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

A Michigan Listeria outbreak that has sickened two people may be associated with one of two current cheese recalls. Both Green Cedar Dairy of Dearborn, Mich. and Fromagerie Marie Kade of Quebec have issued cheese recalls because of possible Listeria contamination.

Green Cedar Dairy is recalling its “All Natural Ackawi Cheese” and “All Natural Chives Cheese” with sell by dates up to July 1, 2012 The products were produced at Green Cedar Dairy (Plant # 26941) and distributed in Macomb, Oakland and Wayne counties. They are sold in vacuum-packed, clear plastic, square packages of 12 -14 oz and distributed in Michigan’s Macomb, Oakland and Wayne counties.Two people who were exposed to the recalled products from Green Cedar have contracted listeriosis.

Fromagerie Marie Kade is recalling cheeses that were distributed to markets in California and in Massachusetts to Cedar Market in Norwood and Bahnan’s in Worcester, according to the Massachusetts Department of Health. One confirmed case of listeriosis has been linked to the cheese according to Canadian and U.S. health officials.

The recalled products from Fromagerie Marie Kade, which bear the establishment number 1874 are as follows:

Akawi Cheese Best Before 08 MAR 2012
Baladi Cheese Best Before 08 FEB 2012.
Shinglish Cheese Best Before 07 NOV 2012
Tresse Cheese Best Before 10 NOV 2012
Vachekaval Cheese Best Before 10 MAR 2012
Halloom Best Before 01 MAY 2012
Moujadale Best Before 04 MAY 2012

Listeria monocytogenes is a bacteria found almost everywhere in the environment, but listeriosis, a Listeria infection, is most often caused by eating food that’s been tainted by the bacteria. Listeriosis usually causes flu-like symptoms including: fever, chills, muscle aches, diarrhea and upset stomach. In severe cases, it can also cause headaches, stiff neck, convulsions or death, according to the according to the Centers for Disease Control and Prevention (CDC).

If you have symptoms, see a health care provider. If you have legal questions about an illness or hospitalization associated with this outbreak, contact the Listeria attorneys at PritzkerOlsen P.A., a national leader in foodborne illness law for a free consultation.

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A Michigan listeriosis outbreak that may be linked to cheeses produced by a Dearborn dairy has prompted health officials to warn consumers about he dangers of Listeria and to remind pregnant women that they are at particular risk.

Listeria monocytogenes is a bacteria that is found almost everywhere in the environment, but listeriosis, a Listeria infection, is most often caused by eating food that’s been tainted by the bacteria, according to the Centers for Disease Control and Prevention (CDC). Pregnant women are about 20 times more likely than other healthy adults to get listeriosis. About one in six (17%) cases of listeriosis occurs during pregnancy, according to the CDC.

Listeriosis usually causes flu-like symptoms including: fever, chills, muscle aches, diarrhea and upset stomach. In severe cases, it can also cause headaches, stiff neck, convulsions or death. Among pregnant women, listeriosis can cause miscarriage, stillbirth, premature birth, birth defects or other serious health problems for newborns, even if the expectant mother shows no signs of illness, according to the CDC.

The U.S.Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) have compiled the following advice to limit risk of foodborne illness during pregnancy:

• Do not eat hot dogs, luncheon meats, or deli meats unless they are reheated until steaming hot.

• 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 pasteurized milk.
  
• Do not eat refrigerated pâté or meat spreads.
  
• Do not eat refrigerated smoked seafood unless it is an ingredient in a cooked dish such as a casserole. Examples of refrigerated smoked seafood include salmon, trout, whitefish, cod, tuna, and mackerel which are most often labeled as "nova-style," "lox," "kippered," "smoked," or "jerky." This fish is found in the refrigerated section or sold at deli counters of grocery stores and delicatessens.
  
• Do not drink raw (unpasteurized) milk or eat foods that contain unpasteurized milk.
  
• 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.

  
• Use all refrigerated perishable items that are precooked or ready-to-eat as soon as possible. 

  
• Clean your refrigerator regularly. 

  
• -Use a refrigerator thermometer to make sure that the refrigerator always stays at 40 °F or below.
    

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In the wake of one of the deadliest foodborne illness outbreaks in U.S. history, the Food and Drug Administration (FDA) has issued a letter of guidance to the cantaloupe industry.

The cantaloupe Listeria outbreak, which sickened 139 people, killed 29 and caused one miscarriage, began in Colorado and spread through 28 states in less than two months. The source of the outbreak was Jensen Farms, Holly, Colo., where the FDA found a number of unsanitary conditions.

Listeria is a bacterium that can contaminate foods and, if ingested, cause severe, sometimes life-threatening illness. Fatality rates for listeriosis are between 20 percent and 30 percent. Those most at risk are the elderly, the immuno-compromised, fetuses and neonates.

Although tainted cantaloupe has been a source of other foodborne illness outbreaks, this is the first time the melon has ever been contaminated with Listeria. The sweeping and tragic scope of that new combination, prompted the FDA’s letter which acknowledges that many in the cantaloupe industry have taken actions to address food safety but encourages all to review their practices and to read the following agency publications:

• “Guide to Minimize Microbial Food Safety Hazards of Melons”
• “Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables”
• “Guide to Minimize Microbial Food Safety Hazards for Fresh-cut Fruits and Vegetables.”
• “Control of Listeria monocytogenes in Refrigerated or Frozen Ready-To-Eat Foods.”

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Researchers at Sentinel Bioactive Paper in Ontario have developed a bacteria-killing food packaging material that may prevent future foodborne illness outbreaks.

Hany Anany and Mansel Griffiths, from the University of Guelph, applied phages, which are harmless viruses that can kill bacteria, to cellulose packaging material. Both the U.S. FDA and Health Canada have approved phages as safe food additives in certain foods.

The researchers wrapped ready-to-eat meats tainted with E. coli and Listeria monocytogenes in the packaging and found that it killed the bacteria. The method works at refrigerated temperatures, where Listeria thrives, and in vacuum packaging. The process is described in a paper published in the journal Applied and Environmental Microbiology.

The researchers are hopeful that the technology will prevent future foodborne illness outbreaks such as the cantaloupe Listeria outbreak, which has sickened more than 123 people and killed 25 since the end of July.

Foodborne illness is a serious public health threat that affetcts millions of Americans every year. In the last month alone, three companies have recalled a total of almost 600,000 pounds of ground beef possibly tainted with E. coli O157:H7. Commercial Meat Company of Los Angeles recalled 400,000 pounds, Tyson Fresh Meats Inc. of Emporia Kansas recalled 131,000 pounds and Palo Duro Meat of Amarillo, Texas recalled 40,000 pounds.

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Alberstons grocery company was one of the retailers that stocked Rocky Ford cantaloupes from Jensen Farms which have been associated with the multi-state Listeria outbreak that has stricken more than 120 people in 26 states.

Albertsons, which operates 450 stores in nine states throughout the Northwest and West Coast, is a division of Minneapolis-based SUPERVALU. In response to the Jensen Farms recall on September 14, Albertsons pulled all cantaloupe grown in Colorado from its store shelves. Since that time, the cantaloupe at its stores is from other growing regions that are not subject to this recall. However, the incubation period for listeriosis can take up to 70 days, so it’s possible that customers may have purchased and eaten tainted melons before the recall was announced but will not show signs of illness until mid-November.

State and federal health officials urge anyone who believes they have become ill from eating a contaminated melon to seek medical advice. Those with legal questions regarding this outbreak should contact the Listeria experts at PritzkerOlsen P.A., a nationally recognized food safety law firm practicing extensively in the area of foodborne illness litigation.

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Yesterday, the FDA sent Ryan D. Jensen and Eric S. Jensen, Co-Owners of Jensen Farms, a warning letter. Jensen Farms cantaloupe have been linked to at least 123 cases of listeriosis (illness caused by Listeria bacteria) in 26 states. The cantaloupe Listeria outbreak has proven extremely deadly--26 dead, 25 adults and one miscarriage.

The FDA warning letter outlined the results of the FDA investigation of the Jensen Farms packing facility located at 31 North Cline, Granada, Colorado and stated that the cantaloupe packed in the Jensen Farms packing facility are "adulterated within the meaning of Section 402(a)(4) of the Act [21 U.S.C. § 342(a)(4)] in that they have been prepared, packed, or held under insanitary conditions whereby they may have been rendered injurious to health [were injurious to health and killed over 20 people]."

