Food Poisoning Law Blog

Federal investigators continue their investigation of the E. coli O157:H7 outbreak associated with consumption of raw Nestle Toll House cookie dough that has sickened at least 69 people in 29 states. The evidence implicating the cookie dough consists of both epidemiological and microbiological evidence.

According to the CDC:

In an epidemiologic study, ill persons answered questions about foods consumed during the days before becoming ill and investigators compared their responses to those of persons of similar age and gender previously reported to State Health Departments with other illnesses. Preliminary results of this investigation indicate a strong association with eating raw prepackaged cookie dough. Most patients reported eating refrigerated prepackaged Nestle Toll House cookie dough products raw.

In addition to this epidemiological evidence, FDA has uncovered microbiological evidence at the Nestle plant in Danville, Virginia. At least one unopened package of refrigerated Neste Toll House cookie dough that was at the plant tested positive for E. coli O157:H7, according to Nestle USA:

FDA has found and confirmed evidence of E. coli 0157:H7 in a retained production sample of 16.5 oz. Nestlé Toll House refrigerated chocolate chip cookie dough bar. The product has a day code of 9041 and a "Best before 10 JUN 2009" notation.

If you or a loved one has been diagnosed with E. coli O157:H7 after consuming Nestle Toll House cookie dough, contact our law firm regarding the evidence that can be used in a Nestle lawsuit. If you were sickened but did not have a stool sample tested, you may still have a case against Nestle if you have leftover cookie dough and it tests positive for the outbreak-strain of E. coli O157:H7. Contact our law firm for information regarding testing leftover cookie dough.

by Attorney Fred Pritzker

 

 A Wall Street Journal report says that inspection reports covering the past five years show that officials at Nestlé’s Danville, Va. plant, which manufactured the suspected E. coli O157:H7 tainted cookie dough, "refused to allow a Food and Drug Administration inspector to review consumer complaints or inspect its program designed to prevent food contamination." The FDA can only demand access to records if it shows “a reasonable belief” that the foods are a serious health threat.

This just goes to show how absolutely broken our food safety system is. The FDA does not even have authority to inspect a major food producing plant’s records. Thankfully, legislation currently being considered by Congress would strengthen food safety requirements for food producers, calling for them to keep more records, undergo more frequent and thorough inspections, and give the FDA access during inspections. Despite several recent national outbreaks that have sickened thousands, industry insiders made it clear that this legislation would be opposed by many in the food industry. The question that remains – how many people must get sick and die from the food they eat before the food industry acknowledges the system is broken? Hopefully Congress will decide that enough is enough and pass real food safety reform as soon as possible. 

Attorney Fred Pritzker has represented E. coli victims nationwide. If believe you are part of the Nestlé Toll House E. coli outbreak, contact Fred at 1-888-377-8900 (toll free) or by submitting our free consultation form.

Nestle Toll House cookie dough packages are printed with a warning against raw consumption of the product. In a press release, the founder and president of national food safety law firm Pritzker Olsen Attorneys explains the emptiness of the warning and calls on Nestle to immediately pay medical bills and lost wages for victims of the ongoing Nestle cookie dough E. coli outbreak.

MINNEAPOLIS, June 23, 2009 -- Pritzker Olsen Attorneys, a national food safety law firm with extensive experience in E. coli O157:H7 litigation, has called on Nestle USA to immediately pay the medical bills, lost wages and other expenses incurred by victims of the E. coli outbreak that state and federal health officials have associated with eating uncooked Nestle Toll House cookie dough.

Fred Pritzker, founder and president of the law firm, also said that Nestle will eventually be held accountable for full compensation to victims even though Toll House cookie dough packages carry a warning against eating the product raw. According to Consumer Reports, 39 percent of American consumers make a habit of eating cookie dough raw.

"It's a popular snack eaten from the package and no one knows that better than Nestle,'' Pritzker said. "A tidy little warning against eating raw dough won't get a company off the hook for selling food that is laced with a deadly pathogen.''

The Centers for Disease Control and Prevention (CDC) has reported that 70 individuals in 30 states have been diagnosed since March 1 with the outbreak strain of E. coli O157:H7, an organism that produces a powerful toxin that can cause severe illness and death. Thirty of the 70 victims have been hospitalized, including seven who have suffered hemolytic uremic syndrome (HUS), a dangerous complication that attacks a person's red blood cells and kidneys. Nestle has recalled ALL varieties of its refrigerated Toll House cookie and brownie dough and the CDC and U.S. Food and Drug Administration (FDA) have warned consumers not to eat or bake with the product.

"It is only fair that Nestle pay for the medical bills of its injured customers,'' Pritzker said. "The families deserve that peace of mind.''

He said other corporations involved in E. coli outbreaks have advanced medical expenses to those injured by their food products. "Corporate responsibility means taking concrete steps to right a wrong. It is time for Nestle to step up and guarantee that its Toll House cookie dough customers will not be stuck with hundreds of thousands of dollars in medical bills,'' he said.

Pritzker Olsen is one of the few law firms in the country practicing extensively in the area of foodborne illness litigation. The firm has recovered tens of millions of dollars for victims of food poisoning and it is involved in practically every major outbreak, including the peanut product Salmonella outbreak that sickened more than 700 people and killed nine late last year and early this year. PritzkerOlsen is representing the families of three women who died in the Salmonella outbreak and has filed a Salmonella wrongful death lawsuit against Peanut Corp. of America -- the company that federal officials have linked to the outbreak.

Currently, Pritzker Olsen is preparing information for a possible Nestle cookie dough lawsuit and it is doing some of its own investigating into the outbreak and product recall. Most of Nestle's Toll House cookie dough is produced at a factory in Danville, Virginia, where 550 people work. The plant also makes Buitoni refrigerated pasta.

To contact an E. coli  lawyer Pritzker Olsen, call 1-888-377-8900 (Toll Free) or contact us online by completing one of our forms for a free case consultation.

The U.S. Food and Drug Administration has awarded $1.05 million in grants to three states to increase laboratory testing capacity, including capacity for analyzing food and bacteria during outbreaks of foodborne illness.

The agreement  enhances federal and state cooperation and is designed to strengthen our national response to food emergencies, including outbreaks of E. coli O157:H7, Salmonella and other infectious diseases.

National food poisoning and food safety law firm Pritzker Olsen Attorneys is acutely aware of the importance state health departments play in tracking outbreaks of potentially deadly foodborne illnesses. In January of this year, it was Minnesota's health investigators who first tracked the cause of a 3-month-old Salmonella outbreak to peanut products from Virginia-based Peanut Corp. of America.

Pritzker Olsen represents the families of three women -- one from Ohio and two from Minnesota --   whose deaths were tied to the outbreak. The firm is one of  only a few in the country that practices extensively in the area of foodborne illness litigation and its lawyers have won millions of dollars for clients. To contact food poisoning lawyers at the firm, call 1-888-377-8900 (Toll Free) or write to us online for a free case consultation . 

The three states -- Arkansas, Wisconsin and Nebraska -- each receive $350,000 for Food Emergency Response Network (FERN) chemistry laboratories, the FDA said.

According to an FDA press release dated June 2, here are the highlights of each grant:

1. Arkansas – Arkansas Department of Health, Little Rock, Ark. The grant award will be used to increase the department’s ability to test for toxic and unknown substances in food products, provide regional support for national responses during food surveillance activities, increase state and local emergency response capacities and become more proficient in testing foods for toxic and unknown substances.
2. Nebraska – Nebraska Department of Agriculture, Lincoln, Neb. The award will enable analyses of foods and food products in the event redundancy or additional laboratory capacity is needed for chemical-related analyses.
3. Wisconsin – Wisconsin Department of Agriculture, Madison, Wis. The grant will provide for standing reserve capacity within the FERN for response to chemical-related analysis needs, or an event of such significance that it threatens the national food supply.

Alfalfa seeds from Italy have been associate with a multistate Salmonella Saintpaul outbreak. After preliminary epidemiology regarding the ongoing outbreak of illness from Salmonella Saintpaul in people who had eaten alfalfa sprouts was shared with the supplier of the seeds, the supplier made the decision to voluntarily withdraw certain alfalfa seeds from the market.  According to an FDA alert, the recalled alfalfa seeds include the following:

[Seeds] in 50-pound white bags that are either paper or woven from a synthetic material, and the lot numbers in question begin with “032,” followed by a hyphen and three more digits. The bags carry a computer-generated white or yellow label, on which is printed “Distributed by Caudill Seed Company., 1402 W. Main St., Louisville KY 40203” and the lot number.

CDC Alfalfa Sprouts Salmonella Outbreak Information

CDC is providing updated information on the alfalfa sprouts Salmonella outbreak.  Here is the most recent information from the CDC (last modified April 27):

Since mid-March, 35 persons infected with the outbreak strain of Salmonella Saintpaul have been reported from 7 states. The number of ill persons identified in each state is as follows: Michigan (17), Minnesota (4), Ohio (3), Pennsylvania (6), South Dakota (2), Utah (1), and West Virginia (2). Cases are still being reported, and possible cases are in various stages of laboratory testing, so illnesses may be reported from other states. No deaths have been reported.

FDA Recommendations for Growers and Retailers

The FDA alert to growers, retailers and other businesses regarding the alfalfa seed recall provides recommendations for businesses:

Retailers, restaurateurs, and personnel at other food-service facilities should ask their suppliers to verify that the alfalfa sprouts or seeds being provided do not come from an affected lot before buying or serving them. Suppliers who can verify that their products were not sourced from the affected lots may wish to notify their customers; likewise, retailers, restaurateurs, and food-service facilities who have verified the sources of their alfalfa products may wish to notify their customers.
Seeds from the affected lots, lot numbers beginning with 032, and sprouts grown from them, should be safely discarded, as should other products that contain the sprouts, such as sprout blends.

Growers who have used seeds from the potentially contaminated lots should clean all equipment and other surfaces that came into contact with them. They should also safely discard any water that came into contact with the sprouts, and disinfect receptacles or equipment that came into contact with the water.

FDA has long-standing guidance for the sprout industry and continues to urge growers to follow this guidance, which can reduce the risk of contamination with Salmonella and other bacteria (available on the FDA web site at http://www.cfsan.fda.gov/~dms/sprougd1.html). FDA also urges retailers to use sprouts obtained from growers who follow the FDA guidance.

FDA Warning to Consumers Not to Eat Raw Alfalfa Sprouts

Although the FDA, CDC and state and local health officials have found at least one source of the sprouts Salmonella, FDA has not revised its warning to consumers not to eat raw alfalfa sprouts:

The US Food and Drug Administration and the Centers for Disease Control and Prevention (CDC) recommend that consumers not eat raw alfalfa sprouts, including sprout blends containing alfalfa sprouts, until further notice because of a risk of Salmonella serotype Saintpaul contamination.  As soon as the source of the contamination is identified, FDA will work with the alfalfa sprout industry to help identify which alfalfa sprouts are not connected with this contamination. Other types of sprouts have not been implicated at this time.

Pritzker Olsen law firm is representing people sickened after eating alfalfa sprouts.  For more information about the legal implications of this alfalfa seed recall, please call 1-888-377-8900 (toll free) or submit the free consultation form. 

More information: Alfalfa Sprouts Lawsuit, Salmonella Lawyer, Food Poisoning Lawyer.

Pritzker Olsen law firm is representing people sickened in a mutistate Salmonella outbreak linked to raw alfalfa sprouts.

This outbreak continues to widen, and the FDA and CDC are recommending that consumers not eat raw alfalfa sprouts, including sprout blends containing alfalfa sprouts, which have been linked to widespread Salmonella serotype Saintpaul contamination. Other types of sprouts have not been implicated at this time.

According to an FDA announcement:

The investigation indicates that the problem may be linked to contamination of seeds for alfalfa sprouts. Because suspect lots of seeds may be sold around the country and may account for a large proportion of the alfalfa seeds currently being used by sprout growers, and cases of illness are spread across multiple states, FDA and CDC are issuing this general advisory.

FDA will work with the alfalfa sprout industry to help identify which seeds and alfalfa sprouts are not connected with this contamination, so that this advisory can be changed as quickly as possible.

CDC, FDA and state and local authorities in six states have associated this outbreak with eating raw alfalfa sprouts. Michigan, Minnesota, Pennsylvania, South Dakota, Utah, and West Virginia have reported 31 cases of illness with the outbreak strain of Salmonella Saintpaul to CDC. Most of those who became ill reported eating raw alfalfa sprouts.  Some reported eating raw sprouts at restaurants; others reported purchasing the raw sprouts at the retail level.

The illnesses began in mid-March. Cases are still being reported, and possible cases are in various stages of laboratory testing, so illnesses may appear in other states. No deaths have been reported. The number of infected people may be higher than currently reported because some illnesses have not yet been confirmed with laboratory testing.

The CDC and FDA recommend at all times that persons at high risk for complications, such as the elderly, young children, and those with compromised immune systems, not eat raw sprouts because of the risk of contamination with Salmonella or other bacteria. Salmonella is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy individuals infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses, such as meningitis and bone infections.

