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

Food poisoning litigation was the topic of the keynote address delivered last week in British Columbia by American food safety attorney Fred Pritzker. More than 100 Environmental Health Officers attended the address as part of the Fraser Health Authority's Annual Environmental Health Officer Educational Day.

The 47-page Power Point demonstration focused on how lawyers prove food poisoning cases in the aftermath of outbreaks of E. coli, Salmonella, Campylobacter, Listeria and other types of foodborne illness. In Canada, Environmental Health Officers are like food safety inspectors in the U.S. Mr. Pritzker, founder and president of PritzkerOlsen, P.A., explained how he and his associates at the firm thrive on holding wrongdoers accountable for violating food safety rules. The best way to do that is obtain fair compensation for clients' harms and losses. The firm also advocates for safer food and for the elimination of human pathogens from the food supply.

Pritzker Olsen attorneys are involved in practically all national outbreaks of foodborne illness, always representing victims. The firm's typical foodborne illness cases involve significant injuries or death, but lawyers at the firm also handle a volume of smaller cases from the same outbreak.

Pritzker told the Canadian health officers that the real battleground in foodborne illness litigation is proving that a particular food product caused a particular client's foodborne illness. He touched on the importance of using food safety experts to help fortify the cases and he discussed how a case is put into suit when settlement negotiations fail.

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E. coli investigators assigned to the filberts E. coli O157:H7 outbreak in Minnesota, Wisconsin and Michigan will continue their probe this week, trying among other things to find where and how in the supply chain the in-shell hazelnuts became contaminated.

An official from the Minnesota Department of Agriculture told the Minneapolis Star Tribune that part of the effort will be in Oregon, where the filberts are believe to have been harvested. Oregon grows more than 95 percent of the U.S. supply of hazelnuts. The nuts are gathered from the ground after they fall from trees that are 50 to 60 feet tall. It's possible the bacteria contamination occurred at that point, but the handling of the produce in packing, storage and distributions also will be probed.

In addition, the Centers for Disease Control and Prevention (CDC) will be looking closely at PulseNet, the CDC's surveillance network for outbreaks. The system can match the genetic fingerprints of human pathogens that come from the same source. Doctors' offices around the country are required in many states to send E. coli samples and other pathogen samples to state labs for molecular subtyping.  So far, the CDC has said there have been seven people infected by the same strain of E. coli O157:H7: One in Michigan and three each in Minnesota and Wisconsin. Forty-three percent have been hospitalized. 

Hazelnut E. coli Recall

Meanwhile, retailers and consumers remain under warning not to sell or eat in-shell hazelnuts and mixed nuts containing hazelnuts distributed by D. DeFranco and Sons of Los Angeles, California. Six of the seven victims of the outbreak reported buying filberts from bulk bins in grocery stores, but the recall also involves Cello-bag packages of Sunripe brand hazelnuts with a sell-by date of June 30, 2011.

DeFranco recalled all hazelnut and mixed nut products distributed from November 2, 2010, to December 22, 2010. Recalled product was shipped to stores in Minnesota, Iowa, Michigan, Montana, North Dakota, South Dakota, and Wisconsin. Recalled products would have been purchased after November 2, 2010.  Important to this recall, because of the bulk sales, is a list of retail stores that received potentially contaminated hazelnuts. National food safety law firm PritzkerOlsen has compiled the complete hazelnut stores list on its website, obtained from the Minnesota Department of Health.

E. coli attorneys at PritzkerOlsen are accepting cases from this outbreak at 1-888-377-8900 (Toll Free) or a lawyer will call you immediately to follow up on a contact form that you submit online. Our firm is one of the very few in the country practicing extensively in the area of foodborne illness litigation. We have collected tens of millions of dollars for E. coli victims all around the country, operating from our main office in Minneapolis. PritzkerOlsen also is actively engaged in various efforts to stop food poisoning by keeping dangerous pathogens out of our food supply.

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You may have heard that food poisoning outbreaks in the United States are declining, but a pre-eminent public health doctor has written in The New England Journal of Medicine that we've made very little progress combatting disease from contaminated food.

