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

The Listeria outbreak linked to Whittier Farms milk took the lives of 4 people, 3 elderly men and an unborn baby. A recent article in the Worcester Telegram provides a look at how epidemiologists (infectious disease “detectives”) at the Massachusetts public health laboratory uncovered the source of the outbreak using DNA fingerprinting:

State health workers had little to go on when they began their investigations in November, and no idea that a sample of pasteurized milk would eventually be tied to an outbreak lasting at least six months and involving three counties.

. . . Health officials said their first evidence of an outbreak also wound up breaking the case. That happened in November when the family of an elderly man who had fallen ill told hospital officials he may have consumed unpasteurized apple cider purchased at a farm stand in Norfolk County. Hospital staff advised the family to bring the cider to local health officials. The family brought in both the cider and a bottle of coffee-flavored milk purchased at the same stand. The local health agent sent the samples on to the state lab.

. . . To track down the bacterial culprits, epidemiologists began work on the fourth floor of the state lab. The organisms that are cultured from the milk and cider samples are put in a solution, which is heated up to release DNA, according to Dr. Linda Han, director of the lab’s Division of Microbiology. The DNA is placed in a dish with gel to sit for a day. The gel-encased DNA then is cut up by enzymes, a process that takes about two hours.

Next, the DNA was placed in a four-sided GEL DOC 2000, a pulsed-field gel electrophoresis (PFGE) machine, to obtain a genetic fingerprint. Over 20 hours, the machine sent alternate electrical pulses to the DNA, one side at a time. The ultraviolet light made the DNA “glow,” and a specialized software program photographed the deadly bacteria’s unique “barcodes.” The barcodes — or fingerprints — were uploaded into a computer, and laboratorians (laboratory analysts, technicians and scientists) then see whether they matched other genetic profiles already in the system.

. . . Officials were amazed when they discovered that the fingerprint of listeria bacteria in the milk sample provided by the patient’s family exactly matched the fingerprint of listeria found in a milk sample taken from the Whittier bottling plant.

While epidemiologists were required to go back 120 days to see whether there were any other genetic matches, they looked back several months more than that, and determined there were matches with four other patterns in their database.

We commend the epidemiologists and others who uncovered the source of this outbreak and went beyond what was required to find victims from as far back as June of 2007. Our experience is that knowing the source of a loved ones illness gives the families some closure and aids in the healing process. To contact a lawyer about a Listeria lawsuit, please call our firm toll-free at 1-888-377-8900 or submit the firm’s free case consultation form.

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Whittier Farms, source of a widespread Listeria outbreak in Massachusetts, has started to sell milk again at its farm store, but not milk from the dairy.  Wayne Whittier, owner of Whittier Farms has stated that “the milk production and bottling plant, it won’t be a place where Whittier Farms will operate again.”

According to the Worcester Telegram,

He indicated that the family hasn’t decided if it will resume production elsewhere someday. He noted that recipes for Whittier specialties, such as chocolate milk and eggnog, are being kept in a safe place.

The Whittier Farms outbreak has been linked to a contamination of Listeria in coffee-flavored and other specialty milks, occurring after the pasteurization process.  Three men died along with two pregnant women, including one miscarriage due to listeriosis.

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The Listeria outbreak linked to pasteurized milk products from Whittier Farms has brought to light the dangers of pasteurized food.  Health officials believe that the contamination of the Whittier Farms milk happened during processing, after pasteurization.  Although pasteurization killed any pathogens in the milk, contamination still occurred during the bottling process. 

Even though post-pasteurization contamination can occur, pasteurized milk is still safer than raw milk.

The pasteurization process effectively kills many pathogens, including Listeria, in milk,  Food safety advocates are generally pro pasteurization and against the sale of raw milk.  The FDA has nothing good to say about raw milk:

Pasteurization, since its adoption in the early 1900s, has been credited with dramatically reducing illness and death caused by contaminated milk. But today, some people are passing up pasteurized milk for what they claim is tastier and healthier "raw milk."

Public health officials couldn't disagree more.

Drinking raw (untreated) milk or eating raw milk products is "like playing Russian roulette with your health," says John Sheehan, director of the Food and Drug Administration's Division of Dairy and Egg Safety. "We see a number of cases of foodborne illness every year related to the consumption of raw milk."