Initial investigation results trace the contaminated raw alfalfa sprouts to multiple sprout growers in multiple states. This suggests a potential problem with the seeds used, as well as the possible failure of the sprout growers involved to appropriately and consistently follow the FDA Sprout Guidance issued in 1999 http://www.cfsan.fda.gov/~dms/sprougd1.html. The guidance recommends an effective seed disinfection treatment immediately before the start of sprouting (such as treating seed in 20,000 parts per million Calcium hypochlorite solution with agitation for 15 minutes) and regularly testing the water used for every batch of sprouts for Salmonella and E coli O157:H7 contamination.

This outbreak appears to be an extension of an earlier outbreak in 2009. In February and March, an outbreak of Salmonella Saintpaul infections occurred in Nebraska, South Dakota, Iowa, Kansas, and Minnesota. This outbreak was linked to raw alfalfa sprouts, and the outbreak strain was indistinguishable from that of these recently reported cases.  A separate outbreak of Listeria monocytogenes infections was also linked to sprouts in 2009. In the 1990s, a number of outbreaks related to sprouts led FDA to issue its guidance. Experience over the past decade has shown that the likelihood of Salmonella in sprouts can be minimized when recommendations from FDA’s Sprout Guidance are followed.

Preventive controls are very important in the growing of alfalfa sprouts. FDA reminds sprout growers to be vigilant in their food safety practices and strongly encourages sprout growers to follow the Agency’s Sprout Guidance. Additionally, the United Fresh Produce Association has advised all of its members to follow FDA’s guidance on sprouts. FDA appreciates that the produce industry has reinforced this message and reminds retailers that it is prudent to sell sprouts from growers who follow FDA's recommendations.

There are a number of parties that may be liable for illnesses related to this Salmonella outbreak:

• The grower of the alfalfa sprouts
• The processor
• The distributor
• A restaurant, deli, cafeteria or other eating establishment

Many of the victims of this outbreak consumed the Salmonella-contaminated sprouts at restaurants.  Generally, restaurants are liable for any illnesses associated with their food, even if the the food was contaminated with Salmonella before it got to the restaurant.

Compensation for victims of Salmonella outbreaks may include the following:

• Medical Expenses (past and future)
• Lost income (past and future)
• Pain and suffering (past and future), including physical pain, suffering, emotional distress and disability

For more information and a free consultation, please contact our law firm: 1-888-377-8900 or submit our free consultation form.

 

A state health department has taken a firm stand against Peanut Corporation of America (pay attention FDA, and you might learn something). From a press release issued today by the Texas Department of State Health Services:

The Texas Department of State Health Services today ordered Peanut Corporation of America to recall all products ever shipped from its Plainview plant. The order was issued after dead rodents, rodent excrement and bird feathers were discovered yesterday in a crawl space above a production area during an in-depth DSHS inspection.

The inspection also found that the plant’s air handling system was not completely sealed and was pulling debris from the infested crawl space into production areas of the plant resulting in the adulteration of exposed food products.

DSHS also ordered the plant, which began operations in March 2005, to stop producing and distributing food products.  Though plant officials voluntarily stopped operations Monday night, the DSHS order prohibits the plant from reopening without DSHS approval.

State law allows DSHS to issue such orders when conditions exist that pose “... an immediate and serious threat to human life or health.”

Laboratory tests are being done on food and environmental samples from the plant, but DSHS officials said today’s orders are not contingent on finding Salmonella or other illness-causing organisms.

The orders were signed by DSHS Commissioner David Lakey, M.D.

Our only line of defense against companies like Peanut Corporation of America seems to be state departments of health.  The FDA has consistently put profits ahead of food safety.

We welcome your comments.  Do you think that the FDA is protecting your family from dangerous food products?

Jefferson County Department of Health and Environment (JCDHE) in conjunction with the Colorado Department of Public Health and Environment (CDPHE) is investigating a cluster of E. coli O157:H7 infections in 8 children, aged 4-12 years of age, in the Evergreen mountain area. 

The children contracted E. coli from July through October. Testing by the Colorado Public Health Laboratory has identified similarities in the specific strains of E. coli O157:H7 infecting several of the children, leading health officials to believe that the E. coli infections may be linked to a common source or exposure.  According to the Denver Post: 

State and local health officials are investigating possible sources of exposure, including deer and elk droppings, as well as common behaviors, activities, foods and drinks.

"We are doing a comprehensive investigation," said Gayle Miller, an epidemiologist with the Jefferson County Department of Health and Environment. "We don't have a smoking gun. We don't know yet what the source is."

All of the earliest affected children have fully recovered without complications. Two children who became ill in mid-late October required hospitalization in a Denver area hospital after developing hemolytic uremic syndrome (HUS), which can lead to kidney failure.  The Denver Post reported:

An 11-year-old girl has been in Children's Hospital since Monday, her grandmother said Thursday.

"She's doing better, but it has affected her kidneys," said the woman, who did not want to be identified.

Our law firm is currently representing E. coli victims who developed HUS.  To contact our law firm, please call 1-888-377-8900 or submit our online consultation form.

Health officials in southeast Iowa and neighboring Illinois have confirmed four cases of E. coli O157:H7, with the latest case confirmed by the Hancock County Health Department in Illinois on Thursday.

Health officials have not determined the source of the illnesses.

According to news reports from the area, two of the Iowa cases were confirmed in Lee County and a third was confirmed in Des Moines County. The most recent case was confirmed across the state line in Hancock County, Ill.

In the past few months there have been numerous E. coli outbreaks linked to beef products. A report issued last week by the U.S. Department of Agriculture (USDA)  has shown conclusively that there is a link between distillers’ grain  and the prevalence of E. coli in cattle. The grains, which are fed to some cattle, are a byproduct of ethanol production.

Snohomish County health officials are investigating at least 6 cases of E. coli that may be related.   According to the Seattle Times:

Dr. Gary Goldbaum says that while at least six cases have been confirmed, health officials still don't know what caused people to become ill.

The public heath agency alerted doctors Friday afternoon that it was investigating a possible cluster of E. coli cases.

A Washington E. coli outbreak in June was associated with lettuce.  That outbreak sickened at least 9 people.

 

Our law firm is representing several victims of a Texas Salmonella outbreak linked to The International House of Pancakes (IHOP) on Western Street in Amarillo, Texas.

Health officials have linked 25 cases of Salmonella poisoning to a September IHOP Salmonella outbreak and more than 100 to a June IHOP Salmonella outbreak.

Health officials determined that the source of the IHOP Salmonella outbreaks was a warming bath used to keep the syrup warm. Health officials found the outbreak-strain of Salmonella in a culture taken from the warming bath. Interviews with IHOP employees revealed that syrup pitchers were not rinsed, washed or sanitized before refilling, and some of the 25 people sickened in September outbreak were IHOP employees in charge of refilling syrup containers.

The troubled IHOP has been closed since September 17, but it may be opening soon. Health officials are requiring the IHOP to complete environmental testing for Salmonella along with 14 other measures before reopening.

 

Not surprisingly, Michigan agriculture officials have determined that iceberg lettuce associated with an E. coli outbreak that has sickened people in Michigan, Illinois, Ohio and Canada came from California, which produces the majority of the commercial lettuce in the United States.

The California lettuce was sold to Aunt Mid’s Produce Company, a Detroit firm, and possibly other distributors, who sold the lettuce to institutions and restaurants.

The outbreak first surfaced at Michigan State University and Lenawee County Jail. A Michigan State University student sickened by E. coli-tainted lettuce is suing Aunt Mid’s. Other lawsuits will follow. 

Our law firm is available to represent E. coli victims.  For information, please see Aunt Mid's lawsuit and University of Michigan and Michigan State University (MSU) E. coli lawsuit.

Health officials have found the source of the Amarillo, Texas IHOP Salmonella outbreak, the warming bath that the restaurant used to keep the syrup warm. Health officials found the outbreak-strain of Salmonella in a culture taken from the warming bath. Interviews with IHOP employees revealed that syrup pitchers were not rinsed, washed or sanitized before refilling, and some of the 25 people sickened in outbreak were IHOP employees in charge of refilling syrup containers.

The warm water bath in which the syrup pitchers soaked was an ideal growing environment for the Salmonella bacteria. The Salmonella in the water contaminated the outside of every syrup pitcher that soaked in the water. Employees and diners then touched the Salmonella on the outside of the syrup pitchers, and people became ill, some severely.

Our law firm, Pritzker Law, is representing some of the victims of this Salmonella outbreak linked to the Amarillo IHOP. To contact our law firm, please call 1-888-377-8900 (toll-free) or submit our online form for a free consultation.

News Source: KFDA-News Channel 10

The Michigan E. coli O157:H7 outbreak associated with iceberg lettuce distributed by Aunt Mid’s Produce Company has sickened at least 35 people in Michigan. At least 6 people in Illinois have also been sickened in this outbreak.

According to the Michigan Department of Community Health, some of the Michigan cases consumed shredded or chopped iceberg lettuce in restaurants or institutions purchased from Aunt Mid's Produce Company, a Detroit-based wholesale distributor. This is epidemiological evidence that associates Aunt Mid’s with the outbreak. 

The Michigan Depatment of Agriculture has been testing Aunt Mid's iceberg lettuce samples and Aunt Mid's processing facility. To date, the state tests have found no contamination of either Aunt Mid’s iceberg lettuce or Aunt Mid’s processing facility.

According to James McCurtis, a spokesperson for the Michigan Department of Community Health, Aunt Mid’s is still suspected because its lettuce is the only kind delivered to the Lenawee County Jail (5 inmates sickened) and the two restaurants in Illinois where the outbreak-strain of E. coli O157:H7 bacteria was also found.

Legally, an epidemiological association with an outbreak can be sufficient evidence to find liability. This is necessary in cases involving a perishable food product because by the time an outbreak is uncovered, perishable food items are often consumed. This is particularly true in the case of a perishable food product served at a restaurant or other food service facility.  In this case, the epidemiological evidence is supported by the finding of the outbreak strain of E. coli O157:H7 (microbiological evidence) at the Lenawee County Jail and the two restaurants in Illinois.

If you or your child has been sickened in the Michigan E. coli outbreak, it is critical that you contact an E. coli lawyer if you want to be compensated for medical expenses, pain and suffering and other damages. Liable parties could include farms, processors, distributors, a food service company, a restaurant and others. If you retain our law firm, we will immediately investigate your case.

Our law firm has a national reputation in this area, and we handle E. coli cases throughout the United States. We are currently handling a number of E. coli cases, including cases involving hemolytic uremic syndrome (HUS). To contact the firm, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our online consultation form for a free consultation.

The Illinois Department of Public Health (IDPH) has identified Aunt Mid’s Produce Company as the distributor of iceberg lettuce consumed by six Illinois residents during late August to mid-September who have been diagnosed with E coli 0157.

The Michigan Department of Community Health has also identified Aunt Mid’s Produce Company as one of the wholesale processors who sold institutional-sized iceberg lettuce to establishments which served 26 people who were diagnosed with the same strain of E coli.

IDPH is working with the Centers for Disease Control and Prevention laboratory to test persons suspected of being linked to this Illinois E. coli outbreak and to trace-back where the lettuce came from. Aunt Mid’s Produce Company has voluntarily suspended any processing and sale of its iceberg lettuce product line throughout the United States.

For information on the legal rights of E. coli victims, distributor liability and an Aunt Mid's lawsuit, please contact our law firm at 1-888-377-8900 or email attorney Fred Pritzker.

 

Last week a 3-year-old boy from Aurora, Colorado died after contracting an E. coli infection. The boy attended an unlicensed home daycare center in Aurora, Colorado. Health officials have focused their investigation on the home daycare center, which has been closed.

According to KWGN out of Denver, health officials have confirmed that another child who attended the home daycare center has an E. coli infection:

Dr. Richard Vogt, executive director of Tri-County Health, said a positive test culture came back taken from a 1-year-old girl. The bacterial illness killed a 3-year-old boy last Friday. Health officials traced the cause back to a daycare the toddler attended. Since then health workers have taken samples from every child who attended the center.

Health officials have not found the source of these illnesses, but according to the KWGN news report, health workers believe the E. coli outbreak originated from food served at the daycare center. The news report suggests that the source may be “spoilt” food, but that wording is not quite accurate. E. coli contamination does not happen when a food spoils; it happens when fecal matter with E. coli in it gets on or in the food. Spoilage might suggest simply that the E. coli bacteria had more time to colonize.

The Aurora, Colorado daycare may have violated state laws, according to the same KWGN report:

Arapahoe County Human Services have issued a cease and desist order to the operator of the daycare. It was estimated that 21 children attended the daycare on and off. That swollen number broke state laws which state an unlicensed daycare can only take care of relatives and two additional children. Vogt said given the investigation, it is very doubtful that this operation would ever be allowed to operate again.