Dr. Michael Osterholm, director of the University of Minnesota's Center for Infectious Disease Research and Policy, wrote in a "Perspective'' piece in the lastest issue of the Journal that says the best measure for up-to-date trends in foodborne illness is FoodNet, a CDC surveillance system that tracks infections reported to labs in 10 states.

Osterholm notes that when the 2009 incidence of infections with the eight primary bacterial and parasitic pathogens is compared with their incidence in the period from 2006 through 2008, no significant change can be seen for six pathogens. Only the infection rates for Shigella and E. coli O157 show significant decreases . In addition, recent  studies have demonstrated a significant increase in the incidence of foodborne disease caused by emerging non-O157 types of E. coli, suggesting that surveillance for O157 is no longer sufficient to determine the effect of foodborne shiga toxin-producing E. coli infections.

"On the basis of FoodNet data for the past 14 years, we must conclude that the improvements made in the late 1990s in the safety of our food supply are still having a positive effect,'' Osterholm wrote. "But we’ve made little additional progress in the last decade.'' 

The CDC now estimates that there are approximately 48 million foodborne illnesses, 128,000 hospitalizations, and 3000 deaths per year. That means that 15% of Americans can expect to have a foodborne illness annually and that 41 in 100,000 will be hospitalized and 1 in 100,000 will die.

National food safety law firm PritzkerOlsen, P.A., is one of the very few attorney groups in the country practicing extensively in foodborne illness litigation. Dr. Osterholm's son, Ryan Osterholm, is a lawyer for the firm, representing victims of E. coli, Salmonella, Campylobacter, Listeria and other diseases caused by the negligence of food companies, restaurants, distributors and retailers. To contact Ryan about an outbreak of food poisoning that has sickened you or a member of your family and friends, call 1-888-377-8900 (Toll Free) or complete our form for a free consultation. 

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A possible food poisoning outbreak is under investigation in Orange County, New York, after a number of firefighters went to the doctor more than a day after eating together at a banquet in Goshen, the county seat.

Mid-Hudson News Network broke the story, reporting that the possible food poisoning outbreak is being investigated by the Orange County Health Department. Orange County, N.Y., is in the southeast portion of the state. The banquet was attended Saturday night at a catering hall by about 120 people. Health investigators said a number of Silver Lake Fire Department volunteer firefighters got sick and went to the doctor on Monday and Tuesday.

Nausea and vomiting were chief symptoms of the outbreak, a doctor told Mid-Hudson News. National food safety law firm PritzkerOlsen, P.A., is monitoring the outbreak and can be reached at 1-888-377-8900 (Toll Free) or by contact form.

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Food safety on the front lines of manufacturing received a major boost this year in the form of strong protection for food industry workers who blow the whistle on dangerous conditions that could lead to outbreaks of Salmonella, E. coli, Campylobacter, Listeria and other types of food poisoning.

The whistleblower provision is tucked into the Food Safety Modernization Act signed last month by President Obama. It gives job protection to individuals who speak up about what they think are violations of food safety laws. If they were to get fired for blowing the whistle, the government could order them reinstated with back pay, attorneys' fees and other damages and protection from further retaliation.

Kendrick, the Texas plant's assistant manager for part of 2006, said he sent state regulators anonymous e-mails about a rat infestation at the plant and bird droppings getting into products, but his complaints were ignored. He was working for a different FDA-regulated company when he spoke publicly about the problems, and he believes that's why he was fired from his new job and why he's had trouble finding work since.

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Said Taylor: "The recruitment of a chief medical officer and director of outbreaks here is part of an effort to really transform the way we think about and manage and learn from outbreaks in our effort to build a prevention-oriented food safety program.'' The food safety official told CIDRAP that FDA is putting together a permanent team to work on foodborne outbreaks of E. coli, Salmonella, Campylobacter and other pathogens. The team of about 40 will work full time on outbreaks, not as a side duty, and they also will perform postmortem work in the aftermath of outbreaks to look for lessons of prevention.