More than 300 people in the United States got sick from drinking raw milk or eating cheese made from raw milk in 2001, and nearly 200 became ill from these products in 2002, according to the Centers for Disease Control and Prevention.

Raw milk may harbor a host of disease-causing organisms (pathogens), such as the bacteria campylobacter, escherichia, listeria, salmonella, yersinia, and brucella. Common symptoms of foodborne illness from many of these types of bacteria include diarrhea, stomach cramps, fever, headache, vomiting, and exhaustion.

Proponents of raw milk believe pasteurized milk is unhealthy, as indicated by this passage found on the website BecomeNatural.com:

Pasteurization destroys enzymes, diminishes vitamin content, denatures fragile milk proteins, destroys vitamins C, B12 and B6, kills beneficial bacteria, promotes pathogens and is associated with allergies, increased tooth decay, colic in infants, growth problems in children, osteoporosis, arthritis, heart disease and cancer.

The raw milk debate has been brought before federal courts. According to Marketwire,

The public health community has been united in stating that consumption of raw milk is not healthful, but, in fact, is harmful. This matter has been litigated and, in the matter of Public Citizen vs. Heckler in 1986, the Federal District Court concluded that the record presents "overwhelming evidence of the risks associated with the consumption of raw milk both certified and otherwise."

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There a rising concern in both the United States and the European Union (EU) about the risk of Listeria contamination. Listeriosis has recently caused the deaths of three elderly men and a miscarriage due to the Whittier Farms outbreak in the United States.  In Europe, the occurrence of listeriosis has increased 8.6%.

The European Food Safety Authority (EFSA) released a report warning manufacturers and consumers of the dangers of Listeria and offered advice to protect against outbreaks like Whittier.  According to Dairy Reporter,

The EFSA panel recommended that to better assess the risk of the foods responsible for listeriosis it was necessary to investigate listeriosis cases more thoroughly and generate and analyze data on the consumption in the EU of ready-to-eat foods in which Listeria can be found.

Storage temperature at retail and in domestic refrigerators can also vary significantly, raising the risk of growth of the bacteria, said the report. The panel also advised that consumers should take care to keep food at recommended storage temperatures at all times, and take note of the shelf-life of food in their refrigerators.

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It has long been known that the pasteurization process effectively kills many pathogenic organisms, including the bacteria Listeria monocytogenes, which should make pasteurized milk and other products safe for human consumption.  However, an outbreak of listeriosis in Massachusetts has lequestioned the safety of pasteurized milk.  Pasteurized milk products from Whittier Farms resulted in the deaths of three elderly men and sickened two pregnant women, resulting in one miscarriage. 

Pasteurization is by no means cutting edge technology, developed by Louis Pasteur and Claude Bernard in 1862. Listeria outbreaks are also anything but new to Massachusetts. A Listeria outbreak occurred in the state in 1983. The source of the 1983 outbreak was whole and 2% pasteurized milk.

In 1988, the CDC’s Morbidity and Mortality Weekly Report released a story dealing with the effectiveness of pasteurization to control listeriosis. The CDC evaluated multiple studies testing varying amounts of Listeria contamination in milk and concluded that the process does indeed protect against listeriosis.  The report also quoted the World Health Organization (WHO) Working Group on foodborne listeriosis which stated that "pasteurization is a safe process which reduces the number of L. monocytogenes occurring in raw milk to levels that do not pose an appreciable risk to human health."

The United States and the WHO agree that pasteurization works. Even though the process has been proven to work through scientific experiments, Massachusetts seems to have a problem keeping Listeria out of pasteurized milk, most recently in products from Whittier Farms.

Whittier Farms has undergone intense investigation to get to the source of the contamination. According to an article from the Worcester Telegram:

The findings do not pinpoint where contamination of the milk occurred, according to state officials, but they do suggest that listeria bacteria colonized somewhere in the processing plant, and entered the milk products at some point after pasteurization and during the production process.

The findings show that the pasteurization process is not to blame. There were problems at Whittier with introducing Listeria to the milk after the process had killed the bacteria previously present in the milk. If Listeria is going to find its way into processed milk, why pasteurize it to begin with?

