University of Colorado Sorority Hit with E. coli Bug

Public Health Officials Investigating wave of E. coli cases

Boulder County Public Health (BCPH) is currently investigating a cluster of E. coli O157:H7 infections associated with students attending the University of Colorado at Boulder (CU). Since September 23rd, BCPH has investigated eight related cases.

Initial investigations indicate that on-campus dining is not related to the illness. BCPH staff is working closely with CU and the Colorado Department of Public Health and Environment (CDPHE) to identify the source of the outbreak and any additional cases among students and the public.  According to the Daily Camera, Initial investigations showed that on-campus dining isn't related to the outbreak, but health officials are still trying to identify the source. Of the eight cases, seven are CU students and one is a sorority adviser. Most of the affected students are members of the same sorority, which CU officials declined to name.

There have been recent E. coli outbreaks traced to steaks and lettuce.

The Haphazard Gourmet Girl is the New FDA

Melamine-tainted milk powder has contaminated products world-wide, from infant formula, cookies, tea, and candies.  The contamination has been blamed for the deaths of four children and kidney ailments among 54,000 others.  More than 13,000 children have been hospitalized, over 1,400 with kidney failure.  There have been four deaths.  And guess what?  The tainted powder can be found in food on store shelves in the US.  No recall?

As our government spends $700,000,000,000 on Wall Street, I guess it simply does not have the time nor the money to protect us from an industrial chemical blamed for sickening thousands of infants in China? Go figure.  Where is the FDA and our famous “food czar?”  My guess is they are all watching the stock market and their government retirements flush down the food safety toilet.

Were governments world-wide are pulling products containing the milk powder, the FDA could not be bothered.   Leave it to our new Superhero, “Eddie, the Haphazard Gourmet Girl” to swing into action when the FDA could not be bothered (lycra suit?).   She and her photographer did what the FDA seems incapable to do – take this stuff of store shelves before children eat it.   She first blogged about it a few days ago and then she made made FOX TV 11 in Los Angeles (click here or on picture on right).  FDA, where are you?

For those who forget, melamine, which is high in nitrogen, is used to make plastics and fertilizers and experts say some amount of the chemical may be transferred from the environment during food processing.  But in China's case, suppliers trying to boost output are believed to have diluted their milk, adding melamine because its nitrogen content can fool tests aimed at verifying protein content.  And remember this:

December 2007 - Sanlu Fonterra had first received complaints about its powdered baby formula.

March 2008 - Sanlu Fonterra had hired private companies to test its milk powder for contaminants.  Sanlu Fonterra never issued any public warnings and never stopped promoting its products.

May 18 - After the devastating earthquake in Sichuan Province, the Sanlu Fonterra made a much-publicized donation of $1.25 million worth of baby formula for infants orphaned or displaced by the catastrophe.

June 30 - A mother in Hunan Province had written a detailed letter pleading for help from the food quality agency, the General Administration of Quality Supervision, Inspection and Quarantine (organization that sponsored the Food Safety Conference I attended).  The letter, posted on the agency’s Web site, described rising numbers of infants at a local children’s hospital who were suffering from kidney stones after drinking powdered formula made by Sanlu Fonterra.  The watchdog agency's director, Li Changjiang, and several Communist Party officials in Hebei province, where Sanlu Fonterra is based, lost their jobs.

August 2 - Sanlu Fonterra officials informed the board about the melamine problem.

September - The New Zealand government, after discussions with Fonterra executives, contacted authorities in Beijing.  Beijing officials say they knew nothing about the scandal until September, though a Fonterra company spokesman said the company believed the central government knew in August.

September 9 – Recall announced.

September 29 - FDA does nothing, but the Haphazard Gourmet Girl swings into action.

Export Marler to China and Export E. coli Lettuce to Canada

Although still not quite in the right time zone, I was able to get a few lawsuits filed in the US, but still thinking how I might help the US Balance of Trade Deficit with China, by exporting a few lawsuits as well.  It seems, however, that US Industry has beat me to Canada.  The bagged and shredded lettuce the hospital used to make chopped salad for patients came from the same company (Aunt Mid's) that is believed to have distributed tainted lettuce in Michigan, Windsor-Essex County Medical Officer of Health Dr. Allen Heimann said at a news conference.

There were no confirmed E. coli cases on Wednesday, but health officials are asking anyone who was a patient at Met hospital between September. 9 and 12, who ate chopped salad there and is experiencing diarrhea, stomach cramps and vomiting - common symptoms of an E. coli infection - to see a doctor right away.  The hospital hopes to have by Friday a complete list of every patient who ate salad at the hospital during that time and has pledged to contact each one.  As many as 164 patients ate the possibly tainted lettuce, hospital officials said.

In the US, Michigan now confirms that there are now four cases in Kent County, nine cases at Michigan State University, five cases at the Lenawee County Jail, three cases in Washtenaw County- all of which are University of Michigan students- four cases in Wayne County, five in Macomb County and one case in Clare and Oakland Counties.  Of those cases, 13 have been hospitalized.  That is not counting the cases in Illinois, Ohio, New York and Oregon.

