Cantaloupe Listeria Outbreak Q & A with Attorney Ryan Osterholm

The cantaloupe Listeria outbreak that has sickened at least 55 people, eight of whom have died, in 14 states is being investigated by state and federal officials and by the law firm PritzkerOlsen P.A. Attorney Ryan Osterholm answers questions about what's involved with a foodborne illness investigation.

How do law firms investigate outbreaks of foodborne illness?
We consistently monitor the information coming out of the CDC, state health departments and other agencies and the information doctors give to our clients. We have established working relationships with nearly every health department in the country and we frequently hire the best experts in the world to analyze information that determines whether a specific case case is part of an outbreak.

The ongoing cantaloupe Listeria outbreak is the first of its kind. Does that present unique challenges in this investigation?

It does and it doesn’t. The first course of action is to find out how this happened so that it can be prevented from happening again. We’ve seen lots of Listeria outbreaks involving other foods and lots of cantaloupe outbreaks caused by other pathogens. Even though this combination is a first, in terms of proving a case, it’s not that much different.

Unlike other bacteria that can cause foodborne illness, Listeria can be found everywhere in the environment, does that make it harder to trace the source of the contamination?

In terms of proving that Listeria was on the Jensen Farms product, what’s most important is the epidemiological evidence, the correlation between eating the cantaloupe and developing listeriosis. Discovering the nature of how the contamination occurred is not as important as the good old fashioned epidemiology. However, once we have a positive test from the product, that just backs up the epidemiology. It is sort of a smoking gun.

Why are PritzkerOlsen attorneys considered Listeria experts?

PritzkerOlsen attorneys have represented individuals sickened by Listeria in almost every major outbreak in the country, including one case where Fred Pritzker settled a case for $2.7 million after an 81-year-old man died after he contracted listeriosis from contaminated food.

What can consumers do to protect themselves from foodborne illness?
Consumers should follow the safe food handling guidelines as outlined by the CDC.

They are:

  • Rinse raw produce, such as fruits and vegetables, thoroughly under running tap water before eating. Dry the produce with a clean cloth or paper towel before cutting them up.
  • Thoroughly cook raw meat and poultry.
  • Heat hot dogs, deli meats, and cold cuts until they are steaming hot just before serving.
  • Do not drink raw (unpasteurized) milk, and do not eat fresh soft cheeses that have unpasteurized milk in them, especially Mexican style cheeses like queso fresco.
  • Be sure that your refrigerator is at or below 40 degrees F and your freezer is at or below 0 degrees F by using a refrigerator thermometer.

For melons not part of this recall, follow this general advice for melon safety:

  • Consumers should wash their hands before and after handling any whole melon, such as cantaloupe, watermelon, or honeydew.
  • Wash the melons and dry them with a clean cloth or paper towel before cutting.
  • Cut melon should be promptly consumed or refrigerated at or less than 40 degrees F (32-34 degrees F is best) for no more than 7 days.
  • Cut melons left at room temperature for more than 4 hours should be discarded.

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