Below are excerpts from the FDA warning letter.  As background, four strains of Listeria and two serotypes (1/2a and 1/2b) have been associated with the outbreak.

• During the September 10 inspection, FDA sampled cantaloupes from cases on four pallets in the cold storage in your packing facility. FDA conducted laboratory analyses, including pulsed-field gel electrophoresis (“PFGE”), on these samples. Five of the ten cantaloupes FDA analyzed were positive for Listeria monocytogenes. The PFGE analysis determined that four of the ten cantaloupes matched the strain of Listeria monocytogenes representing cluster #2, and one of the cantaloupes matched the strain of Listeria monocytogenes representing cluster # 4. Consequently, these cantaloupes from your facility are adulterated within the meaning of Section 402(a)(1) of the Act [21 U.S.C. § 342(a)(1)] in that they bear or contain a poisonous or deleterious substance that may render them injurious to health.
• During the inspection, we also collected environmental swabs from various locations and surfaces throughout your packing facility. FDA conducted laboratory analyses which determined that 13 of the 39 total environmental swabs were positive for outbreak strains of Listeria monocytogenes. PFGE analysis determined that eleven of the positive swabs matched the strain of Listeria monocytogenes represented by cluster #2, one positive swab matched the strain of Listeria monocytogenes represented by cluster #4, and one positive swab matched the strain of Listeria monocytogenes represented by cluster #3. Further, one swab was positive for a strain of Listeria monocytogenes that did not match any of the outbreak strains. These positive swabs were taken from different locations throughout the washing and packing areas in your facility, all of which were either food contact surfaces or areas adjacent to food contact surfaces. This significant percentage of swabs that tested positive for outbreak strains of Listeria monocytogenes demonstrates widespread contamination throughout your facility and indicates poor sanitary practices in the facility.
• Accordingly, the cantaloupe packed in your facility are adulterated within the meaning of Section 402(a)(4) of the Act [21 U.S.C. § 342(a)(4)] in that they have been prepared, packed, or held under insanitary conditions whereby they may have been rendered injurious to health.

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Bernillo County, New Mexico has been hard hit by the cantaloupe Listeria outbreak.Of the 13 New Mexico residents who contracted listeriosis from eating tainted cantaloupe, five have died. Two of the fatalities and some of the other illnesses occurred in Bernillo County, a central New Mexico county that includes Albuquerque.

The other fatalities in New Mexico occurred in Curry, McKinley and Lea counties, the other illnesses occurred in Chaves, Otero, De Baca, and Valencia counties. The victims range in age from the 43 to 96 and include seven men and six women.

Nationwide, the outbreak has stricken 109 people in 24 states according to the latest update from the Centers for Disease Control and Prevention (CDC). Health officials have identified the source as Rocky Ford cantaloupes grown on Jensen Farms in southeastern Colo.

The tainted melons were shipped to 24 states from July 29- September 10. Although Jensen Farms issued a recall on September 14, the CDC expected the number of illnesses to increase due to the long incubation period that is possible with listeriosis. In some instances, it take more than two months after ingesting the bacteria before the onset of symptoms occurs.

Listeriosis is a serious, sometimes fatal infection that is caused by eating food contaminated with Listeria monocytogenes. The disease primarily affects older adults, people with weakened immune systems, pregnant women, and newborns. 

PritzkerOlsen a national food safety law firm, is representing families who are grappling with the devastating effects of this outbreak. Free case consultations are available to those who phone 1-888-377-8900 (Toll Free) or submit our free consultation form.

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Between 15 and 20 percent of the U.S. population falls into a group considered to be at increased risk of contracting foodborne illness, according to a paper by British researchers Barbara M. Lund and Sarah J. O'Brien published in the journal Foodborne Pathogens and Disease.

This group includes: pregnant women, infants, the elderly, diabetics, and those with compromised immune systems, excessive iron in their blood or kidney and liver disease, according to the paper. Malnutrition and the use of antacids can also increase susceptibility.

The cantaloupe listeria outbreak is consistent with those findings. So far, 109 people in 23 states have been stricken with listeriosis linked to Rocky Ford cantaloupes from Jensen Farms in Holly, Colo., according to the latest update from the Centers for Disease Control and Prevention (CDC).

Twenty-one deaths from listeriosis have been reported: 5 in Colorado, 1 in Indiana, 2 in Kansas, 1 in Maryland, 1 in Missouri, 1 in Nebraska, 5 in New Mexico, 1 in New York, 1 in Oklahoma, 2 in Texas, and 1 in Wyoming. In addition, one woman pregnant at the time of illness had a miscarriage.

Most of the victims of this outbreak are over 60, the median age 77. Three of the victims were pregnant women, and one miscarriage has been reported. The outcome of the other two pregnancies is being monitored, according to the CDC.

Both the CDC and the researchers of the paper recommend that the diets for vulnerable people should exclude higher-risk foods.

Sources:
http://www.cdc.gov/listeria/outbreaks/cantaloupes-jensen-farms/100711/index.html
http://www.liebertonline.com/doi/abs/10.1089/fpd.2011.0860 

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The ongoing cantaloupe Listeria outbreak has sickened at least 100 people in 20 states, 18 of whom have died according to the latest information from the Centers for Disease Control and Prevention (CDC).

For many of these victims, life seemed to change in an instant. After the onset of symptoms, listeriosis can quickly become serious and severe, life threatening conditions including blood poisoning and meningitis can occur.

Food safety attorneys Brendan Flaherty and Fred Pritzker of PritzkerOlsen P.A., represented the family of a man who died as a result of eating food contaminated with Listeria.

Brendan Flaherty looks back on the case:

You represented the family of a man killed in the last major Listeria outbreak?
Yes, I spent over two years working almost exclusively on cases from that Listeria outbreak, including for the family of the gentlemen who died.

At the time, it was considered one of the nation’s largest and deadliest listeriosis outbreaks ever. There were 42 confirmed cases and seven deaths.

What happened to your client?
Listeria tends to infect the elderly and pregnant women. The man who died in that outbreak was 85 at the time he contracted listeriosis. His body simply could not fight off the infection. The horrible part of the case was that the man went from a robust, very active retiree and grandfather to an absolutely gaunt and infirm human being. He was hospitalized for almost 400 days before passing away. His slow and painful death was just agonizing for his family.

More than a year in the hospital?
Yes. Soon after he developed his initial symptoms, he was admitted to the hospital and doctors discovered he had listeria meningitis, a condition where the bacteria infects the brain and spinal cord. He never returned to his home or family. For the next 13 months, he was either in a hospital or nursing home. He lost neurologic function to the extent he needed a ventilator and a feeding tube. He battled dozens of complications before succumbing to the massive, lethal infection.

For people who have not been through it or seen, it is impossible to describe the everyday struggle of that length of hospital stay. There is no privacy, little true rest and a never-ending routine of tests, samples and procedures. A brutally difficult existence.

What happened with the case?
It was a complex, very difficult case to prove because, in contrast to the cantaloupe outbreak where a single producer has been implicated, that outbreak was narrowed down to two producers. We worked closely with world class Listeria experts including epidemiologists, microbiologists and infectious disease experts to pinpoint the source of our clients’ infections. We gathered and presented a huge amount of evidence and ended up winning a confidential seven figure settlement for the family.

As a result of our work on that case, we learned a great deal about Listeria and what food producers should do to prevent outbreaks. I sincerely believed that we would not see another Listeria outbreak as big as the current cantaloupe outbreak but here we are. We are again representing families who have recently lost loved ones to Listeria. It is heartbreaking to see but we will do our absolute best to get them fair compensation and to expose the problems with food production that lead to this outbreak. I really hope that the work we are doing for the families will prevent the next outbreak.

Attorney Brendan Flaherty can be reached at 1-888-377-8900 (toll free) or by submitting our free consultation form. He is representing victims and families in the Listeria outbreak linked to Jensen Farms cantaloupe.