To quote Louis Pasteur, “Let me tell you the secret that has led me to my goal.  My strength lies solely in my tenacity.” Pasteur invented a process that effectively eliminates bacteria such as Listeria, but to reach the goal of fully preventing the contamination of milk in the nation’s dairies, the government and dairies themselves will require tenacity and determination to protect products after the pasteurization process.

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Although the Listeria outbreak originating with Whittier Farms has questioned the safety of the nation’s dairy supply, new technology holds the promise of protecting fresh produce from the potentially lethal bacteria among other pathogens.  PureRay Lighting Technology from Global Warming Solutions replaces florescent lighting to dramatically increase the shelf life of produce, all while reducing energy costs.

According to PR-inside.com,

The PureRay Light system is a proprietary design comprised of light-emitting diodes (LEDs) assembled in arrays. Since the light itself is safe, PureRay could be deployed in production facilities, transportation and storage systems and display areas in stores.

PureRay either kills or suppresses pathogens such as Listeria monocytogenes, as well as E. coli, blue mold and yeasts.  The technology reduces the spoiling rate of produce and stimulates its natural life processes which keep it fresh longer.  The light also protects deep inside the produce tissue, not just on the surface.

The company behind PureRay, Global Warming Solutions, maintains an emphasis on reducing the effects of global warming, and PureRay will save energy consumption in a variety of ways.

PureRay lighting systems could replace fluorescent tubes in refrigerated or non-refrigerated display cases and shelves. Besides prolonging the shelf life of fresh produce by up to 50%, PureRay offers 15% energy savings over traditional under-shelf lighting solutions. PureRay offers significant improvements in energy efficiency, life-time of the lighting fixture, customer safety, product illumination, scalability and design flexibility, helping grocers meet targets for reducing their carbon footprint.

PureRay could be the next step to increasing food safety of fresh produce.  Added measures to kill and suppress Listeria contamination can save lives, as the results of the Whittier outbreak has shown consumers.  There have been four deaths associated with the Whittier Farms Listeria outbreak--three elderly men and an unborn baby.  Read about Listeria miscarriage and Listeria wrongful death.

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Massachusetts state health officials think they may have pieced together the evidence to explain how milk produced at Whittier Farms became contaminated with a lethal strain of Listeria.  The outbreak has already led to the death of three elderly men and a miscarriage.

Samples taken from the Whittier Farms plant showed that the strain of Listeria found in the five victims was identical to a strain found on the floor of the plant and in equipment used after pasteurization. The same strain was also found in seven unopened containers of milk that were on shelves at the retail store next to the plant. Different strains were also found in the plant, but had no relation to the reported illnesses.

According to the Boston Globe,

State investigators said they were unsure how listeria made its way inside the Whittier plant, which had received good marks in earlier inspection reports. Perhaps workers carried it on their clothing or shoes from elsewhere on the farm, said Suzanne Condon, the top environmental health official at the state Department of Public Health. Another possibility: Spray hoses used for cleaning might have disseminated the germ.

Although it is not known how the events of Listeria entering the plant and then contaminating pasteurized milk occurred, this new evidence gives officials the best idea of what exactly happened at Whittier Farms.  The diary is still under intense investigation until all the pieces of the puzzle are able to be put together.

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With the outbreak of Listeria monocytogenes in pasteurized milk products from Whittier Farms looming over the food safety world, a new study suggests safer and more effective ways of killing the bacteria during the pasteurization process.  A study conducted by L. Huang and J. Sites published in the Journal of Food Science showed the effective elimination of Listeria from hotdogs with a new infrared pasteurization process.

The study was directly aimed at ready-to-eat meats such as hotdogs in order to kill Listeria on the surface of the meats.  The process utilized an infrared emitter, a hotdog roller, an infrared sensor, and a temperature controller. The sensor monitored the surface temperature of the hotdogs while the emitter was the heating source.

According to the article:

The infrared surface pasteurization was evaluated using hotdogs that were surface-inoculated with a 4-strain L. monocytogenes cocktail to an average initial inoculum of 7.32 log (CFU/g). On the average 1.0, 2.1, 3.0, or 5.3 log-reduction in L. monocytogenes was observed after the surface temperature of hotdogs was increased to 70, 75, 80, or 85 °C, respectively. Holding the sample temperature led to additional bacterial inactivation. With a 3 min holding at 80 °C or 2 min at 85 °C, a total of 6.4 or 6.7 logs of L. monocytogenes were inactivated.

