Food Poisoning Law Blog

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.

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.

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.

“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.