This appears to be a case where issues of gross negligence need to be explored by an E. coli lawyer. If you would like to contact a lawyer at our law firm, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our online form for a free consultation.  We have experience with daycare liability.

The E. coli outbreak associated with a barbecue benefit for volunteer firefighters in Forest Ranch, California has sickened at least 21 people, according to health officials. Four people were hospitalized, one of them a six-year-old girl.

This little girl is fighting for her life at the U.C. Davis Medical Center in Sacramento after developing hemolytic uremic syndrome (HUS), a condition that is usually caused by E. coli O157:H7. HUS is the leading cause of kidney failure in children in the United States, and it can also cause damage to other organs, including the brain.

HUS can cause life-long illness, and patients may need future surgeries and other medical care. These future medical expenses and the future pain and suffering need to be considered when seeking compensation from responsible parties. Contact attorney Fred Pritzker for more information. Fred is representing E. coli victims who have developed HUS and has years of experience in this area.

To learn more about the struggle of this six-year-old, please see the following news report on the KHSL-TV Web site.

Saturday, September 13, 2008, the community of Forest Ranch, California gathered for a benefit barbecue for volunteer fire Station 24 and Station 23. What attendees did not know was that deadly E. coli bacteria had contaminated some of the food. According to Butte County health officials, at least 13 people were sickened, 4 of them seriously. 

Two people are still hospitalized, one of them a child. E. coli infections can lead to hemolytic uremic syndrome (HUS), a severe illness that can cause kidney failure, pancreatitis, brain damage and damage to other organs. We are representing E. coli victims who developed HUS and have recently recovered compensation for families of E. coli victims who died after developing HUS. Attorney Fred Pritzker recently spent two days in an intensive care unit with a family whose loved one was in a HUS-associated coma.

Most of the E. coli outbreaks in the last several months have been linked to beef products. One of the outbreaks was linked to beef tri-tip. One of the food items served was beef tri-tip sandwiches. Health investigators have not yet associated this outbreak to the beef tri-tip sandwiches or any other food source. Interviews and tests should shed light on what caused this outbreak. If the beef tri-tip is the source of the E. coli outbreak, the processor, distributor and retailer of the meat may be liable for any injuries caused by the contaminated meat. Contact attorney Fred Pritzker for more information about liability for E. coli-associated illness.

The following is an upbeat report of the benefit barbecue in Forest Ranch found on the Forest Ranch Community Association Web site that is dated September 19, 2008, days before health officials reported the E. coli outbreak associated with the event:

Saturday morning, the air was filled with anticipation as members from the community and Station 24 and Station 23 came together to set up for the Benefit BBQ. . . Inside Station 24, members of the Women's Club were arranging pies, cakes, cookies. . . Members of Mountain Joy Bible Fellowship were busy in the kitchen getting the food ready for the day. Many folks who came enjoyed the Tri-tip sandwiches, hot dogs, chili, BBQ Chicken Breast, veggie burgers and salad. The magic hour of noon came and the event was on underway.

With the Butte County Health Department, we encourage people to wash their hands to help prevent secondary spread of E. coli.

According to news reports, health officials in Butte County, California have associated an E. coli outbreak in Forest Ranch, CA with a fundraiser that was held in Forest Ranch earlier this month.

At least 4 people contracted E. coli infections after attending the fundraiser, which was held to raise money for a volunteer fire station in Forest Ranch.

If you have questions about E. coli, please contact attorney Fred Pritzker at 1-888-377-8900 (toll-free) or fhp@pritzkerlaw.com.

As part of the investigation into the E. coli 0111 outbreak linked to the Country Cottage restaurant in Locust Grove, Oklahoma, the Oklahoma State Department of Health (OSDH), the Tulsa Health Department, and a team from the federal Centers for Disease Control and Prevention are investigating an event catered by the Country Cottage restaurant at the Bethany Free Will Baptist Church in Broken Arrow, OK on Aug. 16. According to the OSDH, about 250 persons attended the event. At least 30 of the attendees have reported illness with diarrhea and other symptoms. According to news reports, one attendee at the event (an annual ladies’ tea) has been diagnosed with E. coli.

The number of confirmed cases of E. coli 0111 associated with the Country Cottage continues to grow. OSDH reports that at least 291 persons have confirmed cases of E. coli 0111. Of that number, 227 were adults and 46 were children; the ages of 18 cases have not yet been identified. One person has died.

At least 67 persons have been hospitalized, including 16 who have received dialysis treatment after developing hemolytic uremic syndrome (HUS), which can cause E. coli-associated kidney failure. Of that number, nine were children and seven were adults.

We are representing a victim of this Oklahome E. coli 0111 outbreak and her family. The victim is a toddler who developed hemolytic uremic syndrome (HUS). To contact us about a Country Cottage lawsuit, please call 1-888-377-8900 (toll-free), e-mail attorney Fred Pritzker, or submit our online form for a free consultation.

According to the Oklahoma State Department of Health (OSDH), at least 231 persons have become ill as the result of an E. coli 0111 outbreak in northeastern Oklahoma that has been linked to the Country Cottage restaurant in Locust Grove, Oklahoma. Of that number, 185 were adults, 43 were children and the ages of three cases have not yet been confirmed.

At least 61 persons have been hospitalized including 16 who have received dialysis treatment due to the development of hemolytic uremic syndrome (HUS). Of that number, nine were children and seven were adults.  One 26-year-old man died.

The OSDH cautions that the number of reported cases and hospitalizations associated with the outbreak are likely to change as the investigation continues.

The source of the outbreak has not been found. Laboratory analysis of the restaurant’s well water found no E. coli 0111 bacterium. Laboratory analysis of environmental samples taken from the restaurant indicated no disease-causing pathogens were found on the restaurant’s surfaces. Laboratory analysis of food samples from the restaurant is continuing.

“We found no firm evidence of E. coli 0111 on food preparation and serving surfaces,” said State Epidemiologist Dr. Kristy Bradley. “I would caution, however, that it is very challenging to go to the scene of a food-borne illness outbreak and try to retrieve an organism from surfaces that may have been cleaned since any contamination took place.”

“It is possible that any environmental contamination was not widespread in the restaurant, so our epidemiological investigation will continue to focus on what foods may have been contaminated and caused persons to become ill,” Bradley said.

E. coli 0111 was identified from laboratory specimens of patients sickened by the outbreak.

Our law firm has been contacted by families of victims of this outbreak.  To contact us for a free consultation, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our online form.

Sprouters Northwest, Inc. of Kent, Washington has recalled alfalfa sprouts, onion sprouts, and salad sprouts because they may be linked to a recent Salmonella Typhimirium outbreak in Oregon and Washington State. To date, 13 cases of Salmonella Typhimirium infection have been associated with the consumption of raw alfalfa sprouts.

The recalled sprouts are Sprouters Northwest brand and include all lot numbers with a best by date of 9/17/08 or earlier of: 5oz alfalfa sprout cups UPC - 033383701417, 4oz alfalfa clamshells UPC-815098001088, 1lb bags of alfalfa sprouts UPC - 079566123508, 2lb trays of alfalfa sprouts UPC – 079566123492, 5oz salad cups UPC - 033383702674, 4oz salad clamshells UPC - 815098002061, 5oz alfalfa onion sprout cups UPC - 033383701905, and 4oz onion sprout clamshells UPC – 815098002054.

The recalled sprouts were distributed in Washington, Oregon, Idaho, and Alasks in retail stores and through wholesale produce suppliers.

Salmonella Typhimirium can cause serious and sometimes fatal infections in young children, frail or elderly people and others with weakened immune systems. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e. infected aneurysms), endocarditis (swelling of the lining of the heart) and Reiter's syndrome.
 

Many of the persons who were hospitalized as a result of the Oklahoma E. coli O111 outbreak have recovered and are being released from area hospitals. State health officials believe the total number of persons hospitalized at the peak of the outbreak exceeded 50; about 27 are currently hospitalized.

At least 206 persons have become sick as a result of the outbreak including 149 adults, 53 children, and four whose ages have not yet been confirmed. Cases range in age from 2 months to 88 years. One person has died.

The Oklahoma State Department of Health (OSDH) investigation is focused on the Country Cottage restaurant in Locust Grove, OK. Most of the people who became ill reported eating at the restaurant from Aug. 15 through Aug. 23. The 26-year-old man who died in this outbreak also reportedly ate at the Country Cottage before becoming ill. 

Health officials have not found the source of the outbreak.  As OSDH officials continue their investigation of this outbreak, they are sampling and testing food preparation and serving surfaces in the Country Cottage restaurant for any E. coli 0111 contamination. They are also still interviewing people who may have eaten at the restaurant from Aug. 15 through Aug. 23.

OSDH did not find E. coli in the restaurant's well water, which means the source of the outbreak was most likely a food item.

The federal Centers for Disease Control and Prevention (CDC) has notified the Oklahoma State Department of Health (OSDH) that it has identified E. coli 0111 from laboratory specimens CDC has analyzed as part of the ongoing investigation into the diarrheal illness outbreak in northeastern Oklahoma linked to the Country Cottage restaurant in Locust Grove, Oklahoma.

According to the OSDH, at least 116 persons have become ill as a result of the E. coli 0111outbreak, including 87 adults and 29 children.

“This is a rare type of E. coli that is not normally found in an outbreak this large,” said State Epidemiologist Dr. Kristy Bradley.

According to health investigators, most of the people sickened in this E. coli 0111 outbreak ate at the Country Cottage restaurant during the time period of August 15 through August 23. The OSDH has not found the source of this Oklahoma E. coli outbreak. Legally, even if a specific source is not found in an outbreak linked to a restaurant, that does not prevent those sickened from seeking compensation for medical expenses, pain and suffering, lost income and other damages from the restaurant.  Contact our law firm about restaurant liability. To contact the firm, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our online form for a free consultation.

The Oklahoma State Department of Health has reported that the outbreak that has resulted in one death and dozens sickened is an E. coli outbreak. The Oklahoma State Department of Health's public health laboratory found "a type of E. coli bacteria" in 10 patient specimens tested. (Update: On August 29, 2008 the Oklahoma State Department of Health reported that the E. coli involved in this outbreak is 0111 and that 116 persons have been sickened in the outbreak.)

Four children sickened in this Oklahoma E. coli outbreak have developed hemolytic uremic syndrome (HUS).  Three of those children are on dialysis.

We are representing people who contracted E. coli infections after eating at restaurants. One person we are representing developed hemolytic uremic syndrome and is in a coma.  Attorney Fred Pritzker spent two days in the intensive care unit with the family.

Antibiotics and anti-diarrheal medicines are not recommended for treating E. coli. Research has shown that antibiotics and anti-diarrheal medicines can lead to the development of hemolytic uremic syndrome.  Although the CDC has issued a warning to medical professionals regarding this, we have been contacted by people who have been prescribed these medications when they presented to a doctor with the symptoms of an E. coli infection.

For information about E. coli lawsuits, restaurant liability, or any other legal help, please contact our law firm: 1-888-377-8900 (toll-free) or email Fred Pritzker, managing attorney for our E. coli litigation cases.

A 26-year-old newlywed from Pryor, Oklahoma died on Sunday from what appears to be an E. coli O157:H7 infection.  (Update: On August 29, 2008 the Oklahoma State Department of Health reported that the illnesses are E. coli 0111 infections.) As a law firm that practices in the area of E. coli litigation, we feel that we have a responsibility to do our part to make people aware of the dangers of E. coli and to advocate for food safety. That is why we started this blog.

When someone dies from the complications of an E. coli infection, we think people need to know. The young man who died, a gospel singer, was a husband (for only a few months), son and friend, and he died of a preventable illness. Although health investigators may never find the source of the E. coli that killed this young man and sickened over 30 other people, E. coli contamination is always the result of unsanitary practices that lead to feces (usually cattle feces) getting into food or water.

If you follow the links above, you will meet a young man with talent and a bright future. We urge you to take action and contact your federal legislators:

• Tell them that they need to quit just talking about food safety and do everything possible to eliminate E. coli from the food chain. 
• Tell them either to create one, well-funded food safety agency, or to give the USDA (meat regulation) and the FDA (non-meat food product regulation) the authority and funds needed to keep our food safe.
• Send them to the links above, to Eric's Echo and to Safe Tables Our Priority, and tell them to meet some of the people whose lives were cut short by E. coli.

Although the name of the man from Oklahoma who died is in news reports, we have withheld his name from the content of this post out of respect for the family.

One person in Oklahoma has died from what appears to be E. coli food poisoning. At least 14 others have been hospitalized with symptoms of E. coli. The Oklahoma State Department of Health is also investigating at least 20 other cases of diarrhea that may be E. coli.  A large majority of the people sickened ate at the Country Cottage restaurant in Locust Grove, Oklahoma, according to the Oklahoma State Department of Health.

This situation is tragic for everyone. The culprit in this case may be beef. Millions of pounds of beef products have been recalled recently, most if it by one processor, Nebraska Beef, Ltd., a company with a history of sanitation violations.