The infrared pasteurization was successful in killing the bacteria that contaminated the surface of the hotdogs. Since the Whittier outbreak has shaken consumer confidence in the pasteurization process, it is good to see that pasteurization procedures are being reevaluated to provide a safer food source.  (We are aware that the Listeria contamination at Whittier Farms most likely happened post pasteurization.  Even so, the outbreak suggests the need to review pasteurization procedures.)

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The continuing investigation into the Listeria monocytogenes outbreak at Whittier Farms leads experts to believe that contamination may be due to cleaning procedures at the dairy. The Massachusetts Department of Public Health (MDPH) took more than 100 environmental and milk samples from the dairy, revealing definite connections between the strains found at the plant and five cases of listeriosis.

According to Medical News Today,

So far nine samples from the plant have tested positive for the same strain of Listeria that was found in four of the five people who fell ill with Listeriosis after consuming products from the plant. No sample was available to test the fifth case, a 31 year old woman who has since made a full recovery and been delivered of a healthy baby.

It is also important to note that three of the cases involved the death of elderly men and a fourth case led to a miscarriage.

No concrete evidence narrows the exact source of contamination, however three of the four positive Listeria tests taking from the dairy were found in sections of the processing plant that dealt with milk after the pasteurization process.

In a recent press release by MDPH it was stated that

The presence of Listeria in the physical plant of the facility is consistent with contamination occurring during post-pasteurizing processing and bottling. One theory under consideration by health officials is that cleaning activities at the plant may have unintentionally caused contamination of the processing equipment allowing bacteria to enter the finished milk products.

Most of the positive samples at the dairy were found in flavored milk products. Public health investigators believe that the sugar content in the flavored milks may have provided an environment conducive to the growth of Listeria.

Other than the five reported cases of listeriosis, no new cases have been reported. Any cases involving the contaminated milk can be used in a lawsuit against Whittier Farms. Food safety attorney Fred Pritzker has recovered millions for victims of foodborne illness outbreaks. He is also an advocate for food safety. To contact Fred, please call toll-free at 1-888-377-8900 or submit the firm’s free case consultation form.

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The recent Listeria outbreak linked to Whittier Farms pasteurized milk is a reminder that no food is completely safe from foodborne pathogens. The outbreak has killed four people, 3 elderly men and an unborn baby. (Learn about Listeria miscarriage and Listeria wrongful death.)

Pasteurization is supposed to kill any foodborne pathogens present in the raw product. However, contamination can occur after the pasteurization process, which is undoubtedly what happened in this case. Listeria contamination occurs when a processing facility is not kept clean enough to kill any Listeria monocytogenes bacteria that may have found its way into the plant. Listeria can lurk in drains, registers, equipment and other areas.

The Massachusetts Department of Public Health investigation into this outbreak used genetic fingerprinting tests to connect the deaths with Whittier Farms milk. The outbreak strain of Listeria monocytogenes (each outbreak has a unique strain) has been found in samples obtained from those sickened, milk found at a victims home, and milk found at the Whittier Farms processing plant. These results can be used as evidence in a Whittier Farms lawsuit.

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The Massachusetts Department of Public Health (MDPH) continues its investigation into the Listeria outbreak linked to contaminated Whittier Farms milk. According to the MDPH, additional samples of milk products and several environmental samples taken at the Whittier Farms milk processing plant have tested positive for Listeria monocytogenes.

The following is from a MDPH press release regarding this Listeria outbreak.

The processing plant, located in Shrewsbury, Massachusetts remains closed and will not re-open until cleared to do so by the MDPH Food Protection Program and U.S. Food and Drug Administration (FDA) Regional Milk Specialists.

One environmental swab, one sample of skim milk and seven flavored milk samples tested positive for the same strain of Listeria found in four of the five cases linked to this outbreak. No sample was available to test in the fifth case linked to the outbreak — a 31 year-old pregnant woman from Middlesex County who drank Whittier milk products and was diagnosed with listeriosis, with a positive culture for the bacteria in September. The woman delivered a healthy child, and mother and child are well.

