Food Poisoning Law Blog

Thank you, Annys Shin of the Washington Post, for your update on the E. coli outbreaks linked to Nebraska Beef and the Whole Foods Market and Coleman Natural Foods connection:

Nebraska Beef, an Omaha meat packer, has been linked to two separate outbreaks of E. coli O157:H7 in the past two months. The first triggered a ground beef recall by Kroger's supermarkets. The second outbreak kicked off a ground beef recall by Dorothy Lane Market, a small chain in Ohio. The U.S. Department of Agriculture and the Centers for Disease Control and Prevention consider these two separate outbreaks because they involve two genetically distinct strains of O157:H7.

Whole Foods initiated the recall after Massachusetts health officials investigating a cluster of E. coli illnesses discovered all seven victims had bought meat at Whole Foods. The chain pulled ground beef from some of its stores on Wednesday. The Nebraska Beef recall was announced late Friday night.

. . . The strain found in the Whole Foods customers matches the strain found in the Dorothy Lane customers and the one found in a sample of Nebraska Beef meat, according to USDA. Dorothy Lane and Whole Foods both bought meat from Coleman Natural Foods which temporarily used Nebraska Beef to process its meat.

What this means legally for Whole Foods Market and Coleman Natural Foods is that they will most likely be sued, perhaps by our law firm. 

Innocent people contracted a violent illness because they consumed contaminated meat that went through a number of hands to land on their plates. Every company involved in the processing, distribution and sale of the contaminated meat is a potential defendant in a lawsuit seeking medical expenses and compensation for pain and suffering, emotional distress, loss of income and other damages. Contact attorney Fred Pritzker for more information.

The Massachusetts Department of Public Health today confirms another E. coli case linked to ground beef.  This new case brings the total number of confirmed cases in the state to 7.  Investigators found that the seven individuals had eaten ground beef purchased from Whole Foods Markets in July.  The Department of Public Health has since warned consumers not to eat ground beef purchased from Whole Foods Market stores between June 2 and August 6.  The warning applies to all ground beef and ground beef patties from the meat counter and prepackaged in meat coolers.

Interestingly enough, health officials believe these cases are connected with the nationwide recall of ground beef from Nebraska Beef. The beef products have already been recalled due to possible E. coli contamination, but Whole Foods Markets purchased some of the affected products from Nebraska Beef (Coleman brand name).  Officials are looking into why Whole Foods Market sold the products after the recall had been issued. Whole Foods Market has since removed all beef products purchased from Nebraska Beef from store shelves.

E. coli can cause serious symptoms, such as bloody diarrhea, dehydration, and can lead to kidney failure (hemolytic uremic syndrome, or HUS).  The Department of Public Health continues to warn all consumers to always cook ground beef properly in order to kill any possible bacteria. So far, 5 of the 7 confirmed cases of E. coli in Massachusetts have been hospitalized.  Below is more information on each of the cases.

Vicki Duey of the Four Corners Health Department says she's looking at whether the food served at a public event held earlier this month may have sickened people. She declined to give specific information about the event or where it took place.

During the investigation, it is valuable to have legal representation. To contact our law firm, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker, managing partner for our E. coli cases, or submit our E. coli case review form.

The multistate E. coli outbreak that originally affected residents of Michigan and Ohio has now spread to four more states.  According to the CDC, there have been 45 confirmed cases linked to this outbreak, 20 in Michigan and 21 in Ohio, which now includes one case in each of the following states: Georgia, Indiana, Kentucky, and New York.  In all instances, illness began between May 27 and June 24.

According to the CDC,

Twenty-three persons have been hospitalized. One patient developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths have been reported. Twenty-six (58%) patients are female. Patients range in age from 4 to 78 years with a median age of 19 years.

Ground beef samples from several patients were found to match the outbreak strain of E. coli. The ground beef was connected to Kroger retail stores in Michigan and Ohio, prompting Kroger to recall ground beef sold at their Michigan and Ohio stores. On June 30, Nebraska Beef, Ltd. (Kroger’s supplier) recalled half a million pounds of ground beef. One July 3, the Nebraska Beef recall was expanded to include 5.3 million pounds of beef products.

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.

Microbiological evidence has linked ground beef taken from the Barbecue Pit in Moultrie, Georgia with an E. coli outbreak that has sickened at least 12 people, probably more. According to WCTV news:

Ground beef taken from the Barbecue Pit, the restaurant that has been the common thread in a Colquitt County disease outbreak, has tested positive for Escherichia coli (E. coli) O157, says Southwest Georgia Public Health District Health Director Dr. Jacqueline Grant.

"We received confirmation that ground beef samples tested positive," Grant said.

. . . There are eight lab-confirmed cases of E. coli and four presumed cases to date in the Colquitt County disease outbreak, which began in late June. All confirmed and presumed cases involve people who ate at the Barbecue Pit, located at 311 First Ave., S.E. in Moultrie.

According to the Southwest Georgia Public Health District, the ground beef was made with Nebraska Beef, Ltd. ground beef components that may have been contaminated with E. coli O157:H7. Nebraska Beef, Ltd. ground beef components have also been linked to an outbreak that has sickened at least 43 people in Ohio and Michigan. Nebraska Beef, Ltd. has recalled beef trim and other ground beef components.  The Nebraska Beef recall involves 5 million pounds of ground beef components.  

