urged to return or destroy any American Chef’s Selection Angus Ground Beef Patties purchased at any of their stores since August 26, 2007. Customers should return the product to any Sam’s Club immediately for a full refund. A receipt is not required.  [Again, if you have recalled Sam's Club hamburgers, do not return or discard them until you are sure no one was sickened.  If someone is diagnosed with an E. coli infection, contact Pritzker Law.] 

Symptoms of E. coli O157:H7 illness include stomach cramps, which can be severe, and diarrhea. Diarrhea begins as loose, watery stools, with stools often turning bloody within 1-3 days. E. coli O157:H7 disease sometimes leads to a serious complication called hemolytic uremic syndrome (HUS), which can include kidney failure. People typically become ill two to five days after eating contaminated food. E. coli disease should not be treated with antibiotics, which can cause additional complications.

People who have developed those symptoms after consuming this American Chef's hamburgers from Sam's Club should contact their physician.  [Contact Pritzker Law for information regarding testing that will need to be done to link your case of E. coli to Sam's Club hamburgers and/or the other recalled Topps hamburgers.]

30 Cases of E. coli Associated with Topps Hamburgers E. coli Outbreak

topps-hamburgers.jpgThe CDC is reporting 30 cases of E. coli O157:H7 linked to Topps hamburgers:

Investigators compared the “DNA fingerprints” patterns of E. coli O157 strains isolated from ill persons. As of 12 PM (ET) October 4, 2007, 30 cases of E. coli O157:H7 infection have been identified with PFGE patterns that match at least one of the patterns of E. coli strains found in Topp's brand frozen ground beef patties. Ill persons reside in 8 states [Connecticut (2), Florida (1), Indiana (1), Maine (1), New Jersey (7), New York (9), Ohio (1), and Pennsylvania (8)]. Twenty-one (91%) of 23 patients with a detailed food history consumed ground beef. Three illnesses have confirmed associations with recalled products because the strain isolated from the person was also isolated from the meat in their home. The first reported illness began on July 5, 2007, and the last began on September15, 2007. Among twenty-three ill persons for whom hospitalization status is known, fifteen (65%) were hospitalized. One patient developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths have been reported. Fourteen (47%) patients are female. The ages of patients range from 3 to 77 years; 50% are between 15 and 24 years old (only 14% of the US population is in this age group).

To contact an E. coli lawyer at Pritzker Law, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.

For more information regarding the Topps hamburger recall and related E. coli outbreak, please see the following on our website:

CDC Update: E. coli Outbreak Linked to Topp's Ground Beef Patties

The following is the latest update from the CDC:

topps-hamburgers.jpgSeveral state health departments, CDC, and the United States Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) are investigating a multi-state outbreak of Escherichia coli O157:H7 infections. On September 29, USDA issued a notice about a recall of 21.7 millions pounds of frozen ground beef patties. [The September 29 recall was an expansion of a September 25 recall of 300,000 of Topps ground beef patties. See a list of recalled Topps hamburger products.]

Health officials in several states who were investigating reports of E. coli O157 illnesses found that many ill persons had consumed the same brand of frozen ground beef patties. Ground beef patties recovered from patients' homes were tested by state public health department and federal laboratories. Tests conducted by the New York State Wadsworth Center Laboratory and by a USDA-FSIS laboratory on opened and unopened packages of Topp's brand frozen ground beef patties yielded E. coli O157 isolates with several different “DNA fingerprint” patterns.

Investigators compared the “DNA fingerprints” patterns of E. coli O157 strains found in ground beef with “DNA fingerprints” patterns of E. coli O157 strains isolated from ill persons. As of 12 PM (ET) October 3, 2007, 29 cases of E. coli O157:H7 infection have been identified with PFGE patterns that match at least one of the patterns of E. coli strains found in Topp's brand frozen ground beef patties. Ill persons reside in 8 states [Connecticut (2), Florida (1), Indiana (1), Maine (1), New Jersey (6), New York (9), Ohio (1), and Pennsylvania (8)]. Nineteen (90%) of 21 patients with a detailed food history consumed ground beef. Three illnesses have confirmed associations with recalled products because the strain isolated from the person was also isolated from the meat in their home. The first reported illness began on July 5, 2007, and the last began on September11, 2007. Among sixteen ill persons for whom hospitalization status is known, eleven (69%) patients were hospitalized. One patient developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths have been reported. Thirteen (45%) patients are female. The ages of patients range from 3 to 77 years; 48% are between 15 and 24 years old (only 14% of the US population is in this age group).

[Our law firm has had several contacts from people who ate Topps ground beef patties and are now sick. We suspect that the number of confirmed cases of E. coli O157:H7 linked to Topps ground beef patties will continue to grow.]

Consumers who have frozen ground beef patties should determine whether they have the recalled product and discard it or return it to the place of purchase.  [IF SOMEONE HAS EATEN SOME OF THE TOPPS GROUND BEEF PATTIES, DO NOT THROW THEM OUT OR RETURN THEM. THEY MAY BE NEEDED FOR EVIDENCE. KEEP THEM FOR ABOUT 10 AFTER THE SOMEONE LAST CONSUMED SOME OF THE PATTIES. IF NO ONE DEVELOPS AN E. COLI INFECTION, THROW THEM OUT OR RETURN THEM. IF SOMEONE IS DIAGNOSED WITH E. COLI, CONTACT PRITZKER LAW IMMEDIATELY.]

Each recalled package bears the establishment number “Est. 9748” inside the USDA mark of inspection and has a sell-by date between “SEP 25 07” and “SEP 25 08.”

Attorney Fred Pritzker practices extensively in the area of foodborne illness litigation and is currently representing victims of E. coli outbreaks linked to ground beef, spinach, and lettuce. The firm is also representing the families of people who died due to E. coli-related hemolytic uremic syndrome (HUS). E. coli-related HUS is the leading cause of kidney failure in children in the United States and the primary cause of E. coli deaths in children and adults.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form for review by an E. coli lawyer.

 

Indiana: 7 of 10 cases of E. coli May Have Developed into HUS

ecoliclump2.jpg7 children with E. coli infections linked to Galena Elementary School may have developed hemolytic uremic syndrome (HUS). A spokesman for Kosair Children’s Hospital told the Courier-Journal that “seven children with the bacterial infection were being treated for kidney failure at Kosair Children’s Hospital.” 

Hemolytic uremic syndrome (HUS) is the leading cause of kidney failure in children in the United States and can cause death or life-long illness. These little children are fighting for their lives and enduring incomprehensible pain. 

Given the possible need for long-term medical care, it is important for children who contract E. coli infections to be compensated for future medical expenses.  As one mother stated in an e-mail to us, “I was not fortunate enough to know how my daughter got infected.  But these people who do know the source, need to be compensated not only for their initial horrifying experience with HUS but for the even more costly, life changing events that may face them 10 or even 20 years from now.” For the sake of the children, it is important that the source of this E. coli outbreak be found. 

According to the story in the Courier-Journal, some parents are questioning Galena Elementary School’s decision to keep the school open after it became apparent there was an E. coli outbreak associated with the school:

Melissa Miller, president of the Galena PTO and the parent of a student there, said she and other parents continue to question the decision to keep the school open and believe closing it for a time would have been for the best once officials knew they had an E. coli situation.

"You wait until you know what you're dealing with," Miller said.

A temporary closing would have allowed investigators to make sure there were no more cases and would have given them more time in the building without students present, she said.

If you would like to speak with an E. coli lawyer at Pritzker Law, please call toll-free at 1-888-377-8900 or submit the firm’s online contact form.  

Update to E. coli Outbreak Traced to Galena Elementary School in Indiana

As an update to a previous entry, the E. coli outbreak traced to Galena Elementary School in Floyds Knobs, Indiana has 8 confirmed cases of E. coli O157:H7—up from 7 confirmed cases. All of the people with confirmed E. coli infections are children, and some of the children have developed hemolytic uremic syndrome (HUS), a life-threatening illness that can cause kidney failure and damage to other organs, including the pancreas, heart, and brain. 

Several more children and one adult also may have been sickened in this E. coli outbreak. Health officials are investigating these cases and expect one, at least, to be confirmed.

Health officials have not found a source of the E. coli bacteria involved in this outbreak. In cases involving elementary school children, food, water and petting zoos are usually the source of the E. coli. In recent months, millions of pounds of ground beef have been recalled, including a recent recall of 21.7 million pounds of Topps hamburgers. Health officials have reported that the Galena Elementary outbreak is not associated with the Topps hamburgers recall, but there have been so many recent recalls of ground beef, that the likelihood is that ground beef was involved in this outbreak.

Food poisoning attorney Fred Pritzker represents victims of E. coli outbreaks throughout the United States.  The firm is currently representing victims of E. coli outbreaks linked to ground beef, spinach and lettuce.  The firm is also representing families of people who died from E. coli-related HUS.  To contact our firm, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.

New Jersey E. coli Cases Associated with Outbreak Linked to Topps Hamburgers

topps-hamburgers.jpgURGENT UPDATE TO THIS ENTRY: Topps Meat Company has expanded the recall of Topps hamburgers to approximately 21.7 million pounds of hamburgers due to possible contamination with E. coli O157:H7.  At least 30 people have reported illnesses associate with this recall.  There are 7 people in New Jersey with E. coli cases associated with this outbreak.  The recalled hamburgers were sold nationwide, the bulk to states in the Northeast.
 
We have just contacted the New Jersey Department of Health regarding the multi-state E. coli outbreak linked to Topps hamburgers (see a list of the recalled Topps hamburger products on our website).  Here is the information we got on the E. coli cases reported in New Jersey:

  1. There have been 5 reported cases (7 cases as of Oct. 4)
  2. The people sickened are between the ages of 4 and 19
  3. 3 are female and 2 are male
  4. 2 of the 5 were hospitalized
  5. The investigation is ongoing
  6. The New Jersey Department of Health considers these 5 cases "associated" with the Topps hamburgers E. coli outbreak and not "confirmed" cases

Pritzker Law is one of the few law firms in the United States that practices extensively in the area of foodborne illness litigation.  To contact E. coli lawyers at firm, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.

Pennsylvania E. coli Cases and Topps Hamburgers

topps-hamburgers.jpgURGENT UPDATE TO THIS ENTRY: Topps Meat Company has expanded the recall of Topps hamburgers to approximately 21.7 million pounds of hamburgers due to possible contamination with E. coli O157:H7.  At least 30 people have reported illnesses associate with this recall.  The recalled hamburgers were sold nationwide, the bulk to states in the Northeast.

 

PENNSYLVANIA TOPPS E. COLI CASES AND TOPPS LAWSUIT INFORMATION

  • 8 people in Pennsylvania have confirmed cases of E. coli linked to Topps hamburgers. The Pennsylvania Department of Health and the CDC have reported that all 8 were sickened by E. coli with PFGE patterns (DNA fingerprints) that match a Topps E. coli outbreak PFGE pattern.
  •  Topps Meat Corporation has recalled over 21.7 pounds of ground beef hamburgers.  The recalled Topps hamburgers were sold at a number of grocery stores and Wal-Mart. The recalled Topps hamburgers were sold under the following brand names: Topps, Butcher's Best, Kohler Foods, Sand Castle Fine Meat and Westside.
  • Topps E. coli lawsuits have been filed in Florida and New York.
  • This E. coli outbreak also involves people sickened in Connecticut, Florida, Indiana, Maine, New Jersey, New York,  Ohio and Pennsylvania. The meat was sold nationwide.
  •  The Pennsylvania counties involved in the outbreak so far are Centre, Chester, Cumberland, Dauphin, Northampton and Philadelphia. 

E. coli lawyers at Pritzker Law have extensive experience with E. coli lawsuits.  They are currently representing victims of E. coli outbreaks linked to ground beef, spinach, and lettuce.  They are also representing the families of people who died in E. coli outbreaks.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.  Attorney Fred Pritzker represents victims of E. coli outbreaks throughout the United States.

Indiana E. coli Outbreak Connected to Galena Elementary School

There are now 7 confirmed cases and 6 probable cases of E. coli in Floyd County, Indiana.  Most of the people sickened  are elementary students who attend Galena Elementary School in Floyds Knobs, Indiana.  Most of the children with confirmed cases of E. coli are hospitalized.  It is hard to write this in such a matter-of-fact way when innocent children are suffering excruciating pain.  The following is an excerpt from Wave3 TV:

One mother, in particular, is upset not only about how the situation was handled, but also because she has to watch helplessly while her 6-year-old daughter suffers. "No child should ever have to endure, the stuff that  she's gone through," said Marcia Jacobi.

Jacobi says her daughter, Sydney, started showing symptoms of the illness last Wednesday. She had her tested and diagnosed within a day, but her condition has worsened.  Her platelets are down and she could have to be put on dialysis. . . .

Jacobi says her daughter screams when she goes to the bathroom. "It's just unbearable to listen to her."

Sydney must have developed hemolytic uremic syndrome (HUS), the leading cause of kidney failure in children in the United States.  About 5% of the children who get HUS die; others never fully recover.  The following is an excerpt of an e-mail we received:

My daughter was infected with E. Coli in August 2000 at the age of 3.  She developed HUS and was hospitalized for 2 weeks; 10 days on dialysis.  We have just hit the 7 year mark and she has developed mild hypertension and protein in her urine.  She is now taking an ACE inhibitor which is working for both problems and her doctor says it will get her through her "growing years".  Doctors don't seem to want to try to predict the future, but I have accepted the fact that she will need a transplant at some point in her young adult life.  The reason for this email is to stress that there is no crystal ball to determine how well someone will "recover".  It may take years before it is known what damage was really done.  I was not fortunate enough to know how my daughter got infected.  But these people who do know the source, need to be compensated not only for their initial horrifying experience with HUS but for the even more costly, life changing events that may face them 10 or even 20 years from now.

Fred Pritzker is a leading E. coli litigation lawyer.  To contact Pritzker Law, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.

E. coli Cases Associated with El Rancherito Restaurant in Effingham, IL

We just contacted the Effingham County Health Department (Illinois) to get the most up-to-date information on the E. coli cases associated with the El Rancherito restaurant in Effingham, Illinois. There are 6 confirmed cases of E. coli O157. These people ate at the El Rancherito between September 11th and 13thE. coli symptoms appeared between September 14th and 17th.  All of the people were hospitalized.  One is still in the hospital.  Epidemiological evidence—the fact that all of the victims ate at the El Rancherito—is all that is available so far to associate the 6 cases of E. coli with the restaurant and each other.

PFGE-ecoli.jpgGenetic fingerprinting is being done on E. coli isolates from the people’s stool samples to determine if the cases of E. coli were caused by the same source and thus part of an “outbreak.” Pulse-field gel electrophoresis (PFGE) is the DNA "fingerprinting" method that health officials use to determine the source of bacterial outbreaks, including E. coli outbreaks. Like human fingerprints, each bacteria and its offspring have a unique PFGE pattern. If two bacteria are found with an indistinguishable pattern, it is likely that they have a common source and are part of an outbreak.  If all 6 cases of E. coli associated with the El Rancherito have matching PFGE patterns, all 6 will be considered part of an E. coli outbreak.  Any food and water samples taken from the El Rancherito will also be tested for E. coli, and the PFGE patterns of any E. coli isolates will be determined.

The county is getting calls from additional people who became ill after eating at El Rancherito, but the county has not obtained any stool samples (for testing) from people since the 17th.  The county has been telling people who are taking antidiarrheal medication to get off of it, so the county can get a stool sample and test for E. coli.

Attorney Fred Pritzker is a leading E. coli litigation lawyer.  We are currently representing victims of outbreaks associated with restaurants and the family of a woman who died in an E. coli outbreak associated with a restaurant.  We are representing several victims of a foodborne outbreak in Illinois.  To contact an E. coli lawyer at the firm, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.

Piggly Wiggly Ground Beef Recall Prompted by Two Cases of E. coli

ground-beef-ecoli.jpgFresh Brands Distributing Inc. announced a Piggly Wiggly ground beef recall after E. coli infections in two people were associated with beef bought in Piggly Wiggly stores in Monroe and Sister Bay, Wisconsin.  The Piggly Wiggly ground beef affected by the E. coli recall includes “ground chuck" and "certified angus beef ground round 85 percent lean," with sell-by dates from July 15 through August 5, 2007.  The recall only involves ground beef sold in the company's Wisconsin-based Piggly Wiggly stores. 

If consumers still have any of the recalled ground beef, it is most likely in the freezer. Freezing does not kill E. coli bacteria.  

“Well, if it doesn’t get past my nose, it’s not going in the skillet. If I can smell there’s something wrong or it doesn’t look right, it’s getting thrown out,” Kevin Hartmann, a Piggly Wiggly customer, told TODAY’S TMJ4, a Milwaukee television station.  Along with many others, Mr. Hartmann does not know that beef contaminated with E. coli does not look, smell, or taste unusual.

If you have any of the recalled ground beef in your freezer, that beef may be harboring a silent and deadly pathogen. If no one has eaten any of the beef in 10 days, return it to Piggly Wiggly for a refund. If someone has eaten some of the beef, wait for 10 days from the time it was eaten, and then return it. DO NOT EAT ANY OF THE RECALLED PIGGLY WIGGLY GROUND BEEF.

If anyone who has eaten the recalled Piggly Wiggly ground beef develops symptoms of an E. coli infection, contact a doctor immediately. E. coli symptoms include watery and/or bloody diarrhea (possibly explosive), severe abdominal cramps, and sometimes nausea and vomiting. 

Pritzker Law, a leading E. coli litigation law firm, is currently representing victims of E. coli outbreaks associated with ground beef. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Key to Controlling E. coli Contamination is Controlling the Water Supply

In an interview with Channel 49 News out of Topeka, Kansas, Professor Daniel Fung had this to say about E. coli O157:H7, “When this strain occurs, it is very serious, because many people can get very sick and children can die.”  Professor Fung, a Kansas State microbiology professor, has spent his 30 years at Kansas State studying E. coli and other foodborne pathogens.  

lettuce-field1.jpgIn the interview, Professor Fung provides insight into what he thinks is the primary source of E. coli contamination on lettuce farms:

It isn’t his job to find out what caused this latest recall of Dole’s packaged lettuce. However, he teaches his students where the FDA should start looking.

“Make sure that the manure didn’t go into the field at the same time,” he said. “If you can control the water supply better, then you will have a better chance of controlling the micro-organisms.”

To watch Channel 49’s interview of Professor Fung, click here.

3 E. coli O157:H7 Cases Prompt Stew Leonard's Beef Recall

Three cases of confirmed E. coli O157:H7 have prompted Stew Leonard’s grocery store in Yonkers, New York, to recall 96% lean ground round.  (Update: A fourth case of E. coli O157:H7 has been reported.) The package of ground beef in question was purchased on July 21, 2007. The company “out of an abundance of caution” has recalled all Stew Leonard’s 96% lean ground round that was purchased between June 30, 2007 and August 1, 2007. At this point, the only remaining recalled meat is in consumers’ freezers.

ecolicow.jpgAccording to a press release issued by Stew Leonard’s, the company recalled the meat “after learning that three confirmed cases of E. coli 0157:H7, from the same family, occurred after eating undercooked 96% Lean Ground Round.”  It is interesting that the company made a point of saying the family ate “undercooked” beef. These cases of E. coli O157:H7 are not the fault of the family member who made the fateful meal. Where there is E. coli in ground beef, there is cow feces. The family did not put the cow feces in their beef. The feces got there because of poor sanitation. Someone was negligent.