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Below is an article from the CDC's Morbidity and Mortality Weekly Review (MMWR) that provides a good explanation of the listeriosis outbreak linked to Jensen Farms cantaloupe grown in Colorado:

Listeriosis is caused by Listeria monocytogenes, a gram-positive bacillus common in the environment and acquired by humans primarily through consumption of contaminated food. Infection causes a spectrum of illness, ranging from febrile gastroenteritis to invasive disease, including sepsis and meningoencephalitis. Invasive listeriosis occurs predominantly in older adults and persons with impaired immune systems. Listeriosis in pregnant women is typically a mild "flu-like" illness, but can result in fetal loss, premature labor, or neonatal infection. Listeriosis is treated with antibiotics.

On September 2, 2011, the Colorado Department of Public Health and Environment (CDPHE) notified CDC of seven cases of listeriosis reported since August 28. On average, Colorado reports two cases of listeriosis annually in August. By September 6, all seven Colorado patients interviewed with the Listeria Initiative* questionnaire reported eating cantaloupe in the month before illness began, and three reported eating cantaloupe marketed as "Rocky Ford."

A case was defined as illness with one of the outbreak strains isolated on or after August 1. Outbreak strains initially were defined as 1) clinical isolates of L. monocytogenes with specimen collection dates in August 2) with a two-enzyme, pulsed-field gel electrophoresis (PFGE) pattern combination that occurred in two or more persons and 3) that matched any of the three pattern combinations found among Colorado residents in August. Analysis of Listeria Initiative data comparing the first 19 outbreak-associated cases in 2011 with 85 cases among persons aged ≥65 years with sporadic listeriosis identified during August of the years 2004--2010 indicated that cantaloupe consumption was strongly associated with illness caused by the outbreak strains: 19 of 19 (100%) versus 54 of 85 (64%); (odds ratio = 14.9; 95% CI = 2.4--∞). Initial tracebacks of cantaloupe purchased by patients converged on Jensen Farms in Colorado.

After cantaloupe was implicated, PulseNet, the national molecular subtyping network for foodborne bacterial disease surveillance, detected a multistate cluster with a fourth PFGE pattern combination; a sample of cantaloupe collected from the implicated farm yielded L. monocytogenes with this pattern, and interviews with patients revealed that most had consumed cantaloupe. Isolates with this pattern were then also considered to be among the outbreak strains. By September 29, 84 cases with one of the four outbreak PFGE pattern combinations had been reported from 19 states†, including 83 with information on the date of illness onset.

Among the patients, 88% were aged ≥60 years (range: 35--96 years); 55% were female, and two were pregnant. Fifteen deaths were reported. Ninety-two percent (57 of 62 with information on food consumption) reported eating cantaloupe in the month before illness began. All four outbreak strains of L. monocytogenes were isolated from whole and cut cantaloupe samples from patients' homes or from samples of Jensen Farms cantaloupe collected from grocery stores and the farm. On September 14, the farm issued a voluntary recall of its cantaloupe.

This outbreak has several unusual features. First, this is the first listeriosis outbreak associated with melon. Second, four widely differing PFGE pattern combinations and two serotypes (1/2a and 1/2b) have been associated with the outbreak. Third, this outbreak is unusually large; only two U.S. listeriosis outbreaks, one associated with frankfurters (108 cases) and one with Mexican-style cheese (142), have had more cases (1,2). Additional cases likely will be reported because of the long incubation period (usually 1--3 weeks, range: 3--70 days) and the time needed for diagnosis and confirmation. Fourth, this outbreak has the highest number of deaths of any U.S. foodborne outbreak since a listeriosis outbreak in 1998 (1).

CDC recommends that persons do not eat cantaloupes from Jensen Farms. This recommendation is especially important for persons at greater risk for listeriosis, including older adults, persons with weakened immune systems, and pregnant women. Not all of the recalled cantaloupes are individually labeled with stickers to indicate production by Jensen Farms. Consumers should consult the retailer or discard any cantaloupe of uncertain origin. Recommendations for preventing listeriosis from other foods are available at http://www.cdc.gov/listeria.

Reported by

Shaun Cosgrove, Alicia Cronquist, Colorado Dept of Public Health and Environment. Gail Wright, Boulder County Public Health. Tista Ghosh, Richard Vogt, Tri-County Health Department. Paul Teitell, Investigations Br, Food and Drug Administration (FDA) Denver District. Allen Gelfius, Charlotte Spires, Tracy Duvernoy, Sheila Merriweather, FDA Coordinated Outbreak Response and Evaluation (CORE) Network. Molly Freeman, Patricia M. Griffin, Kelly A. Jackson, Lavin A. Joseph, Barbara E. Mahon, Karen Neil, Benjamin J. Silk, Cheryl Tarr, Robert Tauxe, Eija Trees, Div of Foodborne, Waterborne, and Environmental Diseases, National Center for Emerging and Zoonotic Infectious Diseases; Mam Ibraheem, Maho Imanishi, Neena Jain, Jeffrey McCollum, Katherine A. O'Connor, EIS officers, CDC. Corresponding contributor: Kelly A. Jackson, gqv8@cdc.gov, 404-639-4603.

Acknowledgments

State and local health departments in the 19 states with cases.

References

1. Mead, PS, Dunne EF, Graves L, et al. Nationwide outbreak of listeriosis due to contaminated meat. Epidemiol Infect 2006;134:744--51.

2. Linnan, MJ, Mascola L, Lou

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After the cantaloupe Listeria outbreak took on the grim mantle of “deadliest U.S. foodborne illness outbreak in more than a decade” this week, a Costco official told the New York Times that cantaloupe growers and shippers need better food safety practices.

“I don’t think the cantaloupe industry can continue on doing the very same thing and expecting a different result,” Craig Wilson, head of food safety for Costco, a Seattle-based warehouse retailer, told the New York Times. “It’s time for companies to get more aggressive. If they know this is going to happen, let’s step up and not let it happen.”

Costco would consider setting standards for how melons are grown, cleaned and handled, and requiring suppliers to demonstrate that melons are pathogen-free, he said in the story. He said the cantaloupe industry needs to be responsible for creating better food safety practices.

Stephen F. Patricio, a melon shipper and the chairman of the trade group California Cantaloupe Advisory Board, agreed saying sales of  California-grown cantaloupe have fallen even though melons from Jensen Farms in Holly, Colo. are the source of the outbreak.

California cantaloupes have never been the source of a foodborne illness outbreak, the trade group’s website claims. Still, Patricio says in the story, California growers suffer every time lax practices by other growers cause an outbreak. “The entire melon category needs to look at the best practices and research that’s been done by the California industry and others to best analyze their own risks,” Patricio told the New York Times. “Or we’re all going to continue to suffer.”

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We have been retained by the families of two people who died from complications of listeriosis, an illness caused by Listeria monocytogenes, a foodborne pathogen. We are investigating whether these deaths are part of the Listeria outbreak linked to Rocky Ford cantaloupe grown by Jensen Farms on its fields in Granada, Colorado.

One of the cases involves the death of a 76-year-old DuPage County, Illinois man. He had eaten cantaloupe every day before he had symptoms of listeriosis. He was diagnosed with listeriosis, hospitalized, and released a few days later. His condition worsened, and he was hospitalized a second time. He died on September 11, 2011.

We are also representing the family of a woman from New York who died from listeriosis while in the hospital for an unrelated medical condition. During the month that she was in the hospital for the unrelated medical condition, she ate a lot of cantaloupe. Because she liked fruit, the dietician had put in a special order for a fruit plate two times a day.  The fruit plate typically had cantaloupe, honeydew, strawberries and grapes. She was to be discharged on August 11 or 12, but symptoms of listeriosis manifested.  She died on August 17, 2011. 

There have been 9 confirmed listeriosis wrongful death cases linked to the outbreak, and many more deaths are being investigated. The nine confirmed outbreak deaths include two in Colorado, four in New Mexico and one each in Oklahoma, Maryland and Nebraska.

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The cantaloupe listeriosis outbreak has widened its reach into Nebraska, New Mexico, Colorado and Texas, according to reports from state health departments.

Nebraska health officials reported on September 23, that a man in his eighties from western Nebraska was the state’s first fatality of the outbreak which began in mid-August. “Analysis shows that the strains of Listeria that are being investigated in Colorado match the one identified with this individual,” said Dr. Joann Schaefer, Chief Medical Officer and Director of the Division of Public Health in a press release. Including this death Nebraska now has six confirmed cases of listeriosis associated with this outbreak.