National food safety lawyer Fred Pritzker said the development is good news for consumers who become victims of foodborne illness outbreaks because it is impossible in some cases to file a food poisoning lawsuit unless public health authorities have linked an outbreak to a cause. "The better we become at outbreak detection, the more we can do for victims of food poisoning,'' Pritzker said. "Increased accountability and transparency will make our food supply safer in the long run.''

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Some segments of the food industry have been required since 2005 to be able to trace foods "one step forward, one step back," but not farms or restaurants. According to a story by Washington Post reporter Lindsey Layton, the new Food Safety Modernization Act requires the FDA to launch pilot projects by September, then report results to Congress and issue more specific rules by 2013. Exactly what systems will ultimately look like, how they will work and how much they will cost is unclear, but the private sector is buzzing with activity.

Paul Chang, who leads the traceability initiative at IBM, said the company is basically taking the tracking system it uses for the pharmaceutical industry and adopting it to the food business. HarvestMark, based in California, has developed a two-dimensional bar code sticker that can be placed on individual fruits and vegetables or packaging. Shoppers can scan the sticker with a smartphone or go to the HarvestMark website and enter the number from the sticker to learn the path the food has taken and other information the farmer chooses to share, such as the harvest date. You can click a button and tell the farmer what you think of the produce, if you like.

The purpose behind the new technology is to quicken FDA, USDA and CDC tracebacks of food poisoning when there are outbreaks of E. coli O157:H7, Salmonella, Listeria, Campylobacter and other human pathogens. As Layton reminds her readers, the need for better traceability became clear after a national Salmonella outbreak in spring 2008 sickened more than 1,300 people. Initially, investigators at the FDA and the CDC identified tomatoes as the culprit, and warned the public against consuming them. But more than a month later, FDA investigators correctly identified the source of the outbreak as peppers from Mexico. The delay was partly because of  poor record-keeping of the growers, distributors, wholesalers and retailers, FDA has said.

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 A growing Oklahoma Salmonella outbreak has drawn the interest of public health investigators, including epidemiologists in Iowa and Nebraska.The outbreak is centered in the Mustang School District in Oklahoma's Canadian County, where 12 elemetary-aged children at four schools have been infected with the same strain of Salmonella. Three adults outside Canadian County also are considered part of the outbreak, including one person hospitalized.

According to a front-page story about the outbreak in The Oklahoman newspaper, the communicable disease division director for the Oklahoma Health Department says work is still being conducted to determine the cause of the outbreak. "It's still too early in the investigation,'' said the director, Laurence Burnsed. Mr. Burnsed confirmed to the newsapaper that Oklahoma is monitoring the outbreak of a similar strain of Salmonella identified in Iowa and Nebraska. Those states are just reporting a couple of cases so far, he said.

In a letter to Mustang school parents, Deputy Superintendent Belinda Rogers said this week that the Salmonella outbreak is not necessarily related to food preparation, but no one has drawn conclusions yet about what is causing school children to get sick. 

A person infected with Salmonella  usually has fever, abdominal cramps, and diarrhea beginning 12 to 72 hours after consuming a contaminated food or beverage or coming into contact with the bacteria though other means, such as physical contact with the feces of infected animals or people. The illness usually lasts 4 to 7 days, and most persons recover without antibiotic treatment. However, the diarrhea can be severe, and hospitalization may be required. The elderly, infants, and those with impaired immune systems may have a more serious illness. In these patients, the infection may spread from the intestines to the blood stream, and then to other body  sites and can cause death unless the person is treated promptly with antibiotics. One of the long-term health risks of Salmonella infection includes reactive arthritis, or Reiter's Syndrome. About 10 percent of people with Reiter's Syndrome develop heart problems.

Law firm PritzkerOlsen, P.A., has years of experience representing victims of Salmonella and other foodborne illnesses. The firm is conducting its own investigation of the Oklahoma Salmonella outbreak and is providing free case consultations to families whose loved ones have been sickened. Our firm is currently litigating a Salmonella lawsuit and has represented scores of food poisoning victims over the years, collecting millions of dollars in damages for them.