Attorney Fred Pritzker has extensive experience investigating E. coli outbreaks and presenting the evidence gathered to obtain compensation for E. coli victims from responsible parties. To contact an E. coli lawyer at Pritzker Law, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Food Safety Bills: Excerpts and Comments

The following are some of the bills in the House and Senate that address problems with food safety brought to light by recent food recalls and foodborne outbreaks.
  1. Establishment of Food Safety Administration.  Both S. 654 and H.R. 1148 (Safe Food Act of 2007) would establish a new and independent Food Safety Administration (FSA).  According to S.654 and H.R.1148, the purpose of the FSA would be to:
    (A) regulate food safety and labeling to strengthen the protection of the public health;
    (B) ensure that food establishments fulfill their responsibility to produce food in a manner that protects the public health of all people in the United States;
    (C) lead an integrated, system-wide approach to food safety and to make more effective and efficient use of resources to prevent food-borne illness;
    (D) provide a single focal point for food safety leadership, both nationally and internationally; and
    (E) provide an integrated food safety research capability, utilizing internally-generated, scientifically and statistically valid studies, in cooperation with academic institutions and other scientific entities of the Federal and State governments, to achieve the continuous improvement of research on food-borne illness and contaminants;
    Under both bills the following would be transferred to the new FSA:
    (1) the Food Safety and Inspection Service of the Department of Agriculture (USDA-FSIS); (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration; (3) the part of the Agriculture Marketing Service that administers shell egg surveillance services established under the Egg Products Inspection Act (21 U.S.C. 1031 et seq.); (4) the resources and facilities of the Office of Regulatory Affairs of the Food and Drug Administration that administer and conduct inspections of food establishments and imports; (5) certain resources and facilities of the Office of the Commissioner of the Food and Drug Administration; (6) the Center for Veterinary Medicine of the Food and Drug Administration; (7) the resources and facilities of the Environmental Protection Agency that control and regulate pesticide residues in food; (8) the part of the Research, Education, and Economics mission area of the Department of Agriculture related to food safety and animal feed research; (9) the part of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce that administers the seafood inspection program; (10) the Animal and Plant Inspection Health Service of the Department of Agriculture; and (11) such other offices, services, or agencies as the President designates by Executive order to carry out this Act.
    This long list of transferred agencies is a reminder of the fragmented state of food safety regulation in the United States. The establishment of the Food Safety Administration is necessary, although consolidation would create new problems.
  2. Establishment of a program requiring a certificate of assured safety for imported food items.  H.R.2997 (Assured Food Safety Act of 2007) would address the current concern regarding food imported from China and other countries.  The bill provides the following safeguards:
    (1) establish requirements for a food item to be issued a certificate of assured safety by the government of the country from which the food item is to be imported into the United States; and (2) prohibit a food item that does not bear a certificate of assured safety from being imported into the United States.Food Import Oversight. U.S. food imports have increased significantly in recent years, raising questions about whether U.S. safeguards, which generally were created at a time when most Americans obtained their foods domestically, sufficiently protect public health.
    Failure to provide an assured level of safety would result in the following:
    (1) PROHIBITION- If a food item fails to provide the level of safety assured in the certificate required under this section for such item, the Secretary and the Commissioner shall prohibit the importation of any food item that is the same type of food, is produced by the same person, and is produced in the same country until the Secretary or the Commissioner, as appropriate--(A) is given an opportunity to inspect the place of production of the food to determine whether appropriate corrections have been made; and (B) determines that such country has taken sufficient steps to identify and correct the failure. (2) HEIGHTENED INSPECTION- For a period of 3 years after removing a prohibition against importation of a food item described in paragraph (1), the Secretary and the Commissioner shall require a heightened inspection of any such food item to provide reasonable assurance to consumers of their safety.
    S.1776 (Imported Food Security Act of 2007) also would establish a certification program.  The bill provides a certification standard:
    Certification Standard- A foreign government or foreign food establishment requesting a certification to import food to the United States shall demonstrate, in a manner determined appropriate by the Secretary, that food produced under the supervision of a foreign government or by the foreign food establishment has met standards for food safety, inspection, labeling, and consumer protection that are at least equivalent to standards applicable to food produced in the United States.
    Given recent foodborne outbreaks in the United States linked to food grown and processed in the United States, it is not necessarily comforting to have the standard be "at least equivalent to standards applicable to food produced in the United States."  S.1776 also has a provision supporting research on testing techniques for inspections of imported food:
    (1) IN GENERAL- The Secretary shall (directly or through grants or contracts) provide for research on the development of tests and sampling methodologies, for use in inspections of food under this section--(A) whose purpose is to determine whether food is adulterated by reason of being contaminated with microorganisms or pesticide chemicals or related residues; and (B) whose results are available not later than approximately 60 minutes after the administration of the tests.
  3. Establishment of a system for tracing meat and poultry.  S.1292 (Meat and Poultry Products Traceability and Safety Act of 2007) states as its purpose:
    To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to improve the safety of meat and poultry products by enhancing the ability of the Secretary of Agriculture to retrieve the history, use, and location of a meat or poultry product through a recordkeeping and audit system or registered identification, and for other purposes.
    There is also a trace-back provision in S.654 and H.R.1148, the bills that would establish the Food Safety Administration.
  4. Establishment of federal authority to recall unsafe foods.  Generally, neither the Food and Drug Administration (FDA) nor Esta's Food Safety and Inspection Service (SIS) has authority to order a recall of unsafe foods.  S.1274 and H.R.2108 (Human and Pet Food Safety Act of 2007) provide for a mandatory recall of unsafe food if the manufacturer, distributor, or other responsible party does not instigate a voluntary recall.  S.654 and H.R.1148 (the bills that would establish the Food Safety Administration) also provide authority to keep unsafe food from consumers. Under these bills, the new FAA would have the authority to recall unsafe products.  The mandatory recall language in all 4 bills is identical, except for the word "Secretary" in S.1274 and H.R.2108 is replaced with the word "Administrator" in S.654 and H.R.1148:
    MANDATORY ACTIONS- If a person referred to in paragraph (1) refuses to or does not adequately carry out the actions described in that paragraph within the time period and in the manner prescribed by the Administrator, the Administrator shall-- (A) have authority to control and possess the food, including ordering the shipment of the food from the food establishment to the Administrator-- (i) at the expense of the food establishment; or (ii) in an emergency (as determined by the Administrator), at the expense of the Administration; and (B) by order, require, as the Administrator determines to be necessary, the person to immediately-- (i) cease distribution of the food; and (ii) notify all persons-- (I) processing, distributing, or otherwise handling the food to immediately cease such activities with respect to the food; or (II) if the food has been distributed, transported, or sold, to immediately cease distribution of the food.
All of the above bills would improve food safety in the United States. Although the creation of a new food-safety agency is understandably controversial, there is no reason the other bills should not become law.  Contact your federal legislators and tell them you care about food safety and want them to take action.

A CDC Report on Salmonella Outbreaks Linked to Tomatoes

freshtomatoes.jpgThis week’s Morbidity and Mortality Weekly Report (MMWR) includes a CDC report on 4 large Salmonella outbreaks linked to tomatoes served at restaurants. The CDC report pointed out that there is a particular concern regarding fresh tomatoes served at restaurants “because restaurants often store and handle tomatoes in ways that allow for amplification of bacteria.”

In 2 of the Salmonella outbreaks, the tomatoes were contaminated at the farm. (Investigations of the other 2 outbreaks were inconclusive.) In a Salmonella Newport outbreak, the outbreak strain of Salmonella Newport was found in irrigation pond water near tomato fields associated with the outbreak.  The environmental investigation of a Salmonella Braenderup outbreak revealed that “multiple potential animal reservoirs of Salmonella (e.g., cattle, wild pigs, wild birds, amphibians, and reptiles) were present in and adjacent to the drainage ditches.”

Continue Reading...

Consumer Diagnosed with Bronchiolitis Obliterans

popcorn.jpgOn our website, we have pages of information on diacetyl and bronchiolitis obliterans, also known as “popcorn worker’s lung” or “microwave popcorn disease.” Most of the people who develop bronchiolitis obliterans are workers in microwave popcorn plants who have been exposed to high levels of diacetyl, but now a consumer of microwave popcorn has been diagnosed with the disease.

According to a New York Times story:

The man told Dr. Rose that he had eaten microwave popcorn at least twice a day for more than 10 years.

“When he broke open the bags, after the steam came out, he would often inhale the fragrance because he liked it so much,” Dr. Rose said. “That’s heated diacetyl, which we know from the workers’ studies is the highest risk.”

Dr. Rose measured levels of diacetyl in the man’s home after he made popcorn and found levels of the chemical were similar to those in microwave popcorn plants.¹

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Northwest Finest Ground Beef USDA-FSIS Alert

ground-beef.jpgAn E. coli outbreak that has sickened six people in Washington and 2 people in Oregon has led to a USDA-FSIS public health alert regarding “Northwest Finest” ground beef products made by Interstate Meats, based in Oregon.

The illnesses were reported in late July and the first week of August.  The Washington cases included one child and five adults in King, Island and Clallam counties. Two people were hospitalized and have since recovered.

The “Northwest Finest” ground beef products include the following:

  • 16-ounce packages of "Northwest Finest 7% FAT, NATURAL GROUND BEEF." The label bears a UPC code of 752907 600127.
  • 16-ounce packages of "Northwest Finest 10% FAT, Organic GROUND BEEF." No UPC code is available.

Each package also bears the establishment number "Est. 965" inside the U.S. Department of Agriculture mark of inspection as well as a sell-by date between August 1 and August 11.

The ground beef products were produced on various dates between July 19 and July 30 and distributed in Alaska, Idaho, Oregon and Washington. The organic product was sold at QFC, Fred Meyer, and Safeway stores in Oregon, Washington, Idaho, and Alaska. The natural product was sold at Safeway stores in Oregon, Washington and possibly elsewhere.

"The first eight confirmed cases were in six households, one in Oregon and five in Washington, said Dr. William E. Keene, senior epidemiologist at the Oregon Public Health Division's communicable disease section." Our investigation revealed that these households had purchased ground beef from the same source at grocery stores in Oregon and Washington."

Several other household members later became ill through what may have been person-to-person spread, Dr. Keene said.

We urge consumers to look for the recalled “Northwest Finest” ground beef products in refrigerators and freezers. If no one has eaten any of the ground beef, return it for a refund. If someone has eaten some of the beef, keep it for at least 10 days from the last day some of it was consumed. The incubation period for E. coli O157:H7 can be as long as 10 days. If someone becomes ill and is diagnosed with an E. coli O157:H7 infection, contact an E. coli lawyer immediately.

Pritzker Law has extensive E. coli lawsuit experience, and the firm is currently representing victims of E. coli outbreaks linked to beef. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

E. coli-Related Death in Alabama

ecoli.jpgThe E. coli outbreak linked to Little Rosie’s Taqueria, a Huntsville, Alabama restaurant, claimed the life of a woman yesterday, according to a story on WAFF48News.   Our thoughts and prayers are with the family.  Epidemiological evidence, including statistical analysis and victim interviews, pointed to shredded lettuce served June 28-29 as the most likely source of the E. coli outbreak, Health officials believe the shredded lettuce was contaminated with E. coli bacteria by a Little Rosie’s Taqueria food handler.

Earlier in June of this year, an E. coli outbreak linked to the Captain’s Galley in China Grove, North Carolina claimed the life of Faye Sides, a dearly loved aunt who loved gardening and was an active member of her church. An investigation of the outbreak revealed that a goat had been slaughtered in the restaurant’s kitchen the night before she ate there.

Last summer, fresh spinach tainted with E. coli claimed the life of a dearly loved mother and grandmother.  Please see the WCCO News story, "Family Fights for Food Safety after E. coli Death."  

Attorney Fred Pritzker has a national practice representing E. coli victims and their families. To contact an E. coli lawyer at Pritzker Law, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form

Norovirus Outbreaks Increased in Nursing Homes in 2006

In the recent issue of the Morbidity and Mortality Weekly Report (MMWR), the CDC reports its analysis of the incidences of outbreaks of acute gastroenteritis (AGE), including norovirus outbreaks.  The CDC analysis suggests that a national increase has occurred in the frequency of AGE outbreaks caused by norovirus (including fatal cases in long-term–care facilities). One reason for this increase is that two new norovirus strains emerged nationwide in 2006. People were not immune to these strains.

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USDA Awards $5.5 Million for Research of E. coli O157:H7 in Fresh Produce

spinach-2.jpgPrompted by a number of E. coli outbreaks involving spinach and lettuce, the US Department of Agriculture (USDA) will provide nearly $5.5 million to support collaborative research to identify risk factors and preventive measures for E. coli O157:H7 contamination in fresh produce.

"This research will help producers identify the sources of E. coli O157:H7 and ways to avoid contamination," Johanns said. "Developing new research and prevention tactics for the grower will contribute to assuring produce safety for consumers."

USDA's Agricultural Research Service (ARS) and Cooperative State Research, Education, and Extension Service (CSRES) are providing the funding to ARS researcher Rob Mandrell and his collaborators at the University of California to continue their research in the Central Valley of California.  Over the next three years ARS will contribute $5 million and CSREES will contribute $470,999.

Mandrell will address where E. coli O157:H7 originates, how it survives on the plant, and what factors lead to an increase in produce-related outbreaks. Potential risk factors include animals, land practices, packing and processing processes, and wildlife.

Additionally, the project will feature workshops and publications to educate the animal operators, natural resource managers, and the public about  the following:
  • Animal diseases that can be transferred to humans
  • How animal waste can contaminate water sources
  • Beneficial management practices for maintaining and improving water runoff quality

5 Confirmed Cases of E. coli O157:H7 and One Case of HUS in Colorado

We contacted Eagle County today to get the most current information on the E. coli O157:H7 outbreak that has sickened several young children in Colorado. DNA fingerprinting has confirmed 5 cases of E. coli O157:H7 that are connected to each other. 2 other cases of E. coli O157:H7 are suspected. All of the confirmed and suspected cases involve children under the age of 5. There is one child who has developed hemolytic uremic syndrome (HUS), the leading cause of kidney failure in children in the United States. The child was critically ill and is now improving.

Health officials believe the first case involved a local swimming pool and the secondary cases involved 2 child-care centers.  Analysis of the DNA fingerprinting did not find a connection between these cases of E. coli O157:H7 and any recalled ground beef or other food product. 

There have been no new cases reported since Friday, leading health officials to believe that the outbreak has been contained.

Our firm is currently representing an E. coli victim from Colorado. To contact a lawyer at the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Colorado Children Sickened with E. coli

ecoli.jpgSeveral children in Eagle County, Colorado have confirmed cases of E. coli.  Health officials have not determined the source of the outbreak, and they are focusing their investigation on swimming pools and child-care centers.  We will be contacting Eagle County on Monday regarding the following:

Salmonella Senftenberg Outbreak Linked to Arby's in Washington

salmonella culture.jpgGrant County Health District and their regional epidemiologist, with cooperation from the State Department of Health, have linked some of the reported 17 cases of Salmonella Senftenberg to the Arby’s Restaurant on Stratford Road in Moses Lake, Washington. Because not all cases have been linked to the restaurant at this time, health officials continue to investigate other potential sources of the Salmonella Senftenberg.

“We feel this is a good opportunity to remind ALL food establishment owners, managers and employees, that frequent hand washing and staying home when ill is critical to prevent the spread of illnesses through food," said Peggy Grigg, Health District Director of Personal Health Services and Administrator. "Ill food workers should not report to work (or should be excluded), and managers at food establishments should study, learn and follow the latest food code rules, which have been recently revised but are in effect now."

About 2,000 different types of Salmonella exist. The strain of Salmonella involved in this outbreak, Salmonella Senftenberg, is rare and caused less than 0.1% of all Salmonella cases in Washington in 2006.

You should be tested for Salmonella Senftenberg if you experience the following symptoms, which generally appear one to three days after exposure: Severe diarrhea, bloody diarrhea, fever, chills, abdominal discomfort, and occasionally vomiting.

Pritzker Law, a leading foodborne illness litigation law firm, has recently settled a case involving a Salmonella outbreak linked to a restaurant. In that case health officials could not pinpoint the food-source of the outbreak. To contact an atrorney at Pritzker Law, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Hawaii E. coli Outbreak Linked to Lettuce

ecoli.jpgThe Hawaii Department of Health has been investigating an E. coli outbreak on the island of Kaua'i. At least 8 people were sickened, four of whom were hospitalized. After 4 months of investigating the cases, health officials determined that the most likely source of the outbreak is floodwater from a nearby cow pasture, meaning cow manure containing E. coli O157:H7 washed into a lettuce field, got onto some lettuce leaves, and was consumed with the lettuce leaves by at least 8 unsuspecting customers at a restaurant. 

A story in the Honolulu Advertiser provides an interesting chronology of events leading to the discovery of the likely source of the outbreak:

The Health Department conducted extensive interviews with each of the known victims. The eight had not stayed in the same place on Kaua'i, had not swum in the same place or been in contact with the same animals. Between them, they had eaten in 37 different establishments.

Health investigators took DNA from the disease organisms in patients, and were able to determine that the strain of E. coli O157 bacteria in all the victims had the same DNA "fingerprint." That suggested there was a common source for the infections. . . .

Investigators focused on food, and studied the menus at each of the 37 Kaua'i restaurants. Because no victims appeared to have contracted the disease outside Kaua'i, it was assumed it must come from some local source.

"It was determined that one item, locally produced lettuce, was common to at least one restaurant eaten at by each case during their probable exposure," said Janice Okubo, public information officer for the state Department of Health.

Investigators then headed out to local lettuce farms, and located one farm — which has not been named — that was situated near a cattle farm. There was evidence of local flooding in the area in late February and early March, which could have carried bacteria from cattle manure from the pasture to the crop. Effler said it is likely that the farm was the source of the contaminated lettuce, but not certain.

Cattle are a natural reservoir for E. coli O157, and when samples were taken from cattle in the region where the farm was located, they were found to have the same subtype of E. coli O157 that infected the eight people in Kaua'i in March.

Souplantation Shigella Investigation

Our firm is investigating the Shigella outbreak associated with the Souplantation restaurant on Lake Avenue in Pasadena, California.  At least 30 people who ate at the restaurant from Sunday, July 22 through Tuesday, July 24 have reported illness. Health officials have not determined the source of the outbreak.  In a Shigella outbreak linked to a restaurant, the source can be an infected food handler who has not used good hygiene—the food handler’s feces contaminate food that is then served to restaurant customers.  The source may also be food or water that has been contaminated in other ways. 

In many outbreaks, health officials are not able to conclusively determine the source of the outbreak.  Even if health officials are not able to pinpoint a source of an outbreak associated with a restaurant, victims of the outbreak have a claim against the restaurant. If you have questions about a restaurant's  liability for damages in a Shigella outbreak, please contact Pritzker Law for a free consultation, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form

Shigella Sickens Souplantation Patrons

shigellastool.jpg** OUTBREAK UPDATE: Our firm is investigation the Shigella outbreak associated with the Souplantation restaurant in Pasadena.  For Souplantation lawsuit information, please contact Pritzker Law toll-free at 1-999-377-8900 or submit the firm's online consultation form. **


At least 30 patrons of the Souplantation restaurant in Pasadena, California, were sickened by Shigella, according to a story on KABC-TV. Shigella causes gastrointestinal illness, and in rare cases, Shigella can cause Reiter’s syndrome, a form of arthritis, and hemolytic uremic syndrome (HUS), a leading cause of kidney failure in the United States.

In March of this year, an E. coli outbreak was linked to the Foothill Ranch Souplantation. At least 15 people were sickened.

Recalled Products Still Being Sold

austexchilisauce.jpgOne child hospitalized in Texas with botulism poisoning is still in critical condition a month after becoming ill. According to the CDC, the child ate Castleberry’s Austex Hot Dog Chili Sauce Original for lunch on June 28. Both the child and a sibling became severely ill and were hospitalized. The child’s sibling was released from the hospital on July 26. 

It took over 2 weeks for Castleberry’s to recall the Austex Hot Dog Chili Sauce and and other brands of chili sauce. A few days later, on July 21, the recall was expanded to include over 90 products (millions of cans of food), all of which may be contaminated with Clostridium botulinum, the bacterium that causes botulism. 

Yesterday, Castleberry’s Food and the FDA published an urgent press release because the recalled products are still being sold at some locations. "Our primary focus is making sure that no potentially contaminated products are on grocery shelves, in peoples' homes or in emergency food supplies," said Steve Mavity, SVP Technical Services/Quality Assurance for Castleberry's. "Surveys by our own audit team, as well as those by inspectors from federal, state and local health agencies, confirm that some retail outlets, especially smaller independent and convenience stores, may still have recalled products available for sale. We are renewing our warning not to sell, open, or consume these products."

"Consumers, retailers, restaurants, food pantries and others should reconfirm that all products included in the recall, regardless of best-by date, are immediately disposed of," Mavity said. "Check the product description and can size of products included in the recall and follow disposal instructions communicated by Castleberry's and recommended by governmental agencies. In addition, consumers should notify family members and friends about the recall." 

We have provided a page on our website with the list of recalled products and instructions for handling and disposal. Please send our page entitled “Botulism Poisoning Recall and Instructions for Disposal” to family and friends.  Indiana health officials are investigating one case where a man became ill after consuming a recalled product on Sunday--several days after the recall of the product.

Indiana Investigates Possible Case of Botulism

chili-sauce.jpgThere are 2 confirmed cases of botulism in Indiana, and Indiana health officials are investigating a possible third case. All 3 cases are associated with Castleberry’s Food products that were recalled due to possible contamination with Clostridium botulinum, the bacterium that causes botulism. The 2 people with confirmed cases of botulism ate Castleberry’s Hot Dog Chili Sauce Original. 

According to the Indiana Department of Health, the investigation of the third case revealed that the person ate one of the recalled products on Sunday before becoming ill and experiencing symptoms of botulism. Health officials are awaiting the results of testing to determine if this is a case of botulism. 

In addition to the cases in Indiana, there have been 2 confirmed cases in Texas. Health officials in other states, including Georgia, Hawaii, and California are also investigating reported cases of botulism.

The recall of Castleberry’s Food chili sauce and other products began on July 18 and has been expanded to include about 90 products, including chili, corned beef, stew, and pet food packaged under a number of different brand names. The third case of botulism in Indiana may be associated with consumption of a recalled product on July 29, over a week after the recall. Please let your friends, relatives, and neighbors know about this recall.

Pritzker Law, a leading foodborne litigation law firm, is printing the full list of recalled products below as a public service. Please send the list to your friends, family, and neighbors. It is critical that people do not eat any of the recalled products.

Without Meat 

Hot Dog Chili Sauces

SIZE

UPC CODES

Castleberry's Austex Onion Hot Dog Chili Sauce

10 OZ

30300-97101

Castleberry's Austex Hot Dog Chili Sauce

10 OZ

30300-99533

Castleberry's Hot Dog Chili Sauce

10 OZ

30300-00101

Castleberry's Onion Hot Dog Chili Sauce

10 OZ

30300-07101

Castleberry's Bunker Hill Hot Dog Chili Sauce

10 OZ

75266-04152

Kroger Hot Dog Chili Sauce

10 OZ

11110-83942

Meijer Hot Dog Chili Sauce

10 OZ

41250-85862

Food Lion Hot Dog Chili Sauce

10 OZ

35826-06911

Bloom Hot Dog Chili Sauce

10 OZ

25439-92448

Thrifty Maid Hot Dog Chili Sauce

10 OZ

21140-21367

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Possible Cases of Botulism in Hawaii

Johnathan Stockton, A Maui man hospitalized after eating a can of Cattle Drive chili, was released from the hospital Saturday morning, according to KITV Honolulu. According to the story, he is still “feeling some of the symptoms of botulism—including facial paralysis.   Another man in Hawaii, Keith Regan of Wailuku, has also reported symptoms of botulism after eating the product, which was purchased at a Costco store in Kahului.

Cattle Drive chili is one of the products recalled by Castleberry’s Food Co. due to possible contamination with botulism. Two people in Indiana, two people in Texas, and a woman in California have been diagnosed with botulism. Pritzker Law has been contacted by people from several states with symptoms of botulism.

The Hawaii Department of Health (DOH) is investigating Jonathan Stockton’s and Keith Regan's illnesses as possible cases of botulism. The department is still awaiting test results.

“The DOH has consulted with the Centers for Disease Control and Prevention and although the case has not been confirmed as botulism poisoning, we are taking every precaution,” said Health Director Dr. Chiyome Fukino. “The DOH has put out notices statewide about the recalled product and the risk of botulism poisoning. Everyone can help by spreading the word and calling the Department if they see the product for sale.”

Exposure to botulinum toxin (Clostridium botulinum) can be fatal. Symptoms of botulism poisoning in humans can begin from 6 hours to 10 days after eating food that contains the toxin. Symptoms may include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, and muscle weakness that moves progressively down the body, affecting the shoulders first then descending to the upper arms, lower arms, thighs, calves, etc. Botulism poisoning can also cause paralysis of the breathing muscles. Individuals who show these symptoms and who may have recently eaten one of the Castleberry’s products currently under recall should seek immediate medical attention.