New Mexico health officials are reporting 10 cases of listeriosis confirmed as part of the outbreak, four of whom have died. Three additional cases are under investigation, one of those people has died.

In Texas, a third person from Dallas County was diagnosed with listeriosis linked to the outbreak, according to a KERA television report.

Colorado cases confirmed as part of the outbreak increased from 14 to 15 this week, according to the Denver Post. Two people from Colorado have died.

The Food and Drug Administration (FDA) said Friday that tainted cantaloupes were shipped to more states than originally thought. States that received shipments of potentially tainted cantaloupe from July 29 through September 10, 2011 include: Arkansas, Arizona, California, Colorado, Idaho, Illinois, Kansas, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming.

Sources:
http://www.dhhs.ne.gov/newsroom/newsreleases/2011/Sept/listeria2.htm

http://www.health.state.nm.us/

http://www.kdheks.gov/news/web_archives/2011/09222011a.htm
 

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Five Kansas listeriosis cases are part of the multi-state cantaloupe listeria outbreak, according to state health officials.

The Kansas Department of Health and Environment and the Kansas Department of Agriculture were notified that samples from five of the eight listeriosis cases reported since August 26 match the outbreak strain, according to a September 22 press release. Two of the eight patients died and the cause of both deaths is still being investigated.

The confirmed cases are expected to be added to the next update from the Centers for Disease Control and Prevention (CDC) whose most recent update from September 21 identifies a total of 55 people infected in 14 states. The illnesses started on or after August 4, 2011. By state, the breakdown form that update is as follows: California (1), Colorado (14), Illinois (1), Indiana (1), Maryland (1), Montana (1), Nebraska (4), New Mexico (10), Oklahoma (8), Texas (9), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (1). 

Earlier this month health officials identified Rocky Ford cantaloupes from Jensen Farms of Holly, Colo., as the likely source of the outbreak. On September 14, Jensen Farms issued a voluntary recall of its Rocky Ford cantaloupe because of potential contamination with Listeria monocytogenes, the foodborne pathogen that causes listeriosis. The recall covered melons shipped from July 29 through September 10, 2011. The cantaloupes were distributed in Kansas and several other states.

Listeriosis is a serious, sometimes fatal infection caused by eating food contaminated with the bacterium Listeria monocytogenes. The disease primarily affects older adults, people with weakened immune systems, pregnant women and newborns.

Symptoms include fever and muscle aches, often preceded by diarrhea or other gastrointestinal symptoms. In more severe cases, there can also be headache, stiff neck, confusion, loss of balance, and convulsions, according to the CDC. Pregnant women typically experience only mild, flu-like symptoms. However, infections during pregnancy can lead to miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn.

If you have legal questions about and illness, hospitalization or death associated with this outbreak, contact a listeria attorney at PritzkerOlsen P.A. for a free consultation.

Source: http://www.kdheks.gov/news/web_archives/2011/09222011a.htm

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The cantaloupe Listeria outbreak that has sickened at least 55 people, eight of whom have died, in 14 states is being investigated by state and federal officials and by the law firm PritzkerOlsen P.A. Attorney Ryan Osterholm answers questions about what's involved with a foodborne illness investigation.

How do law firms investigate outbreaks of foodborne illness?
We consistently monitor the information coming out of the CDC, state health departments and other agencies and the information doctors give to our clients. We have established working relationships with nearly every health department in the country and we frequently hire the best experts in the world to analyze information that determines whether a specific case case is part of an outbreak.

The ongoing cantaloupe Listeria outbreak is the first of its kind. Does that present unique challenges in this investigation?

It does and it doesn’t. The first course of action is to find out how this happened so that it can be prevented from happening again. We’ve seen lots of Listeria outbreaks involving other foods and lots of cantaloupe outbreaks caused by other pathogens. Even though this combination is a first, in terms of proving a case, it’s not that much different.

Unlike other bacteria that can cause foodborne illness, Listeria can be found everywhere in the environment, does that make it harder to trace the source of the contamination?

In terms of proving that Listeria was on the Jensen Farms product, what’s most important is the epidemiological evidence, the correlation between eating the cantaloupe and developing listeriosis. Discovering the nature of how the contamination occurred is not as important as the good old fashioned epidemiology. However, once we have a positive test from the product, that just backs up the epidemiology. It is sort of a smoking gun.

Why are PritzkerOlsen attorneys considered Listeria experts?

PritzkerOlsen attorneys have represented individuals sickened by Listeria in almost every major outbreak in the country, including one case where Fred Pritzker settled a case for $2.7 million after an 81-year-old man died after he contracted listeriosis from contaminated food.

What can consumers do to protect themselves from foodborne illness?
Consumers should follow the safe food handling guidelines as outlined by the CDC.

They are:

• Rinse raw produce, such as fruits and vegetables, thoroughly under running tap water before eating. Dry the produce with a clean cloth or paper towel before cutting them up.
• Thoroughly cook raw meat and poultry.
• Heat hot dogs, deli meats, and cold cuts until they are steaming hot just before serving.
• Do not drink raw (unpasteurized) milk, and do not eat fresh soft cheeses that have unpasteurized milk in them, especially Mexican style cheeses like queso fresco.
• Be sure that your refrigerator is at or below 40 degrees F and your freezer is at or below 0 degrees F by using a refrigerator thermometer.

For melons not part of this recall, follow this general advice for melon safety:

• Consumers should wash their hands before and after handling any whole melon, such as cantaloupe, watermelon, or honeydew.
• Wash the melons and dry them with a clean cloth or paper towel before cutting.
• Cut melon should be promptly consumed or refrigerated at or less than 40 degrees F (32-34 degrees F is best) for no more than 7 days.
• Cut melons left at room temperature for more than 4 hours should be discarded.

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Today's CDC Highlights

• As of 5pm EDT on September 20, 2011, a total of 55 persons infected with the 4 outbreak-associated strains of Listeria monocytogenes have been reported from 14 states.  All illnesses started on or after August 4, 2011. The number of infected persons identified in each state is as follows:  California (1), Colorado (14), Illinois (1), Indiana (1), Maryland (1), Montana (1), Nebraska (4), New Mexico (10), Oklahoma (8), Texas (9), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (1). 
• Collaborative investigations by local, state, and federal public health and regulatory agencies indicate the source of the outbreak is whole cantaloupe grown at Jensen Farms’ production fields in Granada, Colorado.
• On September 14, 2011, FDA announce that Jensen Farms issued a voluntary recall of its Rocky Ford-brand cantaloupes after being linked to a multistate outbreak of listeriosis.
• CDC recommends that persons at high risk for listeriosis, including older adults, persons with weakened immune systems, and pregnant women, do not eat Rocky Ford cantaloupes from Jensen Farms. Other consumers who want to reduce their risk of Listeria infection should not eat Rocky Ford cantaloupes from Jensen Farms.
• Even if some of the cantaloupe has been eaten without becoming ill, dispose of the rest of the cantaloupe immediately. Listeria bacteria can grow in the cantaloupe at room and refrigerator temperatures.

The number of outbreak cases is still low. Our law firm is representing clients in personal injury and wrongful death cases that have a likely association with this outbreak.

More Information from the CDC

Among persons for whom information is available, illnesses began on or after August 4, 2011. Ages range from 35 to 96 years, with a median age of 78 years old.  Most ill persons are over 60 years old or have health conditions that weaken the immune system. Fifty-nine percent of ill persons are female. Among the 43 ill persons with available information on whether they were hospitalized, all were hospitalized.  Eight deaths have been reported, 2 in Colorado, 1 in Maryland, 4 in New Mexico, and 1 in Oklahoma.

Investigations by health officials indicate the source of the outbreak is whole cantaloupe grown at Jensen Farms’ production fields in Granada, Colorado. Among the 36 ill persons with available information on what they ate, 34 (94%) reported consuming cantaloupes in the month before illness onset. Several ill persons remembered the type of cantaloupe they had eaten and said they were Rocky Ford cantaloupes, which are grown in the Rocky Ford region of southeastern Colorado. Source tracing of the cantaloupes that ill persons ate indicated that they came from Jensen Farms, and were marketed as being from the Rocky Ford region. These cantaloupes were shipped from July 29 through Sept 10 to at least 17 states with possible further distribution.