Although beef is the most common source of E. coli outbreaks, other foods can be the source of E. coli infections, including but not limited to leafy greens and unpasteurized apple cider and milk.

One of our recent E. coli wrongful death cases involved spinach. Another E. coli wrongful death case our law firm is handling involves a restaurant where a goat was slaughtered in the restaurant kitchen.

Legally, E. coli outbreaks involving restaurants can lead to a finding of liability on the part of the restaurant, a distributor, a processor and/or others. We investigate all possibilities and thoroughly discuss the options with our clients. Our goal in all of our E. coli cases is to recover compensation for our clients.  

E. coli victims may seek compensation for medical expenses, loss of income, pain and suffering and other damages.  In E. coli wrongful death cases, family members receive any money recovered in a settlement or jury verdict. These cases are governed by specific wrongful death laws. In cases involving sickness but not death, family members may also recover amounts for losses suffered, including but not limited to loss of income and loss of consortium. It is important to hire an E. coli lawyer who will take the time to listen to the victim and the victim's family and be able to communicate the extent of the losses to a judge and jury.

Our thoughts and prayers are with the victims of this Oklahoma E. coli outbreak and their families. If you would like a free E. coli litigation consultation, please contact our law firm:

• Call 1-888-377-8900 (toll-free) and ask to speak to one of our lawyers, all of whom have E. coli litigation experience
• Email our lawyers
• Submit our online form for a free E. coli litigation consultation

 

 The USDA’s Food Safety Inspection Service (FSIS) has determined that the production practices employed by Nebraska Beef, Ltd., on June 24 were insufficient to effectively control E. coli O157:H7. According to FSIS, the products subject to the expansion may have been produced under insanitary conditions. Nebraska Beef, Ltd. has expanded its August 8 recall of beef products to 1.36 million pounds due to possible contamination with E. coli O157:H7. According to the USDA-FSIS announcement:

The total amount of product subject to recall is approximately 1.36 million pounds. The expansion of approximately 160,000 pounds and the clarifying information include:

• Primal cuts, subprimal cuts and boxed beef produced on June 24, whose shipping containers and labels bear the establishment number "EST. 19336" inside the USDA mark of inspection and the company name "Nebraska Beef Ltd" The products may or may not bear a green sticker.
• Primal cuts, subprimal cuts and boxed beef produced on July 8, whose shipping containers and labels bear the establishment number "EST. 19336" inside the USDA mark of inspection, the company name "Nebraska Beef Ltd." as well as a 2-inch plain, circular green sticker on one side of the shipping box.

This recall is an expansion of the recall that was prompted by an E. coli outbreak linked to Nebraska Beef and Coleman Natural Foods that has 31 confirmed cases on 12 states and Canada.  We have filed a lawsuit against Nebraska Beef and are representing several families. For a free E. coli case review, please contact attorney Fred Pritzker, managing partner for our E. coli litigation practice: 1-888-377-8900 (toll-free) or fhp@pritzkerlaw.com

 

 

 An E. coli outbreak that has sickened people in at least 12 states and Cananda has been associated with Nebraska Beef, Ltd. beef products that were sold under the Coleman brand.  As a result, Nebraska Beef recalled 1.2 million pounds of ground beef.

We have contacted a number of the states involved in this outbreak, and the investigation is ongoing.  To date, states involved in this outbreak include the following: California, Colorado, Connecticut, Idaho, Illinois, Massachusetts, New Jersey, New Mexico, New York, Ohio, Pennsylvania and Virginia.

Nebraska Beef produced the recalled products on June 17, June 24 and July 8, 2008. The shipping containers and product labels bear the establishment number “EST. 19336” inside the USDA mark of inspection as well as the brand “Coleman Natural.” However, these products were sent to establishments and retail stores nationwide for further processing and will likely not bear the establishment number “EST. 19336” on products available for direct consumer purchase.

On July 3, Nebraska Beef recalled 5.3 million pounds of beef manufacturing trimmings and other products intended for use in raw ground beef produced between May 16 and June 26. This recall also involved some Coleman brand products.   This recall was prompted by an E. coli outbreak that sickened people in Georgia, Indiana, Kentucky, Michigan, New York, Ohio, and Utah. Read more about the previous Nebraska Beef recall.

We have filed a lawsuit against Nebraska Beef.  Read more about the Nebraska Beef lawsuit.

S&S Foods LLC., a California company, is recalling approximately 153,630 pounds of frozen bulk ground beef because the beef may be contaminated with E. coli O157:H7. 

The recalled ground beef was sold in 30 pound boxes and was intended for food service and institutional use. The frozen, bulk ground beef was shipped to distribution centers located in Milwaukee, Wisconsin and Allentown, Pennsylvania.

Some of the ground beef has been linked by DNA fingerprinting to an E. coli outbreak at Goshen Scout Reservation in Virginia, according to a story in the Wall Street Journal that included statements by Laura Reiser, the U.S. Department of Agriculture's Food Safety and Inspection Service agency spokeswoman:

Reiser said the only known E. Coli cases connected to the meat are from the camp. State health officials said there are 25 confirmed cases among people who attended camp between July 20 and 26. Two campers who attended last week were also infected, and more than 80 people have shown symptoms since the outbreak, said Christopher Novak, an epidemiologist with the Virginia Department of Health.

At least one Scout, a Northern Virginia resident, remains hospitalized with hemolytic uremic syndrome, a complication that can occur when the E. coli toxin enters the bloodstream and that can lead to kidney failure, Novak said.

A box of meat from the Goshen Scout Reservation, near Lexington, had an "establishment number" corresponding to an S&S plant, Reiser said, and E. coli in the meat has been genetically matched to bacteria found in samples taken from some campers. That and other evidence led the agency to recommend the recall, Reiser said.

"Virginia tested products and provided us the information, and then we have our illness investigation, and between all that, we can say, 'Yes, these illnesses [at Goshen] are associated with this product," Reiser said.

J. Michael McMahan, an environmental health supervisor with the state Health Department, said Virginia health officials obtained the box of meat July 28, one day after the department first received reports of ill campers.

In this case, we got extremely lucky that we got a box of product left we could test," McMahan said. "That's really fairly unusual in an outbreak."

The contaminated meat went from the hands of S & S Foods, a California company, to Cargill, a Minnesota company, to a single food service customer, whose name was not released by Cargill. The food service provider for Goshen Scout Reservation was Sodexo, a worldwide food service provider.

The contaminated meat traveled from California to Virginia and landed in meals eaten by boy scouts, 25 of whom have confirmed cases of E. coli O157:H7. One scout is still in the hospital and has developed hemolytic uremic syndrome.

A Nebraska E. coli outbreak has been associated with pork sandwiches eaten at a community event. 

According to the Four Corners Health Department:

5 laboratory confirmed cases of E. coli have been reported, with the sickened individuals having attended a common event held in York.  Of the 5 confirmed cases, 2 required hospitalization, no one died.

Vicki L. Duey, Executive Director of the Four Corners Health Department explains that “we are focusing on an event where barbeque pork sandwiches were eaten. There is no evidence at this time to relate these illnesses to food served by a restaurant or licensed caterer.” She reports investigators have interviewed 70 people who ate food from the event. “Twenty-eight have indicated they fell ill after consuming a barbeque pork sandwich, including the 5 confirmed cases, with the individuals becoming ill sometime between July 18 and July 26. The food preparation process may have contributed to the contamination. Because there have been no other related E. coli cases in the region, officials are focusing on this one time event.  The investigation continues.” 

The people sickened in this outbreak should have their medical expenses paid and be compensated for their injuries.  In this case, the responsible parties may include:

• The organization that sponsored the event
• The organization that sold the pork sandwiches
• The retailer who sold the pork
• The distributor who supplied the pork to the retailer
• The processor who processed the pork

If you have questions about compensation for E. coli victims, please contact our law firm: call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our Free E. coli case review form.

E. coli outbreaks linked to raw milk can be caused by unsanitary conditions that exist during the milking process.  An example of this is a 2005 E. coli outbreak linked to raw milk from a farm in Washington State. The outbreak-strain of E. coli O157:H7 was found in the farm’s raw milk and in environmental samples, including "seven environmental samples collected from the floor of the farm milking parlor," according to a CDC report on the outbreak.

Unsanitary conditions were found at the farm by state health officials investigating the outbreak:

During inspections of the farm, officials from the Washington State Department of Agriculture (WSDA) noted mud and manure accumulation in the entrance to the milking parlor and on the rubber mats covering the dirt floors of the parlor. The bucket used for milk collection had direct contact with these surfaces. Inspectors also noted inadequate hand-washing facilities and improper procedures for cleaning milking equipment and handling fresh milk.

It is critical that farmers supplying raw milk for human consumption keep milking areas impeccably clean.  If not, people may get sick.  And when elderly people and children end up on dialysis and fighting for life because they consumed raw milk, the farmers who didn't take the time to clean up the milking area should compensate those sickened and their families.

Three more people have tested positive for E. coli in Nebraska, according to an Associated Press story.  This brings the total number of Nebraska E. coli cases to five.

Health officials are still investigating the outbreak, but according to the AP story:

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 slow investigation of the FDA and other government agencies in the nationwide Salmonella Saintpaul outbreak has pressured lawmakers and the food industry into updating its record-keeping system.  An electronic tracing system would help to quickly identify the source of outbreaks like the Salmonella outbreak that has sickened over 1200 people this summer.

According to The San Francisco Chronicle,

The food industry pressured the Bush administration years ago to limit the paperwork companies would have to keep to help U.S. health investigators trace produce that sickens consumers, according to interviews and government reports.

The White House also killed a plan to require the industry to maintain electronic tracking records. Companies complained the proposals were too burdensome and costly, and warned they could disrupt the availability of consumers' favorite foods - especially fresh produce.

Representative John Dingell (D-Michigan) claims that the food industry has brought trouble upon itself.  The “successful” lobbying effort to halt regulations requiring a better record-keeping system has backfired, slowing down investigators and costing businesses and growers approximately $250 million.  According to William Hubbard, a former FDA associate commissioner, “If the FDA had been given the resources and authority years ago that it requested to solve these kinds of problems, I think we would have solved this already.”

The search for the source of the outbreak was long and arduous, to an extent that Congress is holding a hearing to investigate why it took so long to get any real answers.  Although an electronic tracking system would have expedited the investigation, there are already supposed to be measures in place to help with these types of investigations.  The Public Health Security and Bio Terrorism Preparedness and Response Act of 2002 already requires the food industry to keep records so that food can be traced.

Frank Pecarich at the California Progress Report writes that,

In Congress, a leading advocate of food industry safety reforms said the industry would do well to listen to consumers on the need for tracing. "We live in an age of technology where you can bar-code a banana," said Sen. Dick Durbin, D-Ill. "We've got to work this through with the industry and come up with something that's reasonable. The more confidence consumers have, the more goods they will purchase."

It’s about time that the industry changes its views on a better record-keeping system.  After the devastating losses of the Salmonella Saintpaul outbreak, the system is a logical choice.  The industry, working with Congress and food safety agencies, can do a lot better to make sure that future outbreak investigations go quickly and smoothly, minimizing damage to the economy and to the industry, all while protecting the health of America.

Now that the FDA has discovered a jalapeno that tested positive for the strain of Salmonella Saintpaul that has sickened over 1200 people across the country, the tomato industry is seeking compensation for losses incurred by the outbreak. Investigators originally thought that tomatoes were the source of the outbreak, but no tests ever came back positive for the outbreak strain.  The FDA lifted its advisory on tomatoes, but still maintains that tomatoes may be linked to the outbreak.

According to The Wall Street Journal, Representative Tim Mahoney (D-Florida), has introduced a bill to the House of Representatives that would compensate the tomato industry $100 million, in a way similar to that of disaster assistance.  The amount is based on the number of tomatoes thrown out by retailers and lower market prices during the period that the FDA warned consumers against eating raw tomatoes.  Even though restaurants dumped tomatoes and many consumers refused to eat them, the number of Salmonella cases continued to grow. The FDA now advises against eating raw jalapenos.

According to The Wall Street Journal,

Consumer advocates oppose the bill. Sarah Klein, a staff attorney at the Center for Science in the Public Interest, said the food-industry lobby over the years has weakened federal food-safety oversight, and consumers shouldn't foot the bill now. "We'd like to see the industry focusing on how to prevent these outbreaks for the future to protect consumers and their bottom line," she said.

The bill is being processed in the House of Representatives, with no similar legislation in the Senate.  There is also a time crunch with the coming election in November.  Last year, the House denied a similar bill, one seeking compensation for the spinach industry after the 2006 E. coli outbreak linked to fresh spinach.  The viability of the current bill remains uncertain.

The FDA needs to get some training from the Minnesota Department of Health. 

The Salmonella Saintpaul outbreak that the FDA initially traced to tomatoes has 1279 confirmed cases to date. People started getting sick in April and the numbers have continued to climb fast.  The FDA started looking at other foods as the possible source of the outbreak, but the investigation was going nowhere until people from Minnesota got sick and the Minnesota Department of Health got involved.