San Diego Woman Diagnosed with Botulism

botulism-bacterium2.jpgA woman in San Diego was diagnosed with botulism after eating Kroger Chili with Beans, a recalled product manufactured by Castleberry’s Food Co., according to a story by the Union-Tribune. The story goes on to state that the can of Kroger Chili with Beans “was thrown away before county health officials could perform tests to determine if the product was the definitive cause of the botulism.” 

If you or a family member is diagnosed with botulism, a lawsuit for damages is possible even if the contaminated product has been thrown away. In fact, in many of the food poisoning cases we have handled over the years, the contaminated food was not available as evidence.  In those cases,  our lawyers used other epidemiological and microbiological evidence to prove fault and recover compensation for damages, including medical expenses, pain and suffering, lost wages, and other damages.

For a free consultation about your legal rights, please contact the law firm of Pritzker Law, a nationally-recognized foodborne illness litigation law firm. A lawyer at the firm can be reached toll-free at 1-888-377-8900 or by submitting the firm’s online consultation form.

Questions and Answers Relating to Botulism and Chili Sauce

The CDC has provided the following questions and answers related to the botulism outbreak associated with canned chili sauce:

Did people get botulism from eating chili sauce?

Yes. As of July 20, 2007, four cases of botulism have been reported to the CDC from Indiana (2 cases) and Texas (2 cases). All four persons were reported to have consumed Castleberry’s brand Hot Dog Chili Sauce the day before the illness began. This is the only food identified in common among the four patients, so it is the most likely food vehicle. In addition, botulinum toxin was identified in leftover chili sauce collected from a patient's home.

Which brands of chili sauce have been linked to illness?

  • Castleberry’s Hot Dog Chili Sauce, 10-ounce can (UPC 3030000101)
  • Castleberry’s Austex Hot Dog Chili Sauce, 10-ounce can (UPC 3030099533)
Why have brands other than the ones known to have caused illness been recalled?

All the recalled brands were canned in the same plant. There is concern that other products manufactured at the same time and on the same equipment could be contaminated. None of the recalled products should be consumed.

How did botulinum toxin get into chili sauce?

We do not yet know. OutbreakNet (the network of epidemiologists and other public health officials, facilitated by CDC, who investigate outbreaks of foodborne, waterborne, and other enteric illnesses nationwide) officials at CDC and in state and local health departments, FDA, USDA-FSIS and the marketing and manufacturing companies are working collaboratively to learn more about production of Castleberry’s brands products, as well as products manufactured by Castleberry Food Company and distributed under several other brand names, to determine how these products may have been contaminated.

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Four Cases of Botulism Prompt Recall of Chili Sauce and Other Products

URGENT BOTULISM WARNING: Pritzker Law has been contacted by a possible victim of the botulism outbreak linked to hot dog chili sauce. To date Castleberry’s Food Company (owned by Bumble Bee Foods, LLC) has recalled the following 10 ounce cans of hot dog chili sauce due to possible contamination with Clostridium botulinum, the bacterium that causes botulism:

  • Austex Hot Dog Chili Sauce (UPC 30300-99533)
  • Austex Onion Hot Dog Chili Sauce (30300-97101)
  • Bloom Hot Dog Chili Sauce (25439-92448)
  • Bunker Hill Hot Dog Chili Sauce (75266-04152)
  • Castleberry’s Hot Dog Chili Sauce (UPC 30300-00101)
  • Castleberry’s Onion Hot Dog Chili Sauce (30300-07101)
  • Food Lion Hot Dog Chili Sauce (35826-06911)
  • Kroger Hot Dog Chili Sauce (UPC 11110-83942)
  • Meijer Hot Dog Chili Sauce (41250-85862)
  • Thrifty Maid Hot Dog Chili Sauce (21140-21367)

All of these products are recalled irrespective of “best by” dates. Two children in Texas and an Indiana couple who ate these products became seriously ill and have been hospitalized.

Due to an investigation by the FDA and USDA-FSIS, Castleberry's Food Company has also recalled canned products manufactured due to possible contamination with Clostridium botulinumEach can label or can end bears the establishment number "EST. 195" inside the USDA seal of inspection. The canned meat products were distributed nationwide. The following canned meat products have been recalled:

 

  • 12-pack of 15-ounce cans of "Austex Beef Stew."
  • 15- and 19-ounce cans of "Austex Chili with Beans."
  • 12-pack of 15-ounce cans of "Austex Chili No Beans."
  • 12-pack of 19-ounce cans of "Austex Chili No Beans."
  • 15-ounce cans of "Best Yet Chili with Beans."
  • 15-ounce cans of "Best Yet Corned Beef Hash."
  • 15-ounce cans of "Big Y Chili with Beans."
  • 15-ounce cans of "Big Y Chili no Beans."
  • 15-ounce cans of "Big Y Corned Beef Hash."
  • 15-ounce cans of "Black Rock Chili with Beans."
  • 24-pack of 10-ounce cans of "Bryan Hot Dog Chili Sauce."
  • 24-pack of 15-ounce cans of "Bryan Corned Beef Hash."
  • 24-pack of 10-ounce cans of "Bryan Chili No Beans."
  • 24-pack of 15-ounce cans of "Bryan Chili No Beans."
  • 24-pack of 15-ounce cans of "Bryan Chili with Beans."
  • 10-ounce cans of "Bunker Hill Chili no Beans."
  • 10-ounce cans of "Bunker Hill Chunky Chili no Beans."
  • 10-ounce cans of "Castle Chili No Beans."
  • 15-ounce cans of "Castleberry's Beef Stew."
  • 15-ounce cans of "Castleberry's Brunswick Stew."
  • 10-ounce cans of "Castleberry's BUNKER HILL, ORIGINAL Chili NO BEANS."
  • 15-ounce cans of "Castleberry's CHILI WITH BEANS."
  • 12-pack of 15-ounce cans of "Castleberry's Chili No Beans."
  • 15-ounce cans of "Castleberry's Corned Beef Hash."
  • 10-ounce cans of "Castleberry's HICKORY SMOKED, OVEN ROASTED, WITH SKINS, BARBECUE PORK IN BARBECUE SAUCE."
  • 12-pack of 15-ounce cans of "Castleberry's Hot Chili with Beans."
  • 10- and 14.5-ounce cans of "Castleberry's BBQ Pork."

 

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Pars Cove Salmonella Update

As of noon today, a total of 678 people have reported that they became ill after they ate food purchased from the Pars Cove Persian Cuisine booth at Taste of Chicago—up from the 636 reported Tuesday.

Eighty-five of the 678 are laboratory-confirmed cases of salmonellosis, with more results pending—up from the 66 reported yesterday. Of the 85, 47 have been identified as Salmonella Heidelberg, one of the more common Salmonella serotypes in the United States.

A total of 25 people are known to have been hospitalized—unchanged from what CDPH reported on Tuesday.

Lawsuits have already been filed on behalf of people sickened in this Salmonella outbreak linked to hummus served at the Pars Cove booth. 

Pritzker Law, a leading foodborne illness litigation law firm, can be reached toll-free at 1-888-377-8900 or by submitting the firm's online consultation form.

Three Victims of Alabama E. coli Outbreak Still Hospitalized

About two weeks after being hospitalized, three people are still in critical condition after being sickened in an E. coli outbreak linked to Little Rosie’s Taqueria restaurant in Huntsville, Alabama.

According to a story in today's Huntsville Times:

Five-year-old Samuel Coggin of Meridianville is undergoing dialysis at Vanderbilt Children's Hospital to flush the toxic E. coli O157:H7 bacteria from his kidneys. In a sign that the treatment is working, Samuel was able to urinate Sunday night, said his grandfather James Cole. "Before we left, we gathered around his hospital bed and prayed," Cole said Monday. "Rene (Samuel's mother) said he woke up about 10 minutes later and said, 'I've got to go to the bathroom.' I have no doubt prayer is what's helped the dialysis work better and hopefully faster."

Hampton Cove resident Regina Lassiter, 69, is also slowly improving, although she remains on a ventilator at Memorial Mission Hospital in Asheville, N.C. Lassiter and her husband, Max, were visiting a nephew in Highlands, N.C., when she got sick.

"The doctors are optimistic about her long-term recovery," Max Lassiter said Monday. "But they're saying it'll take a long time - maybe a few weeks or months."

The other hospitalized E. coli victim, a 48-year-old woman whose name has not been released, was in serious condition Monday in Huntsville Hospital's medical intensive care unit. She had been in critical condition.

ecoliclump2.jpg E. coli-related kidney failure is caused by hemolytic uremic syndrome (HUS), a condition that can develop from an E. coli O157:H7 infection. HUS is the leading cause of kidney failure in children in the United States and is responsible for most E. coli-related deaths. HUS can cause permanent injury to the kidneys and other organs and is fatal in about 5% of the cases.

To contact Pritzker Law, a leading foodborne litigation law firm, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.  The firm is currently representing the families of two women who died from E. coli-related HUS.

Lawyers Investigate Pars Cove Salmonella Outbreak

Pritzker Law has been contacted regarding the Salmonella outbreak linked to the Pars Cove Persian Cuisine booth at Taste of Chicago.  The firm is investigating the outbreak and can be contacted toll-free at 1-888-377-8900.  As of noon today, a total of 529 people have reported that they became ill after they ate food purchased from the Pars Cove booth—up from the 491 reported Saturday.

Fifty of the 529 are laboratory-confirmed cases of salmonellosis, with more results pending—up from the 44 reported yesterday. Of the 50, 36 have been identified as Salmonella Heidelberg, one of the more common Salmonella serotypes in the United States. A total of 17 people are known to have been hospitalized—up from the 15 reported yesterday.

Most of the individuals live in the Chicago area; a few are from downstate and a few are from other states.

Nationally, there are about 40,000 cases of salmonellosis reported every year, although federal health officials say that the actual number of cases may be as much as 30 times higher—since most cases are mild and go unreported. In Chicago, there are about 300 reported cases each year.

CDPH sanitarians have visited the Pars Cove restaurant, 435 W. Diversey, to thoroughly inspect the premises. Additionally, CDPH has interviewed Pars Cove food handlers and administered stool tests for presence of the Salmonella bacterium. Epidemiological evidence suggests that the source of the outbreak is hummus served at the Pars Cove booth.

CDPH has submitted food samples to the Illinois Department of Public Health for laboratory analysis. Results are expected this week.

Salmonella Linked to Pars Cove Persian Cuisine at Taste of Chicago

salmonellabacteria.jpg126 people who ate at the Pars Cove Persian Cuisine booth at the Taste of Chicago have become ill.  Salmonella poisoning is the likely cause.  Salmonella outbreaks involving restaurants can be caused by contaminated food or a sick food handler.  In this case, health officials believe hummus served at the Pars Cove booth is the source of the Salmonella outbreak.  Other food served at the Pars Cove Persian Cuisine booth at Taste Chicago included “cucumber salad over hummus, grilled lamb and beef, pomegranate barbecued chicken and baklava,” according to the Associated Press.

Pritzker Law, a nationally-recognized foodborne illness litigation law firm, has recently settled a lawsuit involving a Salmonella outbreak linked to a restaurant. To contact a Salmonella lawyer at Pritzker Law, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Jefferson County Jail E. coli Outbreak

According to an Associated Press report, about 70 inmates at the Jefferson County Jail in Golden, Colorado, have been sickened by E. coli.  As of this morning, one inmate has been hospitalized. 

ecoli.jpgEpidemiologists are interviewing sickened inmates, testing samples of food and water, and reviewing food-handling procedures in an effort to find the source of the outbreak. E. coli can be transmitted by food, water, person-to-person contact, and animal-to-person contact.  Foods often associated with E. coli outbreaks are ground beef, spinach, lettuce, and unpasteurized apple juice. Any food, however, can be contaminated by cross-contamination (contamination of one food item by another food item that is already contaminated) or contamination by a food handler who has not adequately washed his or her hands.

Every case of E. coli, whether it is by water, food, another person or an animal is caused by consuming infected fecal matter, i.e., eating poop.  When a person contracts an E. coli infection, that person has the right to seek compensation for damages from responsible parties.  Compensation can include medical expenses (including future medical expenses), pain and suffering, emotional distress, and other damages.  

Pritzker Law, a leading E. coli litigation law firm, has a national practice. Attorney Fred Pritzker has been interviewed by the New York Times, Wall Street Journal, and other publications.  He has also been selected by other lawyers for inclusion in The Best Lawyers in America and has been named, once again, a “Super Lawyer” by his state’s Law & Politics magazine. To contact an E. coli lawyer at Pritzker Law, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Updated Information on E. coli Outbreak Linked to Little Rosie's Taqueria

Pritzker Law, a leading E. coli litigation law firm, is continuing to monitor the E. coli outbreak linked to shredded lettuce served at Little Rosie's Taqueria restaurant in Huntsville, Alabama. There are now 17 confirmed cases, with more possible confirmations in the next few days. Three of the people who contracted E. coli have developed hemolytic uremic syndrome (HUS), which has caused kidney failure in all three. According to the Huntsville Times:

Five-year-old Samuel Coggin of Meridianville was scheduled to start dialysis Tuesday evening at Vanderbilt University Medical Center. Two female victims also remain hospitalized with kidney problems: a 48-year-old woman in critical condition at Huntsville Hospital; and a 70-year-old woman undergoing dialysis in Asheville, N.C.

According to health officials, epidemiological evidence, including statistical analysis and victim interviews, pointed to shredded lettuce served June 28-29 as the most likely source of the E. coli outbreak, Health officials believe the shredded lettuce was contaminated with E. coli bacteria by a Little Rosie’s Taqueria food handler.

Lettuce Source of E. coli Outbreak

According to the Huntsville-Madison County Health Department, shredded lettuce contaminated with E. coli is the source of the Alabama E. coli outbreak linked to Little Rosie’s Taqueria, a Huntsville restaurant.  There are 15 confirmed cases of E. coli.  14 of the E. coli victims ate at Little Rosie’s Taqueria over the 4th of July.  Health officials expect more cases to be confirmed and are awaiting test results.  

 At least three of the victims of this outbreak have developed into hemolytic uremic syndrome (HUS).  All three HUS patients are undergoing dialysis.  According to a story on WAFF  Channel 48 News:

The youngest victim, a 5-year-old was taken to Vanderbilt Medical Center where he will undergo kidney dialysis. A 48-year-old victim is being treated in Huntsville.

A 70-year old affected by E. Coli is undergoing kidney dialysis at a hospital in North Carolina. 

Read an earlier entry regarding the 5-year-old undergoing dialysis.

Pritzker Law is currently representing victims of E. coli outbreaks linked to lettuce, spinach and ground beef.  The firm is also representing the families of two E. coli victims who developed HUS-related kidney failure and died a few days later. To contact an E. coli lawyer , please call our firm toll-free at 1-88-377-8900 or submit the firm’s online consultation form.  

Five Hospitalized in Huntsville E. coli Outbreak

Five people with confirmed cases of E. coli have been hospitalized. The following quote from the Huntsville Times makes this more than a statistic:   

Five-year-old Samuel Coggin of Meridianville was taken to Vanderbilt by ambulance Sunday and may have to undergo dialysis, said his grandfather, James Cole. Kidney failure is one of the most serious symptoms of E. coli infection.

"He can't eat; he won't eat," Cole said today. "The doctors have told us (E. coli) is much worse on the very young and the very old, since their immune systems aren't as strong."

E. coli seriously sickens and kills people, primarily the very young and the elderly.  Medically, there is little that can be done. Even though E. coli is a bacterial infection, antibiotics are not recommended by the CDC because antibiotics may increase the risk of developing hemolytic uremic syndrome (HUS), the leading cause of kidney failure in children in the United States. 

When an E. coli victim develops hemolytic uremic syndrome, recovery can take months.  About 30% of HUS patients have permanent kidney damage and about 5% die.  Samuel Coggin is fighting for his life. The other 4 people are most likely also severely ill.  

In addition to the 5 hospitalized people , there are at least 9 others with confirmed E. coli. This E. coli outbreak may be linked to a Huntsville restaurant, Little Rosie’s Taqueria.  [Update to the following information: Health officials have announced that the source of this outbreak is lettuce contaminated with E. coli.]  Health officials are still looking for the source of the outbreak, which could be food, water or an infected food handler who did not wash his or her hands adequately.  Even if the source is not found, a restaurant is liable for any illness linked to its food.  Finding the source is important for prevention, but not critical for a lawsuit against Little Rosie’s Taqueria.

Pritzker Law, one of the leading E. coli litigation law firms in the United States, vigorously pursues claims against restaurants and others responsible for E. coli poisoning. We do not rush to file lawsuits during E. coli outbreaks for our own marketing purposes. We take the time to gather evidence and thoughtfully develop a case. We always do what is best for our clients. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form for review by an E. coli lawyer.  

Alabama E. coli Cases

ecoli.jpgThe Madison County health department has confirmed six cases of E. coli, all of which were reported on July 4.  More cases may surface.   The county has not announced the strain of E. coli involved in the outbreak, but the most common strain of E. coli associated with outbreaks is E. coli O157:H7, a enterohemorrhagic E. coli that causes bloody diarrhea and can lead to hemolytic uremic syndrome (HUS), the leading cause of kidney failure in children in the United States and the most frequent cause of E. coli-related deaths. 

Health officials are investigating this outbreak and looking at all possible sources, including food, water, animal-to-person contact, and person-to-person contact.  Food poisoning attorney Fred Pritzker is monitoring the outbreak.  The firm, a leading foodborne illness litigation law firm, is available to represent victims of E. coli poisoning.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form for review by an E. coli lawyer.

Chinese Ingredients in Seasoning Likely Source of Salmonella Outbreak

Seasonings made with imported Chinese ingredients may be the source of the Salmonella Wadsworth outbreak linked to Veggie Booty snack food. According to the maker of Veggie Booty, Robert’s American Gourmet Food, “Our preliminary independent test results have indicated that it is the veggie seasoning that is the likely cause. Sources of origin on all components of the seasoning have been determined to be primarily from China. This seasoning is used on Veggie Booty and Super Veggie Tings ONLY.”

The company recalled Veggie Booty on June 28 and Super Veggie Tings on July 2. 

There have been a number of recalls of products from China in the last few months. Contaminated pet food with ingredients from China allegedly sickened and killed thousands of dogs and cats in the United States. As a result, there were numerous pet food recalls. Toothpaste made in China and sold in the United States (and other countries) was recalled due to a poisonous compound used in anti-freeze. Toys and tires manufactured in China have also been recalled in the last few weeks. 

China is a major producer of many processed items commonly used in food, such as vitamins, seasonings, preservatives and colorings. Many processed foods use these items.

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Minnesota Salmonella Cases Linked to Veggie Booty

The Minnesota Department of Agriculture has isolated the outbreak strain of Salmonella Wandsworth from a sealed bag of Veggie Booty snack food obtained from a store.  Salmonella Wandsworth is a relatively rare strain of Salmonella that most often tends to cause disease in young children. Unlike most Salmonella strains, Salmonella Wandsworth can cause bloody diarrhea.  Two of the CDC-reported cases occurred in Minnesota -- in a six-month-old boy and an 11-month-old girl, both from the Twin Cities metro area. Neither child required hospitalization. According to the Minnesota Department of Health, no cases of Salmonella Wandsworth have ever been reported before in Minnesota.

CDC Update to Salmonella Wandsworth Outbreak Linked to Veggie Booty

veggie-booty.jpgBelow is information on the Salmonella Wandsworth outbreak linked to Veggie Booty snack food. There are now 58 confirmed cases in 18 states.

Public health officials in OutbreakNet (the network of epidemiologists and other public health officials, facilitated by CDC, who investigate outbreaks of foodborne, waterborne, and other enteric illnesses nationwide) are investigating a multi-state outbreak of Salmonella Wandsworth infections. Salmonella Wandsworth is a rare strain of Salmonella.

Interviews comparing foods eaten by ill and well persons show that consumption of Robert’s American Gourmet brand Veggie Booty was statistically associated with illness and therefore the most likely source of the outbreak.

As of July 3 at 11AM ET, 57 persons infected with Salmonella Wandsworth have been reported to CDC from 18 states: California, Colorado, Connecticut, Georgia, Illinois, Indiana, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Washington, Wisconsin. Among the patients for whom clinical information is available, 76% developed bloody diarrhea and 10% were hospitalized. No deaths have been attributed to this infection. Onset dates, which are known for 49 patients, ranged from March 4, 2007 to June 15, 2007. The number of cases has gradually increased, with only 8 cases reported from 6 states before May 1, 2007. Health department and CDC investigators worked for weeks conducting interviews with parents of ill children to develop theories about possible sources of infection.

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Super Veggie Tings Crunchy Corn Sticks Snack Food Recall

salmonella culture.jpg A multi-state outbreak of Salmonella Wandsworth infections linked to Veggie Booty snack foods has prompted the recall of Veggie Booty and Super Veggie Tings Crunchy Corn Sticks snack food, both made by Robert’s American Gourmet Foods. Veggie Booty has been associated or related with approximately 54 cases of Salmonella across 17 states.

Super Veggie Tings Crunchy Corn Sticks were distributed nationwide and Canada, and sold through local distributors, internet sales, phone orders, mail orders and retail outlets.

Super Veggie Tings Crunchy Corn Sticks are packed in a flexible, plastic foil bag in a 6 oz. size, and has UPC 15665-10356. The brand name is Robert’s American Gourmet and all codes and expiration dates of Super Veggie Tings Crunchy Corn Sticks are being recalled.

According to Roberts American Gourmet, the company has decided to add Super Veggie Tings Crunchy Corn Sticks to the recall as a precautionary measure. The company has ceased production and distribution of both products pending results of an investigation by the FDA and the company.

Salmonella Wandsworth causes severe gastrointestinal illness and can cause bloody diarrhea, an unusual symptom for a Salmonella infection (salmonellosis).  If you experience symptoms of salmonellosis, including diarrhea (could be bloody), abdominal pain, fever, and vomiting, seek medical attention immediately and ask the doctor to test for Salmonella Wandsworth.  If you are diagnosed with Salmonella Wandsworth, contact Pritzker Law at 1-888-377-8900 or submit the firm’s online consultation form. If retained, we will take measures to have your case confirmed by the CDC and to recover compensation for your pain and suffering, medical expenses, lost wages, and other damages.