Laboratory testing by the Colorado Department of Public Health and Environment identified Listeria monocytogenes bacteria on cantaloupes collected from grocery stores and from an ill person’s home. Product traceback information from Colorado state officials indicated these cantaloupes also came from Jensen Farms. Laboratory testing by FDA has identified L. monocytogenes matching outbreak strains in samples from equipment and cantaloupe at the Jensen Farms’ packing facility in Granada, Colorado.

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Samples of Listeria monocytogenes taken from packing equipment and cantaloupes from Jensen Farms in Holly, Colo. match one of the three different strains of Listeria monocytogenes associated with the multi-state outbreak of listeriosis, the federal Food and Drug Administration (FDA) confirmed in a press release.

Jensen Farms recalled its Rocky Ford cantaloupes on September 14 in response to the outbreak which has stricken 35 people in 10 states, including four deaths, according to the latest update form the Centers for Disease Control and Prevention (CDC).

After state health officials identified Rocky Ford cantaloupes from Jensen Farms as the common food eaten by several listeriosis patients, FDA investigators collected cantaloupes and environmental samples from a Denver-area store and from the Jensen Farms packing facility in Granada, Colo., according to the release.

The FDA’s investigation includes federal and state microbiologists, environmental health specialists, veterinarians and investigative officers, according to the release. The experts will now analyze the evidence to determine the most likely cause of contamination and identify measures to help prevent future contaminations.

Our Listeria attorneys represent clients throughout the United States in personal injury and wrongful death lawsuits against growers, distributors, manufacturers, processors, retailers, restaurants and others. People have been sickened by cantaloupe in the following states: California, Colorado, Illinois, Indiana, Kansas (probable while awaiting the results of testing), Montana, Nebraska, New Mexico, Oklahoma, Texas, West Virginia and Wyoming (probable).

Source:http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm272527.htm

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A Colorado woman may be the second person in that state to die from the cantaloupe listeriosis outbreak that now stretches from West Virginia to California.

The victim was a 48-year-old mother of three who died Tuesday, September 20 at Parker Adventist Hospital about three weeks after she became ill, according to a story on TheDenverChannel.com

"It went from … her having cardiac arrest at the hospital to being in a coma," the victim’s daughter said in the story. "I just definitely wouldn't want to see anybody else have to go through this."

State health officials say testing will be needed to confirm if the death is part of the outbreak that includes 35 confirmed cases and 4 deaths in 10 states according to the latest information from the Centers for Disease Control and Prevention (CDC.)

The outbreak has been linked to Rocky Ford cantaloupes from Jensen Farms in Holly, Colo., which has issued a recall for cantaloupe shipped from July 29 through September 10, 2011, because it potentially may be contaminated with Listeria monocytogenes, the foodborne pathogen that causes listeriosis.

The number of infected persons confirmed in each state so far is as follows: California (1), Colorado (12), Illinois (1), Indiana (1), Montana (1), Nebraska (4), New Mexico (5), Oklahoma (6), Texas (3), and West Virginia (1).

If you need legal advice about an illness, hospitalization or death related to this outbreak, contact the expert listeria lawyers at PritzkerOlsen, P.A. for a free consultation.

News source: http://www.thedenverchannel.com/education/29244172/detail.html

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One person in West Virginia has a laboratory-confirmed case of listeriosis linked to Rocky Ford cantaloupe grown by Jensen Farms in Colorado. The cantaloupe has sickened over 30 people in several states. In response to this outbreak, Jensen Farms recalled its Rocky Ford cantaloupe shipped from July 29 through September 10, 2011.  Although West Virginia has not been identified as a state where recalled cantaloupes from Jensen Farms were distributed, health officials think the person may have purchased recalled cantaloupes in another state:

“Given our shared border, it’s quite likely that some West Virginians buy groceries in Pennsylvania. At this point, we don’t know exactly what stores may be affected by this recall, so consumers should ensure any purchased cantaloupe is not part of the recall before consuming,” said West Virginia Commissioner of Agriculture Gus R. Douglass in a press release. State agriculture inspectors are aware of the recall and checking for recalled product during regular store visits, he added.

Listeriosis is a serious, sometimes fatal infection caused by eating food contaminated with the bacterium Listeria monocytogenes. The disease primarily affects older adults, people with weakened immune systems, pregnant women and newborns.

Listeriosis symptoms include fever and muscle aches, often preceded by diarrhea or other gastrointestinal symptoms. In more severe cases, there can also be headache, stiff neck, confusion, loss of balance, and convulsions, according to the CDC. Pregnant women typically experience only mild, flu-like symptoms. However, infections during pregnancy can lead to miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn.

Listeria attorneys at PritzkerOlsen, P.A., a nationally recognized leader in food safety law, can answer legal questions about illnesses that are part of this outbreak. Contact them for a free consultation. They are experts in listeriosis and have won dozens of cases and millions of dollars for their clients.
  

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A Wyoming listeriosis case is likely part of the Rocky Ford cantaloupe outbreak that includes 53 confirmed or possible cases and as many as seven deaths in a dozen states, according to the Wyoming Department of Health.

“After reviewing this case, we believe it is likely part of the current listeria outbreak,” Dr. Tracy Murphy, state epidemiologist with the Wyoming Department of Health said in a statement.

The listeriosis case is a Laramie County man who had exposure to cantaloupe prior to his illnesses, public health officials said. The outbreak has been linked to Rocky Ford cantaloupes from Jensen Farms in Colorado.

“We are recommending that Wyoming residents not eat “Rocky Ford” cantaloupe shipped from this farm. A recall is underway of this product, but consumers may already have them in their homes,” Murphy said in the statement.

The FDA is also warning consumers not to eat Rocky Ford cantaloupe shipped by Jensen Farms which is voluntarily recalling the Rocky Ford cantaloupe it shipped from July 29 through September 10, 2011, because it potentially may be contaminated with Listeria monocytogenes, the foodborne pathogen that causes listeriosis.

Listeriosis is a serious, sometimes fatal infection caused by eating food contaminated with the bacterium Listeria monocytogenes. The disease primarily affects older adults, people with weakened immune systems, pregnant women and newborns.

Symptoms include fever and muscle aches, often preceded by diarrhea or other gastrointestinal symptoms. In more severe cases, there can also be headache, stiff neck, confusion, loss of balance, and convulsions, according to the CDC. Pregnant women typically experience only mild, flu-like symptoms. However, infections during pregnancy can lead to miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn.

The cantaloupes are packed in cartons labeled: Frontera Produce, www.fronteraproduce.com or with Frontera Produce, Rocky Ford Cantaloupes. Both cartons also include: Grown and packed by Jensen Farms Granada, CO and Shipped by Frontera Produce LTD, Edinburg, Texas.

“We realize it may be tough for consumers to determine if a particular cantaloupe in their home is potentially affected,” Murphy said. “We suggest people should not take any chances because listeriosis can be serious and life-threatening for some. If you’re not sure it is safe, don’t eat it.”

Listeria attorneys at PritzkerOlsen, P.A., a nationally recognized leader in food safety law, can answer legal questions about illnesses that are part of this outbreak. Contact them for a free consultation. They are experts in listeriosis and have won dozens of cases an millions of dollars for their clients.

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The cantaloupe outbreak of listeriosis has moved into Indiana bringing the total of confirmed cases to 16, according to the Centers for Disease Control and Prevention (CDC). The number of cases identified in each state is as follows: Colorado (11), Indiana (1), Nebraska (1), Oklahoma (1), and Texas (2).

Listeriosis illnesses in several other states are currently being investigated by state and local health departments to determine if they are part of this outbreak. In New Mexico, state health officials have now identified 10 people who have been sickened with listeriosis, three of them have died. 

Listeriosis is a serious, sometimes fatal infection caused by eating food contaminated with the bacterium Listeria monocytogenes. The CDC has linked this outbreak to eating cantaloupes marketed as coming from the Rocky Ford region of Colorado and is recommending that those at high risk for listeriosis, including older adults, persons with weakened immune systems, and pregnant women, do not eat cantaloupes marketed as coming from the that region.