PritzkerOlsen also is actively involved in various efforts to reduce the threat of foodborne illness in the United States, including calling for tougher food safety laws and enforcement. To contact a Salmonella lawyer, call 1-888-377-8900 (TOLL FREE) or complete the contact form on the side of this Web page.

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Goya Zapote, or frozen mamey fruit pulp, has been associated with a Typhoid Fever outbreak in California and Nevada.

This Goya mamey fruta pulp, also known as Sapote, is commonly used to make batido or licuado (milkshake or smoothie).

According to the Centers for Disease Control and Prevention (CDC), four confirmed cases of Typhoid Fever in Clark County, Nevada, carry the same matching strain of Salmonella Typhi as do three confirmed cases and two suspected cases in California.

Until further notice, the CDC is advising consumers not to drink or eat Goya brand frozen mamey fruit pulp, or zapote. Goya announced a recall of its 14-ounce packages of frozen mamey fruta pulp one day before the CDC published its typhoid fever outbreak investigation.

 Goya said its Mamey Pulp was distributed in the states of AK, AZ, CA, CO, HI, NM, NV, OR, TX, UT, and WA through retail stores. The product comes in a 14 ounce plastic package and is not marked with a lot number or expiration date. The UPC is 041331090803. 

Abogados at  Pritzker Olsen law firm are conducting their own investigation of this Zapote Typhoid Fever outbreak and they are preparing a possible Zapote lawsuit on behalf of victims. To contact the firm for a free case consultation, call 1-888-377-8900 (Toll Free) or complete the contact form on the side of this Web page.

Pritzker Olsen is one of the few law firms in the USA practicing extensively in the area of foodborne illness litigation and we have collected tens of millions for our clients.

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National food safety law firm Pritzker Olsen is urging the U.S. Senate to move ahead on law making that would given increased authority and resources to federal regulators in charge of protecting our food supply.

A continued increase in food recalls and an alarming string of illness outbreaks caused by E. coli O157:H7, Samonella infection and other pathogens should have been enough by now to compel action on the Food Safety Modernization Act introduced early last March by Sen. Dick Durbin, D-Ill. But nearly a year has gone by without meaningful followup.

• Authorize the FDA to order immediate, mandatory recalls.
• Allocate inspection resources based on the risk profile of food facilities or food.
• Improve the government's capacity to track and trace raw agricultural commodities.
• Empower FDA to suspend a food facility's registration.
• Require the enhancement of foodborne illness surveillance in conjunction with the Centers for Disease Control and Prevention.
• Give regulators more access to food company records in an emergency.
• Require new regulations on sanitary food transportation practices.

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A county press release says the virus currently affects 122 people ranging in age from Pre-Kindergarten  to adult. Although lab tests have not yet confirmed norovirus, the illness and how it spread is consistent with a norovirus outbreak. 

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Black pepper from two different suppliers to Daniele Inc. was contaminated with Salmonella, leading investigators to conclude now that pepper coatings are the probable cause of a nationwide salami Salmonella Montevideo outbreak.

The confirmation came from the Rhode Island Health Department. The two pepper suppliers -- Mincing Oversees Spice Company and Wholesome Spices -- imported black pepper from the same source.

“These recent findings show that black pepper used during the manufacturing process at Daniele was the likely source of this outbreak,” said Director of Health David R. Gifford, MD, MPH. “This outbreak only underscores the importance of closely monitoring food that is imported from other countries as they may not have the same food safety standards as we do.”

According to the Centers for Disease Control, a total of 207 individuals infected with a matching strain of Salmonella Montevideo have been reported from 42 states and District of Columbia since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AK (1), AL (2), AZ (5), CA (30), CO (4), CT (4), DC (1), DE (2), FL (3), GA (3), IA (1), ID (2), IL (11), IN (3), KS (3), LA (1), MA (12), MD (1), ME (1), MI (4), MN (4), MO (1), NC (9), ND (1), NE (1), NH (1), NJ (8), NM (2), NY (16), OH (9), OK (1), OR (9), PA (5), RI (2), SC (1), SD (3), TN (5), TX (7), UT (9), VA (1), WA (15), WV (1), and WY (2). 

