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

An Ohio E. coli outbreak has prompted a ground beef recall by Tyson Fresh Meats Inc. as state and federal health experts investigate a possible connection. The E. coli O157:H7 illnesses are located in Butler County, an area north of Cincinnati centered in Hamilton, Ohio.

USDA's Food Safety and Inspection Service published the Tyson recall notice (see below) for 131,300 pounds of ground beef after the agency was notified of the Ohio outbreak, which has illness onset dates rangining from September 8 through September 11. The Class I High Health Risk recall did not say how many people have been sickened or whether the outbreak involves cases of HUS, or hemolytic uremic syndrome.

National E. coli lawyers at PritzkerOlsen, P.A., also are investigating this ground beef outbreak, providing free consultation for victims interested in an Ohio E. coli lawsuit at 1-888-377-8900 (Toll Free). Our law firm is one of the very few in the country practicing extensively in the area of foodborne illness litigation and we have collected tens of millions of dollars for E. coli victims around the country.

USDA said the on-going investigation involved collecting leftover ground beef from the "patients’ home" on Sept. 19. The sample tested positive for E. coli O157:H7 by the Ohio Department of Agriculture’s laboratory.

The recall involves certain Kroger-brand ground beef, Butcher's Brand ground beef and generic label ground beef shipped to distribution centers in Ohio, Indiana, Tennessee, North Carolina, South Carolina,  Delaware, Florida, Georgia, Maryland, Illinois, Missouri, New York, Texas and Wisconsin. The potentially contaminated ground beef was produced by Tyson in Emporia, Kansas.

September 2011 Tyson ground beef E. coli O157:H7 recall:

• 5-pound chubs of Kroger-brand "GROUND BEEF 73% LEAN - 27% FAT," packed in 40-pound cases containing eight chubs. Cases bear an identifying product code of "D-0211 QW." These products were produced on Aug. 23, 2011 and were shipped to distribution centers in Ind. and Tenn. for retail sale.
• 3-pound chubs of Butcher’s Brand "GROUND BEEF 73% LEAN - 27% FAT," packed in 36-pound cases each containing 12 chubs. Cases bear an identifying product code of "D-0211 LWIF." These products were produced on Aug. 23, 2011 and were shipped to distribution centers in N.C. and S.C. for retail sale.
• 3-pound chubs of a generic label "GROUND BEEF 73% LEAN - 27% FAT," packed in 36-pound cases each containing 12 chubs. Cases bear an identifying product code of "D-0211 LWI." These products were produced on Aug. 23, 2011 and were shipped to distribution centers in Del., Fla., Ga., Md., Ill., Ind., Mo., N.Y., Ohio, Tenn., Texas and Wis. for retail sale.

The products subject to recall have a "BEST BEFORE OR FREEZE BY" date of "SEP 12 2011" and the establishment number "245D" ink jetted along the package seam.

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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.

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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.

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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.

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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. 

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.

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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.

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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.  

We 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.

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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.”

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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. In 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.

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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.

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.

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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)

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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.

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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."

"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. 

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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

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

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.

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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].

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.

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Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
According 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:

• Call 1-888-377-8900 (toll-free)
• Email our lawyers
• Submit our free case consultation form

Pritzker Law represents foodborne illness survivors in cases throughout the United States.

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Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
According 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).

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Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
According 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. Based 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.

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Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
According 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 Ohio. The 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:

• Call 1-888-377-8900 (toll-free)
• Email our lawyers
• Submit our free case consultation form

Pritzker Law represents foodborne illness survivors in cases throughout the United States.

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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.

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.

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Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
We 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.

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.

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