This cantaloupe outbreak of listeriosis began on or after August 15, 2011. The victims range in age from 38 to 96, but most have been women over the age of 60. All of them required hospitalization.

Illnesses that occurred after August 26, 2011, might not be reported yet due to the lag between the time a person becomes ill and the time the illness is reported. Furthermore, there may be others who ate the tainted melon who are not showing symptoms yet. In some cases, the incubation period for listeriosis can be as long as 70 days, but symptoms usually appear within a month.

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Rocky Ford cantaloupes, melons grown in the Rocky Ford region of southeastern Colorado, are the likely source of a Listeria outbreak that has killed one person, according to the Centers for Disease Control and Prevention (CDC).

Confirmed illnesses from the outbreak include: Colorado (11), Texas (2), Nebraska (1), Indiana (1) and Oklahoma (1). (Updated September 14, 2011.) Testing is still pending in other states including New Mexico, where three people died and six others were sickened by listeriosis after eating cantaloupe.

Rocky Ford is located in the Arkansas Valley of Colorado, the river valley that runs from Turquoise Lake near Leadville to the Kansas state line. Farmers have been growing cantaloupes and watermelons there since 1895. It’s the birthplace of commercial cantaloupe production in the U.S.

Up until now, Rocky Ford melons have been famous for their especially sweet taste. With an average sugar content of 12 percent,  2 percent higher than most melons, Rocky Ford melons often achieve USDA “extra fancy” status.

During this outbreak, people at high risk for Listeria: the elderly, the immunocompromised and pregnant women, should not eat Rocky Ford melons, public health officials are advising.

Listeriosis is caused by eating foods contaminated with Listeria. Symptoms of listeriosis include: fever and muscle aches, often preceded by diarrhea or other gastrointestinal symptoms. “Almost everyone who is diagnosed with listeriosis has "invasive" infection, in which the bacteria spread from the intestines to the blood stream or other body sites,” according to the CDC.

Symptoms vary with the infected person but can include headache, stiff neck, confusion, loss of balance, and convulsions. Pregnant women typically experience only a mild, flu-like illness. However, infections during pregnancy can lead to miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn, according to the CDC.

In this outbreak, victims’ ages range from 38 to 96 years. Most are females over 60. All of them were sick enough to be hospitalized. 

If you have legal questions about a listeriosis case associated with this outbreak, Listeria lawyers at PritzkerOlsen P.A. can help. Contact them toll free at 1 (888) 377-8900 or submit our free consultation form.

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Cantaloupe has been linked to two multi-state outbreaks of foodborne illness this year one caused by Salmonella, this other by Listeria. Together the outbreaks have killed at least one person and caused dozens of others to become seriously ill.

While the cantaloupe Listeria outbreak is ongoing, public health officials recommend that consumers avoid eating that variety of melon. In the future, there are some things consumers can do to reduce their risk of contracting a foodborne illness from cantaloupe. The following recommendations are from the Wisconsin Department of Health Services:

• Purchase cantaloupes that are not bruised or damaged.  If buying fresh-cut cantaloupe, be sure it is refrigerated or surrounded by ice.
• After purchase, refrigerate cantaloupes promptly.
• Wash hands with hot, soapy water before and after handling fresh cantaloupes.
• Scrub whole cantaloupes by using a clean produce brush and cool tap water immediately before eating. Don't use soap or detergents.
• Use clean cutting surfaces and utensils when cutting cantaloupes. Wash cutting boards, countertops, dishes, and utensils with hot water and soap between the preparation of raw meat, poultry, or seafood, and the preparation of cantaloupe.
• If there happens to be a bruised or damaged area on a cantaloupe, cut away those parts before eating it.
• Leftover cut cantaloupe should be discarded if left at room temperature for more than two hours.
• Use a cooler with ice or use ice gel-packs when transporting or storing cantaloupes outdoors.

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Cantaloupe has recently been associated with several large outbreaks of foodborne illness in the United States. A Salmonella outbreak that, in March, sickened a dozen people in Oregon, Washington, California and Maryland, prompted a recall of almost 5,000 cartons of cantaloupe believed to be tainted with Salmonella. Now a Listeria cantaloupe outbreak is sweeping through Colorado, Nebraska and Texas has killed one person and hospitalized at least 11 others.

Foodborne illness outbreaks from cantaloupe aren’t new, but they are on the rise. “Since 1994, outbreaks of infections associated with cantaloupe consumption have been reported with increased frequency,” according to a 2005 study published by researchers at the CDC and the University of Georgia, Center for Food Safety and Department of Food Science and Technology.

Researchers reviewed all cantaloupe-associated outbreaks that were reported to the CDC between 1973 and 2003 and found that 28 outbreaks occurred, sickening 1,615 people, hospitalizing 57 and killing two.The pathogens involved were Salmonella, Campylobacter, E. Coli and Norovirus. There have been nine more outbreaks since 2003. Eight of them were caused by those same four pathogens. The current outbreak, which began in Colorado, is the first related to Listeria.

Documented cases of foodborne illness in cantaloupe are growing, but the problem is probably even greater than we know, researchers say.

"Although we report more than 1600 cases of illness associated with cantaloupe consumption in the United States and Canada during the past 30 years, the true burden of foodborne disease associated with cantaloupes is probably much greater.”

The increase in the number of outbreaks is consistent with an increase in outbreak reporting, an increase in consumption of fresh produce in general and an increase in cantaloupe consumption in particular, the report states. In the U.S., per capita consumption of cantaloupe increased from 5.8 lbs in 1980 to 11.3 lbs in 2002, researchers found.

All of the outbreaks studied over the 30-year period and the nine that have occurred since involve raw cantaloupe. Cantaloupes can become contaminated at various points from farm to table including pre-harvest, during harvest, packing, storage, processing and preparation. Researchers found examples of contamination at each of these points in their 30-year study. 

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A cantaloupe Listeria outbreak like the one now spreading through Colorado, Nebraska and Texas, is uncommon but not surprising, according to foodborne illness expert Fred Pritzker.

Listeria monocytogenes is a bacteria found in soil and water. Listeriosis outbreaks often involve ready-to eat meats, deli meats, hot dogs, unpasteurized soft cheeses, and smoked seafood. However, fresh, uncooked produce can also be a source.

“The pathogen has been detected in a number of fresh market produce items including cabbage, cucumbers, potatoes, celery and radishes among others. Moreover, cantaloupes have repeatedly been implicated in outbreaks involving Salmonella, E. coli O157:H7 and Norovirus,” said Pritzker, founder and president of PritzkerOlsen P.A.

The cantaloupe listeriosis outbreak currently includes nine confirmed cases in Colorado, two in Texas and one in Nebraska. State, federal and local public health investigators are working to investigate the specific source of the outbreak, according to a press release issued by the Colorado Department of Public Health and Environment.

The law firm of PritzkerOlsen, P.A., which has been involved in every major Listeria outbreak in the United States, is also investigating the outbreak. If you need legal advice regarding this Listeria outbreak, contact the law firm of Pritzker Olsen, P.A. for a free consultation or call toll-free at (888)-377-8900.

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Colorado’s Listeria outbreak is likely being caused by cantaloupe and the outbreak now potentially includes two cases in Texas and one in Nebraska, according to Colorado’s Department of Public Health and Environment.

While Colorado public health officials have reported 13 confirmed cases of listeriosis, just nine of those are definitely linked to the multi-state outbreak, officials are saying. The remaining four cases either have lab results pending or are not linked. Two people have died and one of those Listeria deaths is linked to the outbreak.  

Confirmed Listeria cases in Colorado are in the following counties: Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson, Larimer and Weld. The people range in age from 30s to 90s. The average age is 84.  The majority are female. 

All nine of Colorado’s case patients consumed cantaloupe, the state agency said in a press release. A specific source of the contaminated product has not yet been identified. The Centers for Disease Control and Prevention is coordinating the multistate investigation, which includes three state health departments, the FDA and the USDA's Food Safety Inspection Service.

“While the investigation into the source of the Listeria outbreak is continuing, it is prudent for people who are at high risk for Listeria infection to avoid consumption of cantaloupe,” said Dr. Chris Urbina, chief medical officer of the Colorado health department.