According to a story in today’s StarTibune by Josephine Marcotty and Maura Lerner, the Minnesota Department of Health traced the source of the Salmonella Saintpaul outbreak to jalapeno peppers in less than two weeks:

Minnesota health officials first learned of a salmonella outbreak in the state on June 23. By July 9, they were on the phone with their federal counterparts making it "crystal clear" it was not tomatoes but jalapenos that were the likely source, said Kirk Smith, head of foodborne diseases at the Health Department.

Smith said that by mid-June, federal investigators already had begun to think tomatoes were not the sole culprit.

Food and Drug Administration (FDA) officials still have not completely ruled out tomatoes. Data indicate jalapeno peppers caused some illnesses but not all, said FDA spokesman Mike Herndon in an e-mail interview.

In Minnesota, the break came when 27 people who ate at the same Twin Cities restaurant fell ill from the exact rare salmonella strain in the national outbreak.

On Monday, federal officials said they found the same strain on a jalapeno pepper in a giant produce warehouse in McAllen, Texas -- the same warehouse identified by Minnesota investigators weeks ago.

"What happened in Minnesota should be the norm," said Mike Osterholm, University of Minnesota foodborne illness expert and an adviser to state and federal health agencies. "They did it quickly and they did it effectively and they were able to trace back what nobody else was able to trace back."

Read the full story, “'Team Diarrhea' helped state crack salmonella case.”

Four people have fallen ill in Connecticut after consuming raw milk that may have been contaminated with E. coli. The raw milk was produced by the Town Farm Dairy in Simsbury, Connecticut, and the farm has since stopped the production and sale of all milk products.  Investigators say that drinking raw milk from Town Farm Dairy was a common link.

Unlike pasteurized milk, raw milk has not been treated to kill harmful bacteria such as E. coli and Listeria monocytogenes.  Currently, 21 states require that all milk products for sale be pasteurized, while 25 allow the production of raw milk.  However, federal regulations by the FDA require that all milk products produced for interstate sale be pasteurized.  According to courant.com, Connecticut allows the sale of raw milk, but it must be labeled saying that the product contains “organisms that may be harmful to human health.”

Town Farm Dairy was originally shut down by its owner in 2003, but was reopened recently by a group known as Friends of Town Farm Dairy.  The farm is also the only one in the state of Connecticut that is a certified organic dairy farm that has retail and wholesale distribution.  The group running the dairy had hired farmers to run daily operations, but the farmers left July 1, leaving the group’s board members and volunteers to operate the farm. The milk was purchased with sell-by dates of June 24, July 4, and July 16, which was during the transition period of the farmers leaving.  The timing of the outbreak questions whether or not enough attention was being paid to the safety of the dairy products during the transition.

For information on legal representation, please contact our law firm:

• 1-888-377-8900 (toll-free)
• Email our lawyers (the messages in this account are reviewed by our lawyers)
• Submit our E. coli case review form (this form is reviewed by our lawyers)

Updated CDC information on the multistate outbreak of E. coli now includes the state of Utah and more confirmed cases in Georgia.  The outbreak now has affected 7 states: Georgia (4 cases), Indiana (1), Kentucky (1), Michigan (20), New York (1), Ohio (21), and Utah (1).  The illnesses began between May 27 and July 1, 2008, resulting in 27 hospitalizations and one case of a type of kidney failure caused by E. coli known as hemolytic uremic syndrome (HUS).

Investigators first traced the outbreak strain to contaminated ground beef purchased at Kroger retail stores located in Michigan and Ohio. Kroger has recalled all of its ground beef products that may have been contaminated.  Kroger’s supplier was then found to be Nebraska Beef, who originally recalled 531,707 pounds of ground beef on June 30, but then expanded the recall on July 3 to include approximately 5.3 million pounds of ground beef components produced between May 16 and June 26.

The cases in Georgia were traced back to the Barbecue Pit restaurant in Moultrie, Georgia, which also had used ground beef components from Nebraska Beef. 49 confirmed cases have been linked to the outbreak, with Nebraska Beef as the common denominator for supplying contaminated ground beef components.

The CDC has reported that one case in Georgia is now part of the multi-state E. coli outbreak that has been linked to Kroger ground beef and Nebraska Beef, Ltd. ground beef components.  The first cases reported in this outbreak were in Michigan and Ohio.  On July 15, the CDC reported that Indiana, Kentucky and New York each had one confirmed case.  With Georgia added to the list, there are now 6 states involved in the outbreak.

Our law firm has filed a lawsuit on behalf of a victim of this E. coli outbreak.  To contact us regarding this lawsuit, please call 1-888-377-8900 (toll-free) or email attorney Fred Pritzker.

The Georgia case is one of 8 E. coli cases in Georgia that have been linked to the Barbecue Pit in Moultrie, Georgia. According to the Moultrie Observer:

“This is not a new case,” Southwest Georgia Public Health District Health Director Jacqueline Grant said. “What is new is that the CDC has now determined that it fit their case definition for the outbreak that began in Michigan and Ohio.”

Late Tuesday, Grant said the CDC announced that New York, Kentucky and Indiana each had a lab-confirmed case of bacterial infection that matched the clusters in Michigan and Ohio that had been traced to beef sold in Kroger supermarkets. With the inclusion of Georgia, six states are now linked to the outbreak.

“The number of lab-confirmed E. coli cases associated with the Colquitt County outbreak remains at eight, with four presumed cases,” Grant said. “That number has not changed. The lab-confirmed cases are undergoing additional testing to determine whether they also match the multi-state case definition. Testing results are expected later this week.”

The Colquitt County cases are the only cases related to the national outbreak found in Georgia by disease investigators, Grant said. All confirmed and presumed cases involve people who ate at the Barbecue Pit, located at 311 First Ave. S.E. in Moultrie from mid-June through July 3.

Now that the health investigators have associated Nebraska Beef, Ltd. with the Ohio and Michigan E. coli outbreak that has sickened at least 43 people, they are looking at this outbreak as evidence that our food safety system that does not go far enough to protect consumers.

The Columbus Dispatch has conveniently drawn up a timeline of events in the outbreak:

June 9

• Nebraska Beef gets the first word from the U.S. Department of Agriculture that samples of meat from processing companies tested positive for E. coli. According to a company spokesman, that notice said Nebraska Beef was among a group of firms suspected to have supplied the product.

June 11

• Central Ohio health officials express concern over six reports of E. coli O157:H7 infections in Franklin and Fairfield counties in one week. The cases followed the death in late May of a Gahanna woman who was infected with the bacteria.

June 16

• Columbus Public Health declares an E. coli outbreak as reports of new cases accumulate and emergency rooms see a spike in visits from patients with gastrointestinal problems.

In central Ohio, the E. coli count jumps to 11.

June 17

• Nebraska Beef gets another notice about contaminated meat.

June 23

• The Ohio Department of Agriculture laboratory confirms a ground-beef sample from a sickened resident is contaminated with E. coli bacteria.

June 24

• Michigan Health officials say many of the sickened people ate ground beef from Kroger. The grocer's Columbus division confirms that its meat was consumed by at least one of the people infected in central Ohio.
• The Centers for Disease Control and Prevention declare a multistate outbreak.

June 25

• Ohio health officials genetically match bacteria found in ground beef sold at a Gahanna Kroger to 33 DNA-linked illnesses, 17 in Ohio and 16 in Michigan.
• Kroger recalls an undetermined amount of ground beef with sell-by dates from May 21 through June 8.

June 27

• USDA issues Nebraska Beef a notice of intended enforcement, a warning that the agency issues to companies that need to make changes. In this notice, the department's Food Safety and Inspection Service cited an inability to control E. coli O157:H7.

June 30

• Nebraska Beef recalls 531,707 pounds of meat used to make ground beef. The meat was sent to companies in seven states.
• The first Ohio product-liability lawsuit is filed in Franklin County by a New Albany woman who was sickened by E. coli bacteria.

July 3

• Nebraska Beef expands recall to 5.3 million pounds of meat.
• The Nebraska Beef recall prompts Kroger to expand its recall to include company-owned stores throughout the country with sell-by dates as late as July 5.

When Kroger ground beef was confirmed as a source of the Ohio and Michigan E. coli O157:H7 outbreak on July 25, Nebraska Beef knew that they supplied ground beef components to Kroger, knew that some of their ground beef components were testing positive for E. coli O157:H7, and still chose to do nothing until June 30, when the company issued its initial recall (later expanded to 5 million pounds of beef).

Arguably, Nebraska Beef's failure to quickly act on knowledge of contamination resulted in more people being sickened in Michigan and Ohio.  An E. coli outbreak in  Georgia (E. coli outbreak linked to the Barbecue Pit) has also been linked to Nebraska Beef.

Nebraska Beef's delayed response during this outbreak has prompted the Ohio Department of Agriculture to make a change in its policies.  the Ohio Department of Agriculture will no longer wait for agencies or companies to make an announcement about tainted products that the department finds.  The department will now only wait three hours (or until 4 pm) for agencies or companies to notify the public of the results before the department releases the information itself.

 

The number of confirmed cases of Salmonella Saintpaul has again risen, bringing the total to 1090. According to the Centers for Disease Control and Prevention (CDC) people in 42 states and the District of Columbia have been sickened in the outbreak:

Alabama (2 persons), Arkansas (14), Arizona (49), California (9), Colorado (15), Connecticut (4), Florida (2), Georgia (25), Idaho (5), Illinois (104), Indiana (16), Iowa (2), Kansas (17), Kentucky (1), Louisiana (1), Maine (1), Maryland (29), Massachusetts (26), Michigan (19), Minnesota (19), Mississippi (2), Missouri (15), New Hampshire (4), Nevada (11), New Jersey (11), New Mexico (99), New York (30), North Carolina (14), Ohio (8), Oklahoma (24), Oregon (10), Pennsylvania (12), Rhode Island (3), South Carolina (2), Tennessee (8), Texas (408), Utah (2), Virginia (31), Vermont (2), Washington (17), West Virginia (1), Wisconsin (11), and the District of Columbia (1).

Health officials have had a difficult time pinpointing the source of this outbreak. The CDC has acknowledged some of these challenges, stating:

“The investigation is complex and difficult. One difficult aspect is that people often have difficulty remembering exactly what foods they ate, and remembering specific ingredients in those foods is even more difficult. Although laboratory testing of foods might help identify the source, perishable foods that were consumed by ill persons are often not available to test. When food items are mixed together and consumed in the same dish, all the items may be statistically linked to illness. In that case, determining by statistical means which item caused the illness can be difficult or impossible. Tracing suspect produce items back to processors and growers is an integral part of the effort to identify a single source and a possible means of contamination.”

Health officials first reported that tomatoes were the source of the outbreak, but the duration of the outbreak and further interviews with patients suggested that peppers may have also made people sick. According to the CDC:

“Illnesses were linked to an item containing fresh jalapeño peppers and no other of the suspect items. The accumulated data from all investigations indicate that jalapeño peppers caused some illnesses but that they do not explain all illnesses. Raw tomatoes, fresh serrano peppers, and fresh cilantro also remain under investigation. Investigators from many agencies are collaborating to track the source of the implicated peppers and other produce items.”

The CDC advises that until they are certain that the contaminated items are off the market, consumers, especially those at heightened risk for illness, should avoid eating uncooked jalapeño, and Serrano peppers, as well as raw tomatoes not on the Food and Drug Administration’s Safe List.

Further investigation into an outbreak of E. coli in Colquitt County, Georgia, has uncovered a possible link to the Georgia outbreak and the Michigan/Ohio outbreak related to Nebraska Beef and Kroger, according to the Moultrie Observer. Laboratory tests of patients revealed that the strain in the two outbreaks were the same, which establishes a possible connection between the two outbreaks. So far, six people in Georgia have been sickened, with another three probable cases being investigated. The three individuals listed as probable cases have developed hemolytic uremic syndrome (HUS), a deadly disease associated with E. coli infection. Brenda Greene, Southwest Georgia Public Health District Deputy Health Director had the following to say:

“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. 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.”

As of this morning, there are 40 confirmed cases of E. coli O157:H7 associated with Kroger ground beef and Nebraska Beef, Ltd., the company that supplied the beef trim, etc. that went into the Kroger ground beef. In response to this outbreak, Kroger recalled an “undetermined amount” of Kroger ground beef on June 25, 2008 because the ground beef may be contaminated with E. coli O157:H7. On June 30, Nebraska Beef, Ltd. recalled approximately 531,707 pounds of beef trim and other ground beef components because they may be contaminated with E. coli O157:H7.

Note: Our law firm is representing one of the victims of this outbreak.  Please see our press release about the imminent Kroger lawsuit.