Robert's American Gourmet Recalls Veggie Booty

veggie-booty.jpgThe FDA is warning consumers not to eat Veggie Booty snack food, marketed by Robert's American Gourmet, due to possible contamination with Salmonella Wandsworth, bacteria that causes gastrointestinal illness. This strain of Salmonella (there are hundreds of strains) can cause bloody diarrhea.

The FDA is advising consumers to throw away any Robert's American Gourmet brand Veggie Booty they have in their home. However, if someone in your home ate some of the Veggie Booty, you need to preserve it in the event someone is sickened. 

Robert's American Gourmet and its contract manufacturer, are fully cooperating with FDA's investigation into the cause of the contamination. Manufacturing and distribution of this product has ceased, and Robert's American Gourmet is recalling all potentially contaminated product, including all expiration dates and lot codes (read the FDA announcement of the Veggie Booty recall). The product is sold in all 50 states and Canada at retail locations and over the Internet. Veggie Booty is sold in a flexible plastic foil bag in four ounce, one ounce, and one-half ounce packages.

Veggie Booty is often consumed by children, so parents are encouraged to watch their children, and seek medical care if they observe signs of illness. Of the more than 50 cases of salmonellosis that may be linked to Veggie Booty, most are children under 10 years of age.

States reporting illnesses include: California (seven cases), Colorado (five cases), Connecticut (one case), Georgia (one case), Indiana (one case), Massachusetts (three cases), Minnesota (two cases), New Hampshire (two cases), New Jersey (two cases), New York (13 cases), Oregon (one case), Pennsylvania (three cases), Tennessee (one), Texas (one), Vermont (three cases), Washington (four cases), and Wisconsin (two cases). Four people have been hospitalized.

To contact our firm, please call toll-free at 1-888-377-8900 or submit the firm's online consultaiton form for review by a Salmonella lawyer.

California E. coli Bills Die

The leafy green vegetable industry has won a battle in the California legislature to continue its failed course of “self regulation.” Food safety advocates have been watching two bills make their way through the California legislative process. These bills would have provided needed government oversight of the sanitary processing of leafy green vegetables, including state inspections. The bills, which were sponsored by Sen. Dean Florez in response to the 2006 E. coli outbreak linked to California-grown spinach, had been passed by the state Senate but were killed in an Assembly committee.

In a story in the Central Valley Business Times, Nicole Para, chairwoman of the Assembly Agriculture Committee, was stated as saying that “her members prefer to let the agriculture industry regulate itself with a stricter, but voluntary, inspection program.”

Although state and federal enforcement of safety laws and regulations is dependent on adequate funding and political will, it is still better to have the laws and regulations than to have self-regulation. Spare the rod; spoil the industry; sicken consumers.

Reference: Politicians squabble: E. coli bills die, Central Valley Business Times, June 28, 2007.

 

No Criminal Charges Resulting from Spinach-Linked E. coli Outbreak

spinach-2.jpgThe U.S. Attorney General’s office has determined that criminal charges are not warranted in the 2006 E. coli outbreak linked to fresh, bagged California spinach. The outbreak was responsible for the deaths of at least 3 people, and hundreds of people were sickened, many with hemolytic uremic syndrome (HUS)

The investigation into the outbreak involved two processing plants and several farms. The outbreak was traced to a field where Mission Organics grew spinach for Natural Selection. The theory is that wild pigs brought the feces of nearby cattle into the field, contaminating the spinach.

Although it is rare that criminal charges are filed following a foodborne outbreak in the United States, in 1996, an E. coli outbreak linked to lettuce did lead to criminal charges for violating food-safety laws. In that case an E. coli outbreak in the Eastern United States was traced back to Fancy Cutt Farms in California. According to the criminal complaint, the lettuce was processed in unsanitary conditions that could lead to bacterial contamination. The company was rinsing lettuce in dirty, bacteria-laden water close to cattle. It was believed that dust-borne manure contaminated with E. coli got into the rinsing water.

LiBerti's Restaurant Patrons Sickened by Norovirus

Nearly 130 people who ate at LiBerti’s Restaurant in Wantage, New Jersey, have been sickened by norovirus. Those sickened ate at the restaurant from June 2 to June 6. Health officials are looking for the source of the outbreak at the restaurant. Testing has ruled out the water at the restaurant as the source. 

Because norovirus can be transmitted by food, water, or from person to person, it is difficult to find the source of a norovirus outbreak. However, when a norovirus outbreak is linked to a restaurant the restaurant is liable for damages to those sickened. Damages can include medical expenses, loss of earnings, pain and suffering, and other compensatory losses. 

Attorney Fred Pritzker is a nationally-recognized foodborne illness litigation lawyer. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Goat Slaughtered in Captain's Galley Kitchen May be Source of Outbreak

Health officials closed Captain’s Galley Restaurant in China Grove, North Carolina, after learning a goat had been slaughtered in the kitchen days before several restaurant patrons contracted E. coli infections. One of those sickened, Faye Sides, died on Thursday.

Although E. coli is usually associated with beef cattle, goats can also carry and spread this pathogen. Raw goats milk and goat meat carry the risk of E. coli contamination. Goats at petting zoos and county fairs can also spread the pathogen. In this case, feces from the slaughtered goat could have been contaminated food preparation surfaces, utensils, or food that it came in contact with.

Interviews of Captain’s Galley employees have been conflicting, and investigators are doubtful as to whether any part of the goat carcass will be found. Without the carcass to test for E. coli, health officials may never be able to determine conclusively that the goat was responsible for the E. coli outbreak. 

The owners of Captain’s Galley in China Grove have denied knowledge of the goat killing, but even if they did not know about it, a restaurant is liable for any illness associated with its food. Microbiological evidence linking an outbreak to a specific food is often not necessary for a finding of liability against a restaurant if the other microbiological and epidemiological evidence is strong, for example if outbreak victims sickened by genetically-identical E.coli bacteria ate at a certain restaurant within a certain time frame.

Attorney Fred Pritzker has been contacted by families of victims of this outbreak.  For a free consultation regarding the liability of a restaurant that has been linked to an E. coli outbreak, please call Pritzker law toll-free at 1-888-377-8900 or submit the firm’s online consultation form

Faye Sides Dies after Contracting an E. coli Infection

Faye Sides of Salisbury, North Carolina, died in a Rowan County hospital Thursday of multiple organ failure after contracting an E. coli infection. Our thoughts and prayers are with the family. According to a story at IndependentTribune.com:

Great-niece Susan Ferrare said Sides loved children and she helped raise her nieces and nephews. “I never needed a babysitter,” Ferrare said. . . . Sides had five nieces and nephews, 14 great-nieces and nephews and 13 great-great nieces and nephews.

Sides loved to be outdoors, Ferrare said. “She always had a garden - where she grew corn, potatoes, cucumbers, everything,” Ferrare said.

Sides attended Mount Zion United Church of Christ, where she was a faithful member. . . . Kathy Ayash, another great-niece, said she always had Juicy Fruit chewing gum or candy for the children at church. Whenever there was a death in the church, Sides and a group of women would make meals for the family, Shepherd said. “They were always wonderful suppers,” Barbara Shepherd [a fellow church member] said.

Arizona Hamburger Recall

The Arizona Department of Health Services notified the public today that the expansion of the United Food Group hamburger recall (now 5.7 million pounds) may include hamburger repackaged by grocery stores.  The following Arizona grocery stores received hamburger (ground beef) from United Food Group and may have repackaged it under their store brand name.

Albertson’s
Basha’s
Fry’s
‘R’ Ranch Markets
Safeway
Sam’s Club
Save-a-lot
Smart and Final
Smith’s
Trader Joe’s

To date, there are six reported human cases of E. coli 0157 in Arizona linked to this outbreak; three in Maricopa, two in Yavapai, and one in Navajo Counties. These individuals became ill between May 2 and May 12, 2007. Their ages range from 6 – 63 years of age. Four cases could be contacted by public health, three required hospitalization and have recovered. No deaths have been reported due to this outbreak.

Pritzker law, a leading E. coli litigation law firm, has been contacted by victims of this outbreak. The firm is representing victims of another Arizona food poisoning outbreak. To contact Attorney Fred Pritzker, please call toll-free at 1-888-377-8900 or submit the firm’s online contact form. Read about E. coli and hemolytic uremic syndrome (HUS), one of the leading causes of kidney failure.

Source of Fresno E. coli Outbreak: The Grill at Meat Market

According to the Fresno County Department of Community Health, the source of the E. coli outbreak in the Fresno area was cooked meat from "The Grill" at Meat Market in Northwest Fresno.  Earlier tests had confirmed that the strain of E. coli responsible for the outbreak was E. coli  O157:H7, a dangerous strain that is responsible for most of the E. coli outbreaks in the United States.

Every E. coli O157:H7 outbreak is caused by a genetically-unique E. coli O157:H7 bacterium.  When there is an E. coli outbreak, stool samples of victims are collected and tested to determine what strain of E. coli is involved.  Additional testing is then done to determine the genetic fingerprint of the bacteria.  E. coli cases are considered part of the outbreak if the E. coli that sickened the person has the outbreak's genetic fingerprint.

To determine the source of an outbreak, epidemiologists consider the above evidence, interview witnesses, and review test results done on food samples, etc.  In the Fresno outbreak, interviews with victims made it clear from early on that "The Grill" at Meat Market was most likely connected to the outbreak.   Testing done on victim's stool samples and leftover meat from The Grill at Meat Market has found the same, genetically-unique E. coli in the stool samples and the meat.

Food vendors are responsible for illness associated with their food.  If you were diagnosed with E. coli after eating meat at "The Grill" at Meat Market, contact Pritzker law toll-free at 1-888-377-8900 or submit the firm's online consultation form.  Learn more about E. coli at the firm's website.

Arizona E. coli Outbreak: Lawsuit and Lawyer - Possible Save-A-Lot Lawsuit

ground-beef.jpgAttorney Fred Pritzker is investigating an E. coli outbreak associated with ground beef sold at Arizona grocery stores, including Save-A-Lot. Arizona Health Laboratory tests have identified four E. coli 0157:H7 cases in Arizona that may be linked to recalled ground beef from a California plant.  Health officials said the E. coli O157:H7  DNA fingerprint in the four Arizona cases matches the illnesses and ground beef, but further confirmation is necessary to determine whether the ground beef is responsible.  

Every E. coli O157:H7 outbreak involves a genetically-unique E. coli O157:H7 DNA fingerprint. When a case of E. coli O157:H7 is linked to a food product like has been done with the 4 Arizona cases, those responsible are usually strictly liable for damages suffered by the people sickened. Compensation in an E. coli case can include medical expenses, loss of earnings, pain and suffering and other damages.

Of the four cases of E. coli in Arizona, two are in Maricopa County, and one each in Yavapai and Navajo counties. Two of the cases were hospitalized but recovered. Even if someone sickened in an E. coli outbreak is not hospitalized, that person has suffered injury and has a case against responsible parties. In this E. coli outbreak, responsible parties may include United Food Group LLC, Supervalue or another distributor of the recalled ground beef, Save-A-Lot or another Arizona grocery store, and others.

The Arizona Department of Health Services is urging residents who purchased ground beef to check the product for specific code information and discard it or return it to the place of purchase for a refund.  If someone has eaten any of the ground beef, DO NOT RETURN IT OR DISCARD IT. You should seal it in a plastic bag, label the bag “Do not eat – 1-888-377-8900,” and put it in the refrigerator. You should watch for symptoms of an E. coli infection, which include watery or bloody diarrhea, cramps, and sometimes a low fever.  If someone is sickened, call Pritzker law toll-free at 1-888-377-8900 for a free consultation regarding your legal rights and remedies.

The ground beef products were produced on April 20 and were shipped to retail distribution centers in Arizona, California, Colorado, Oregon and Utah. The labels of the products subject to recall bear the establishment number "EST. 1241" inside the USDA mark of inspection or printed on the package. All of the products bear a sell by date of "May/06/07," a freeze by date of "May/07/07" or a produced on date of "April/20/07." Products subject to recall include:

  • 10-pound casings of "MORAN'S All Natural, 73/27 fine ground beef."
  • 10-pound casings of "MORAN'S All Natural, 90/10 fine ground sirloin."
  • 2-pound chubs of "INTER-AMERICAN PRODUCTS 93/7 ground beef."
  • 1-pound chubs of "INTER-AMERICAN PRODUCTS 80/20 ground beef."
  • 1-pound chubs of "MORAN'S All Natural 73/27 ground beef."
  • 5-pound chubs of "MORAN'S All Natural 73/27 ground beef."
  • 5-pound chubs of "MORAN'S All Natural 73/27 ground beef."
  • 1-pound chubs of "MORAN'S All Natural, 90/10 fine ground sirloin."
  • 2-pound chubs of "MORAN'S All Natural 93/7 ground beef."
  • 2-pound chubs of "MORAN'S All Natural 96/4 ground beef."
  • 3-pound chubs of "STATER BROS. MARKETS 73/27 ground beef."

Albertsons and Save-A-Lot Stores Ground Beef Recall

[Update to the information below:  On June 5, the Arizona Department of Health Services issued a press release announcing that 4 cases of E. coli O157:H7 in Arizona have been linked to the ground beef recalled by Supervalue's supplier, United Food Group LLC.  Supervalue's Save-A-Lot stores in Arizona are involved in this recall.  Attorney Fred Pritzker is currently representing several victims of a foodborne illness outbreak in Arizona and is investigaing this E. coli outbreak.  If you have been sickened after eating ground beef, contact Pritzker law at 1-888-377-8900.]

Supervalue has issued a recall of ground beef that was sold at Albertson's stores in California, Idaho, Montana, Nevada, North Dakota, Oregon, Utah, Washington and Wyoming and at Save-A-Lot stores in Arizona, California and Nevada.  This Save-A-Lot and Albertson's recall was issued after United Food Group LLC, a supplier of ground beef sold at Save-A-Lot and Albertsons, recalled 75,000 pounds of ground beef.  

The ground beef subject to the recall is labeled with a sell-by-date between April 20, 2007 and May 7, 2007.  The following products are recalled:

       Moran's 73/27 1# Chub, UPC:  34779 60501
       Moran's 73/27 5# Chub, UPC:  34779 60000
       Moran's 96/4 2# Chub, UPC:  34779 96000
       Moran's 93/7 2# Chub, UPC:  34779 91000
       Moran's 73/27 3# Chub, UPC:  34779 60010
       Moran's 96/4 1# Chub, UPC:  34779 96194
       Moran's 90/10 Sirloion 1# Chub, UPC:  34779 21117
       Albertsons 90/10 Sirloin fresh hamburger patties.

The legal team at Pritzker law helps E. coli victims get compensation for their injuries.  Because special testing is required to link an E. coli victim to a food product, E. coli victims should contact the firm as soon as possible.  To reach E. coli lawyer 

Fred Pritzker

, please call toll-free at 1-888-377-8900 or submit our free online consultation form

United Food Group California Ground Beef Recall

ground-beef.jpgUpdate to the information below:  On June 5, the Arizona Department of Health Services issued a press release announcing that 4 cases of E. coli O157:H7 in Arizona have been linked to the ground beef recalled by United Food Group LLC.  Supervalue's Save-A-Lot stores in Arizona are involved in this recall.  Fred Pritzker is currently representing several victims of a foodborne illness outbreak in Arizona and is investigaing this E. coli outbreak.  If you have been sickened after eating ground beef, contact food poisoning attorney Fred Pritzker at 1-888-377-8900.]

United Food Group LLC, a California firm, has recalled about 75,000 pounds of ground beef due to possible contamination with E. coli.  This is the second E. coli-related California ground beef recall in just over a month.  The first California ground beef recall occurred on April 20 and involved almost 108,000 pounds of ground beef.

The ground beef involved in this recall was shipped to retail distribution centers in  Arizona, California, Colorado, Oregon and Utah.  The labels of the recalled ground beef bear the establishment number "EST. 1241" inside the USDA mark of inspection or printed on the package. All of the products bear a sell by date of "May/06/07," a freeze by date of "May/07/07" or a produced on date of "April/20/07." Products subject to recall include:

  • 10-pound casings of "MORAN'S All Natural, 73/27 fine ground beef."
  • 10-pound casings of "MORAN'S All Natural, 90/10 fine ground sirloin."
  • 2-pound chubs of "INTER-AMERICAN PRODUCTS 93/7 ground beef."
  • 1-pound chubs of "INTER-AMERICAN PRODUCTS 80/20 ground beef."
  • 1-pound chubs of "MORAN'S All Natural 73/27 ground beef."
  • 5-pound chubs of "MORAN'S All Natural 73/27 ground beef."
  • 3-pound chubs of "MORAN'S All Natural 73/27 ground beef."
  • 1-pound chubs of "MORAN'S All Natural, 90/10 fine ground sirloin."
  • 2-pound chubs of "MORAN'S All Natural 93/7 ground beef."
  • 2-pound chubs of "MORAN'S All Natural 96/4 ground beef."
  • 3-pound chubs of "STATER BROS. MARKETS 73/27 ground beef."

The contaminated meat was sold at the following stores:  Albertson's in California, Idaho, Montana, Nevada, North Dakota, Oregon, Utah, Washington and Wyoming and in Save-A-Lot Stores in Arizona, California and Nevada.  Other stores where the contaminated meat could have been sold at are:  Grocery Outlet, Fry's Save-Mart, Smart and Final, and Smith's and Stater Bros. stores.

Fred Pritzker, a leading E. coli litigation lawyer, is monitoring this recall.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.

15 Confirmed E. coli Cases May Be Linked to Fresno Meat Market

According to a story in the Fresno Bee, 15 cases of E. coli in the Fresno area have been confirmed:

One man has been hospitalized with Hemolytic Uremic Syndrome, a kidney complication from the bacterial infection, said David Luchini, communicable disease division manager for the Fresno County Department of Community Health. . . .

More E. coli cases from the outbreak could emerge next week.

Samples from individuals are still being tested, said Tim Casagrande, director of Fresno County's environmental health services department. . . .

Most of the cases appear to be related to three private gatherings -- two graduation parties and a wedding, Casagrande said.

But health workers are "still investigating illnesses that might be related to other events," he said.

The health department began receiving reports from doctors of E. coli illnesses on May 26.

According to earlier reports, Meat Market, an eatery in the Fresno area, may be associated with this outbreak.

 

Investigating the Salmonella Tennesse Outbreak Linked to Peanut Butter

salmonella-peanut-butter.jpgAn article in today’s issue of the CDC’s Morbidity and Mortality Weekly Report addresses the recent nationwide outbreak of Salmonella Tennessee linked to Peter Pan and Great Value peanut butters. The article explains the detection and investigation of the outbreak, which involved local, state, and federal health officials.

Here is a summary and explanation of the article:

  1. The investigation of the outbreak began in November 2006, when public health officials in PulseNet (the molecular subtyping network for foodborne disease surveillance) noted a substantial increase in the number of Salmonella Tennessee isolates—from 1-5 per month to 30 in October of 2006. When someone is diagnosed with a Salmonella infection (salmonellosis), an isolate of the Salmonella bacteria is tested to determine the serotype of Salmonella involved (approximately 2,500 Salmonella serotypes can cause salmonellosis). In this outbreak the serotype of Salmonella involved was Salmonella Tennessee.
  2. The CDC determined that three (3) closely-related pulsed-field gel electrophoresis (PFGE) patterns of Salmonella Tennessee were associated with this outbreak.  PFGE patterns are “genetic fingerprints” of bacteria.
  3. For the CDC to consider a case of salmonellosis to be part of this outbreak, the Salmonella that sickened the individual had to be Salmonella Tennessee with a PFGE pattern matching one of the three outbreak patterns. Furthermore, the person had to be residing in the United States with symptom onset on or after August 1, 2006 (or, if onset date unknown, Salmonella Tennessee isolated on or after August 1, 2006). From a legal standpoint, the best cases against ConAgra, the maker of Peter Pan and Great Value peanut butters, are those that involve a Salmonella Tennessee case that the CDC recognizes as part of the outbreak. This is called a CDC-confirmed case of Salmonella Tennessee.
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California Retail Food Code

The California Retail Food Code signed into law on May 15, 2006, becomes effective tomorrow. Under this new legislation, inspections of retail food establishments will focus on CDC-identified foodborne illness risk factors, including the following:

  • Food from Unsafe Sources
  • Inadequate Cooking
  • Improper Holding Temperatures
  • Contaminated Equipment
  • Poor Personal Hygiene
  • The public health interventions are:
  • Demonstration of Knowledge
  • Employee Health
  • Time/Temperature Control
  • Hands as a Vehicle of Contamination

Changes and new requirements that address these risk factors include the following:

  • All food employees are required to have adequate knowledge in food safety as it relates to their assigned duties
  • All food employees are required to have knowledge regarding the relationship between personal hygiene and food safety and food employee health.
  •  Reportable Illnesses have been expanded to include the following:
    • Salmonella typhi and Salmonella spp.
    • Hepatitis A virus
    • Shigella spp.
    • E coli (Enterohemorragic or shiga toxin producing Escherichia coli)
    • Norovirus
    • Entamoeba histolytica
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California E. coli Outbreak May Be Linked to Meat Market

Attorney Fred Pritzker is investigating an E. coli outbreak in the Fresno, California area that may be associated with a meat product from Meat Market, according to a story in the Fresno Bee. People who attended three parties in the Fresno area have reported symptoms consistent with E. coli infections. According to the story, all three events were catered by Meat Market.

According to a story last night on ABC30 Action News, there are now at least 8 cases of E. coli involved in this outbreak. Health officials told the news station that investigators may be close to finding the source of the E. coli outbreak.

An investigation into an E. coli outbreak involves both epidemiology and microbiology. Initially, epidemiologists gathered samples from possible locations of the E. coli source, in this case Meat Market. Epidemiologists also interview people who report illness and gather information relating to stool samples of the sickened people. Microbiologists test and analyze stool samples and any samples taken from the restaurant and any other possible sources of the outbreak. If E. coli bacteria are found, microbiologists do genetic testing on E. coli. This is the step that determines the depth and breath of an outbreak because each outbreak has a genetically-unique E. coli bacteria involved.

Our firm is nationally known E. coli litigation law firm..  To contact an E. coli lawyer at the firm, please call toll-free at 1-888-377-8900 or submit the firm's online contact form.  To learn more about the firm, please see the Pritzker law website.

 

House Committee May Subpoena FDA

The U.S. House Energy and Commerce Committee has threatened to subpoena the Food and Drug Administration for documents on U.S. food and drug safety.  Lawmakers accuse the FDA of choosing to ignore requests by the oversight committee.