More than 100 environmental and milk samples were taken from the processing plant as part of the investigation. A total of twelve milk samples and four environmental samples tested positive for varying strains of Listeria contamination (see summary below).

The findings do not pinpoint where the contamination of the milk occurred, but they do suggest that Listeria bacteria colonized somewhere in the processing plant and that the bacteria entered the milk products at some point during the production process. Records indicate that the plant’s equipment met federal standards for time, temperature and flow for effective pasteurization, however, pasteurization at the processing plant will be further examined.

The presence of Listeria in the physical plant of the facility is consistent with contamination occurring during post-pasteurizing processing and bottling. One theory under consideration by health officials is that cleaning activities at the plant may have unintentionally caused contamination of the processing equipment allowing bacteria to enter the finished milk products. Three of the four positive environmental tests for Listeria were collected from sections of the plant that are considered part of the post-pasteurization areas of the facility.

Public health investigators are also closely scrutinizing the lab results from Whittier milk products to determine why most of the Listeria positive milk samples were found in flavored milk products. Health officials theorize that the sugar content of the flavored milk products provided an environment that enhanced bacterial growth.

The Listeria outbreak linked to milk products produced at Whittier Farms represents the first such foodborne outbreak connected to a Massachusetts food processing plant in more than 20 years. Five cases have been linked to the outbreak including three elderly men and two pregnant women. The three elderly men have died.  [Read about  Listeria miscarriage ,  Listeria wrongful death, and a Whittier Farms lawsuit.]

No new cases have been identified as part of the outbreak investigation.

Health officials stressed the risk to public health remains low because Whittier Farms halted milk processing operations immediately after being informed by the MDPH about the link to the current outbreak. They also emphasized that an outbreak of Listeria in pasteurized milk products is extremely rare; the source of the outbreak appears to be confined to the Whittier Farms milk processing plant; and they believe the general milk supply is safe.

The MDPH staff continue to work with Whittier Farms on the investigation and will work with the Farm’s management on a recovery plan for the Shrewsbury processing plant. Milk processing will not take place until efforts to eradicate the bacteria at the plant are complete, and testing has confirmed that milk products produced at the facility are safe.

Massachusetts public health officials also continue to work with other agencies, including U.S. Food and Drug Administration and the Massachusetts Department of Agricultural Resources to complete the investigation and review whether changes are needed in current state regulations or in the federally mandated inspection and testing processes for dairy farms and plants.

Summary of Listeria Positive Laboratory Tests

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Officials from the Massachusetts Department of Public Health are hopeful that the Listeria outbreak linked to Whittier Farms milk is contained, but warn that the outbreak may not yet be over, according to the Worcester Telegram. A warning to consumers was issued on December 27 about the outbreak, and since then the death of three men and a woman’s miscarriage has been linked to the Listeria outbreak.

Listeria can incubate for up to 70 days, which will be March 6 or later in this outbreak. Whittier Farms has been ordered to shut down milk production and cannot resume until the plant is cleared by state officials. Whittier Farms provided milk for 31 wholesale accounts, which have since switched to different providers due to the outbreak.

Dr. Alfred DeMaria, director of Communicable Disease Control of the state’s Department of Public Health, insists on keeping a strict watch on the case for at least three more months. Health officials have also revealed that the listeriosis victims were a 75-year-old man who died in June, a 78-year-old man who died in October, and an 87-year-old man who died last Thursday. A pregnant woman’s miscarriage last year was also linked to the outbreak. Another pregnant woman, 31 years old, is also a possible fifth case involved. The woman and her baby are doing fine, according to state health officials.

More than 100 samples were taken from the dairy last week to pinpoint the source of the outbreak and the results are due later this week. Dr. DeMaria also stated that the deaths have been linked to 1% milk and coffee flavored milks produced by Whittier Farms, but other products may also be contaminated. The bacteria in all the cases are identical, which is evidence of an outbreak, according to DeMaria. 

Whittier Farms has kept it stores and farms open for the sale of non-dairy items throughout the outbreak. The dairy has had no previous issues concerning a Listeria outbreak. The state conducts regular inspections of the plant and has previously praised the dairy for its cleanliness and timely response to minor violations.