On July 1, 2008, Kroger expanded its ground beef recall as follows (from the Kroger website, www.kroger.com):

The U.S. Department of Agriculture has informed The Kroger Co. (NYSE: KR) that Nebraska Beef, based in Omaha, Neb., has been identified as the supplier of ground beef products linked to E. coli illnesses in Michigan and central and northern Ohio. The illnesses were reported between May 31 and June 8. The Centers for Disease Control and Prevention have not reported any additional illnesses related to this outbreak. [Note from Pritzker Law: There have been additional illnesses reported by Michigan and Ohio. There are now 19 confirmed Ohio E. coli cases and 21 confirmed Michigan E. coli cases.]

Kroger has expanded the voluntary recall the Company initiated last week for Kroger stores in Michigan and in central and northern Ohio (Columbus and Toledo areas). [Read the June 25 Kroger Recall.]

Based on the latest information from the USDA, Kroger is expanding the recall to include ground beef products in Styrofoam tray packages wrapped in clear cellophane or purchased from an in-store service counter from the stores described below.

There are various “sell by” dates on the ground beef being recalled due to different Nebraska Beef production dates.

The following chart explains the range of “sell by” dates that customers should check:

Fred Meyer May 21-July 5

QFC May 21-July 5

Kroger stores May 21-July 3 *

(*except Kroger stores in Georgia, South Carolina, Alabama, and Knoxville, Tenn. and Kroger’s Mid-Atlantic division, which includes stores in North Carolina, Northeastern Tennessee, Virginia and West Virginia. Kroger stores in Georgia, South Carolina, Alabama and Knoxville, Tenn. are not involved in the recall of ground beef in Styrofoam trays or from in-store service counters.)

Kroger Mid-Atlantic May 19-June 6

Fry’s May 21-July 3

Ralphs May 21-July 3

Smith’s May 21-July 3

Baker’s May 17-June 4

King Soopers June 20-July 3

City Market June 20-July 3

Customers who shop at Hilander, Owen’s, Pay Less, and Scott’s should follow the “sell by” dates listed above for Kroger stores.

In addition to the ground beef described above, Kroger is recalling Private Selection Natural ground beef sold in 16 oz. packages that were in the self-service meat case. The “sell by” dates for this product is July 11 through July 21, 2008. The product was available at all Kroger stores (including Kroger Mid-Atlantic and stores in Georgia, South Carolina, Alabama and Knoxville, Tenn.) and Dillons, Fred Meyer, Baker’s, Smith’s and Fry’s.

What Customers Should Do:

Kroger is asking customers to carefully check the ground beef they have at home in their refrigerators and freezers. If they have any products covered in this recall, they should return the product to a store for a full refund or replacement.

[Note from Pritzker Law: If someone has been sickened by the ground beef, DO NOT DISPOSE OF OR RETURN THE PRODUCT. Test may have to be done on the product, the results of which may be used as evidence in a Kroger E. coli lawsuit.]

What Kroger Is Doing:

Kroger has expanded the recall due to new information provided by the USDA. This information links product produced by Nebraska Beef to the illnesses. As a precaution, Kroger is removing all ground beef supplied by Nebraska Beef during the dates provided by the USDA.

The following items are not included in this recall: ground beef sold in sealed tubes in one, three or five-pound packages and frozen ground beef patties sold in the frozen food section of its stores.

Kroger has already begun notifying customers about this recall by placing signs in stores in meat departments. Kroger is also using its register receipt notification system that alerts customers about recalls of products they may have purchased.

Kroger has instructed every store involved in the recall to discard the ground beef products in question and thoroughly clean and sanitize all equipment used to prepare ground beef for sale.

We commend Kroger for taking measures to prevent further illness; however, any measures taken by Kroger does not alter the company’s responsibility to its customers who were sickened in this outbreak. If you or your child has been diagnosed with E. coli, please contact our law firm.

UPDATE TO THE INFORMATION BELOW (July 7, 2008) -- There are now six confirmed cases of E. coli, all of which have been linked to the Barbecue Pit in Moultrie, Georgia.  There are also 3 cases of hemolytic uremic syndrome (HUS) that may be part of this E. coli outbreak. 

 

This outbreak may be connected to an Ohio and Michigan E. coli outbreak that has been linked to Kroger ground beef and Nebraska Beef, Ltd. ground beef components.  We have filed a lawsuit on behalf of a victim of this outbreak.  Read about the Nebraska Beef and Kroger lawsuit. We are a national law firm and represent E. coli victims throughout the United States.  To contact us, please call 1-888-377-8900 (toll-free) or email Fred Pritzker.

---

(June 30, 2008 - See updated information above) -- There are now two confirmed cases of E. coli O157:H7 in Cloquitt County. Several other cases are probable. 

Southwest Georgia Public Health District Deputy Director Brenda Greene had this to say about the outbreak:

"This appears to be a cluster of E. coli 0157, which is one of the most commonly identified disease-causing groups of this bacteria in the United States. Public Health became involved last week after healthcare providers noticed a number of patients from Moultrie were experiencing similar symptoms. Symptoms ranged from stomach pain to bloody diarrhea."

The investigation is ongoing and we are doing everything we can to find out as quickly as possible what is behind the cluster of illnesses. In the meantime, we are urging people to practice good hand-washing and food preparation techniques to avoid this and other types of food-borne illnesses.

Symptoms of E. coli include stomach cramps, vomiting and diarrhea, which is often bloody. In some instances, fever occurs.

"Most people who become sick with E. coli become better within five to seven days without treatment. While some infections are very mild, others can be severe or even life-threatening," Greene said.

"If you are experiencing severe symptoms, you should consult your personal healthcare provider at once,"she said.

The investigation is focusing on patients who have been hospitalized or treated as outpatients, but is expected to expand to include persons who visited physicians or similar healthcare providers and did not go hospitals, she said.

Those most at risk of experiencing severe illness from E. coli include children, the elderly and people with compromised immune systems.

"As our disease investigators learn more, we will continue to update the community," said Greene. "We are looking for what the patients may have in common. Investigations such as these may take days or even weeks."

Along with looking at whether patients have foods or places and times they ate in common, investigators ask about activities such as swimming, since some disease-causing bacteria are found in water.

"Since we know illness occurs when E. coli bacteria are swallowed, we are reminding the public to take precautions when handling food,"Greene said. "At this time, however, we have not linked a type of food or any specific food item to the symptoms we are investigating."

Pritzker Law is representing victims of E. coli outbreaks.  Our law firm has also recently settled an E. coli wrongful death case where an elderly woman contracted an E. coli outbreak that developed into hemolytic uremic syndrome (HUS).  To contact our law firm, please call 1-888-377-8900 (toll-free), email Fred Pritzker or submit the firm's free case consultation form.

As of this afternoon, Ohio has confirmed 18 cases of E. coli O157:H7 with an additional 4 cases that are probable.

According to the Ohio Department of health, the 18 cases have been confirmed in the following Ohio counties:

• Franklin (ten confirmed)
• Delaware (one confirmed)
• Fairfield (four confirmed)
• Lucas (one confirmed)
• Seneca (one confirmed)
• Union (one confirmed)

Also of this afternoon, Michigan has confirmed 17 cases E. coli O157:H7 with an additional 4 cases that are probable. According to the Michigan Department of Health, the 17 genetically-linked cases of E. coli O157 are present in seven Michigan counties including,

•  Eaton (one)
•  Macomb (three)
•  Washtenaw (four)
•  Saginaw (one)
•  Genesee (one)
•  Wayne (three)
•  Oakland (four)

As the CDC reports that more than 800 people have become ill from Salmonella Saintpaul, federal health officials are questioning whether or not raw tomatoes are to blame.  Although the CDC states that raw red plum, red Roma, and round red tomatoes are the most likely source of the national outbreak, officials have not yet confirmed that the tomatoes are carrying the rare Salmonella strain.

According to the Los Angeles Times,

Of 1,700 domestic and international tomato samples collected so far, none has tested positive, said David Acheson, associate commissioner for foods with the Food and Drug Administration. Officials would not divulge if, or what, other produce was being seriously investigated, only saying that they would "continue to keep an open mind about the possible source."

The 810 cases span across 36 states and the District of Columbia, including at least 95 hospitalizations. Some of the tomatoes thought to have been linked to the outbreak were traced back to Florida and Mexico, but no concrete evidence was established because contamination could have occurred due to a variety of factors.

The Los Angeles Times also reports that “tomatoes that could be carrying the bacteria might still be entering the market because of large growing areas, long harvesting periods or unsanitary warehouse conditions, Acheson said.”

It seems that the Salmonella Saintpaul outbreak may not yet be over, and consumers should continue to be wary of consuming raw tomatoes or whatever source is found to be the cause of this massive outbreak. 

FOR IMMEDIATE RELEASE: The national food safety law firm of Pritzker Law has been retained to represent 20 year-old Zachary Everhart from Pickerington, Ohio in connection with injuries he received as a result of consuming Kroger hamburger contaminated with the dangerous foodborne pathogen, E. coli O157:H7.

Everhart’s illness was confirmed by genetic testing. The strain of E. coli O157:H7 found in his stool sample matched the outbreak strain found in stool samples from other victims in Ohio and Michigan and from hamburger purchased at a Kroger store in Ohio.

Everhart’s symptoms initially included cramping and diarrhea. He subsequently developed bloody diarrhea and vomiting. He required hospitalization.

Everhart is represented by the national food safety law firm of Pritzker Law, P.A. located in Minneapolis, MN. The firm has been involved in most of the major foodborne illness outbreak involving E. coli O157:H7, Listeria monocytogenes, and other dangerous pathogens and has collected millions on behalf of foodborne illness survivors and the families of people killed by foodborne illness.

Attorney Fred Pritzker, who represents Mr. Everhart, has called on Kroger to pay for the medical expenses incurred by him and other victims of this outbreak. Pritzker has also called on Kroger to promptly identify the distributor and producer of the adulterated meat implicated in this outbreak and to quickly release the results of its internal investigation into this crisis. “The public deserves corporate responsibility and transparency from Kroger now that its product has been implicated,” Pritzker said.  

If you have been diagnosed with E. coli O157:H7 from this or other outbreaks, please contact Senior Partner, Fred Pritzker toll-free at 1-888-377-8900, via email at fhp@pritzkerlaw.com  or on the web at www.pritzkerlaw.com.

Kroger Ground Beef Recall

Today, in response to the E. coli outbreak linked to Kroger ground beef, Kroger recalled ground beef sold at Kroger® Co. Stores in Michigan and Ohio. The products subject to the Kroger beef recall include all varieties and weights of ground beef products bearing a Kroger label sold between May 21 and June 8 at Michigan Kroger stores and and Columbus and Toledo, Ohio Kroger stores. The recalled Kroger ground beef products had a sell-by date between "05/21/08" and "06/08/08." Read more about the Kroger recall.

Number of E. coli Victims Climbs to 32

According to the CDC, 32 confirmed E. coli O157:H7 cases have been linked both epidemiologically and by molecular fingerprinting to Kroger ground beef: 15 in Michigan and 17 in Ohio. Onset of illness in these patients occurred from 5/30/08 to 6/11/08. Fourteen ill persons have been hospitalized. One patient has developed a type of kidney failure called hemolytic-uremic syndrome (HUS). Read CDC information regarding the Kroger E. coli outbreak.

E. coli Outbreak Linked to Kroger Ground Beef

Health investigators tested ground beef from victims' homes that was purchased at Kroger® retail stores in Michigan and Ohio. Molecular fingerprinting testing on E. coli O157 isolates isolated from ground beef samples have confirmed the isolates to be the outbreak strain of E. coli O157, meaning Kroger ground beef has been linked to the outbreak.

Health investigators also found a significant association between illness among case patients and eating ground beef purchased at at one of several Kroger Co. stores in Michigan and Ohio.

Read about a Kroger lawsuit.

Legal Representation

Pritzker Law is one of the leading E. coli litigation law firms.  Lawyers at the firm have obtained a national reputation and have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA and other publications. 

To contact one of our experienced lawyers regarding an E. coli case, please call 1-888-377-8900 (toll-free), email Fred Pritzker or submit the firm's free case consultation form.

Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
According to the CDC, ground beef sold at Kroger grocery stores has been linked with an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit. In response to this outbreak, Kroger has recalled an undetermined amount of Kroger ground beef products.  Read about the Kroger recall.

More information keeps on piling up as investigators try to get to the bottom of the E. coli O157:H7 outbreak in Michigan and Ohio.  Although not as widespread as the Salmonella outbreak in tomatoes affecting the entire country, the residents of Michigan and Ohio have cause to worry about ground beef purchased from the Kroger chain of grocery stores. 24 cases have been epidemiologically and genetically linked in the two states, according the Centers for Disease Control and Prevention (CDC). 15 of the cases were reported in Michigan and 17 cases in Ohio. 14 people have already been hospitalized and one person has developed kidney failure related to E. coli O157:H7 infection (hemolytic uremic syndrome, or HUS).

Ohio officials are also investigating two other possible cases. Officials from the Michigan Department of Community Health also say there are now 15 cases related to this strain of E. coli in the state, 10 of whom have been hospitalized.