The FDA has until June 1, when lawmakers said the panel would issue the subpoenas. 

The FDA said it has been cooperating.  According to a Reuters story, an FDA spokeswoman said that, "The FDA has been as reponsive as possible to document requests ...We continue to ofocus our efforst onn producing responsive material to our oversight committee's requests as expeditiously as possible."

The committee has requested information on generic drug approvals, the Peter Pan peanut butter salmonella outbreak, information on the antibiotic Ketek, contaminated Chinese pet food, and antibiotic resistance related to overuse in farm animals. 

Source:  Frustrated US House panel threatens to sbpoena FDA.  Reuters, May 24, 2007

Bakersfield Outbreak Update

No new cases of E. coli O157:H7 infections have been reported for two weeks in the Bakersfield outbreak that left 11 people ill and two children hospitalized.  Authorities are still unsure what led to the two original cases, but other children may have been contaminated during parties involving a water slide.

For information on premises liability, please see the Pritzker law website.  If your child contracted E. coli, contact an E. coli lawyer at Pritzker law regarding the liability of homeowners and homeowner's insurance coverage.  Please call toll-free at 1-888-377-8900 or submit the firm's online consultation form.

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U.S. Pressures China to Increase Food Safety

During talks between U.S. and Chinese officials on Thursday, the U.S. pressed China to increase safety measures for food and other goods it exports after numerous recent outbreaks and recall related to unsafe Chinese food products.  Mike Leavitt, Secretary of Health and Human Services, tried to explain how important creating a safe image is to Chinese producers saying, "Any nation that doesn't create an atmosphere of trust with consumers and customers, they will be disadvantage quickly in the world market."

The U.S. proposed to send its own inspectors to China and urged the Chinese to adopt new policies that would punish Chinese firms that use banned chemicals, such as the recent case of the chemical diethyl glycol being put into toothpaste.

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Barbeque Safety Tips

ecoli-hamburgers.jpgThe FDA has issued some helpful barbecue tips to help prevent food borne illness.  Here is a summary of the report:
  • Wash your hands for at least 20 seconds
  • Keep raw food separate from cooked food
  • Marinate food in the refrigerator, not out on the counter
  • Do not use reuse marinade that contained raw meat
  • Cook food thoroughly (at least 160 degrees for hamburgers and 165 degrees for chicken)
  • Refrigerate and freeze food promptly
  • Keep hot food hot (above 140 degrees)
  • Keep cold food cold (below 40 degrees)
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Tainted Chinese Toothpaste

The toothpaste manufactured in China discussed below was not, to our knowledge, sold in the United States. 

Two companies from Danyang, China are believed to have exported toothpaste containing diethylene glycol, an industrial solvent and coolant used in some antifreeze.   According to the International Herald Tribune, government investigators on Sunday closed the Danyang Success Household Chemical Company factory and questioned the manager of a nearby toothpaste factory, Goldcredit International Trading.

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Consumer Alert: Hand Sanitizers Can Cause Alcohol Poisoning

Everyone has used hand sanitizer.  Whether it is at picnic, in the car, or if you are constantly on the go, hand sanitizer comes in handy.  But recently, there have been reports of children getting alcohol poisoning from hand sanitizer. 

Typical hand sanitizers contain about 60% alcohol, which is 120 proof; a higher alcohol content than vodka.   Apparently, children are consuming hand sanitizers with kid-friendly flavors.  Parents are urged to not give young children access to hand sanitizer and to teach their children to keep their hands out of their mouths after hand sanitizer has been applied. 

Symptoms of alcohol poisoning include vomiting, glassy eyes, slurred speech and sleepiness.  If your child shows these symptoms, you should call 911 immediately. 

Source:  Tak Landrock, Consumer Alert:  Dangers of Hand Sanitizer.  KRDO News, May 23, 2007.

Detecting E. coli O157:H7 With Ropes?

According to a recent article of Ropin the Web (an Ablerta, Canada sponsored agriculture website), food safety scientists from Alberta have developed a method of detecting E. coli O157:H7 using simple rope in feedlot cattle. 

cows.jpgAll that is involved in the process is hanging a rope in feedlot pens the night before the cattle are slaughtered.  Margaret McFall, a food safety division scientist with Alberta Agriculture and Food, was quoted in the article as saying:

 "the ropes were used as sampling devices.  When you put something strange in a pen, the animals are attracted to it and rub and chew on it, and the E. coli O157:H7 in their mouth can be transferred to the rope."
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Unsafe Foods Threaten Chinese Exports

The FDA has come under fire recently for not regulating and inspecting foreign food imports well enough, most notably those from China.  This comes after a recent outbreak where contaminated Chinese pet food ingredients killed or sickened thousands of cats and dogs in the U.S.  There have also been reports that China has been exporting counterfeit drug ingredients. 

These recent scares have led to consumer groups calling for stricter regulation of imports.  One group has called for pet food makers to produce food that does not have any Chinese ingredients. 

U.S. food companies such as Kraft and Kellogg have also been lobbying Washington to pressure China to increase its food safety measures. 

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Fred Pritzker and Family of E. coli Victim Speak out on Food Safety

spinach-2.jpgA recent story on WCCO Channel 4 in Minneapolis featured the family ofone of the victims of the 2006 E. coli outbreak linked to fresh spinach. The victim, a healthy, active woman, died just days after eating fresh spinach. 

Attorney Fred Pritzker, who represents the family, was quoted as saying:
"The pain that is produced by something like this is just off the charts," said Minneapolis attorney Fred Pritzker, who represents the family. Pritzker wants safety improvements in the food industry. "We have the technology, we have the understanding to make this a lot safer but yet no one has the will to do it," he said.
For the full story and a video of the interview, please click here.

E. coli Outbreak in Bakersfield, California

12 people in Bakersfield, California have been sickened by an outbreak of E. coli, 11 of them are children.  Four of the children involved in the outbreak of been diagnosed with hemolytic uremic syndrome (HUS), which is the leading source of kidney failure of children in the United States. 

According to B. A. Jinadu, M.D., M.P.H., Kern County Health Officer and Director of Public Health Services:
After a thorough investigation, the Department of Public Health has identified that an initial exposure occurred on 4/26 during a water slide event, a known source of E. coli exposure in such a situation. This started the chain of an infectious process which stretched from 4/26 - 5/4, where some of the cases became ill following these events. This is consistent with the incubation period for E. coli.

Another significant event occurred on 4/29 during which the same social circle attended that event. This proves to be an event point for secondary infections.  The evidence also supports that the two (2) cases that showed symptoms on 4/27, a day following the water slide event, appeared to have been exposed at an earlier date and were infectious at the time of that event. One of the cases is considered the starting point for the investigation. The Department of Public Health continues to explore the point of exposure of the index case. However, it is not unusual in similar types of outbreaks that the initial point of exposure may never be identified.

Byerly's and Lunds Pulls Ground Beef Products off of Shelves

Byerly's and Lunds have pulled the following products off of their shelves after 7 people contracted E. coli linked to Byerly's and Lunds  beef products.  Byerly's and Lunds have pulled the following products::

  • 80% Lean Ground Beef
  • 85% Lean Ground Beef
  • 90% Lean Ground Beef
  • 95% Lean Ground Beef
  • 85% Lean Ground Beef Patties
  • 90% Lean Ground Beef Patties
  • 95% Lean Ground Beef Patties
  • Fresh 3-Way Meatloaf
  • Fresh Oven-Ready Seasoned Meatloaf
  • Frozen Oven-Ready Seasoned Meatloaf
  • Ground Chili Meat
  • Fresh Wild Rice Beef Patties
  • Fresh Bacon Mushroom Swiss Patties
  • Fresh Sicilian Beef Patties
  • Great Foods Fast Beef Burger Bundles
  • Great Foods Fast Mini Meatloaf
  • Great Foods Fast Taco Meatloaf
  • Great Foods Fast Italian Meatballs
  • Great Foods Fast Mexican Meatballs

Learn about E. coli lawyer Fred Pritzker and Minnesota personal injury lawyers at Pritzker law that have a concentration in the area of foodborne illness.

Minnesota Food Poisoning Lawyer Calls on Lunds and Byerly's to Pay Medical Bills

E. coli information provided on website

FOR IMMEDIATE RELEASE

Contact:          Fred Pritzker
                        612.338.0202
                        fhp@pritzkerlaw.com


ground-beef.jpgFred Pritzker, a Minneapolis foodborne illness lawyer and food safety advocate, called for Lunds and Byerly’s to pay victims’ medical bills.   The Minnesota Department of Health (MDH) has linked at least seven E. coli cases linked to ground beef sold at Lunds and Byerly’s. Two of the victims were children.

“No matter what the source of the E. coli is,” Pritzker said, “it is only fair that the retailer pay for the medical bills of its injured customers. The families deserve that peace of mind.” According to Pritzker, other corporations involved in E. coli outbreaks have advanced medical expenses to those injured by their food products. “Corporate responsibility means taking concrete steps to right a wrong,” Pritzker said. “It is time for Lunds and Byerly’s to step up and guarantee that its customers will not be stuck with hundreds or thousands of dollars in medical bills.”

Pritzker also stated that he believes retailers should do more to ensure that meat processors follow state of the art techniques. “It is really up to retailers to demand that the meat they sell is produced under the safest possible conditions,” Pritzker said. “Retailers have the market power to change dangerous practices.”

Pritzker represents victims from recent E. coli  outbreaks including  the Longville, Minnesota outbreak and the national outbreak of contaminated spinach in which one of his clients, a Wisconsin woman, died. 

Pritzker believes that the health department’s current investigation will find the cause of the contamination because all the ground beef sold at Lunds and Byerly’s comes from a single processing facility.  

“The most challenging part of an E. coli investigation is tracing the bacteria back to its source,” Pritzker said.  “The fact that Lunds and Byerly’s sold ground beef processed in a single facility makes the trace-back process much easier.”

Another important part of such an investigation, according to Pritzker, is testing intact products.  “Genetic testing that matches bacteria in a package to the bacteria making people sick is some of the strongest possible evidence on the source of an outbreak.  The question then is how did the bacteria get in that product.” 

E. coli can be found on most cattle farms, and can live in the intestines of healthy cattle, deer, goats, and sheep. Meat can become contaminated during slaughter, and organisms can be accidentally mixed into meat when it is ground.  Careful production techniques, according to Pritzker, are essential to preventing E. coli contamination.  

Pritzker uses his food poisoning blog, to advocate for labeling rules that identify the source of ground beef.  “Labeling that shows where meat has come from is a common sense way of identifying problems in meat production and encouraging responsible production.”  Pritzker is also calling for better testing of ground beef before it reaches store shelves.    

Pritzker law is one of the few law firms in the United States that practices extensively in the area of foodborne illness litigation.  The firm has collected millions of dollars on behalf of victims of E. coli poisoning and other foodborne illnesses.  For more information, visit http://www.pritzkerlaw.com or contact Fred Pritzker at (612) 338-0202 or fhp@pritzkerlaw.com.  Attorney Fred Pritzker has offices are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402    

Minnesota E. coli Outbreak Linked to Lunds and Byerly's Ground Beef

According to the Minnesota Department of Health, 7 people, 2 children and 5 adults, have contracted E. coli O157:H7 infections after eating ground beef sold at Minnesota Lunds and Byerly's grocery stores.  Lunds and Byerly's have recalled all ground beef sold at the stores after April 7. 

Lawyer Fred Pritzker, a Minnesota lawyer who practices extensively in the area of foodborne illness litigation, is monitoring the situation.  He has gained a national reputation in this area and has been interviewed by the New York Times, the Wall Street Journal, and other publications.  In recognition of his accomplishments, he was selected by other lawyers for inclusion in The Best Lawyers in America and has been named, once again, a "Minnesota Super Lawyer" by Minnesota Law & Politics magazine. 

To contact Fred Pritzker, please call toll-free at 1-888-377-8900, call 612-3388-0202 or e-mail Fred Pritzker.

Below is the Minnesota Department of Health press release regarding the E. coli outbreak linked to ground beef (hamburger) sold at Byerly's and Lunds.  Pritzker law is reprinting it here (with comments) as a public service.
E. coli O157:H7 cases linked to ground beef purchased at Lunds or Byerly’s stores since mid-April:

May 8, 2007 - State health and agriculture officials are investigating seven cases of E. coli O157:H7 infection in Minnesota residents associated with eating ground beef purchased from Lunds or Byerly’s stores since mid-April.

Routine monitoring by the Minnesota Department of Health (MDH) found that the cases of illness were all caused by E. coli O157:H7 with the same DNA fingerprint. All of the cases had purchased the ground beef from one of four Lunds or Byerly’s stores in the west metro area since April 12. The people became ill between April 21 and 28 after consuming the meat.

The cases include two children and five adults. Three of the cases were hospitalized, but all have been discharged.

“The stores currently involved include Byerly’s St. Louis Park, Byerly’s Minnetonka, Byerly’s Chanhassen and Lunds Edina. However, we can’t be certain that meat from other stores is not involved, since all of the beef used for ground beef for Lunds and Byerly’s stores comes from a single processing facility,” said Heidi Kassenborg, Acting Director of the Dairy and Food Inspection Division of the Minnesota Department of Agriculture (MDA).

Ground beef that was purchased after April 7 from a Lunds or Byerly’s store, whether still in the refrigerator or freezer, should not be used, but should be discarded or returned to the store, officials said. [Note from Attorney Fred Pritzker: If someone has eaten any of the ground beef, DO NOT THROW THE GROUND BEEF AWAY.  If someone who has eaten the beef contracts an E. coli O157:H7 infection, the leftover meat could be evidence.  If you or a family member becomes ill, contact lawyer Fred Pritzker at 1-888-37-8900 or 612-338-0202 as soon as possible.]
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Hepatitis A Lawsuit FAQ - Pizza Ranch in Minnesota

Last week, food workers at the Pizza Ranch in Slayton, Minnesota, tested positive for hepatitis A. As a result, over 2,300 people who ate at the restaurant had immune globulin shots in hopes of preventing hepatitis A infections. At least one patron of the restaurant has tested positive for hepatitis A.

Minnesota food poisoning attorney Fred Pritzker is providing an FAQ page on the Pritzker law web site for patrons of the Pizza Ranch in Slayton. The FAQ answers questions about hepatitis A lawsuits, including questions that patrons of the restaurant may have about evidence, liability and damages. 

“Foodborne illness litigation, which includes hepatitis A lawsuits, is a specialty area of the law,” says Pritzker. “By providing this FAQ, I hope to inform patrons of the Pizza Ranch restaurant about their legal options as they consider the injuries they have suffered by being exposed to hepatitis A.”

The following are two questions and answers from Pritzker’s FAQ page on his website (read the entire hepatitis a / Pizza Ranch lawsuit FAQ):

Question: How is hepatitis A spread by a restaurant employee?

If a food handler at a restaurant who has hepatitis A does not wash his or her hands well after going to the bathroom, any feces left on the hands can get into patrons’ food. Because the hepatitis A virus colonizes in human feces, anyone eating the infected food handler’s feces will consume hepatitis A and thereby be infected. 

Question: Do I need to have leftovers from the Pizza Ranch to be compensated for my injuries?

No, you do not need to have leftovers to be compensated for your injuries.  If you have record of eating at the restaurant and you test positive for hepatitis A (or do not test positive but needed an immune globulin shot), you may have a claim against the Pizza Ranch.

Fred Pritzker is one of the few lawyers in the United States that practices extensively in the area of foodborne illness litigation. Fred Pritzker has offices in Minneapolis, Minnesota. Fred Pritzker is currently representing victims of a hepatitis A outbreak linked to an Arizona restaurant. To contact Minnesota personal injury lawyer Fred Pritzker or another food poisoning lawyer at Pritzker law, please call toll-free at 1-888-377-8900 or e-mail Fred Pritzker.  Read more about the Minnesota personal injury lawyers at Pritzker law.

Minnesota Hepatitis A and the Pizza Ranch Restaurant

We have just been in contact with the Minnesota Department of Health.  Some information on the MDH website was incorrect.  The correct information regarding the Pizza Ranch restaurant in Slayton, Minnesota, is that two food workers at the restaurant tested positive for hepatitis A.  One patron of the restaurant has also tested positive.  MDH is expecting more people to test positive.  We are closely monitoring the situation.

Also, to date over 2,300 people who ate at the Pizza Ranch restaurant received immune globulin shots in the last few days.  Public health officials are not administering any more of the shots.  Anyone needing a shot will have to contact their doctor. 

Call 1-888-337-8900 (toll-free) if you want to speak with a Minnesota food poisoning attorney Fred Pritzker about your legal rights after being exposed to hepatitis A.  Learn more about hepatitis A associated with Pizza Ranch and read the Pizza Ranch lawsuit FAQ.

Food Safety Amendment

Senator Edward Kennedy and several other senators introduced a food safety amendment designed to address the concerns surrounding the nation’s food safety system.  The following is a press release issued by Senator Kennedy's office:
 
Senator Kennedy said, “This bipartisan amendment is an important first step in a comprehensive response to the scandalous failures of the nation's food safety system.  Our proposal strengthens surveillance, improves communication with the public about contaminated foods, establishes strong new quality standards for pet food, and enhances oversight of food importers.  American families deserve the assurance that the food they give to their families and feed to their pets is safe and pure.  This legislation helps make that promise a reality.”

This amendment is designed to close some of the gaps in the Food and Drug Administration’s (FDA) food safety system that have been identified following the recent recalls of spinach, peanut butter, and pet food.

Purpose
To ensure the safety of human and pet food

Section 1. Findings
States the importance of the food safety system, the increasing volume of imported food, and the decreasing number of full-time equivalent FDA inspectors.

Section 2. Ensuring the Safety of Pet Food
Requires the FDA to set processing and ingredient standards for pet food and to update the labeling standards for pet food including nutritional and ingredient information. The provision would require FDA to set these standards in consultation with relevant stakeholders including the veterinarian medical associations, animal health organizations, pet food manufactures and the American Association of Feed Control.

The section also directs the Secretary of Health and Human Services to establish an enhanced system capable of detecting pet food contamination and outbreaks of pet illness and death. This provision would to the extent appropriate be modeled on the existing human food contamination and detection infrastructure.
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FDA Announces Assistant Commissioner for Food Protection

The FDA may be seeing the wisdom in getting serious about food safety. The FDA has created the position of Assistant Commissioner for Food Protection to address substantive food safety and food defense matters. This comes after a rash of outbreaks and recalls:

  1. Recent nation-wide E. coli outbreaks (spinach, Taco Bell, and Taco John’s)
  2. A Salmonella outbreak linked to Peter Pan peanut butter and Great Value peanut butter
  3. A massive recall of pet food linked to contaminated wheat gluten from China—now known to have also entered the human food chain because some pigs and chickens were fed a byproduct of the recalled pet food
  4. Two recent E. coli recalls affecting thousands of pounds of beef, primarily ground beef

The Commissioner of Food and Drugs, Dr. Andrew C. von Eschenbach, stated in his announcement of the new position of Assistant Commissioner for Food Protection:

The protection of America's food supply and therefore the safety of Americans eating food of domestic or international origin is of utmost importance to me as a physician, and to the mission of this agency. . . We've seen a rapid transformation of the food safety system due to advances in production technology, rapid methods of distribution, and the globalization of food sources. Dr. Acheson's [Dr Acheson will fill the new position] wealth of experience, and knowledge of the science behind food protection, will help the agency keep pace with this transformation in order to ensure that the safety and nutritional value of our food supply is second to none.

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FDA Concerned about Chinese Food Imports

Consumers should be aware that the FDA is enforcing a new import alert regarding food ingredients from China.  Because food labels do not list the country of origin for every ingredient, consumers may want to contact manufacturers regarding the origin of the ingredients in their processed foods.  The concern about the safety of food imports from China arose after thousands of dogs and cats in the United States became seriously ill after eating pet food made with contaminated wheat gluten and rice protein from China. 

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Chickens Fed Contaminated Pet Food

contaminated-chickens.jpgChicken feed was made from byproducts of the melamine-contaminated pet food that has sickened and killed hundreds of cats and dogs in the United States.  This chicken feed was fed to chickens on 30 poultry farms in Indiana.  Some of the chickens that were fed the contaminated feed ended up in the human food chain.  The FDA/USDA believes other poultry farms also fed the contaminated feed to chickens.  This may turn out to be food poisoning on a massive scale.

Although the FDA and USDA are downplaying this, it is unclear what affect the contaminated chicken would have on the human body.  Logically, if the melamine made cats and dogs fatally ill, even trace amounts of melamine that are consumed by humans may be have adverse health affects.  If you think you may have consumed a contaminated chicken, you should contact your doctor. 


If you are found to have melamine in your system, contact us at 1-888-377-8900 toll-free.

Below is the FDA/USDA press release regarding the contaminated chicken.  We are reprinting it here as a public service.

FDA/USDA Trace Adulterated Animal Feed to Poultry

The U.S. Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) have learned that byproducts from pet food manufactured with contaminated wheat gluten imported from China have been used in chicken feed on some farms in the state of Indiana. This information came to light as part of the continuing investigation into imported rice protein concentrate and wheat gluten that have been found to contain melamine and melamine-related compounds.

At this time, the investigation indicates that approximately 30 broiler poultry farms and eight breeder poultry farms in Indiana received contaminated feed in early February and fed it to poultry within days of receiving it. All of the broilers believed to have been fed contaminated product have since been processed. The breeders that were fed the contaminated product are under voluntary hold by the flock owners.

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Swine Fed Contaminated Feed Will Be Kept out of the Food Supply

swine.jpg A byproduct of the recalled pet food that has killed hundreds of cats and dogs in the United States was used to produce swine feed.  The swine feed tested positive for melamine and other dangerous chemicals also found in the pet food.  Melamine was also found in the urine of swine in California.  The contaminated swine feed was sold to swine producers in at least 8 states, including California, Kansas, North Carolina, New York, Oklahoma, South Carolina and Utah.  The FDA and USDA have announced that the swine fed the feed contaminated with melamine will not be allowed to enter the human food supply.   Below is a joint news release issued by the FDA  and USDA:

Joint News Release: FDA and USDA Determine Swine Fed Adulterated Product
USDA to Compensate for Depopulation

The USDA Food Safety and Inspection Service (FSIS) and the U.S. Food and Drug Administration (FDA) today notified State authorities that swine fed adulterated product will not be approved to enter the food supply. Based on information currently available, FDA and USDA believe the likelihood of illness after eating pork from swine fed the adulterated product would be very low; however, the agencies believe it is prudent to take this measure.

