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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By FRED PRITZKER
As Americans prepare for 4^th of July cookouts, we once again are faced with recalls due to beef contaminated with E. coli O157:H7, a potentially deadly pathogen.

Late last week, the U.S.Department of Agriculture Food Safety and Inspection Service (FSIS), the agency in charge of the safety of our meat supply, announced a  JBS Swift beef recall of 41,000 pounds. The meat cuts -- commonly used for making store-packaged hamburger at the retail level -- was produced at the JBS Swift Beef Co. plant in Greeley, Colorado.

On Sunday, the recall was expanded to include 380,000 more pounds of beef.  Yet five days after the original recall we still do not know the location of all this beef, or where it was sold.

That's because JBS Swift will not release the names of where the product was shipped, and the FSIS either cannot track, will not track, or will not tell the public where this tainted meat was sold.  In a day and age when you can track a personal package from your computer, minute-by-minute, you would think five days after a serious recall the public could know where potentially deadly meat ended up.

Thankfully, one-by-one, many stores are recalling meat that was reprocessed and repackaged by various distributors and stores. Yet none of this information is available from JBS Swift or from the FSIS website in readily accessible fashion.  Rather, it is being gathered by individual citizens concerned for the public’s safety. For the benefit of all potential victims of this E. coli outbreak, national food safety law firm Pritzker Olsen Attorneys has assembled a list below of stores known to have recalled beef due to this outbreak.

The list likely will be expanding by the day, if not the hour.  You may obtain more information on the specific recalls by clicking on the links below. If you shop at one of these stores, and you think you may have E. coli O157:H7, go to a doctor immediately.  At the doctor, make sure you ask for a stool sample.  That is the best way to determine if you have E. coli O157:H7.  Then contact an experienced E. coli attorney at Pritzker Olsen by calling 1-888-377-8900 (Toll Free). For a free case consultation online, please complete one of our electronic forms. Here's the partial list of stores compiled so far by Pritzker Olsen:

• Bloom and Food Lion Stores in Georgia, South Carolina and Virginia – Beef cuts and ground beef.
• CostCo- Steaks, ribs, ground beef.
• Food 4 Less in Illinois and Indiana  - Ground beef.
• Fry's Food and Drug Stores - Ground beef.
• Hannaford Bros. Co. - Beef cuts and ground beef.
• Kroger - Ground beef.
• Price Chopper - Ground  beef and beef loin bottom sirloin steaks.
• Roundy's Supermarkets Inc., Pick 'n Save, Copps and Rainbow stores – Beef cuts and ground beef.
• Smith's Food and Drug Stores in Utah, Arizona, Idaho, Montana, Nevada, New Mexico and Wyoming  - Ground beef.
• Stop & Shop Supermarket Co. - Ground beef
• WinCo Foods LLC stores in Idaho and Oregon - Boneless bottom round roast, steak, carne asada, ground beef.
  
  The writer, Mr. Pritzker, is founder and president of Pritzker Olsen Attorneys, a national food safety law firm with offices in downtown Minneapolis. To contact Fred, call 1-888-377-8900 (Toll Free).

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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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