Food Poisoning Law Blog

Concern over global warming has pushed research to developing cleaner fuel resources, one of which includes using ethanol as a fuel additive. The ethanol industry has in turn driven up the price of corn for cattle producers to use as feed. Distillers grain, a byproduct of ethanol, can be used as cattle feed and is much cheaper compared to corn. But as recent years have seen the increase of the use of distillers grain, last year marked a record for the most beef recalls due to E. coli 0157:H7 contamination, including the largest in U.S. history, the Topps Meat recall.

The possible correlation between distillers grain and E. coli 0157:H7 has spawned a great deal of research.  According to the Des Moines Register,

Researchers at Kansas State University noticed the possible E. coli connection to distillers grains in 2005. A second study found a twofold increase in E. coli levels in cattle fed the product compared with those that ate only corn. Research at the University of Nebraska showed mixed results. Cattle fed a diet comprising 10 percent to 30 percent distillers grains actually had lower rates of E. coli than cattle on a diet of all corn. But cattle fed 40 percent to 50 percent distillers grains showed higher E. coli rates.

Currently, the U.S. Animal Research Center in Clay Center, Nebraska is conducting an experiment to test a possible link between the grain and the bacteria.  The center is unique in that it has the capability of conducting large scale experiments to test on cattle.  According the Associated Press,

The research involves 600 cattle. Half are being fed a traditional grain feed and half are being fed distiller's grain. The research will wrap up in June after the cattle have been sold for slaughter and samples of their carcasses have been collected.

The cattle fed with distillers grains receive a diet of 40 percent distillers grains.  The research will be a valuable insight into both the beef and ethanol industry. The study hopes to gain a greater understanding of E. coli 0157:H7 so that its dangerous effects can be prevented. The bacteria can cause stomach cramps and diarrhea that may turn bloody within one to three days.  It can also be lethal to the elderly, children, and those with weak immune systems.

New Jersey’s Division of Consumer Affairs has reported finding recalled Topps hamburgers in seven stores in Hudson County:

Bargain World (aka Stop 1 Food Mart)
715 New York Avenue, Union City

Lucky Food Center (aka Boca Chica Mini Market)
6501 Park Avenue, West New York

Wayne Gusto Meat Market
190 Ocean Avenue, Jersey City

Super Good Luck Grocery
91 Martin Luther King Jr. Drive, Jersey City

8 New Brothers Super World
61 Martin Luther King Jr. Drive, Jersey City

La Mia Grocery
503A Martin Luther King Jr. Drive, Jersey City

BergenLine Supermarket
8107 Bergenline Avenue, North Bergen

The recalled Topps frozen hamburgers found at these stores are part of a 21.7-million-pound recall, one of the largest in U.S. history. This recall got far more publicity than most because of its size and because 40 cases of E. coli O157:H7 were associated with the recalled hamburgers, and yet these stores had not pulled the recalled frozen hamburgers out of their freezers. If Super Good Luck Grocery wants to live up to its name, it had better get recalled food products out of its store.    

In late September Topps Meat Company recalled almost 22 million pounds of frozen hamburger patties that had been produced over a one-year period due to possible contamination with E. coli O157:H7. According to Dr. Kenneth Petersen, USDA-FSIS Assistant Administrator, Office of Field Operations, FSIS has “nailed down” the facts and believes the contamination was a product of inadequate testing, unsafe grinding procedures, and inadequate training of FSIS meat inspectors:

• Topps cut back on the testing of meat for E. coli O157:H7. Two years ago, before cutting back on testing, Topps was only receiving beef parts for processing that had tested negative for E. coli O157:H7. In addition, Topps was doing monthly testing of incoming product as a separate check.
• Topps began grinding product that had tested negative for E. coli O157:H7 with product that was not tested. According to Dr. Peterson, “And so that doesn't mean that product that wasn't tested wasn't negative, but it means they don't know the status of it and so, over time, it introduces the opportunity certainly for contamination to go into their product. And when that kind of thing happens, we're going to have significant questions about obviously what they're doing. But that's the kind of situation that would lead you to have a one-year recall.”
• FSIS inspectors were at the plant one or two hours a day, but did not cite the company for inadequate testing or unsafe grinding procedures. According to Dr. Petersen, “Did we here in headquarters sufficiently communicate to those inspectors that, here are the kind of things you should be looking for when you look at these programs? You know, when a plant says, we have these controls in place, what kind of documentation exactly should they be looking at?  And so in relooking at our training, we're giving them better clarity on what they should exactly be looking for so that these things don't get missed.”  

There have been two new recalls of ground beef:

1. J & B Meats Corporation Inc. has recalled approximately 173,554 pounds of frozen ground beef products because they may be contaminated with E. coli O157:H7. The recalled ground beef was sold to Sam’s Club and other retail establishments under the Topps and Sam’s Choice brands. More information on the Topps and Sam’s Choice ground beef and E. coli outbreaks associated with Sam’s Club hamburgers can be found on our website, www.pritzkerlaw.com.
2. Arko Veal Company has recalled approximately 1,900 pounds of ground beef products because they may be contaminated with E. coli O157:H7. The recalled ground beef was distributed to restaurants in Alabama, Georgia, North Carolina and South Carolina. There have been no reports of illness.