FDA determined that a shipment of rice protein imported from China was contaminated with melamine and melamine-related compounds. The product was imported during the week of April 2, 2007 by Wilbur-Ellis, an importer and distributor of agricultural products. The rice protein was used in the production of pet food and a byproduct was used to produce animal feed.

The contaminants in question include melamine and melamine-related compounds, including cyanuric acid, the combination of which is a potential source of concern in relation to human and animal health. Scientific research indicates that melamine alone, at detected levels, is not a human health concern. However, no scientific data exist to ascertain the effects of combining melamine and melamine-related compounds. Therefore, a determination has not yet been made regarding the safety of the product.

Because the animal feed in question was adulterated, USDA cannot rule out the possibility that food produced from animals fed this product could also be adulterated. Therefore, USDA cannot place the mark of inspection on food produced from these animals.

USDA is offering to compensate producers who euthanize swine that were fed the adulterated product. USDA is authorized to use Section 32 funds to restore farmers’ purchasing power. USDA is also offering the expertise and assistance of Animal and Plant Health Inspection Service (APHIS) personnel in carrying out depopulation activities, to ensure animals are euthanized and disposed of in accordance with Federal and State laws.

FDA and FSIS are coordinating with State authorities in eight states where the adulterated feed is known to have been purchased. Eight pork producers in the states of California, Kansas, North Carolina, New York, Oklahoma, South Carolina and Utah are known to have purchased the feed. These combined operations involve approximately 6,000 hogs. All of the animals are currently being held under state quarantines in CA, NC, NY and SC. In KS, OK and UT producers agreed to hold the animals until further notice. Authorities are also in contact with a feed mill in Missouri that might have received adulterated feed.

Pork and pork products derived from animals that were fed the adulterated product will also be destroyed. In CA and UT, pork from federally inspected plants is being held under FSIS direction. In SC, a state inspected plant is voluntarily holding swine that were fed the adulterated product. FSIS, FDA and state authorities are in the process of determining whether any meat from animals that were fed the adulterated product has entered commerce. If that has occurred, FSIS will work with states and industry to take the appropriate action.

FDA and FSIS are continuing the effort to trace the adulterated feed. If additional producers are identified who fed the adulterated product to animals, they will also be offered compensation by USDA for depopulation and disposal.

Tainted Pet Food May Have Entered Human Food Chain

The recalled pet food that is killing so many dogs and cats in the United States was fed to hogs and poultry.  The chemical melamine found in the recalled pet food was, according to a story from the Boston Globe, found in feed at a California hog farm and in the hog's urine.  According to the story, California health officials are unsure whether any of the affected animals found their way into the human food chain. 

Similar scenarios are playing out all over the country, including New York, North Carolina, South Carolina, Utah, and possibly Ohio and Missouri.  Health officials have been quick to say that the risk for humans is low, but if the pet food is killing small animals, it will most likely make humans sick, perhaps deathly sick. Continue Reading...

Hoss's Steak Restaurant Associated with E. coli Cases

steak-ecoli.jpgAttorney Fred Pritzker is monitoring a possible E. coli outbreak linked to Hoss's Steak and Sea Restaurants. An investigation carried out by FSIS and the Pennsylvania Department of Health has linked several illnesses to steak products produced at the plant for Hoss's Family Steak and Sea Restaurants, a Pennsylvania-based restaurant chain with restaurants in Pennsylvania, Virginia, and West Virginia.  Steaks, ground beef patties, and other cuts of meat used at Hoss's Steak and Sea Restaurants were recalled due to possible contamination with E. coli O157:H7. 

E. coli O157:H7 is a potentially deadly bacteria that can cause bloody diarrhea and dehydration. The very young, seniors and persons with compromised immune systems are the most susceptible to foodborne illness.  Learn about E. coli symptoms and E. coli treatment.

Generally, steaks are not considered a high-risk source of E. coli O157: H7. However, the products subject to recall were injected with tenderizers and flavor-enhancing solutions, and that process may have transferred the bacteria from the surface to the inside of the product.  Read more about the April 20, 2007, beef recall.

Pritzker law is a leading E. coli litigation law firm and has recovered millions of dollars for food poisoning victims, including a recent settlement for $6,425,000E. coli attorney Fred Pritzker has gained a national reputation in this area and has been interviewed by the New York Times, the Wall Street Journal, and other publications.  In recognition of his accomplishments, he was selected by other attorneys for inclusion in The Best Lawyers in America.

CALL TOLL-FREE AT 1-888-377-8900 OR SUBMIT THE ONLINE CONSULTATION FORM FOR REVIEW BY LAWYER FRED PRITZKER

3 Children Contract E. coli after Eating Hamburgers

Attorney Fred Pritzker is monitoring the possible E. coli outbreak linked to hamburgers served at the St. Helena and Calistoga Little League baseball snack shacks. At least 3 children have been sickened by E. coli O157:H7 after eating hamburgers at the little league snack shacks. 2 other cases are being investigated. The ground beef used in the hamburgers was processed by the Richwood Meat Co., which recalled ground beef processed on April 28, 2006, and sent to retail outlets in Arizona, California, Idaho, Oregon and Washington.

If your child has been diagnosed with E. coli after eating a hamburger, contact E. coli lawyer Fred Pritzker, one of the nation’s leading food poisoning litigators.  Fred has gained a national reputation in the area of E. coli litigation and has been interviewed by the New York Times, the Wall Street Journal, and other publications.  Fred and his team at Pritzker law have recovered millions for victims of food poisoning, including a recent settlement for $6,425,000.  To contact attorney Fred Pritzker, please call toll-free at 1-888-377-8900 or e-mail Fred Pritzker.

Minnesota Fish Warnings

The Minnesota Department of Health has issued a warning concerning the consumption of fish caught in the Minneapolis Chain of Lakes.  Officials from the Minnesota Pollution Control Agency found the chemical perfluorooctane sulfonate (PFOS) a component used in 3M's scotch tape in a bluegill sunfish in Lake Calhoun in Minneapolis.

Because Lake Calhoun is connected to several other lakes, and bluegill are able to move between the connected lake, the warning includes Brownie, Cedar, and Harriet lakes, Lake of the Isles and parts of the Missississippi River south of Minneapolis.

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Imported Food Rarely Scanned for Contamination

One would think that food from countries with lax food safety laws and high rates of infection, such as China, would be thoroughly inspected.  However, as little as 1.3 percent of foods imported are inspected by the FDA.  1.3 percent of imported food inspected by the FDA turns out to be unsafe or unfit for human consumption. 

Food safety experts believe not enough is being done to protect the consumers from unsafe imported food.  Mike Doyle, Director of the University of Georgia's Center for Food Safety had this to say:  "The FDA doesn't have enough resources or control over this situation presently." 

In March alone, the FDA detained about 850 shipments of grains, fish, vegetables, nuts, spice, oil, and other imported foods for numerous reasons varying from unsafe food coloring to contamination with pesticides to Salmonella contamination.  One has to wonder about the 98.7% of imported food that isn't inspected.

Source:  Andrew Bridges, "Imported Food Rarely Inspected."  Associated Press, April 16, 2007.
 

15th Case of E. coli Infection Linked to Souplantation Outbreak

** OUTBREAK UPDATE: Attorney Fred Pritzker is investigating a Shigella outbreak associated with the Souplantation restaurant in Pasadena.  Victims of this outbreak ate at the Pasadena Souplantation at 201 Lake Avenue in Pasadena during the dates of Sunday, July 22 through Tuesday, July 24, 2007.  For Souplantation lawsuit information, please contact Fred Pritzker toll-free at 1-999-377-8900 or submit the firm's online consultation form.  **

A 15th person has been reported infected due to the recent E. coli outbreak at the Souplantation restaurant in Orange County, California. 

So far, 10 children and 5 adults have been infected.  But only 2 children have been hospitalized.  All of those who have tested positive for E. coli ate at the restaurant between March 23 and March 25. 

Souplantation remains closed as efforts to determine the source of the outbreak has not been determined. 

If you have been diagnosed with E. coli poisoning and ate at Souplantation, contact E. coli lawyer Fred Pritzker, one of the nation’s leading food poisoning litigators.  To contact Fred Pritzker, please call toll-free at 1-888-377-8900 or e-mail Fred Pritzker.


FDA Urgently Warns Consumers About Contaminated Olives

botulism.jpgThe U.S. Food and Drug Administration (FDA) has issued an alert to consumers over possible severe health risks from eating olives that may be contaminated with Clostridium botulinumC. botulinum can cause botulism, a potentially lethal illness that can respiratory failure and paralysis.   This is because C. botulinum produces one of the most powerful natural nerve toxins known as botulinum toxin.

The contaminated olives are made by Charlie Brown di Rutigliano & Figli S.r.l, of Bari, Italy.  They are sold under the following brands:  Borrelli, Bonta di Puglia, Cento, Corrado's, Dal Raccolto, Flora, Roland and Vantia and have codes that start with the letter "G" and are followed by 3 or 4 digits.  All sizes of cans, glass jars and pouches of Cerignola, Nocerella and Castelvetrano type olives are affected.

If you believe you may have eaten contaminated olives, it is important to watch for the symptoms of botulism such as general weakness, dizziness, double vision, trouble with speaking or swallowing, difficulty in breathing, abdominal distension (stomach bloating) and constipation.  People experiencing these symptoms should seek medical attention immediately.  Also, consumers should report any illness associated with the contaminated olives to the FDA.  You will need representation by an experienced food poisoning lawyer if you become ill.  Doctors will most likely not know the tests that need to be done to link your case of botulism to the recalled olives.  Call us from the doctor's office or hospital if you need to.  The toll-free number is 1-888-377-8900. Alternatively, you can submit the firm's online consultation form and a lawyer will review it.

If you have recalled olives, DO NOT THROW THEM AWAY.  Seal them in a container.  Write "Do not eat" and "Pritzker - 1-888-377-8900" on the bag.  If you get sick, call our number.  We will make sure all of the tests are done that are necessary to protect your legal rights.

New CDC Report Highlights Foodborne Illness Challenges

The CDC released a report Thursday on data collected on foodborne illness levels in the United States collected by the agency's Foodborne Diseases Active Surveillance Network (FoodNet).  Campylobacter, Listeria, Shigella and Yersinia (plague) levels have all declined since baseline data was collected from 1996-1998.

FoodNet data showed there has been little change in the number of Salmonella cases while the progress made in 2003 and 2004 reduction of E. coli O157 has been lost.   Vibrio infections, which are  usually related to the consumption of raw shellfish, have increased to the highest level since FoodNet began surveillance.

Dr. Julie Gerberding, the CDC director, had this to say about the results of the study:

As recent outbreaks have shown, too many people in the United States are getting sick each year from foodborne illnesses.  For instance, the outbreaks involving tomatoes, lettuce and spinach underscore the need to more effectively prevent contamination of produce.  We're also working to strengthen our ability to quickly detect and identify foodborne illnesses.  We know the faster we can detect an outbreak, the faster we can take actions that will help protect people.

Officials are unsure why incidences of E. coli O157 have increased, but believe it may be associated with the rise in number of infections cause by foods such as spinach and peanut butter which previously were not associated to infections. 

Fred Pritzker is a nationally leading food poisoning attorney from Minnesota that has recovered millions of dollars for victims of food poisoning, including a recent settlement for $6,425,000.  To contact attorney Fred Pritzker, please call toll-free at 1-888-377-8900 or submit the firm's

online consultation form

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California Bill To Let Farmers Sue Over Libelous Claims

In response to a false claim by Taco Bell that Boskovich Farms in Oxnard, California was at fault for an E. coli outbreak that left 70 sick, a California Assembly committee has given initial approval to a bill that would allow California farmers to sue anyone who makes false, damaging statements about their products while knowing that the claims are false. 

The bill was drafted by Assembly member Audra Strickland over the Taco Bell incident last year.  The measure was passed by a 5-1 vote of the Agricultural Committee.  If passed, this bill will make California the 13th state to have laws over vegetable farmer libel.  Strickland explained her reasoning: 

No one has the right to make knowingly false statements that cause other people harm.  When false or disparaging statements are made, crops are lost, farmworkers are put out of work and our entire economy is harmed.

Critics claim that the bill is an infringement on free speech and will stifle consumer groups, labor unions or individuals who have valid concerns over food safety. 

Fred Pritzker is a nationally leading food poisoning lawyer.  Fred Pritzker can be reached at the personal injury law firm of Fred Pritzker call toll-free at 1-888-377-8900 or by e-mail at fhp@pritzkerlaw.com.

Source:  Timm Herdt, Bill to let growers sue gets first OK:  E. coli incident led Strickland to propose it.  Ventura County Star,  April 12, 2007.

14 Now Part of Souplantation E. coli Outbreak

orangeecoli.jpg** OUTBREAK UPDATE: Attorney Fred Pritzker is investigating a Shigella outbreak associated with the Souplantation restaurant in Pasadena.  Victims of this outbreak ate at the Pasadena Souplantation at 201 Lake Avenue in Pasadena during the dates of Sunday, July 22 through Tuesday, July 24, 2007.  For Souplantation lawsuit information, please contact Fred Pritzker toll-free at 1-999-377-8900 or submit the firm's online consultation form.  An attorney will review your case. **

A new case of E. coli infection has been reported in the Souplantation outbreak in California, bringing the total to 14 cases of infection; 10 children and 4 adults.  Health officials have closed the restaurant and continue their search for the source of the outbreak.

Health officials have identified E. coli O157:H7 as the strain of E. coli involved in the outbreak.  The O157:H7 strain, known as enterohemorrhagic E. coli (EHEC), is one of the more dangerous strains of E. coli, causing abdominal pain and cramps, followed by severe diarrhea, usually unaccompanied by fever.  In rare cases, especially in children, the elderly, and those with weakened immune systems, E. coli O157:H7 can cause a complication known as hemolytic uremic syndrome (HUS).  HUS occurs in approximately 8% of cases of O157:H7 infections.  In cases of HUS, red blood cells are destroyed and kidney failure can result.  HUS is the primary cause of acute kidney in children.  Of the 110,000 cases of enterohemorrhagic E. coli each year, approximately 61 people die from HUS.

When there is an E. coli outbreak, health officials first determine the strain of  E. coli involved in the outbreak by testing the stools of  outbreak victims.  Further testing is done to determine the unique "genetic fingerprint" of the outbreak E. coli bacteria.  In this case, as stated above, the E. coli strain involved is E. coli O157:H7.  Further testing has provided the genetic fingerprint of the Souplantation outbreak E. coli O157:H7, which is different from E. coli O157:H7 bacteria involved in other outbreaks.  It is this genetically unique E. coli O157:H7 that provides the link between the people who were sickened after eating at Souplantation and the restaurant. 

If you have been diagnosed with E. coli poisoning and ate at Souplantation, contact E. coli lawyer Fred Pritzker, one of the nation’s leading food poisoning litigators.  To contact Pritzker law, please call toll-free at 1-888-377-8900 or e-mail Fred Pritzker.

Foothill Ranch Souplantation E. coli

** OUTBREAK UPDATE: Attorney Fred Pritzker is investigation a Shigella outbreak associated with the Souplantation restaurant in Pasadena.  Victims of this outbreak ate at the Pasadena Souplantation at 201 Lake Avenue in Pasadena during the dates of Sunday, July 22 through Tuesday, July 24, 2007.  For Souplantation lawsuit information, please contact Fred Pritzker toll-free at 1-999-377-8900 or submit the firm's online consultation form.  **


Orange county has closed the Foothill Ranch Souplantation in the wake of an E. coli outbreak that has sickened at least 12 people, 3 of whom were hospitalized. According to a story in the Los Angeles Times:

A Lake Forest restaurant linked to an E. coli outbreak was closed Saturday by Orange County health officials after a 12th customer and an employee tested positive for the bacteria. The customer, a juvenile, ate at the Foothill Ranch Souplantation on March 25, said Orange County Health Care Agency spokesman Howard Sutter. Sutter called the new case "a significant development" because the other cases involved customers who ate at the restaurant on March 23 or 24. . . .

Sutter said health officials have not identified the source of the E. coli outbreak. The strain of the bacteria is rare — but not necessarily deadlier — and has not been reported in California, he said. It is different from the strain linked to the spinach grown near Salinas, Calif., that was identified as the cause of an E. coli outbreak last summer that killed three people, including a toddler. . . .

"We can't draw any conclusions from the latest developments. The only thing this tells us is that we have the first reported case [of a customer] outside of March 23 and March 24," Sutter said.

E. coli lawyer Fred Pritzker is one of the few lawyers in the United States with extensive experience with E. coli lawsuits and multi-million-dollar recoveries in food poisoning cases. To contact Fred Pritzker, please call toll-free at 1-888-377-8900 or submit the Pritzker law online consultation form.  Read more about E. coli on the Pritzker Law website.

Source: H.G. Reza, “O.C. shuts restaurant tied to E. coli outbreak,” Los Angeles, April 8, 2007.

FDA Plans More Inspections of Peanut Butter Plants

The Salmonella outbreak linked to Peter Pan and Great Value peanut butter has sickened thousands, most of them not CDC-confirmed.  Now, after the fact, the FDA is planning on more frequent inspections of peanut butter plants and similar plants.

Dr. David Acheson, chief medical officer of the FDA's Center for Food Safety and Applied Nutrition, states, "Up until this point, peanut butter has not been considered a high-risk food. We now know peanut butter can be a vehicle for salmonella."

Acheson further stated that peanut butter will “almost certainly” go on the FDA’s list of high-risk foods. This makes no sense. The problem is not that peanut butter is inherently high-risk. The problem appears to be ConAgra, the company that manufactured the recalled Peter Pan and Great Value peanut butter. For 2 years, ConAgra most likely allowed conditions at the plant to be so unsanitary that Salmonella cultures grew, prospered, and found their way into thousands of jars of peanut butter.

If you have been sickened by Peter Pan or Great Value peanut butter, the law firm of attorney  Fred Pritzker is representing other victims of this outbreak. If you have been sickened and have a leftover far of peanut butter, contact Fred Pritzker for assistance in getting the peanut butter tested for Salmonella.

Contact Pritzker Law by calling toll-free at 1-888-37-8900 or submitting the
oneline condultation form.

Children are Victims of Souplantation E. Coli Outbreak

** OUTBREAK UPDATE: Attorney Fred Pritzker is investigation a Shigella outbreak associated with the Souplantation restaurant in Pasadena.  Victims of this outbreak ate at the Pasadena Souplantation at 201 Lake Avenue in Pasadena during the dates of Sunday, July 22 through Tuesday, July 24, 2007.  For Souplantation lawsuit information, please contact Pritzker law toll-free at 1-999-377-8900 or submit the firm's online consultation form.  An attorney will review your case. **

Health officials in Orange County, California recently reported that nearly all of the people who became infected by E. coli after eating at the Foothill Ranch Souplantation in Lake Forest, California,  were under the age of 18.  One person who became ill was over 70.  All of those infected dined at the restaurant between March 23-25.  

Officials are still unsure of the cause of the outbreak and found no health code violations after inspecting the restaurant.  Sometimes it is difficult to find the source of outbreaks because contaminated food can be disposed of before it is known that an outbreak has occurred. 

Even if the source of the outbreak is not found, children with E. coli infections linked to Souplantation, have viable cases against the restaurant.  If your child ate at Souplantation and has been diagnosed with E. coli poisoning, contact E. coli lawyer Fred Pritzker, one of the nation’s leading food poisoning litigators.  Fred and his team at Pritzker law have recovered millions for victims of food poisoning, including a recent settlement for $6,425,000.  To contact our firm, please call toll-free at 1-888-377-8900 or e-mail Fred Pritzker.

Souplantation E. coli Outbreak

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** OUTBREAK UPDATE: Attorney Fred Pritzker is investigation a Shigella outbreak associated with the Souplantation restaurant in Pasadena.  Victims of this outbreak ate at the Pasadena Souplantation at 201 Lake Avenue in Pasadena during the dates of Sunday, July 22 through Tuesday, July 24, 2007.  For Souplantation lawsuit information, please contact Pritzker law toll-free at 1-999-377-8900 or submit the firm's online consultation form.  An attorney will review your case. **

California health officials have stated that seven people who ate at  Souplantation in southern Orange County have contracted E. coli infections. Three of them were hospitalized. Six of the E. coli victims dined at Souplantation on March 23 or 24. The seventh is believed to have eaten there March 25.

Health officials have not determined the source of the contamination.

According to a story in the Los Angeles Times, San Diego-based Souplantation specializes in a soups and salads at 100 restaurants nationwide, including 34 in Southern California. Its parent company, Garden Fresh Restaurant Corp., issued a statement Monday saying that only one restaurant was involved.

Ken Keane, president of the company, was quoted as saying, "The health and welfare of our guests and employees is always our top priority, … and [we] remain committed to the highest level of quality, cleanliness and service."

If you ate at Souplantation and have been diagnosed with E. coli poisoning, contact E. coli lawyer Fred Pritzker, one of the nation’s leading food poisoning litigators.  Fred and his team at Pritzker law have recovered millions for victims of food poisoning, including a recent settlement for $6,425,000.  To contact our firm, please call toll-free at 1-888-377-8900 or e-mail Fred Pritzker.

Florida Tomato Growers Support State Inspections

The produce industry is making noise about food safety. From growers to grocers, everyone seems to now be on the safety bandwagon. Unlike California spinach growers, though, Florida tomato growers are asking for more government regulation and inspections.

tomatoplant.jpgTomato growers have weathered 12 outbreaks of Salmonella in the past decade, including a nationwide outbreak in 2006 linked to sliced tomatoes. Because tomatoes often take a long and winding route to customers—packing, repacking, chopping, slicing, and dicing—foodborne pathogens have numerous opportunities to contaminate the tomatoes.  

In an attempt to prevent foodborne pathogen contamination, Florida tomato growers are backing a bill in the Florida legislature that would require food-safety inspections of all tomato fields, greenhouses and packinghouses. These growers want more than self-regulation by the industry because they know self-regulation does not work.

Even after hundreds of people have been sickened and at least 3 killed by spinach in 2006, the spinach industry is still fighting against government regulation and oversight. Continued self-regulation by the spinach industry will lead to more outbreaks.