Those at highest risk are pregnant women, young children, people over 60 and anyone with a compromised immune system.

Listeria lawyer Fred Pritzer, founder and president of PritzkerOlsen, P. A., has extensive experience representing outbreak victims and has filed numerous Listeria lawsuits, once winning a $6,000,000 settlement on a very difficult case. For a free consultation with a listeriosis attorney, please contact Fred at 1-888-377-8900 (Toll Free) or complete this free case consultation form.

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Two people have died in an outbreak of Listeria infections (listeriosis) in Colorado that includes 11 additional cases. When a company or other party is legally responsible for a person's death, the law allows the family of the decedent to sue those responsible for money damages. This is called a "wrongful death" lawsuit.

For families of listeriosis victims, a wrongful death lawsuit cannot be filed until there is some evidence of the cause of the outbreak, which is almost always contaminated food. In this outbreak, the source is likely cantaloupe. This means the grower, distributor(s) and others may be liable.

This cantaloupe listeriosis outbreak has spread to Nebraska, Texas and nine counties in Colorado,  including Adams, Arapahoe Boulder, Denver, Douglas, El Paso, Jefferson, Larimer and Weld.

Our Listeria lawyers know what needs to be done to build a wrongful death case. They have won millions for listeriosis victims and their families. Contact them for a free consultation.

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A listeriosis outbreak in Colorado has sickened nine people since the beginning of August. One of them died.

Health officials believe the likely source of the listeriosis outbreak is cantaloupe. (This information was updated on September 9.)

The outbreak has spread to Texas (2 cases), Nebraska (1 case), and through nine Colorado counties including Adams, Arapahoe Boulder, Denver, Douglas, El Paso, Jefferson, Larimer and Weld.

Channel 7 News in Denver interviewed the daughter of one of the victims:

One of those infected with listeria is Shelly Occhipinti-Krout, a 48-year-old mother of three who was brought to Parker Adventist hospital on Saturday.

"It went from the hospital to her having cardiac arrest at the hospital to being in a coma, pretty much," said Occhipinti-Krout's daughter, Tiffany Weider. "I just definitely wouldn't want to see anybody else have to go through this."

Because Listeria can incubate for as long as 70 days, it can be difficult to pinpoint the source or sources of a listeriosis outbreak. Colorado health officials have looked at the epidemiological evidence and reviewed the DNA fingerprints (PFGE patterns) for the listeria cases. The evidence points to cantaloupe as being the source of the outbreak.

Listeriosis is a rare, potentially fatal infection that can occur after food contaminated with

bacteria is ingested. Symptoms include fever, muscle aches, diarrhea, headache, stiff neck, confusion and convulsions.

National food safety experts at PritzkerOlsen, P.A., have been investigating this outbreak. If you have legal questions regarding an illness or hospitalization associated with this outbreak, contact our listeriosis attorneys online or call 1-888-377-8900 (Toll Free).

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Most kinds of bacteria grow rapidly between temperatures of 40 and 140 degrees F, some doubling in number in as little as 20 minutes. But Listeria, which can cause serious and sometimes fatal infection, thrives in cold temperatures.

Listeria, which can be killed by pasteurization and cooking, is most often present in uncooked meats, uncooked vegetables, unpasteurized milk and foods made from unpasteurized milk. Processed foods such as soft cheeses, hot dogs and ready-to-eat deli meats may become contaminated at the plant after cooking and before packaging.

Pregnant women, young children and people who have weak immune systems are at highest risk of contracting listeriosis. While a Listeria infection may cause only a mild illness in a pregnant woman, consequences for the baby may include, miscarriage, stillbirth, premature birth or a potentially fatal infection after birth, according the Mayo Clinic.

Symptoms of infection can begin as early as a few days or take as long as two months after consuming contaminated food. They include fever, muscle aches, nausea and diarrhea. If the infection spreads to your nervous system, signs and symptoms may include: headache, stiff neck, confusion, loss of balance and convulsions.

Each year, 1,600 people become seriously ill and 415 die from listeriosis, according the Centers for Disease Control and Prevention. The majority of cases are sporadic, making epidemiological links to food very difficult.

In Colorado, an outbreak of Listeria has killed two people and sent at least seven others to the hospital. Colorado health officials are investigating to find the cause of these illnesses. Most of the patients are women in their 30s to 90s.

National food safety experts at PritzkerOlsen, P.A., are also investigating the Colorado listeriosis outbreak. If you have legal questions regarding a possible claim caused by this dangerous foodborne illness, contact our listeriosis attorneys for a free consultation.  

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Colorado state health officials are working to determine the source of a listeriosis outbreak along the Front Range that has killed two people and hospitalized seven others. Most of the patients are women in their 30s to 90s who live in Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson or Weld counties, according to the health department. 

Eating food contaminated with Listeria can cause listeriosis, an uncommon but potentially fatal infection. Each year, 1,600 people become seriously ill from listeriosis. Of these, 260 die according the the Centers for Disease Control and Prevention. Those at highest risk include older adults, pregnant women and people with immune compromising conditions. Symptoms include fever, muscle aches, diarrhea, headache, stiff neck, confusion and convulsions. Listeriosis also can cause miscarriages and stillbirths.

Foods of particular concern include :

• Hot dogs, luncheon meats, cold cuts, other deli meats (e.g., bologna), or fermented or dry sausages unless they are heated to an internal temperature of 165 F, or until steaming hot just before serving.
• Refrigerated smoked seafood, such as salmon, trout, whitefish, cod, tuna and mackerel, is most often labeled as "nova-style," "lox," "kippered," "smoked" or "jerky."
• Unpasteurized soft cheese such as feta, queso blanco, queso fresco, brie, Camembert, blue-veined or panela (queso panela). 

National food safety experts at PritzkerOlsen, P.A., are investigating the Colorado listeriosis outbreak. Our firm is one of the very few in the country with extensive experience in foodborne illness litigation and we have won millions of dollars for past Listeria outbreak victims. If you have legal questions regarding compensation for harms brought by an infection in this outbreak, contact our listeriosis attorneys online or call 1-888-377-8900 (Toll Free). Case consultations with a lawyer are free.

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Children's Hospital Colorado says it very well: Listeria infection is rare, but when it does occur it most frequently affects pregnant women in their last trimester, the fetus, newborns, and kids and adults whose immunity is weakened by diseases such as cancer or HIV. People who have had various types of transplants are also more at risk for listeriosis.

A person can ingest Listeria monocytogenes bacteria by eating certain foods, such as ready-to-eat deli meats and cold cuts, soft-ripened cheese, raw milk, undercooked chicken, uncooked hot dogs, shellfish, and coleslaw made from contaminated cabbage. In Colorado right now, state health officials are searching for the cause of an outbreak that has resulted in two Listeria deaths. Seven others have been hospitalized and the majority are older female adults.

Listeria infections may create symptoms such as fever, vomiting, diarrhea, lethargy, difficulty breathing, and poor feeding. But pregnant women who develop listeriosis may experience only mild flu-like symptoms, although they are at risk for premature delivery, miscarriage, and stillbirth.  

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Colorado health officials are advising consumers to follow federal food safety guidelines after a Listeria outbreak has killed two people and sickened seven others. The source of the outbreak has not yet been determined.

Most of the patients were adult females ranging in age from 30s to 90s. Patients were hospitalized in all nine recent cases of listeriosis, in the following counties: Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson and Weld, according to a statement released by the health department this afternoon. 

Symptoms of listeriosis usually include diarrhea or other gastrointestinal symptoms  followed by a fever and muscle aches. Pregnant and elderly women are most at risk. Antibiotics given promptly can cure the illness and prevent infection of a fetus. But even with prompt treatment, some Listeria infections result in death. This is particularly likely in older adults and in people with other serious medical problems, according the the health department statement.

National food safety law firm PritzkerOlsen, P.A., has handled many listeriosis cases, including several that resulted in multi-million dollar claims. Contact our listeriosis attorneys for a free consultation.

While health officials try to determine the source of the outbreak, they are reminding consumers to follow federal guidelines to avoid illness. The Centers for Disease Control and Prevention (CDC) recommendatiosn for various foods are as follows:

Hot Dogs and Deli Meats

• Heat to an internal temperature of 165 degrees.
• Clean spilled fluid from packaging from all surfaces
• Wash hands after handling.
• Avoid eating refrigerated pates or meat spreads.