If you or your child has been diagnosed with E. coli, the likely source of the E. coli is ground beef. In addition to these recalls, over 27 million pounds of ground beef have been recalled in the last few months. To determine the source of the E. coli infection and pursue those responsible, it is critical for you to have DNA fingerprinting done on the E. coli that sickened you or your child. Please contact Pritzker | Ruohonen for information regarding DNA fingerprinting, E. coli lawsuits, or any other legal matter related to your or your child’s E. coli infection. Our toll-free number is 1-888-377-8900, or contact one of our E. coli lawyers by submitting the firm’s online consultation form.

Pritzker | Ruohonen is currently representing victims of Minnesota E. coli outbreaks linked to ground beef. The firm is a Minnesota personal injury law firm with extensive experience with E. coli litigation, including cases involving hemolytic uremic syndrome (HUS). If your child has been sickened by hamburgers sold at Sam’s Club, contact Pritzker | Ruohonen toll-free at 1-888-377-8900 or at 612-338-0202. If you call after hours, our on-call attorney will contact you as soon as possible. If you would prefer, you can submit the firm’s online consultation form. An attorney will review the form and contact you.  The firm represents victims of E. coli outbreaks throughout the United States.

The Minnesota Department of Health issued a press release today regarding E. coli cases in Minnesota associated with American Chef’s beef patties sold at Sam’s Club stores in the Minneapolis/St. Paul area, including Sam’s Club stores in Eagan, Maple Grove and White Bear Lake (other stores may also have sold contaminated hamburgers).  These cases are not connected to the E. coli outbreak linked to Topps beef patties. The following is from the press release:

[Minnesota] health and agriculture officials are investigating four cases of E. coli O157:H7 infection in Minnesota children associated with eating ground beef patties purchased from Sam’s Club stores in August and September.

All four cases were related to pre-made frozen ground beef patties purchased at Sam’s Club stores in the Twin Cities metro area. The people became ill between September 10 and 20 after consuming the meat. The brand name of the implicated frozen ground beef patties was “American Chef’s Selection Angus Beef Patties.”

All four cases were children. Two of the cases developed hemolytic uremic syndrome and were hospitalized. One case has been discharged and one remains hospitalized.  [For information regarding compensation for medical expenses, loss of earnings, and pain and suffering, contact a lawyer at Pritzker | Ruohonen at 1-888-377-8900 or 612-338-0202.  Compensation in an E. coli lawsuit should include amounts for future expenses and future pain and suffering. Attorney Rich Ruohonen has recently chaired a legal seminar on pain and suffering issues.]

“The Sam’s Club stores currently involved include the Eagan, Maple Grove and White Bear Lake stores. However, we can’t be certain that meat from other stores is not involved, since the brand of implicated frozen ground beef patties was likely sold at other Sam’s Club locations,” said Heidi Kassenborg, Acting Director of the Dairy and Food Inspection Division of the Minnesota Department of Agriculture (MDA).

American Chef’s Selection Angus frozen Ground Beef Patties that were purchased on or after August 26, 2007 from a Sam’s Club store, whether still in the refrigerator or freezer, should not be used, but should be discarded or returned to the store, officials said.  [E. coli is not killed by freezing temperatures, so any recalled Sam's Club hamburgers you have are potentially dangerous and need to be discarded or returned BUT ONLY IF YOU ARE SURE NO ONE HAS BEEN SICKENED.  The incubation period for E. coli is at most 10 days.  After that time, you should dispose of or return the recalled Sam's Club hamburgers.] 

“Thorough cooking kills E. coli bacteria. However, we know that some of this meat was contaminated so it is safer to eliminate the risk altogether by recommending that people not consume the meat,” said Kirk Smith, Supervisor of the Foodborne Illness Unit with MDH.

As a precautionary measure, Sam’s Club has voluntarily removed American Chef’s Selection Angus Frozen Ground Beef Patties from all of their stores and is cooperating fully with the investigation. MDA is working with the U.S. Department of Agriculture to determine the source of the product contamination.

Sam’s Club customers are urged to return or destroy any American Chef’s Selection Angus Ground Beef Patties purchased at any of their stores since August 26, 2007. Customers should return the product to any Sam’s Club immediately for a full refund. A receipt is not required.  [Again, if you have recalled Sam's Club hamburgers, do not return or discard them until you are sure no one was sickened.  If someone is diagnosed with an E. coli infection, contact Pritzker | Ruohonen.] 

Symptoms of E. coli O157:H7 illness include stomach cramps, which can be severe, and diarrhea. Diarrhea begins as loose, watery stools, with stools often turning bloody within 1-3 days. E. coli O157:H7 disease sometimes leads to a serious complication called hemolytic uremic syndrome (HUS), which can include kidney failure. People typically become ill two to five days after eating contaminated food. E. coli disease should not be treated with antibiotics, which can cause additional complications.

People who have developed those symptoms after consuming this American Chef's hamburgers from Sam's Club should contact their physician.  [Contact Pritzker | Ruohonen for information regarding testing that will need to be done to link your case of E. coli to Sam's Club hamburgers and/or the other recalled Topps hamburgers.]