Daniele, based in Pascoag, Rhode Island, has recalled 1.24 million pounds of its salami / salame products.

National food safety firm Pritzker Olsen is monitoring the outbreak and accepting cases from individuals who have been sickened. We have been in contact with victims in this outbreak and currently represent a Nevada woman who spent two weeks in the hospital in last year's pepper Salmonella outbreak linked to pepper grinder and packer Union International Food Co. in Union City, California.

We have years of experience and we are one of the few firms in the country practicing extensively in the area of food poisoning litigation. For a free case consultation call a Salmonella attorney at 1-888-377-8900 (Toll Free) or complete the contact form on the side of this Web page.

Salmonellosis is a bacterial infection causing extremely painful diarrhea that is often overcome by healthy adults with no treatment. But serious illness and death can result in young children, older adults and those who have weakened immune systems. A small percentage of cases also can result in long-term arterial problems that cause pain and disability.

In this outbreak, 26 percent of victims have been hospitalized.

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Health investigators have confirmed an Iowa Salmonella outbreak, but so far the outbreak has not been traced back to a common source.

The Iowa Department of Public Health announced the outbreak, saying it has confirmed 11 possible cases of illnesses belonging to the same strain of Salmonella Newport. Of the 11 patients, one person had secondary complications of Reiter's syndrome, or reactive arthritis.

This syndrome is rare in Salmonellosis but is more common in men, those with HLA-B27 and minorities. What is Reiter's syndrome? Many clinicians may remember the useful mnemonic "the patient can't see, can't pee and can't climb a tree" describing the symptoms of conjunctivitis, urethritis, and reactive arthritis. This is one more reason to prevent foodborne diseases.

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State and federal health officials have associated an Arizona ground beef Salmonella outbreak with fresh hamburger produced by Beef Packers Inc. of Fresno, California.

It is the second time this year that Cargill-owned Beef Packers has been tied to a ground beef Salmonella outbreak. The first one, announced in early August, sickened 39 people in 11 states and led to the recall of 825,769 pounds of ground beef.

The USDA Food Safety and Inspection Service (FSIS) announced late Friday the latest recall of 22,723 pounds of fresh ground beef distributed in Arizona through various retailers. The batch of tainted ground beef was made September 23, 2009, and all retail packages -- regardless of the store -- bear the USDA establishment number of EST 31913 on the USDA mark of inspection. 

Beef Packers sold the meat in 60-pound cases for repacking. The cases were marked "use/freeze by 10/11/09.''

So far, two cases of Salmonellosis in Arizona have been associated with the ground beef and the investigation is continuing.

The Arizona Department of Health Services notified FSIS of the situation and a joint investigation, including a traceback investigation that determined there is an association between the fresh ground beef products made by Cargill's Beef Packers plant in Fresno and two (2) illnesses reported in Arizona. The Salmonella Newport strain was isolated both from the patients and from ground beef produced by Est. 31913. They were also linked by their uncommon pulse-field gel electrophoresis (PFGE) pattern found in PulseNet, a national network of public health and food regulatory agency laboratories coordinated by the Centers for Disease Control and Prevention (CDC).

If you or a loved one has become ill after eating ground beef from USDA plant number 31913, see a physician immediately. For answers to legal questions, call a Salmonella lawyer at Pritzker Olsen Attorneys. We are a national food safety law firm currently representing a victim of the previous Beef Packers ground beef Salmonella outbreak.

We have collected millions of dollars for victims of food poisoning and are one of the few law firms in the country specializing in food poisoning litigation. Call our office at 1-888-377-8900 (Toll Free) or complete our online contact and information form on the side of this web page.

Our firm is dedicated to the prevention of foodborne illness outbreaks and we are actively supporting attempts in Congress to strengthen food safety laws in this country that are badly outdated. Salmonella infection is not to be taken lightly. It can be deadly, especially if contracted by a young child or an elderly person. And there are long-term health consequences that many people don't realize until a family member is victimized. 

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