Cheeses

• Do not eat soft cheese such as feta, queso blanco, queso fresco, brie, Camembert, blue-veined, or panela (queso panela) unless it is labeled as made with pasteurized milk.

Seafood

• Do not eat refrigerated, smoked seafood, unless it is contained in a cooked dish, such as a casserole, or unless it is a canned or shelf-stable product.
• Refrigerated, smoked seafood, such as salmon, trout, whitefish, cod, tuna, and mackerel, is most often labeled as "nova-style," "lox," "kippered," "smoked," or "jerky." These fish are typically found in the refrigerator section.

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Listeria wrongful death cases in the United States most often are sporadic, meaning they are not part of an identified outbreak of Listeria monocytogenes. But in the first half of last year in Louisiana, two Listeria deaths were recorded in an outbreak traced to hog head cheese made by a small Louisiana firm.

National food safety law firm PritzkerOlsen, P.A., has handled many Listeria cases, including several that resulted in multi-million dollar claims. One of those was  for a couple that lost a pregnancy and the ability to get pregnant again. Another case was for an active, vibrant retiree who suffered severe illness for about a year before his Listeria death culminated the family's tragedy. In both cases, contaminated ready-to-eat meat was the cause of infection.

To contact an attorney, call 1-888-377-8900 (Toll Free) or complete our contact form and a lawyer will respond with information you seek

.The Centers for Disease Control and Prevention (CDC) published an in-depth look at the Louisiana outbreak, which sickened a total of eight people with the same, genetically matched strain of Listeria monocytogenes. Seven of the eight were hospitalized and two of those patients died. Symptoms included altered mental status, diarrhea, vomiting and weakness. 

The CDC said this was the first report of a listeriosis outbreak associated with the consumption of hog head cheese. But ready-to-eat meats are a recognized vehicle for Listeria infection and hog head cheese falls into that category. It is a meat jelly made of swine heads and feet). The USDA has a zero tolerance for Listeria monocytogenes bacteria in ready-to-eat meats because outbreaks can be so likely. That means any product contaminated with the pathogen is legally considered adulterated and the maker is liable even if food safety practices were in place. This lowers the burder of proof for poisoning victims who seek to recover compensation for medical bills, pain and suffering, lost wages, lost earning capacity and other harms.

At the time of the outbreak, Veron Foods in Prairieville, Louisiana, recalled 500,000 pounds of hogs head cheese and sausage. The small, state-inspected firm makes 600 pounds of hog head cheese a week. Listeria matching the outbreak strain was found at the plant -- the second Listeria recall in three years at Veron.

 The sick people lived in Orleans, Jefferson, Tangipahoa, Terrebone, Ascension, St. John and Lafayette parishes, according to the state health department. 

Listeria is an organism that causes gastrointestinal disease in healthy people. If the infection spreads to the nervous system, symptoms such as headache, stiff neck, confusion, loss of balance, or convulsions can occur.In immune-deficient individuals, Listeria can invade the central nervous system, causing meningitis and/or encephalitis (brain infection). Listeria-Infected pregnant women ordinarily experience only a mild, flu-like illness; however, infection during pregnancy can lead to miscarriage, infection of the newborn or even stillbirth.

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Certain strains of Listeria monocytogenes appear to attack heart tissue, causing researchers to wonder if some who suffer Listeria infections are at greater risk of serious heart disease. The pathogen already causes one of the highest hospitalization rates of any foodborne illness and it has long been known as a menace during pregnancy -- causing stillbirth and miscarriage.

Researchers from the University of Illinois, Chicago, found that mice infected with certain strains of Listeria monocytogenes had 10-15-fold more bacteria in their heart tissues than mice infected with other strains. Dr Nancy Freitag, who led the study, explained how about 10 percent of infections involved the heart. In those cases, cardiac illness is estimated to be up to 35 percent.

While little is known about how the organisms infect heart tissues, Freitag's group is trying to identify cardiac-targeting strains of Listeria. That could improve infection outcomes and help protect vulnerable groups, including patients with heart valve replacements. The group's study results were published in the Journal of Medical Microbiology.

If you or a loved one has suffered a foodborne Listeria infection, call national food safety law firm PritzkerOlsen, P.A., to discuss your case free of charge at 1-888-377-8900 (Toll Free) or contact us online. We are one of the very few law firms in the country practicing extensively in the area of foodborne illness litigation and we have collected millions of dollars for victims of food poisoning.

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Listeria monocytogenes findings and insanitary plant conditions have led to a consent decree that prohibits a Portland, Maine, seafood processor from selling seafood until the U.S. Food and Drug Administration (FDA) has approved in writing the company's food safety plans. The FDA said the decree was signed by three executives at Portland Shellfish Co. Inc. and entered by Judge John A. Woodcock in the U.S. District Court for the District of Maine.

Part of the FDA's requirement is for Portland Shellfish to install a Listeria testing program and a sanitation program in addition to the company's Hazard Analysis and Critical Control Point (HACCP) plan. The company normally sells ready-to-eat lobster, shrimp and crab products to retailers in Massachusetts, California, Georgia, Illinois, Nevada, Washington, New Jersey and Louisiana.

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State and local health officials around San Antonio, Texas, are investigating five illnesses and two deaths from Listeria monocytogenes, a pathogen sometimes found in soft cheeses and deli meats.

The cases have cropped up sporadically since January and they are spread across three counties. This makes it difficult for investigators to trace the food that is causing the illnesses. None of the Texas Listeria outbreak victims know each other, but their illnesses share the same genetic fingerprint.

Roger Sanchez, senior epidemiologist for San Antonio Metropolitan Health District, said the outbreak isn't large but most of the patients have underlying health conditions. They range in age from 66 to 93.

The Centers for Disease Control and Prevention estimate that 2,500 become seriously ill each year with listeriosis, and 500 of them die.

Listeria is unlike many other germs because it can grow even in the cold temperature of the refrigerator. The organism is especially harmful to pregnant women, who are 20 times more likely than other healthy adults to get the infection. An infection can cause stillbirth or miscarriage.

If you or someone you love is part of this outbreak, call law firm Pritzker Olsen for a free case consultation at 1-888-377-8900 (Toll Free), or by completing the contact form on the side of this Web page. If we agree to take your case, you will owe us nothing until the case is won.

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Little is known about how Listeria monocytogenes occurs in retail facilities. That's why the USDA's Food Safety and Inspection Service (FSIS) is teaming up with the U.S. Food and Drug Administration (FDA) to initiate a risk assessment of the problem.

A public meeting is set for June 23 in Washington to discuss the scope and objectives of the project, which will focus on retail handling of cheeses, ready-to-eat meats and deli-type salads. It is assumed that certain retail practices may result in either cross-contamination from one product to another or through contamination from the retail environment itself.

The goal is to identify the hazards and devise interventions to control the pathogen.

Listeria monocytogenes killed 22 people in Canada last year in a major infectious disease outbreak caused by ready-to-eat deli meat made in Toronto. The organism causes Listeriosis, a disease that starts with flu-like symptoms and can sometimes bring on loss of balance, severe headaches, confusion or convulsions.

With Listeriosis, the onset of illness after consumption of contaminated food can take three weeks. Healthy adults rarely require medical treatment for infections, but Listeria monocytogenes is a dangerous health threat to pregnant women, young children, the elderly, and people with weakened immune systems. Listeria in pregnant women can cause stillbirth and miscarriage.

If your or someone you know has contracted Listeria monocytogenes, our law firm, PritzkerOlsen, P.A., is one of the few in the country that practices extensively in the area of foodborne illness litigation.  To contact a Listeria lawyer at our firm, call 1-800-377-8900 (Toll Free) or write to us online for a free case consultation. We have years of experience and prove success, collecting tens of million for victims of Listeria and other  types of food poisoning.

The public meeting in Washington regarding a risk assessment for Listeria at the retail level will be held Tuesday, June 23, 2009, from 8:30 a.m. to 5 p.m. at L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW, Washington, DC 20024. Pre-registration is encouraged, with details availble in the FSIS press release.

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