The outbreak centers on pasteurized milk, only the third such Listeria outbreak in the country’s history, according to Dr. DeMaria. The first outbreak occurred between June and August of 1983, resulting in the death of 14 people. Pasteurized whole and 2% milk was linked to be the source in the outbreak. The second outbreak occurred in 1994, resulting in no deaths, but four hospitalizations due to drinking Listeria contaminated pasteurized milk.

The Whittier Farms outbreak is only the third case in United States history to be linked to pasteurized milk. The Centers for Disease Control and the World Health Organization still maintain that pasteurization kills Listeria bacteria and is a safe process to adequately prevent foodborne illnesses due to Listeria contamination.

Pritzker Law, a leading food safety litigation law firm, has extensive experience with Listeria cases.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.  Read more about the Whittier Farms Listeria outbreak and a possible Whittier Farms lawsuit.

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A third man has died from a Listeria infection (listeriosis) that has been linked to Whittier Farms milk. According to a story in the Boston Globe:

An 87-year-old Norfolk County man has died from a bacterial infection [listeriosis] linked to tainted milk from a mom-and-pop dairy [Whittier Farms in Central Massachusetts], the third death related to the outbreak, state health authorities reported this afternoon.

Two other elderly men died earlier from listeriosis linked to Whittier Farms milk, and an unborn child died when the child’s mother contracted listeriosis. People seriously sickened by Listeria are usually the elderly, people with compromised immune systems, pregnant women and unborn infants. Contact one of our attorneys for information on Listeria cases we have handled involving pregnancy and wrongful death.

This listeriosis outbreak has now sickened at least 5 people, according to the Boston Globe:

State disease investigators also reported today that the total number of cases of listeriosis attributed to the milk has risen by one, to five. A 31-year-old Middlesex County woman was diagnosed with the disease in September while in the hospital to deliver a baby, said Dr. Alfred DeMaria, the state's director of communicable disease control. Investigators connected her to the milk after discovering that she had consumed 2 percent and whole milk made by Whittier.

The 31-year-old woman and her baby are both healthy, as is a 34-year-old woman whose illness was previously linked to the outbreak. That woman, though, suffered a miscarriage after exposure to the bacteria.

Pritzker Law, a leading food safety litigation law firm, has extensive experience with Listeria cases.  To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.  Read more about the Whittier Farms Listeria outbreak and a possible Whittier Farms lawsuit.

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The Massachusetts Department of Public Health (MDPH) has reported no new cases of listereosis from milk produced by Whittier Farms, according to WCVB TV in Boston. Four cases between June and November have been linked to Whittier Farms milk, but no new cases have been reported. Two elderly men died, one woman had a miscarriage (see information on Listeria and pregnancy) and another elderly man was sickened.

According to a Boston Globe report:

Genetic fingerprinting conducted at the state laboratory has indicated that a milk [coffee-flavored] sample collected at Whittier Farms dairy two weeks ago, a sample taken in November from a bottle in a victim's refrigerator, and blood drawn from the four patients all harbored exactly the same type of listeria, a striking discovery, state disease trackers said.

Whittier Farms has shut down production until the source of contamination is identified and fixed. MDPH released a health advisory on December 27 warning all customers to discard products from Whittier Farms immediately. 

Whittier Farms products are sold under the brand names of Whittier, Schultz, Balance Rock, Spring Brook, Model Dairy and Maple. Whittier Farms products include whole milk, 2 percent, 1 percent, skim and heavy cream with flavors of low fat chocolate, coffee, strawberry, vanilla and eggnog. As stated in the Boston Globe report, the outbreak-strain of Listeria was found in Whittier Farms coffee-flavored milk.

Our firm is monitoring this Massachusetts outbreak.  To contact a Listeria attorney at the firm, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.  Attorney Fred Pritzker has significant experience litigating Listeria cases.  He has a national reputation and has been interviewed by The New York Times, The Wall Street Journal and other publications.  Media may contact him at the toll-free number above.

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Health officials have found a smoking gun at Whittier Farms, a dairy that has now been linked to 4 cases of listeriosis in Massachusetts, according to The Boston Globe:

Coffee-flavored milk taken from a cooler at a central Massachusetts dairy carried germs identical to bacteria that killed two elderly men and made two other people sick, according to state test results released yesterday that investigators said left little doubt about the dairy being the source of the infections.