More than half of the affected individuals were found to have purchased ground beef from Kroger grocery stores.  One of the infected patients in Ohio had a sample of the ground beef purchased from Kroger, which then tested positive for E. coli O157:H7.  According to an Ohio Department of Health press release issued today, the E. coli in the Kroger ground beef sample has the genetic fingerprint of the outbreak E. coli.

Kroger has been cooperating with state and federal officials regarding the outbreak, but has not yet issued a recall of any ground beef.  All of the cases began experiencing symptoms in late May and early June (May 31-June 8), and Kroger has urged customers to dispose of any ground beef purchased in that time frame, especially near the cities of Columbus and Toledo in Ohio.  Kroger also states that the ground beef during that period is no longer in stores. Kroger is also working with the state and federal agencies to find which supplier provided the contaminated ground beef.

The evidence linking the illnesses together and to the ground beef sold by Kroger can be used in a lawsuit against Kroger as causal evidence that the product was behind the outbreak of sickness. Pritzker Law has dealt with many cases involving victims of E. coli outbreaks and complications that come with it, including deaths associated with E. coli infection and hemolytic uremic syndrome (HUS).

Contact a lawyer from our firm:

• Call 1-888-377-8900 (toll-free)
• Email our lawyers
• Submit our free case consultation form

Pritzker Law represents foodborne illness survivors in cases throughout the United States.

We spoke with Toni Corona, the administrator for the Madison County Health Department to get an update on the Salmonella outbreak associated with Los Tres Amigos in Wood River, Illinois. Seven confirmed cases of Salmonella have been reported to the health department since June 4, 2008. Six of the cases reported eating at Los Tres Amigos, located at 1820 Vaughn Road, Wood River, Illinois.

The restaurant closed on June 18 and will remain closed until health officials can “get their arms around this,” according to Corona. 

One of the 6 cases that reported eating at Los Tres Amigos was sickened by Salmonella with a DNA fingerprint that matches the Salmonella strain of the nationwide outbreak associated with tomatoes. Health officials are awaiting the results of tests using Pulsed Field Gel Electrophoresis (PFGE), a technique used for genotyping (genetic fingerprinting) of Salmonella and other bacterial foodborne pathogens.

The Illinois Department of Health is working with the FDA on this investigation.

Pritzker Law is currently representing victims of the Salmonella outbreak associated with the Taste of Chicago.  our law firm has also recently recovered money damages for victims of a Salmonella outbreak associated with a restaurant.  To contact a lawyer at our law firm, please call 1-888-377-8900 (toll-free), email our law firm or submit our free case consultation form.

Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
According to the CDC, ground beef sold at Kroger grocery stores has been linked with an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit. In response to this outbreak, Kroger has recalled an undetermined amount of Kroger ground beef products.  Read about the Kroger recall.

According to the Michigan Department of Community Health (MDCH), ground beef sold at Kroger grocery stores has been associated with a Michigan E. coli outbreak that has sickened people in Michigan and Ohio. The MDCH has stated that more than half of the 15 people sickened in Michigan reported buying and eating ground beef from Kroger. This epidemiological evidence of the source of the Michigan E. coli outbreak has legal implications for a possible Kroger E. coli lawsuit.

When epidemiological evidence associates ground beef sold at a grocery store with an E. coli outbreak, that epidemiological evidence can be used by an E. coli lawyer to seek compensation for victims of the E. coli outbreak. Our law firm has successfully used epidemiological to successfully prove “causation,” an element of an E. coli lawsuit that looks at whether the suspected food product was the actual cause of the victim’s E. coli infection and related complications, including hemolytic uremic syndrome (HUS). HUS is one of the leading causes of kidney failure (renal failure).

We have recovered compensation for victims of E. coli outbreaks involving ground beef sold at grocery stores. We have also recently recovered amounts for families of people who died from E. coli and HUS. 

Contact a Pritzker Law lawyer:

• Call 1-888-377-8900 (toll-free)
• Email our lawyers
• Submit our free case consultation form

Pritzker Law represents foodborne illness survivors in cases throughout the United States.

At least 6 people who ate at Los Tres Amigos in Wood River, Illinois, contracted Salmonella infections (salmonellosis), according to the Madison County Health Department. Health officials believe that this Illinois Salmonella outbreak may be connected to the current nationwide outbreak of Salmonella Saintpaul associated with tomatoes because one of the cases has been confirmed to have a genetic fingerprint that matches the national outbreak pattern.

As of June 24, 2008, the CDC reports that there are 613 confirmed cases of Salmonella Saintpaul in 33 states and the District of Columbia associated with eating raw tomatoes. 45 of the 613 confirmed cases are from Illinois. 

Most of the 613 cases of Salmonella Saintpaul are not associated with eating at a specific restaurant. However, another cluster of Salmonella Saintpaul cases in Illinois has been associated with a restaurant, Adobo Grill. Read about the Adobo Grill Salmonella Saintpaul cases.

Our lawyers have recently recovered money for victims of a Salmonella outbreak linked to a restaurant. To contact us about restaurant liability, the Salmonella Saintpaul outbreak, a Salmonella lawsuit or other information, please call 1-888-377-8900 (toll-free), email our lawyers or submit our firm’s free case consultation form.

The multi-state Salmonella Saintpaul outbreak associated with certain raw tomatoes has hit Chicago hard.  According to the Chicago Department of Public Health (CDPH), since mid-April, 17 Chicagoans are known to have been made ill by Salmonella Saintpaul, 9 of them ate at Adobo Grill.  Several additional cases of illness are awaiting laboratory results that may possibly connect them to the multi-state Salmonella Saintpaul outbreak.

According to the CDPH:

Fourteen of the 17 are ages 26-39. One patient is seven months old, another is one year old, and a third is 47 years of age.

Three of the 17 required hospitalization; but all were discharged and have recovered.

Most of the 17 live on the North and Near West Sides of the city. Five live in the West Town neighborhood; four in Lakeview; two in Logan Square, and one each in Lincoln Park, Near North Side, Near West Side, Irving Park, Rogers Park, and Roseland.

Our law firm has represented Chicagoans in past Salmonella outbreaks. Contact us regarding our Chicago Salmonella cases, restaurant liability and any other issues related to the Salmonella Saintpaul outbreak associated with tomatoes. To contact the firm, please call 1-888-377-8900 (toll-free), email our lawyers or submit our free case consultation form.

Update to the Information Below: Ohio and Michigan E. coli Outbreak Linked to Kroger Ground Beef
According to the CDC, ground beef sold at Kroger grocery stores has been linked with an E. coli outbreak that has sickened people in Michigan and Ohio. Read about the legal implications of this association and a Kroger E. coli lawsuit. In response to this outbreak, Kroger has recalled an undetermined amount of Kroger ground beef products.  Read about the Kroger recall.

Several cases of E. coli in central Ohio may be connected.  Seven cases were reported to three counties in July:

• Delaware County (1)
• Fairfield (3)
• Franklin (3)

Because these cases were reported within a short period of time, health officials believe they may be connected.  According to a story in the Columbus Dispatch, the most recent case of E. coli involved a woman who was hospitalized for three days:

A 55-year-old Delaware County woman who was hospitalized for three days with an E. coli infection brings the total number of central Ohio cases reported since June 4 to seven.

The woman is now home and has been interviewed about what and where she ate prior to the infection, said Jesse Carter, spokesman for the Delaware General Health District.

Health officials are also looking into the May 27 death of a Gahanna woman who had been hospitalized with an E. coli infection, according to the Columbus Dispatch story. 

E. coli can be spread through contaminated food or water, animal contact, or person-to-person contact.  Recent foodborne outbreaks of E. coli infections have involved spinach, lettuce and ground beef.  An E. coli outbreak in Washington State has been associated with bagged, commercial romaine lettuce.

The federal government has expanded its warning on fresh tomatoes to include the entire nation after 167 people have been confirmed infected with genetically linked strains of Salmonella Saintpaul in 17 different states.  The FDA's first warning did not mention the states of Arkansas, California, Georgia, Hawaii, North Carolina, South Carolina, Tennessee, and Texas, but all of these states are now included in the FDA warning.  The states with the most reported cases are Arizona (12 cases), Illinois (27 cases), New Mexico (39 cases), and Texas (56 cases).  The illness began between April 16 and May 27, 2008.  At least 23 persons have been hospitalized.  At least one death has been reported but has not been confirmed. 

The affected types of tomato include fresh and fresh cut red Roma, red plum, and round red tomatoes.  Food products made with these tomatoes are also affected.  Cherry and grape tomatoes and tomatoes with the vine still attached were not affected by this recall. 

This FDA warning has led restaurants all over the nation to pull fresh tomatoes and salsas from their menu including McDonalds, Chipotle, Burger King, Wal-Mart, Kroger, Winn-Dixie, Outback Steakhouse and Taco Bell. Continue Reading

The massive outbreak of Salmonella serotype Saintpaul in raw tomatoes has now affected 145 people in 16 states, including 23 hospitalizations. On June 7, the FDA issued a warning against the purchase and consumption of raw red Roma, raw red plum, raw red round tomatoes, or any products that would contain those tomatoes.  The FDA’s warning does not apply to cherry, grape, and tomatoes with the vine attached. The FDA also announced a list of states and territories that produce tomatoes which are safe to purchase.  The list includes Arkansas, California, Georgia, Hawaii, North Carolina, South Carolina, Tennessee, Texas, Belgium, Canada, Dominican Republic, Guatemala, Israel, Netherlands, and Puerto Rico.

In response to the massive outbreak, many stores and restaurants have removed fresh tomatoes from shelves and menus.  The Wall Street Journal reports that McDonald’s, the largest restaurant chain in the United States, has stopped serving tomatoes on all sandwiches.  A spokeswoman for McDonald’s states that this is only a precautionary measure and will continue to offer grape tomatoes on salads. Following McDonald’s actions, restaurants such as Chipotle Mexican Grill, Burger King, Texas Roadhouse, Cracker Barrel, and Wal-Mart have all stopped serving fresh tomato products and removed all products affected by the FDA’s warning.

Chipotle stopped serving its fresh tomato salsa, according to the Los Angeles Times.  Chipotle posted a notice on their website stating “We apologize but our tomato salsa is temporarily unavailable.  Your safety is our top priority. So even though our tomato salsa is completely safe, we have suspended serving it in all of our restaurants as long as there remains any concern about the tomato supply in this country.”

It seems that restaurants and retailers across the country are taking this outbreak and the FDA’s warning very seriously, which should help prevent the outbreak from expanding even more.

In 2007, Topps Meat Company, LLC, recalled 21.7 million pounds of frozen hamburger patties that health officials had linked to an E. coli O157:H7 outbreak. At least 40 people were sickened, some with a serious complication called hemolytic uremic syndrome.

An Associated Press story highlights some of the problems at the Topps plant that health officials believe may have contributed to the E. coli O157:H7 contamination:

• Beef ground one day was often stored and “reworked” with meat from another production cycle
• A conveyor belt that moved raw patties to packaging was marred by "gouges, cracks and tears"
• [Inspectors] found residue on surfaces that fresh meat came into contact with
• [Topps] cut back on testing for the dangerous pathogen and disregarded sanitary issues
• Federal food inspectors overlooked crucial evidence that Topps used risky processing procedures and operated under a flawed food safety plan

Kenneth Petersen, head of the national Office of Field Operations for the USDA's Food Safety and Inspection Service (FSIS), was sited by the Associated Press as saying, "Clearly, something was missed at Topps" and that Topps became “complacent.”

Continue Reading

Washington State Health Department officials have implicated commercial, bagged romaine lettuce as the source of a recent E. coli O157:H7 outbreak in Pierce and Thurston counties.  DNA fingerprinting confirmed that the E. coli cases were connected.  Dr. Marcia Goldoft, Acting Epidemiologist of the Washington  Department. of Health said that "This is a product that will be at a restaurant, a cafeteria or a food vendor. This is not a product that would be coming from a grocery store." 

Three people in Thurston County and six people in Pierce country were infected in this outbreak. 
A 10th case was reported but not confrimed because the individual did not undergo testing.  Of those ill in Thurston County, all the victims were teenagers.

We contacted Thurston county today, and they confirmed that three victims were students at Capital High School in Olympia, a fourth was a student at Thurgood Marshall Middle School.  In Pierce County, the cases may be associated with a restaurant and an educational institution.  Because the outbreak is deemed over, health officials are not releasing the names of either, but internet accounts of the outbreak suggest that some of those sickened may have eaten salads at Pacific Lutheran University in Tacoma. 

Several of the victims were briefly hospitalized, but none were seriously ill. 

On June 9th ,Donn Moyer, a spokesman of the Washington Health Department, said that no new cases of the had been reported since May 29.  Officials are still investigating the source of the outbreak and have narrowed their search to three California producers.