For information on E. coli, Salmonella, and other foodborne pathogens, please see the Pritzker law website, www.pritzkerlaw.com.  To contact Fred Pritzker, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Debate Over Nonprofit Food Permits

Manitowoc County, Wisconsin has recently approved an ordinance requiring all non-profit food stands that are in operation for only 1 to 3 days per year to obtain a permit to serve food.  Nonprofits now need to send a notice to the county health department giving the dates of operation.  They are then sent a food safety and preparation manual with voluntary guidelines.  Members of the non-profit than can attend an optional food-safety course, and if one trained member is at the booth the whole time of operation, the operation fee is reduced to $10 from the normal $60 price.  

According to a story in the Manitowoc Herald Times, Jim Blaha, the Manitowoc County health department director said that the ordinance was needed because numerous complaints had been made by the public about food stands.  Blaha was quoted in the Herald Times as stating,  "We wanted to get groups registered, but what we really wanted to do was to make the food safe.  It's more than just cooking the food.  It also comes down to handling."
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Bill Aims to Prevent E. coli Outbreaks

The California Senate Agriculture Committee recently approved three bills whose aim is to lower the occurance of E. coli outbreaks associated with produce such as spinach, lettuce, and sprouts.  The senate wants to impose tougher safety standards that would regulate water, fertilizer and toilet use in fields; develop and implement systems to quickly trace, recall and quarantine contaminated produce; and require those who grow leafy greens to be licensed by the state.    

The bill was spurred by an outbreak of E. coli caused by contaminated spinach and lettuce last year that killed at least three people.  Although most people are familiar with E. coli being caused  by contaminated meat products, leafy greens are also a common source of E. coli infections.  Leafy greens can easily be contaminated by fertilizers or contaminated water. If contaminated leafy greens are not adequately cleaned or cooked, they can cause infection.  If the E. coli bacteria is within the leaf itself, no amount of washing will get rid of it.

For obvious reasons, the California Farm Bureau Federation and Western Growers Associations are against the bill, saying they are going to impose their own safety standards. 

But in cases of consumer health, it can be necessary for the government to step in and require that basic safety standards required in other industries are implemented by growers of leafy greens. 

Enforceable National Standards Needed to Prevent Future E. coli Outbreak

Fred even smaller for blog entries.jpgThe report entitled Investigation of an Escherichia coli O157:H7 Outbreak Associated with Dole Pre-Packaged Spinach has been issued by the California Department of Health Services and the U.S. Food and Drug Administration on March 21, 2007.

While the precise cause of the bacterial contamination was not identified, the report highlights a number of health hazards involving the fault of the landowner, grower, packer and distributor of the spinach implicated in the outbreak that sickened over 200 people and killed at least three people.   

The report shows there is plenty of fault to go around,  including the manner in which the spinach was grown, harvested, cooled and processed. For example, with regard to the growth of the spinach, the report raises serious questions about the wisdom of growing ready-to-eat crops in close proximity to livestock and livestock waste, especially in the absence of detailed risk assessments intended to identify health hazards in or adjacent to the particular field in which the spinach was grown. The report also points to the need for water testing to determine fecal contamination, adequate standards for well construction and inspection and appropriate measures to prevent cross contamination by wild animals (in this case, there was strong evidence that feral pigs living in close proximity to the surrounding cattle and cattle waste tramped through the fields and spread the bacteria-laden feces on to the adjoining ready-to-eat spinach crop).

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Salmonella Found at ConAgra Plant

Attorney Fred Pritzker is representing victims of the Salmonella outbreak linked to Peter Pan and Great Value peanut butter.  In a recent development, the FDA found Salmonella on a roaster and some cleaning equipment at the ConAgra plant that manufactured the peanut butter linked to the Salmonella Tennessee outbreak that may have sickened thousands (the CDC report of 425 people is far lower than the actual number of people that were sickened in the last two years).

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According to a story on WALB News, because Salmonella was found twice in the plant environment, FDA investigators assume it is in other places within the plant.  The FDA has, therefore, recommended a complete cleanup.  The story adds that FDA inspectors are gone from the plant now, but will return once the cleanup is complete to make sure there are no future problems. 

Federal health investigators have stated that Peter Pan and Great Value peanut butter manufactured at the ConAgra plant in question may have been contaminated from 2004 through the present, which means that Salmonella Tennessee was in the ConAgra plant for at least 2 years. How could ConAgra have run a food processing plant for two years without finding the Salmonella contamination? Why didn’t past inspections by health officials detect the problem?  This outbreak exemplifies the need for state and federal health officials to thoroughly inspect food processing plants, inspecting them as if they are linked to an outbreak.  It should not take an outbreak for a food processing plant to get a thorough inspection.

During this outbreak, we have been contacted by hundreds of people who believe they were sickened by the peanut butter.  In some cases people fed their children the peanut butter to soothe their stomachs, thereby exacerbating the problem.  It is also likely that some people died as a result of a Salmonella infection (salmonellosis) from the peanut butter. 

We continue to get calls and online consultation forms from possible victims of the outbreak.  If you have been sickened after eating Peter Pan or Great Value peanut butter—or if a family member has been sickened or died—contact our firm for a free consultation.  Please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.  If you have any leftover peanut butter, we can help you get the peanut butter tested.

Shigella Outbreak in Ohio

Local schools and day cares in Hamilton County, Ohio are being warned about a possible Shigella outbreak.  There have been 25 cases of Shigella reported so far this year, with several coming from the same day care.

Health officials are urging doctors, parents and day care workers promote hand washing as the best method of preventing the spread of Shigella.  Since Shigella is spread by person-to-person contact, hand washing is the easiest and most effective way to control outbreaks. 

If a child has symptoms of Shigella such as severe, possibly bloody diarrhea, fever, and stomach cramps, a health care provider should be contacted.

 


Lawyer Fred Pritzker, one of the nation's leading attorneys in the field of foodborne illness, recently obtained the largest recovery for a Shigella case in Minnesota.  For valuable information on Shigella infections, see www.pritzkerlaw.com/shigella.  To contact Fred Pritzker or another lawyer at Pritzker law, call toll-free at 1-888-377-8900 or e-mail Fred Pritzker at fhp@pritzkerlaw.com.

FDA Lacks Resources to Adequately Inspect Food Imports

The FDA is not keeping our food supply safe.  Earlier this week, the FDA reacted to hundreds of illnesses and at least 4 deaths linked to fresh spinach by providing more voluntary guidelines for U.S. producers. Our imported produce is even less regulated, and a tight agency budget (and lack of will?) keeps inspection rates low.  The FDA only inspects about 1% of the imported foods it regulates, which is everything other than meat and poultry.

William Hubbard,a former FDA associate commissioner who retired in 2005, was quoted as saying, "The FDA has so few resources, all it can do is target high-risk things, give a pass to everything else and hope it is OK. The public probably has the perception … that they're more protected than they really are."

Michael Doyle, head of the Center for Food Safety at the University of Georgia, was cited as saying that more food imports come from developing countries, where pesticide use is often higher than in the USA, water quality is often worse and workers may be less likely to be trained in food safety.


Benjamin England, a former FDA lawyer who works with foreign exporters, was quoted as saying, "There hasn't been a major food-borne illness outbreak from imports for several years, so it's off the radar. But everybody is realizing they cannot ignore this elephant forever."

If you are sickened by imported produce or other products please contact our firm, one of the leading food poisoning litigation law firms in the United States.  Please call toll-free at 1-888-377-8900 to learn what to do if you are diagnosed with Salmonella, E. coli, or any other foodborne illness.

Source: Julie Schmidt, “U.S. food imports outrun FDA resources,” USA Today, March 19, 2007.

Salmonella Linked to Palms Restaurant

For months state and federal health officials have been searching for the source of 59 cases of Salmonella in the Sierra Vista, Arizona, area.  Fourteen of these cases have now been linked to The Palms dining and banquet hall facility in Sierra Vista, Arizona.  Health officials thoroughly tested food and surfaces at the restaurant and found Salmonella Oranienburg on the outer surface of the iced tea machine. 

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Legally, restaurants are responsible for injuries suffered by patrons.  Anyone diagnosed with Salmonella poisoning should contact Salmonella lawyer Fred Pritzker, one of the nation’s leading food poisoning litigators.  Fred and his team at Pritzker law have recovered millions for victims of food poisoning, including a recent settlement for $6,425,000.  To contact Fred Pritzker or another lawyer at the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Source:  "14 SV salmonella cases traced to banquet hall; 45 a mystery," The Associated Press, March 15, 2007.

9 Cases of Salmonella Poisoning Linked to Vanzo's

Nine cases of Salmonella poisoning have been linked to Vanzo’s, a bar and restaurant in Edwardsville, Illinois.  Both diners and Vanzo’s employees have been sickened. According to the Madison County Health Department, more cases of Salmonella poisoning may be confirmed.

Health officials continue to investigate the source of the outbreak. Recent Salmonella outbreaks associated with restaurants have been caused by fresh tomatoes, green salad, eggs, pudding, crab cakes, refried beans, and chicken. 

Often, the source of an outbreak is not discovered. If the outbreak has been linked to a restaurant, victims of the outbreak have a case against the restaurant even if the specific food-source of the outbreak is never found. Restaurants are responsible for the safety of their patrons.

If you have been diagnosed with Salmonella poisoning after eating at Vanzo’s restaurant and bar, please contact us, a leading food poisoning litigation law firm.  We have recently settled a Salmonella case involving a restaurant-linked outbreak.  To contact a Salmonella lawyer at our firm, please call toll-free at 1-888-377-8900 or submit our online consultation form.  For more information about Salmonella, please visit our website, www.PritzkerLaw.com.

Fruits and Vegetables

After years of the failed policy of self-regulation in the produce industry, the FDA continues to simply publish voluntary guidelines instead of regulations, even after hundreds were sickened and at least 4 people died as a result of recent E. coli outbreaks linked to spinach and lettuce.  Below is the FDA's announcement of a final draft of "Guide to Minimize Microbial Food Safety Hazards of Fresh-cut Fruits and Vegetables."  With this lack of regulation comes the high likelihood of another major outbreak linked to fresh produce. Attorney Fred Pritzker has recovered millions for foodborne illness victims.  To contact the firm, please call toll-free at 1-888-377-8900 or fill out the firm's online consultation form.

FDA Press Release: Final Guidance For Safe Production
of Fresh-Cut Fruits And Vegetables

The Food and Drug Administration (FDA) today published a draft final guidance advising processors of fresh-cut produce how to minimize microbial food safety hazards common to the processing of most fresh-cut fruits and vegetables, which are often sold to consumers in a ready-to-eat form.

The document -- "Guide to Minimize Microbial Food Safety Hazards of Fresh-cut Fruits and Vegetables" -- suggests that fresh-cut processors consider a state-of-the-art food safety program such as the Hazard Analysis and Critical Control Points (HACCP) system, which is designed to prevent, eliminate, or reduce to acceptable levels the microbial, chemical, and physical hazards associated with food production.


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Marble Slab Creamery Hepatitis A Risk

A food handler at Marble Slab Creamery in Katy, Texas, has tested positive for hepatitis A, a viral foodborne pathogen that can cause serious injury and death in the elderly and people with compromised immune systems.  According to a story on KHOU, Channel 11 news, “People who may have eaten at the Marble Slab between Feb. 1 and Feb. 25 should watch for any symptoms of the disease.”

Symptoms of hepatitis A usually occur abruptly and may include: fever, tiredness, loss of appetite, nausea, abdominal cramps, diarrhea, light-colored stools, and dark urine. Another possible symptom, the yellowing of the skin and eyes, is called jaundice.  

The first hepatitis A symptoms can appear from 15 to 50 days after the initial infection. The average length of time between infection and the first appearance of symptoms (this is called the incubation period) is about a month. Unfortunately, infected individuals are most contagious in the middle of the incubation period, weeks before any sign of symptoms. Hepatitis A sufferers are usually contagious for about a week after they become jaundiced.


Vanzo's linked to Salmonella Outbreak

Five confirmed cases of Salmonella poisoning may be linked to Vanzo’s bar and restaurant in Edwardsville, Illinois.  Of the 5 cases, 4 reported eating at Vanzo's on February 21 or 22.

Vanzo’s has closed, and heath officials are taking samples of food, etc., hoping to find the source of the outbreak.  

According to a story in the Belleville News-Democrat:

The health department is interviewing both ill and well patrons who frequented Vanzo's between Feb. 21 and Monday. Corona [Toni Corona, Madison County Public Health Administrator] asked that people who were at Vanzo's during that period call 692-8954 for an interview, which can be conducted via telephone.

Corona said the four people who ate at the restaurant and suffered salmonella had sought medical attention and underwent testing that confirmed the illness. She said it's possible that other people who ate there have suffered the illness but were not aware that their symptoms were caused by salmonella.

Restaurants are responsible for injuries suffered by patrons.  Even if health officials do not uncover the source of the outbreak, anyone diagnosed with Salmonella poisoning should contact Salmonella lawyer Fred Pritzker, one of the nation’s leading food poisoning litigators.  Fred has recovered millions for victims of food poisoning, including a recent settlement for $6,425,000.  To contact Fred Pritzker or another lawyer at the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Toddler Diagnosed with Salmonella Poisoning

The recent Salmonella outbreak linked to peanut butter has some young victims. A fourteen-month-old boy was seriously sickened after eating Great Value peanut butter, according to his mother, Sara Burrow of Shreveport, Louisiana. After more than a week of a “mystery illness,” doctors diagnosed the toddler with Salmonella poisoning, and the distraught mother sought out legal counsel.

The Salmonella contamination in Peter Pan and Great Value peanut butter has most likely sickened thousands. Most of these victims, however, did not seek medical help and do not have a case against ConAgra, the manufacturer. If you are reading this and have just recovered from symptoms of Salmonella poisoning after eating Peter Pan or Great Value peanut butter, Salmonella may still be in your system and detectable with a stool sample. If you sick months ago and didn’t go to the doctor, you most likely do not have a case.  If you are wondering if you are part of the Salmonella outbreak linked to peanut butter, please see our Salmonella outbreak FAQ on our website, http://www.pritzkerlaw.com.

If you have been diagnosed with Salmonella poisoning after eating Peter Pan or Great Value peanut butter, contact the Salmonella attorneys at Pritzker law, a leading food poisoning litigation law firm. The firm is representing several victims of the Salmonella outbreak. To contact the firm, call toll-free at 1-888-377-8900, e-mail Fred Pritzker, or submit the firm’s online consultation form.

Source: Sara Gouedy, "Fourteen-Month-Old Diagnosed with Salmonella Poisoning," KSLA Channel 12, Shreveport, Louisiana.

Canned Foods Linked to Birth Defects

Although the following news release does not involve foodborne pathogens, it does involve poisoning from food.  According to this press release from the Environmental Working Group, researchers have found a chemical linked to birth defects (Bisphenol A or BPA) in canned food, including fruit, vegetables, soda, and baby formula:

Chemical Linked to Birth Defects Found at Unsafe Levels in Canned Food: Plastics Compound Highest in Soup, Pasta, Baby Formula

WASHINGTON, March 5 — In the most comprehensive U.S. tests for an industrial chemical used to line cans of foods, an independent laboratory found a compound linked to birth defects in more than half of the samples of canned fruit, vegetables, soda, and baby formula from supermarket shelves, according to an Environmental Working Group (EWG) report released today.

The lab tests conducted for EWG found bisphenol A, or BPA, in 55 of 97 cans of food purchased from major supermarket chains in California, Connecticut and Georgia. The lab tested 27 national name brands and three store brands.

The potential for BPA to cause birth defects and reproductive harm is being evaluated today by a federal advisory panel at the Center for Evaluation of Risks to Human Reproduction (CERHR), a division of the National Institutes of Health. Major concerns have been raised regarding the integrity of CERHR science and conflicts of interest on the part of a Center contractor, Sciences International (SI). SI plays a major management role in CERHR operations while at the same time doing business with a client base that includes manufacturers of chemicals under review by the Center, including BPA.

BPA is an ingredient in plastics and the epoxy resins that line food cans. Low doses of BPA lead to a range of health problems, including birth defects of the male and female reproductive systems in laboratory animals. Despite the growing evidence of risk to human health, there are no limits on the amount of BPA allowed in canned food.

The tests found that pregnant women and infants who eat even a single serving of some canned foods are exposed to unsafe doses of BPA. Of the foods tested—which included many of the canned foods eaten most often by women of childbearing age—BPA levels were highest in canned pasta and soup. Canned infant formula also had high levels. Just one to three servings of food with these BPA levels could expose a pregnant woman or infant to harmful doses of the chemical.

"BPA reads like a case study of how badly our chemical safety system is broken," said Jane Houlihan, vice president for research at EWG. "We've known it's toxic for 75 years, it's polluting the bodies of almost all Americans, but we allow it in our food at levels that leave no margin of safety for pregnant women and young children."

Scientists have detected BPA in breast milk, serum, saliva, urine, amniotic fluid, and cord blood from at least 2,200 people in Europe, North America, and Asia. Researchers at the Centers for Disease Control and Prevention recently detected BPA in 95% of nearly 400 U.S. adults and children.

The last comprehensive review of low dose studies found that the overwhelming majority of peer-reviewed studies—94 of 115—of have confirmed BPA's toxicity at low levels of exposure. Few chemicals have been found to consistently display such a diverse range of harm at such low doses.

Soft-Serve Ice Cream Poses E. coli Risk

Soft-Serve Ice Cream Machines May Be Serving up E. coli and Other Dangerous Bacteria

Soft-serve ice cream machines in Racine, Wisconsin, may be serving up more than just ice cream. According to city health officials, soft-serve machines at 15 Racine food establishments had to be shut down in the summer of 2006 because testing found unacceptable levels of coliform bacteria and general bacteria.  Coliform bacteria can include E. coli, a potentially-fatal foodborne pathogen. 

Perhaps soft-serve ice cream should be added to the list of foods to avoid for the very young, elderly, and those with compromised immune systems.

Source: Brent Killackey, “All but one of city's soft-serve ice cream machines that failed inspection passed a retest,” The Racine Report, March 5, 2007.

Salmonella Risk: Stump Acres Dairy Raw Milk

One day after the FDA and CDC issued a joint warning about the dangers of raw milk, the Pennsylvania Department of Health issued a warning regarding raw milk sold at Stump Acres Dairy of New Salem, Pennsylvania. The Stump Acres Dairy raw milk may be contaminated with Salmonella.

If you suspect that you contracted a Salmonella infection (salmonellosis) after drinking Stump Acres Dairy raw milk, please contact our law firm regarding testing that may need to be done on your stools and any leftover milk. You may call toll-free at 1-888-377-8900, e-mail Fred Pritzker at fhp@pritzkerlaw.com or submit the firm’s online consultation form.

Below is the Pennsylvania health warning regarding Stump Acres Dairy raw milk:

PA Department of Health Warns Consumers of Tainted Raw Milk Sold by York County Dairy

Harrisburg, PA -- March 2, 2007 -- State Health Secretary Dr. Calvin B. Johnson today advised consumers who purchased raw milk from Stump Acres Dairy of New Salem, York County, to immediately discard the raw milk due to the risk of contamination with Salmonella.

Raw milk is milk that has not been pasteurized or homogenized.

“We are working very closely with the Pennsylvania Department of Agriculture to conduct local public health investigations,” Dr. Johnson said. “If you have any raw milk from Stump Acres Dairy at home, do not drink the milk and immediately discard it.”

Individuals who drank raw milk purchased from Stump Acres Dairy and became ill are advised to consult with their physician and are also urged to contact their local health department. If no illness occurred, it is not necessary to seek medical attention, but consumers should still discard the raw milk.

This consumer advisory is based on reports to the Department of Health about two confirmed cases and one probable case of Salmonella Typhimurium infection among York County residents who drank raw milk from Stump Acres Dairy in February. Additional cases of illness are suspected.

The Department of Agriculture has suspended sales of raw milk at the dairy and is ensuring that corrective action is taken and that multiple laboratory samples come back negative for Salmonella before raw milk sales can resume.

As part of the investigation, the Department of Agriculture obtained three positive milk cultures from the dairy. A milk sample obtained from consumers also tested positive at the Department of Health’s Bureau of Laboratories.

Stump Acres Dairy has a customer base of about 250 clients. The customers of the dairy are known to be from Pennsylvania, Maryland and Virginia. No cases of salmonella infection have been identified at this time in the other states.

The shelf-life for raw milk is about 14 days but can be longer if the milk is frozen.  Freezing of the milk will not kill the Salmonella bacteria.

Salmonella is a bacterial infection that affects the intestinal tract and can sometimes affect the bloodstream and other organs. It is one of the most common causes of gastroenteritis, which can include diarrhea and vomiting. Approximately 2,000 cases of salmonella are reported each year in Pennsylvania.

Onset of illness usually occurs in 24 to 72 hours and patients typically recover in 5 to 7 days. Patients often do not require treatment unless they become severely dehydrated or the infection spreads from the intestines. People with severe diarrhea may require rehydration, often with intravenous fluids. Antibiotics are not usually necessary unless the infection spreads from the intestines.

For more information on Salmonella, visit the Department of Health at www.health.state.pa.us or call 1-877-PA-HEALTH.

Raw Milk and Foodborne Illness

Since a recent E. coli outbreak linked to raw milk, the raw-milk debate has heated up.  Food safety experts, now solidly backed by the FDA and CDC, argue that raw milk should not be consumed because there is a high risk of contamination with a number of foodborne pathogens.  The FDA and CDC issued the following health alert yesterday outlining their position on raw milk:

FDA and CDC Remind Consumers of the Dangers of Drinking Raw Milk
The U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) are reminding consumers of the dangers of drinking milk that has not been pasteurized, known as raw milk.  Raw milk potentially contains a wide variety of harmful bacteria – including Salmonella, E. coli O157:H7, Listeria, Campylobacter and Brucella – that may cause illness and possibly death.

Consuming raw milk may be harmful to health.  From 1998 to May 2005 CDC identified 45 outbreaks of foodborne illness that implicated unpasteurized milk, or cheese made from unpasteurized milk.  These outbreaks accounted for 1,007 illnesses, 104 hospitalizations, and two deaths. This is based on information in CDC's Morbidity and Mortality Weekly Report for the week of March 2, 2007.  The actual number of illnesses was almost certainly higher because not all cases of illness are recognized and reported.