Genetic fingerprinting conducted at the state laboratory has indicated that a milk sample collected at Whittier Farms dairy two weeks ago, a sample taken in November from a bottle in a victim's refrigerator, and blood drawn from the four patients all harbored exactly the same type of Listeria, a striking discovery, state disease trackers said.

"The pattern is very unique," said Dr. Alfred DeMaria, the state's director of communicable disease control. "It means there's an outbreak here. There's no question there's an outbreak. And it implies that the dairy is the common source.

State health investigators believe that the Listeria contamination happened after pasteurization, perhaps during the packaging process, the Boston Globe story states. This is typical of almost all cases of Listeria contamination of a food product where there is a kill step during processing. Unless the kill step (here pasteurization) is faulty, it should kill any foodborne pathogens, including Listeria. Contamination usually happens when an unsanitary condition (not washing hands, not cleaning equipment well, etc.) results in Listeria getting on or in the food.

Pritzker Law represents victims of Listeria outbreaks and the families of people who have died in Listeria outbreaks. If you would like a free consultation with a Listeria lawyer, please call toll-free at 1-888-377-8900 or submit the firm’s free case consultation form. If you would like to comment on this outbreak, Listeria, listeriosis, Whittier Farms or any food safety topic, please submit the comment form below.

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LISTERIA MONOCYTOGENES

Listeria monocytogenes (L. monocytogenes, referred to hereafter as Listeria) are foodborne bacteria with genus Listeria and species monocytogenes. Human illness caused by Listeria has been linked primarily with the consumption of unpasteurized milk, soft cheeses, ice cream, smoked fish and raw and ready-to-eat meat and poultry products. In the case of the Massachusetts Listeria outbreak associated with Whittier Farms, all of the people sickened and killed in the outbreak had consumed Whittier Farms pasteurized milk.

Listeria can be killed by cooking or pasteurizing food products; however, contact with Listeria bacteria after such a “kill step” will re-contaminate the product. This risk is heightened in food processing environments, where Listeria bacteria tend to thrive, particularly in floor drains and other cool, damp areas. According to health officials, they suspect the Whittier Farms pasteurized milk was contaminated after the pasteurization process.

In contrast to most other harmful bacteria, Listeria will grow slowly on foods stored in a refrigerator, and freezing has very little detrimental effect on the organism.

LISTERIOSIS

Listeriosis is the disease caused by ingesting Listeria bacteria. Listeriosis is clinically defined when the organism is isolated from blood, cerebrospinal fluid, or an otherwise normally sterile site (e.g. placenta and fetus). The elderly, immuno-compromised persons and pregnant women are particularly vulnerable to listeriosis. Initial symptoms of listeriosis include nausea, vomiting, cramps, diarrhea, headache, constipation and persistent fever. 

The disease frequently triggers sespticemia, pneumonia, and meningitis. In pregnant women, listeriosis usually causes a mild, flu-like illness followed by miscarriage, stillbirth, or bacteremia and meningitis in newborns.

Although listeriosis is relatively rare, it is one of the most deadly foodborne diseases, accounting for roughly 28% of all deaths resulting from foodborne illness. In the Massachusetts outbreak linked to Whittier Farms, 2 of the 4 people sickened in the outbreak died. Both of them were elderly.

The time period between consuming Listeria-contaminated food and the onset of listeriosis can be as long as 70 days. This makes it extremely difficult to pinpoint the source of a listeriosis outbreak (also referred to as a Listeria outbreak).

Attorney Fred Pritzker has successfully represented people sickened by Listeria outbreaks and the families of people who died after contracting listeriosis.  For a free consultation regarding legal representation by a Listeria attorney, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form.

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According to The Milford Daily News, the cases occurred in June, October and November. Three of the people sickened were elderly residents and one was a pregnant woman from Worcester county.  DNA fingerprinting conducted by the Massachusetts State Laboratory Institute showed that the Listeria bacteria causing these infections came from a common source.  Samples collected from Whittier Farms showed product contamination, according to The Milford Daily News.  

To contact a lawyer at our law firm for a free consultation, please call toll-free at 1-888-377-8900 or submit the firm's free consultation form.

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