Health officials have identified 145 persons in 16 states infected with Salmonella Saintpaul with the same genetic fingerprint

According to the CDC, States involved in this Salmonella Saintpaul outbreak include the following:

Arizona (12 persons), California (1), Colorado (1), Connecticut (1), Idaho (2), Illinois (17), Indiana (1), Kansas (3), New Mexico (39), Oklahoma (3), Oregon (2), Texas (56 persons), Utah (1), Virginia (2), Washington (1), and Wisconsin (3).

At least 23 persons were hospitalized. No deaths have been reported. CDC suspects that more than 145 illnesses have occurred:

Because of inherent delays in reporting and because many persons with Salmonella illness do not have a stool specimen tested, it is likely many more illnesses have occurred than those reported. Some of these unreported illnesses may be in states that are not on today’s map.

In response to this outbreak, FDA is expanding its warning to consumers nationwide, cautioning them that a salmonellosis (illness caused by Salmonella) outbreak has been linked to consumption of certain raw red plum, red Roma, and red round tomatoes, and products containing these raw, red tomatoes:

FDA recommends that consumers not eat raw red Roma, raw red plum, raw red round tomatoes, or products that contain these types of raw red tomatoes unless the tomatoes are from the sources listed below. If unsure of where tomatoes are grown or harvested, consumers are encouraged to contact the store where the tomato purchase was made. Consumers should continue to eat cherry tomatoes, grape tomatoes, and tomatoes sold with the vine still attached, or tomatoes grown at home.

FDA has published a list of states, territories, and countries where tomatoes are grown and harvested which have not been associated with this outbreak. This updated list includes: Arkansas, California, Georgia, Hawaii, North Carolina, South Carolina, Tennessee, Texas, Belgium, Canada, Dominican Republic, Guatemala, Israel, Netherlands, and Puerto Rico.

To discuss a Salmonella Saintpaul case with an experienced lawyer, please call 1-888-377-8900 (toll-free), email our lawyers, or submit our free case consultation form.

The Hepatitis A outbreak in Hawkins County, Tennessee has now affected at least eight people who live in the Mooresburg community, near Cherokee Lake. Health officials have still not identified a source of the outbreak, but are doing everything they can to determine what led to the many illnesses.  The Northeast Tennessee Regional Health Office has been handling the requests of concerned residents and has been giving Hepatitis A vaccines.  The Health Office administered more than 1500 vaccines over the course of three days, but officials say that most who received the vaccine were unaffected by the outbreak and just worried (Knoxville News Sentinel).

The health department says that only people who were in the Mooresburg community between May 15 and 29 would possibly be affected by the outbreak.  However, those are the only ties officials have found that connect the five adults and three children who have confirmed cases of Hepatitis A. Officials are investigating whether or not a spill of raw sewage into Cherokee Lake could be the cause.  After a power outing in April, 250,000 gallons of raw sewage was dumped into the lake. The investigators don’t think that there is a likely chance the spill is to blame, due to the great time lapse, but soil and water samples are being collected to make sure. Officials think that more cases will be reported in time, and they are doing all they can to find the source of the outbreak.

The New Mexico Department of Health is investigating a cluster of 19 Salmonella cases. Several victims of the outbreak have been hospitalized due to severe symptoms. No one has died.

Health officials are interviewing patients to determine the source(s) of the Salmonella infections. 

People in six counties in New Mexico have confirmed cases of Salmonella:

• McKinley
• San Juan
• Dona Ana
• Curry
• Socorro
• Bernalillo

This suggests the source of the outbreak was not one restaurant or other eating establishment and that the source was most likely a food product. Recent Salmonella outbreaks have been associated with frozen chicken meals, frozen pot pies, cantaloupe and Malt-O-Meal cereal.

“We have alerted physicians and hospitals around the state to be on the lookout for people presenting with fever and diarrhea and to test those people for Salmonella,” said Dr. Mike Landen, deputy state epidemiologist with the Department of Health.

We applaud the New Mexico Department of Health for encouraging medical professionals to test for Salmonella. Our experience is that doctors often do not test patients with symptoms of food poisoning to determine the pathogen responsible for the illness.  Any patient who is diagnosed with symptoms of food poisoning should press their physician for further testing, especially when there is serious illness.

Contact us (1-888-377-8900 (toll-free)) if you have questions, including how to report a case of salmonellosis (Salmonella infection) to a health department, an important step in determining the source of the illness. We are a national law firm.

Update to the entry below: There are now 21 confirmed cases of hepatitis A associated with the La Mesa Chipotle.

At least 6 people who ate at a La Mesa Chipotle restaurant have contracted hepatitis A.  Using epidemiological and microbiological evidence, we have successfully recovered significant amounts for victims of food poisoning associated with restaurants, even in cases where a food source was not pinpointed.  If you would like to know more about restaurant liability in a hepatitis A case, please contact a lawyer at our office at 1-888-377-8900 (toll-free), email our lawyers or submit our free case consultation form.

In most hepatitis A cases, food served to the sickened patrons was contaminated with the feces of a food handler who had hepatitis A.  In the case of a restaurant like Chipotle, the most likely scenario was that a sickened food handler contaminated food while cooking or serving the food.  In a recent hepatitis case involving a restaurant (not Chipotle), health officials determined that the food source of the outbreak was most likely raw lettuce that the sickened employee had chopped up.  Health officials may not find even a likely food source of this outbreak.

"Our Community Epidemiology Branch and DEH are working closely with the restaurant to determine the source of the hepatitis A infection,” said Wilma Wooten, M.D., M.P.H., County of San Diego Public Health Officer. "Hepatitis A is a vaccine-preventable illness, and we recommend that the public talk to their physicians about getting vaccinated against hepatitis A."

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The Illinois Department of Health has reported one case of Salmonella in a person who reported eating cereal that is part of the Malt-O-Meal recall, which involves Malt-O-Meal unsweetened Puffed Rice and unsweetened Puffed Wheat with “best if used by” dates ranging from APR0808 (April 8, 2008) to MAR2909 (March 29, 2009) sold under the Malt-O-Meal brand and several other brands, including  Acme, America’s Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw’s, Shoprite, Tops and Weis Quality.  Tests are still pending.

Dr. Damon T. Arnold, state public health director, is warning consumers not to eat  the recalled puffed rice and puffed wheat cereal due to possible Salmonella contamination. Malt-O-Meal recalled the cereal after the company’s internal routine food safety testing found Salmonella. A link between the cereal and Salmonella cases has not yet been confirmed.

“I want people to check their shelves for the recalled puffed rice or puffed wheat cereals and get rid of them. Although it has not yet been confirmed that this cereal has caused people to become ill, it’s better to be safe than sorry. Either take the cereal back to the store where you bought it for a refund or throw it out, but just make sure you don’t eat it,” said Dr. Arnold.

If you are experiencing symptoms of Salmonella poisoning, please get medical attention.  If you are diagnosed with Salmonella, do not throw away or return the bag of cereal until you contact a Salmonella lawyer.  To contact our law firm regarding Salmonella poisoning, please call 1-888-377-8900 (toll-free), e-mail our attorneys, or submit our free case consultation form. 

Symptoms of Salmonella, which last from 24 hours to 12 days, include headache, muscle aches, diarrhea, vomiting, rumblings in the bowels, chills, fever, nausea and dehydration. Symptoms usually appear 6 hours to 72 hours after ingestion.

Minnesota health and agriculture officials are investigating cases of illness in Minnesota that may be linked to puffed rice and puffed wheat cereal involved  in a Malt-O-Meal recall. At least 21 cases of Salmonella agona have been identified as associated with the Malt-O-Meal recall involving several brands, including Malt-O-Meal, Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw’s, ShopRite, Tops and Weis Quality.

The Minnesota Department of Health (MDH) has identified one laboratory-confirmed case of Salmonella agona in the state that matches the genetic fingerprint of strain of Salmonella found in the cereal that was recalled April 5. 12 other state health departments have identified cases of the outbreak-strain of Salmonella agona.

On April 5, the Malt-O-Meal company issued a recall due to Salmonella contamination of unsweetened Puffed Rice cereals and unsweetened Puffed Wheat Cereals produced during the past 12 months at its plant in Northfield. The recalled products have “Best If Used By” codes between April 8, 2008 (coded as APR0808) and March 18, 2009 (coded as MAR1809). Malt-O-Meal initiated the recall after its routine food safety testing detected the presence of Salmonella in a product produced on March 24. The recalled cereal was distributed nationally and marketed under the Malt-O-Meal label as well as a variety of private labels, including Malt-O-Meal, Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw's, ShopRite, Tops, and Weis Quality.

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An Arizona State Health Department report confirmed that cases of Salmonella in Yuma County were caused by beef tri-tip served at the Hospice of Yuma roping roundup, barbecue and western dance at the Yuma County Fairgrounds on February 2. According to the report, 2,100 pounds of the beef tri-tip were cooked at the event

The investigation by the Arizona Department of Health Services showed that 2,100 pounds of beef were cooked at the event and that 30 pounds of leftover meat were later donated to Crossroads Mission.

State health investigators found the outbreak strain of Salmonella on a meat slicer that Crossroads had submitted for testing.

19 people tested positive for Salmonella after eating the beef tri-tip either at the Hospice of Yuma event or at the Crossroads Mission between February 2-9, 2008.

According to the Arizona report, seven people were hospitalized due to the outbreak, but there were no fatalities.

There is now a nationwide recall of cantaloupe grown, packed and shipped by Agropecuaria Montelibano of Honduras.  Central American Produce, Inc. of Pompano Beach, FL announced the voluntary recall earlier today. The recalled Honduras cantaloupe was distributed nationwide and Canada. Based on findings of an investigation conducted by state health agencies, FDA and CDC,  the cantaloupe grown, packed and shipped from Agropecuaria Montelibano appears to be associated with a Salmonella Litchfield outbreak in the United States and Canada.

The FDA advises that U.S. grocers, food service operators and produce processors remove from their stock any cantaloupes grown, packed and shipped from Agropecuaria Montelibano. The FDA also advises consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from this specific grower and packer. If so, consumers should throw away the cantaloupes, unless someone has been sickened by the recalled cantaloupe.  If someone has been sickened, they should contact a lawyer before discarding the recalled cantaloupe.

The cantaloupes were distributed for sale in medium brown cardboard cartons with the brands “Mikes Melons” or “Mayan Pride” all showing “PRODUCE OF HONDURAS” printed on each of the four side panels of the carton. The address of the shipper appears on one end panel of the carton as follows:

GROWN, PACKED AND SHIPPED BY:
AGROPECUARIA MONTELIBANO
SAN LORENZO, VALLE, HONDURAS

There are other firms that are involved in this recall using other labels of the same grower, including Mikes Melons. The FDA is taking this preventive measure while the agency continues to investigate this outbreak in cooperation with the Centers for Disease Control and Prevention and state partners.

The Centers for Disease Control and Prevention keep track of all outbreaks of foodborne illnesses in the country. The CDC defines an outbreak as two or more people becoming ill from the same food acquired at the same establishments. HealthInspections.com analyzed all of the outbreak information from the CDC and concluded that the five worst states in terms of number of outbreaks in 2006 are:

1. Florida- 74 outbreaks
2. California- 69 outbreaks
3. Minnesota- 55 outbreaks
4. Ohio- 54 outbreaks
5. New York- 50 outbreaks

Florida has topped the nation with number of outbreaks for the past three years. According to the data, hotels and restaurants seem to be the leading cause of outbreak in the state. One restaurant in particular, Coconuts on the Beach of a Hilton resort, was found to violate numerous health code violations. According to HealthInspections.com,

83 people got sick at the upscale Hilton resort on Singer Island near West Palm Beach. They were hit with Norovirus, a highly contagious stomach bug that causes vomiting and diarrhea.

Just two days after customers began getting sick, a health inspector cited Coconuts for allowing an employee with some type of infection to continue working. The law requires that sick food workers must be sent home.

The restaurant fared poorly on previous inspections as well, having been cited for 36 violations including employees not washing or changing dirty gloves, cleaning with dirty cloths, and dirty ice machines and soft drink nozzles. The poor record at hotels and restaurants would seem to be a serious issue for a state that depends on its tourism, but the Florida Restaurant and Hotel Association maintains that conditions are improving.

Florida, however, is not the only state with problems. California has consistently been second worse in numbers of outbreaks. San Diego County alone has seen a 43% increase in confirmed cases of restaurant food poisonings over the past three years. Minnesota has a poor record as well, leading the nation in most cases of Norovirus. Experts cite the lack of enforcement in the state and the inability of the public to access inspection reports online.

The report also designated what types of food were likely to lead to illness in each state.

Florida:          Seafood, Ethnic Foods, Lettuce-based Salads

California:      Seafood, Chicken, Ethnic Foods, Lettuce-based Salads

Minnesota:     Seafood, Lettuce-based Salads, Deli Sandwiches

Ohio:              Lettuce-based Salads, Chicken

New York:     Seafood, Lettuce-based Salads 

Overall, the problems in food safety cannot be pinpointed to a single source, but keeping states accountable for their records and informing the public of violations can help promote safer food for all.