Consumers who become ill after consuming raw milk, and pregnant women who believe they consumed contaminated raw milk or cheese made from raw milk, should see a doctor or other health care provider immediately.

Symptoms of illness caused by raw milk vary depending on which harmful bacteria are present. Symptoms may include but are not limited to: vomiting, diarrhea, abdominal pain, fever, headache and body ache. 

Most healthy people will recover from illness caused by harmful bacteria in raw milk or in foods made with raw milk within a short period of time.  But some individuals can develop symptoms that are chronic, severe, or even life-threatening.  Illnesses caused by pathogens found in raw milk can be especially severe for pregnant women, the elderly, infants, young children and people with weakened immune systems.

Since 1987, in order to better protect consumers from such risks, FDA has required all milk packaged for human consumption be pasteurized before being delivered for introduction into interstate commerce.  Pasteurization, a process that heats milk to a specific temperature for a set period of time, kills bacteria responsible for diseases such as listeriosis, salmonellosis, campylobacteriosis, typhoid fever, tuberculosis, diphtheria and brucellosis.  FDA's pasteurization requirement also applies to other milk products, with the exception of a few aged cheeses. 

Proponents of drinking raw milk often claim that raw milk is more nutritious than pasteurized milk and that raw milk is inherently antimicrobial, thus making pasteurization unnecessary.  Research has shown that these claims are myths. There is no meaningful nutritional difference between pasteurized and raw milk, and raw milk does not contain compounds that will kill harmful bacteria. 

In fact, raw milk, no matter how carefully produced, may be unsafe. The CDC, the American Medical Association, the American Academy of Pediatrics, the National Conference on Interstate Milk Shipments, the National Association of State Departments of Agriculture, the Association of Food and Drug Officials and other organizations have endorsed the pasteurization of milk and restriction of the sale of products containing raw milk.  Because even pasteurized milk contains low levels of nonpathogenic bacteria that can cause food to spoil, it is important to keep pasteurized milk refrigerated.

Raw Milk Q&A [FDA]
http://www.cfsan.fda.gov/~dms/rawm-toc.html

Food Facts: The Dangers of Raw Milk [FDA]
http://www.cfsan.fda.gov/~dms/rawmilk.html

MMWR: Escherichia coli O157:H7 Infection Associated with Drinking Unpasteurized Milk [CDC]
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5608a3.htm

21 CFR, Sec. 1240.61 Mandatory pasteurization for all milk and milk products in final package form intended for direct human consumption [U.S. Government Printing Office]   http://a257.g.akamaitech.net/7/257/2422/10apr20061500/edocket.access.gpo.gov/cfr_2006/aprqtr/21cfr1240.61.htm

Raw Milk Position Statements

FDA Raw Milk Position Statement [FDA]
http://www.cfsan.fda.gov/~ear/mi-03-4.html
 

AMA Position on Milk and Human Health [American Medical Association]
http://www.ama-assn.org/apps/pf_new/pf_online?f_n=browse&doc=policyfiles/HnE/H-150.980.HTM&&s_t=&st_p=&nth=1&prev_pol=policyfiles/HnE/H-145.999.HTM&nxt_pol=policyfiles/HnE/H-150.946.HTM&

AAP Position on Unpasteurized Milk and Cheese [American Academy of Pediatrics] http://aapredbook.aappublications.org/cgi/content/full/2006/1/A.VII

Additional Raw Milk Information

On the Safety of Raw Milk [FDA]
http://www.cfsan.fda.gov/~ear/milksafe.html 

FDA Testimony on Raw Milk [Ohio Department of Agriculture]
 http://www.ohioagriculture.gov/dairy/documents/FDATestimonyRawMilk.pdf

Peanut Butter Toppings and Ice Cream Products Recalled

According to the FDA, the ConAgra plant in Georgia linked to the current Salmonella outbreak sent bulk Peter Pan peanut butter to the ConAgra plant in Humboldt, Tennessee.  The bulk Peter Pan peanut butter was used to make the following peanut butter toppings:

  • Sonic Brand Ready-To-Use Peanut Butter Topping in 6 lb. 10.5 oz cans. Sonic outlets used the topping until 2/16/07, when the product was recalled.

    The topping was used in the following Sonic ice cream products:
          - Peanut Butter Shake
          - Peanut Butter Fudge Shake
          - Peanut Butter Sundae
          - Peanut Butter Fudge Sundae

  • Carvel Peanut Butter Topping in 6 lb. 10 oz. cans. Carvel used the topping until 2/16/07, when the product was recalled.

    The topping was used in the following Carvel ice cream products:
          - Chocolate Peanut Butter
          - Peanut Butter Treasure
          - Peanut Butter & Jelly
          - Reese's Peanut Butter Cup Sundae Dasher
          - Any other customized products containing the Peanut Butter Topping, including peanut butter flavored ice cream in ice cream cakes

  • J. Hungerford Smith Peanut Butter Dessert Topping in 6 lb. 10 oz. cans: This topping may be used by retail and restaurant outlets throughout the United States but is not available for direct purchase by the public.

The above peanut butter toppings and ice cream products have been recalled and should not be eaten.  If you have leftovers of the above products, DO NOT THROW THEM AWAY UNTIL YOU ARE SURE NO ONE HAS BEEN SICKENED BY THEM.  If you are sick and have eaten any of the above products, Peter Pan peanut butter or Great Value peanut butter, you should go have a stool sample tested for Salmonella.  Be sure your doctor understands that the stool sample has to be preserved for further testing if you test positive.  Please contact our law office if you have any questions.  Call toll-free at 1-888-377-8900 or e-mail Fred Pritzker at fhp@pritzkerlaw.com.

Salmonella Found in ConAgra Plant

As part of the investigation of the recent Salmonella outbreak linked to peanut butter, the U.S. Food and Drug Administration (FDA) has conducting an extensive inspection of ConAgra's Sylvester, Georgia, processing plant. Samples collected by the FDA at the Georgia ConAgra plant revealed the presence of the outbreak-strain of Salmonellaeach Salmonella outbreak has its own genetically-unique strain of Salmonella bacteria.  Prior to this finding, health officials had found the outbreak-strain of Salmonella in several jars of Peter Pan peanut butter and Great Value peanut butter that had been processed at the Georgia plant.

We have had hundreds of people contact us regarding this outbreak. Many of them suspect that they were sickened by Peter Pan or Great Value peanut butter, but most of them did not have stool samples tested for SalmonellaWithout stool sample tests, it is impossible to conclusively prove that someone was sickened by the outbreak-strain of Salmonella that has now been linked to ConAgra.  If you have questions regarding the outbreak-strain of Salmonella or testing of stool samples, read our Salmonella Outbreak FAQ on our website, www.pritzkerlaw.com, call toll-free at 1-888-377-8900 or e-mail Fred Pritzker at fhp@pritzkerlaw.com.

Update on Salmonella Outbreak Linked to Peanut Butter

According to the CDC, 42 states have reported 370 cases of Salmonella linked to recalled Peter Pan and Great Value peanut butter with product codes beginning with 2111.   Every day, we are being contacted by numerous people who suspect that the recalled peanut butter made them sick.  Some people have not yet heard about the recall and are contacting us while they are ill. 

The Investigation: Linking the Recalled Peanut Butter to the Source
The following information on the investigation is from the most recent CDC update on the Salmonella outbreak linked to peanut butter:

An epidemiologic study comparing foods that ill and well persons said they ate showed that consumption of Peter Pan peanut butter and Great Value peanut butter were both statistically associated with illness and therefore the likely source of the outbreak. Product testing on 9 jars of peanut butter has confirmed the presence of the outbreak strain of Salmonella Tennessee in opened jars of peanut butter obtained from ill persons.

PulseNet (the national subtyping network for foodborne disease surveillance coordinated by CDC) detected a slowly rising increase in cases of Salmonella Tennessee this fall. OutbreakNet (the national network of public health officials coordinated by CDC that investigates enteric disease outbreaks) then worked for several weeks to identify this unusual food vehicle.

Public health officials from several states have isolated Salmonella from open jars of peanut butter of both Peter Pan and Great Value brand. For nine jars, the serotype has been confirmed as Tennessee and DNA fingerprinting has shown that the pattern is the outbreak strain.

FDA officials and the peanut butter manufacturer are working collaboratively to learn more about production of peanut butter to determine how it may have become contaminated.

States Involved in the Outbreak
The states that have reported cases to the CDC are Alaska (1 case), Alabama (10), Arkansas (3), Arizona (5), California (4), Colorado (11), Connecticut (2), Florida (4), Georgia (18), Iowa (7), Illinois (9), Indiana (15), Kansas (9), Kentucky (10), Massachusetts (6), Maryland (2), Maine (1), Michigan (9), Minnesota (5), Missouri (17), Mississippi (5), Montana (2), Nebraska (2), Nevada (1), New Jersey (6), New Mexico (1), New York (41), North Carolina (22), North Dakota (1), Ohio (9), Oklahoma (11), Oregon (2), Pennsylvania (27), South Carolina (8), South Dakota (6), Tennessee (18), Texas (16), Virginia (23), Vermont (7), Washington (4), Wisconsin (6), and West Virginia (4).

Ham Recall Due to Listeria

First Quality Sausage has recalled about 930 pounds of semi-boneless ham steaks that may be contaminated with Listeria monocytogenes.  The description of the product is as follows:

  • 20-pound boxes of "FIRST QUALITY SAUSAGE, INC., SEMI BNLS, HAM STEAK, WATER ADDED." Each box bears the establishment number "EST. 18789" inside the USDA mark of inspection.


The ham steaks were produced on Feb. 14, 2007, and were distributed to institutions in Carson City, Las Vegas and Reno, Nevada.  The problem was discovered through routine USDA-FSIS microbiological testing.

Although there are many food recalls due to possible contamination with Listeria monocytogenes, there are few Listeria outbreaks and only about 1000 CDC-confirmed cases of listeriosis (Listeria poisoning) each year in the United States.  However, Listeria kills 25% of its victims, the highest fatality rate of the foodborne pathogens. Unborn babies and newborns are particularly susceptible to the deadly effects of the pathogen.  Learn more about Listeria and pregnancy on the Pritzker law website and then pass the information on to the pregnant women you know.  There is information regarding foods to avoid when pregnant and symptoms of listeriosis.  

Attorney Fred Pritzker has extensive experience with Listeria lawsuits and has recovered millions for victims of Listeria poisoning.  To contact a Listeria lawyer at Prtizker law, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.

Salmonella Lawsuit Information: Peanut Butter Outbreak

Attorney Fred Pritzker is providing a FAQ page on the Pritzker Law website regarding Salmonella lawsuits and the current Salmonella outbreak linked to Great Value and Peter Pan peanut butter.  He answers questions about evidence, liability and damages.   Click here for the Salmonella lawsuit FAQ.

"Foodborne illness is a complicated legal specialty.  There are not many lawyers with significant experience and multimillion-dollar recoveries," says Pritzker.  "From my experience, I know how important it is that injured people get answers to their legal questions.  Our website's frequently asked questions section provides the victims of the current outbreak with a good outline of the legal issues involved."

The following are two questions and answers from the FAQ page located on
Pritzker's website:

Do I need to have the jar of Great Value or Peter Pan peanut butter from which I ate?

No, you do not need to have the jar of Great Value or Peter Pan peanut butter to file a lawsuit against ConAgra (the company that owns the Peter Pan peanut butter and Great Value peanut butter brands), the store from which you bought the peanut butter, or others.  As part of this Salmonella outbreak investigation, health officials have taken stool samples of victims.  Tests on the stool samples provide a genetic fingerprint of the strain of Salmonella that has made the victims of the outbreak sick.  Each Salmonella outbreak has its own unique strain of Salmonella bacteria, in this case a genetically-unique strain of Salmonella Tennessee.  If the Salmonella bacteria that made you sick has the outbreak's genetic fingerprints, the CDC will consider your case a laboratory-confirmed Salmonella case linked to this Great Value and Peter Pan peanut butter outbreak.

Do I need to make sure my stool sample is tested?

Yes, your stool sample should be tested for Salmonella.  The Salmonella found in the stool should also have genetic testing done on it to determine if it is the outbreak-strain of Salmonella Tennessee.  For free assistance in this matter, you can contact our firm by calling toll-free at 1-888-377-8900 or submitting the firm's online consultation form.  Our Salmonella attorneys have experience with genetic testing procedures and will be of help to you.

Attorney Fred Pritzker has collected millions of dollars on behalf of victims of food poisoning victims.  For more information, visit the Pritzker Law website or contact Fred Pritzker toll-free at 1-888-377-8900.

Peanut Butter Recall and Salmonella Outbreak

Pritzker | Olsen is being contacted by hundreds of people who have been sickened after eating Great Value and Peter Pan peanut butter.  The FDA has warned consumers that jars of Great Value and Peter Pan peanut butter whose product code begins with 2111 may be contaminated with Salmonella.  ConAgra has recalled the affected peanut butter, and the CDC and FDA have confirmed a Salmonella outbreak linked to the peanut butter after over 280 people in 39 states became ill.  Pritzker | Ruohonen is preparing to file lawsuits on behalf of victims of this outbreak.  Read information about Great Value and Peter Pan peanut butter lawsuits.  To contact Pritzker | Ruohonen for a free consultation, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form


 

FDA Warns Consumers Not to Eat Certain Jars of Peter Pan Peanut Butter and Great Value Peanut Butter: Product May be Contaminated With Salmonella

The Food and Drug Administration (FDA) is warning consumers not to eat certain jars of Peter Pan peanut butter or Great Value peanut butter due to risk of contamination with Salmonella Tennessee (a bacterium that causes foodborne illness). The affected jars of Peter Pan and Great Value peanut butter have a product code located on the lid of the jar that begins with the number "2111." Both the Peter Pan and Great Value brands are manufactured in a single facility in Georgia by ConAgra. Great Value peanut butter made by other manufacturers is not affected.

If consumers have any of this Peter Pan or Great Value brand peanut butter in their home that has been purchased since May 2006, they should discard it.  [NOTE FROM PRITZKER | RUOHONEN - IF BECAME ILL AFTER EATING THE PEANUT BUTTER, DO NOT THROW AWAY THE JAR OR RETURN IT TO THE STORE WHERE YOU BOUGHT IT.  IT IS EVIDENCE. ]

Symptoms of foodborne illness caused by Salmonella include fever, diarrhea and abdominal cramps. In persons with poor underlying health or weakened immune systems, Salmonella can invade the bloodstream and cause life-threatening infections. Individuals who have recently eaten Peter Pan and Great Value brand peanut butter beginning with product code 2111 and have experienced any of these symptoms should contact their doctor or health care provider immediately. [NOTE FROM PRITZKER | RUOHONEN - IF YOU ARE EXPERIENCING SALMONELLA SYMPTOMS, YOU NEED TO GO TO A DOCTOR AND HAVE YOUR STOOLS TESTED FOR SALMONELLA.]  Any such illnesses should be reported to state or local health authorities.

FDA's warning is based on a just-completed epidemiological study by the Centers for Disease Control and Prevention (CDC), the states and local health agencies, which links 288 cases of foodborne illness in 39 states to consumption of varying types of Peter Pan peanut butter. This report was provided to FDA on February 13.

The outbreak appears to be ongoing and the first consumer may have become ill in August 2006. The cause of foodborne illnesses can be difficult to identify. As a result of extensive epidemiological testing and recent case control studies, CDC was recently able to identify Peter Pan peanut butter as the likely cause of illness. Great Value brand peanut butter beginning with product code 2111 is manufactured in the same plant as Peter Pan peanut butter and, thus, is believed to be at similar risk of contamination.

ConAgra is recalling all Peter Pan and Great Value peanut butter beginning with product code 2111 that already was distributed. The company also is destroying all affected products in their possession. The company will cease production until the exact cause of contamination can be identified and eliminated. To assist in this endeavor, FDA has sent investigators to ConAgra's processing plant in Sylvester, Georgia where the products are made to review records, collect product samples and conduct tests for Salmonella Tennessee.

Kane Coutny, Illinois, Salmonella Outbreak

Health officials in Kane County, Illinois, are investigating a recent Salmonella outbreak involving 15 laboratory-confirmed cases. So far, the county has not been able to pinpoint the source of the outbreak. A recent, nationwide Salmonella outbreak has been linked to tomatoes, but this Kane County Salmonella outbreak is not related to the larger-scale outbreak. There has also been a larger Salmonella outbreak linked to undercooked poultry products that sickened people in Minnesota, Wisconsin and other states.  Again, the Kane County Salmonella outbreak does not appear to be related to this outbreak.

Kane County has seen a general increase in Salmonella cases in the last few months and has urged residents to practice Salmonella infection prevention:

Foods most commonly associated with Salmonella food poisoning include meats, poultry, dairy products, fruits and vegetables. People are far more likely to contract salmonellosis at home than in a restaurant or from the grocery store, so be sure to handle food safely:
  • Hands should be washed thoroughly before and after handling food.
  • All meats and eggs should be thoroughly cooked.
  • All food preparation surfaces should be cleaned. Avoid cross-contamination by using different utensils, plates, cutting boards and counter tops before and after cooking.
  • All fruits and vegetables should be thoroughly washed before preparing and eating.
The health department is asking people displaying the symptoms, which include headaches, muscle aches, diarrhea, vomiting, rumblings in the bowels, chills, fever, nausea and dehydration, to see their doctor.

A person may contract salmonellosis many times in his or her life and not always recognize it. Often it is mistaken for the “stomach flu.” Symptoms, which last from 24 hours to 12 days, usually appear six to 72 hours after ingestion, but people can carry Salmonella and exhibit no symptoms. Children younger than 1 year old, people who have had ulcer surgery or take antacids and those whose immune systems have been weakened by other ailments are most susceptible.

Salmonellosis is seldom fatal (the fatality rate is less than 1 percent). Two or three weeks after being infected with salmonella, one in 10,000 cases develops reactive arthritis or Reiter's syndrome as a complication. These patients also may develop an inflammation of the urethra and eyes.

Chicken Contaminated with Salmonella and Campylobacter

Consumer Reports bought 525 broiler chickens nationwide and tested them for Salmonella and Campylobacter, two foodborne pathogens often associated with raw poultry.  Over 80% of the broiler chickens were contaminated with one or both of the pathogens.  

Given these results, one has to assume that raw broiler chickens are contaminated and take steps to prevent infection.

  1. Wipe off grocery cart handle.  If someone touches a leaky package of raw chicken and then touches the grocery cart handle, that handle could have Campylobacter or Salmonella on it.  Many grocery stores provide wipes to clean off the handle.  Use them.
  2. Pick up your chicken last.  When chicken is not refrigerated, Campylobacter and Salmonella bacteria multiply at a faster rate.  
  3. Keep raw chicken juices away from other food products, particularly fresh produce.  Double bag your chicken and keep it in its own corner of the grocery cart, away from everything else.  If your chicken is contaminated, its juices could contaminate other food items.
  4. Refrigerate your chicken the minute you get home.
  5. Put the chicken on something with a rim and place it on the bottom shelf of the refrigerator.  Foodborne outbreaks have been caused by raw chicken juices dripping on other foods in the refrigerator (Jello in one instance).
  6. Cook chicken thoroughly, to at least 165 degrees.  Use a meat thermometer to be safe.

Illinois Hepatitis A: Houlihan's

People who dined at Houlihan's in Geneva, Illinois, before January 19, 2007, may have been exposed to hepatitis A by an infected food handler at the restaurant.  Health officials are particularly concerned about people who consumed beverages containing ice.  Health officials have set up a free clinic to administer immunoglobulin shots, which can be effective within 14 days of exposure to hepatitis A.   

The incubation period for hepatitis A is between 4 and 20 weeks.  People who ate at Houlihan's, will have to watch for symptoms of hepatitis A for almost 5 months.  Those at highest risk for serious illness resulting from a hepatitis A infection are the elderly and those with compromised immune systems.  Anyone diagnosed with hepatitis A who ate at Houlihan's should immediately consult a lawyer with hepatitis A lawsuit experience.

Pritzker | Ruohonen, a leading food poisoning litigation law firm, has recovered millions for victims of food poisoning.  To contact a lawyer at the firm, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.  Please see the firm's website for more hepatitis A information.

New Salmonella Cases in Arizona

New Salmonella cases have surfaced in Arizona.  Health officials have still not found the source of a Salmonella outbreak that hit Arizona in late September and October of 2006.  At least 30 people were sickened in that outbreak. Now, 16 more people have been infected in a new wave of Salmonella cases. The CDC is assisting Arizona health officials with the investigation:  

"Typically, investigations of outbreaks such as this, happen a littler quicker," said Nicholas Gaffga, with the CDC.  "We're uncertain as to why this particular investigation is taking longer."

Health experts may be stumped, but say they're not giving up.  "There has been testing already, and there will be further testing," said Gaffga.

The testing including extensive questionnaires -- asking patients what they ate, where they ate, what they touched, what animals they've come into contact with, and other questions about potential exposure to contamination.

And county health workers add that their testing has also included "going to daycares, restaurants, testing the water, you name it," said Alexandra Heth, director of the Environmental Health Division, with the Cochise County Health Dept.  "Frustration's only part of it," she said.  "It's mystifying, we just want to find a way to stop it."(KOLD News 13)

Please see the PritzkerLaw website for information on Salmonella symptoms and Salmonella treatment. To contact Pritzker | Ruohonen, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form for review by a food poisoning lawyer.  

Source: Teresa Jun, New Salmonella outbreak in Sierra Vista, January 22, 2007.

Bagged Lettuce and Spinach Outbreaks

After reviewing recent E. coli outbreaks traced to bagged spinach and lettuce, some scientists have come to the conclusion that the way the greens were packaged was the primary reason for the wide-spread nature of the outbreaks. When lettuce or spinach is cut and bagged, one contaminated head of lettuce or bunch of spinach can contaminated numerous bags.  

In particular, the centralized processing of fresh greens can increase the risk of more widespread contamination, just as tainted beef from one steer can find its way into hundreds of packages of ground meat, said Dr. David W.K. Acheson, chief medical officer at the U.S. Food and Drug Administration's Center for Food Safety and Applied Nutrition.

"If you have a single head of [tainted] lettuce that winds up in someone's home, makes the family sick, chances are it'll never get on the radar screen," Acheson said. "If you take the same lettuce, process it … one head may contaminate multiple bags. Then you've got an outbreak." (Los Angeles Times