We have filed a lawsuit on behalf of a victim of the E. coli outbreak associated with Nebraska ground beef components and Kroger ground beef. For information about this Nebraska Beef and Kroger lawsuit and E. coli litigation, please contact our law firm at 1-888-377-8900 (toll-free), email attorney Fred Pritzker, or submit the firm’s free, E. coli-case consultation form.

According to a Southwest Georgia Public Health District news release, the Barbecue Pit, a restaurant in Moultrie, Georgia may be linked to an E. coli outbreak that may have sickened at least nine people in Colquitt County, Georgia. Six people have confirmed cases of E. coli O157:H7, and three other patients have developed hemolytic uremic syndrome (HUS), a severe illness that can cause kidney failure (renal failure) and that is often associated with E. coli infections.

“All of the patients with lab-confirmed cases of E. coli have recalled eating there [at the Barbecue Pit],” said Southwest Georgia Public Health District Deputy Health Director Brenda Greene.

Two of the people with hemolytic uremic syndrome also ate at the Barbecue Pit, according to Greene.

“The two patients with HUS are considered probable and we have some other tests pending that are possible cases of E. coli. Patients are still seeking medical treatment for symptoms that suggest the infection remains active,” said Greene.

According to Green, “We do not have all the evidence needed to clearly point to any one item as the source of the infection.” Even if a specific food is not implicated in this outbreak, restaurants are strictly liable for illnesses and death caused by the food they prepare. Our law firm has had several cases where a restaurant was held liable even though a specific food item served at the restaurant was not pinpointed as the source of the outbreak. 

If health officials determine that a specific food item served at the restaurant was the source of the outbreak, the supplier and manufacturer of that food item, the restaurant and others may all be found liable for illness and death.

According to the Moultrie Observer, this E. coli outbreak that has been linked to the Barbecue Pit may have been caused by ground beef and may be connected to an E. coli outbreak in Michigan and Ohio that has been linked to Kroger ground beef, the components of which were supplied by Nebraska Beef, Ltd, which has recalled over 5 million pounds of ground beef components due to possible contamination with E. coli O157:H7 (Nebraska Beef recall):

“A specimen sample from one of the patients resulted in a match to the same strain of E. coli bacteria in disease outbreaks in Michigan and Ohio, and those illnesses are linked to ground beef,” Greene said. “The National Centers of Disease Control and Prevention and state epidemiologists agree that ground beef may be a source of the infection in Colquitt County.”

Ground beef is used in some of the dishes served in the Barbecue Pit, a Moultrie restaurant that has voluntarily closed as disease investigators attempt to find the source of Escherichia coli (E. coli) 0157 contamination. A common thread among patients with confirmed cases of the disease is that they ate at the restaurant.

The supplier of the Kroger ground beef linked to an E. coli outbreak that has sickened at least 35 people in Michigan and Ohio was Nebraska Beef, Ltd., an Omaha, Nebraska firm. In response to the outbreak, Kroger recalled an "undetermined amount" of Kroger ground beef products. (Read about the Kroger recall.)  Nebraska Beef has recalled 531,707 pounds of ground beef components because they may be contaminated with E. coli O157:H7.

The potentially-contaminated ground beef components were distributed to a number of states, meaning cases of E. coli O157:H7 in other states may surface that are connected to the Michigan and Ohio E. coli outbreak linked to Kroger ground beef.   

The recalled Nebraska Beef ground beef components were sold to firms that processed the components into ground beef. This means that one contaminated component could have contaminated thousands of pounds of ground beef. The ground beef processors who used the recalled Nebraska ground beef components need to recall any ground beef products that may have been contaminated with the recalled ground beef components.

Our law firm has been retained to represent 20-year-old Zachary Everhart from Pickerington, Ohio, one of the victims of the E. coli outbreak linked to Kroger ground beef.  In a recent interview on WBNS 10TV, Mr. Everhart had this to say, “It was very painful, actually severe abdominal pains for probably a duration of four days.” The WBNS story states:

Everhart said that in addition to having his medical bills paid for, he wants to send a message to those who sell, prepare and process ground beef to pay closer attention to how they clean the food they sell.

 We are privileged to represent Mr. Everhart.  (Read about our recent Kroger lawsuit filed on behalf of Zachary Everhart.) To contact our law firm about legal representation, please call 1-888-377-8900 (toll-free) or email Fred Pritzker.

Recalled Nebraska Beef Products

The following Nebraska Beef products have been recalled:

• Combo bins of "Coleman 75/25 Trim." The shipping containers bear the case code "38097," and were produced on June 17. These products were sent to an establishment in Colorado for further processing.
• Combo Bins of "Coleman Plate Navel Combo." The shipping containers bear the case code "38044," and were produced on June 17 and 24. These products were sent to an establishment in Texas for further processing.
• 60-pound boxes of "Nebraska Beef, Beef Chuck." The boxes bear the case code "10260," and were produced on May 19. These products were distributed to wholesalers in Illinois, Michigan, New York and Pennsylvania.
• 60-pound boxes of "Nebraska Beef, Beef Chuck." The boxes bear the case code "10263," and were produced on May 19. These products were distributed to wholesalers in New York.
• 60-pound boxes of "Nebraska Beef, Beef Knuckle." The boxes bear the case code "46140," and were produced on June 9. These products were distributed to wholesalers in Illinois and New York.
• 60-pound boxes of "Nebraska Beef, Beef Clod." The boxes bear the case code "13060," and were produced on June 9. These products were distributed to wholesalers in Illinois.