OK, so why is Aunt Mid's not telling us who supplied the lettuce?  My sources say it may well not be Michigan, the Central Valley of California, nor the Salinas Valley that are the source of the tainted-lettuce.  So, who is left?  FDA Food Czar, where are you?  Aunt Mid's, what you need is a nice lawsuit to get to the bottom of who supplied you the lettuce and got you into this pickle, Errrr, tossed salad.

It Is Not Just Chinese Companies That Kill Its Citizen Customers - Canada's Maple Leaf Has Now Killed 20 With Listeria

The number of deaths from a listeriosis outbreak that has been linked to a Maple Leaf Foods plant in Toronto has reached 20.  The Public Health Agency of Canada says the latest death occurred in Ontario, where 15 of the deaths have been reported.  Two deaths occurred in B.C., with one each in Alberta, Quebec and New Brunswick.  The health agency says six other deaths remain under investigation, all in Ontario.  The Maple Leaf Foods plant in Toronto where the Listeria bacterium was found deep inside slicing equipment reopened four weeks after being closed August 20.

Well, at least Canada has a functioning free press to report on this and a legal system that allows its citizens to seek compensation for illnesses and deaths.  Holding companies accountable through the press and the legal system is the only way that we can make them change thier behavior.

Governor Schwarzenegger Veto's SB 201 - The Raw Milk Bill is Dead

On August 21, 2008 I urged Governor Schwarzenegger to Veto SB 201. I learned a few moments ago that the Governor did just that.  Makes a life long Democrat think about switching to the other team.  Hopefully, the Senators will reconsider the bill and review some of the ideas I had outlined in a letter to them that I posted here on August 27, 2008.

Sometimes politicians do the right thing.  Here is the "Governator's" veto letter:

To the Members of the California State Senate:

I am returning Senate Bill 201 without my signature.

This bill weakens food safety standards in California, something I cannot support.

Last year I signed AB 1735, which passed the Legislature unanimously and put into law food safety standards for raw milk. Those standards are now in question by the proponents of this bill. Looking past the lobbying techniques, public relations campaign, and legal maneuvering in the courts, one conclusion is inescapably clear: the standard in place has kept harmful products off the shelves and California’s raw milk dairies have been operating successfully under it for the entirety of 2008.

Based on fears with no basis in fact, the proponents of SB 201 seek to replace California’s unambiguous food safety standards for raw milk. Instead they have created a convoluted and undefined regulatory process with no enforcement authority or clear standards to protect public health.

For these reasons, I cannot support this measure.

Sincerely,

 

Arnold Schwarzenegger

 

See Senator Florez's response:

Continue Reading...

Chinese Parents File Melamine Milk Lawsuit - Other Lawyers Urged to Quit Helping Victims

The Wall Street Journal reported a few moments ago that the parents of a 1-year-old boy sickened by tainted milk powder filed a lawsuit against the manufacturer, Sanlu, in what appears to be the first challenge to official efforts to keep the scandal out of China's courts. The suit was filed last week against dairy company Shijiazhuang Sanlu Group Co., but has yet to be accepted by the court. As is common in China, the filing isn't publicly available.

The family's attorneys, Zhang Xingkuan and Ji Cheng of Beijing's Deheng Law Office, declined to disclose the names of their clients. Mr. Zhang said they are seeking compensation of 150,000 yuan ($21,900) to cover hospital fees, travel expenses, time off from work and other costs. The attorney said that the parents claim the boy developed kidney stones from drinking Sanlu, and that they had more than 90 empty bags of Sanlu milk powder their son had consumed as proof.

The Sanlu lawsuit comes as some lawyers who offered to assist families of sickened children report being pressured to stay away from the issue. Beijing lawyer Li Fangping (who I met with last Saturday), who organized a group of over 120 volunteer lawyers around China to provide free legal advice to families affected by tainted milk, said he has received numerous calls from lawyers in the volunteer network who said they are facing pressure from local officials to refrain from getting involved.  For more interviews with Mr. Li Fangping see:

Advice to Chinese Parents -- 'Gather Evidence'

China milk victim lawyers say pressed to quit

E. coli Cases in Michigan, Illinois, New York, Oregon and Ohio Linked to Aunt Mid's Climbs to 40 - Aunt Mid's Refuses to Name Suppliers

The number of confirmed E. coli sickness cases continues to climb in Michigan. The Michigan State Department of Community Health says 30 cases with the same DNA fingerprinting have been identified. Some of the cases are from Michigan State University, the University of Michigan and the Lenawee County Jail. Other cases are in St. Clair County, Wayne County, Macomb County, Oakland County and Kent County.

The Centers for Disease Control and Prevention on Thursday informed the state health department that other states have E. coli cases with the same genetic link as the 30 in Michigan, six Illinois, two in Ohio and one each in Oregon and New York.  Health officials say some of the recent cases might be associated with industrial-sized packages of iceberg lettuce sold to restaurants and institutions from Detroit-based Aunt Mid's Produce Company.

Dominic Riggio told The Packer that “Aunt Mid’s traceback program is capable of tracking products back to the grower, but he declined to say where the company sourced its iceberg lettuce. Until contamination is verified we don’t want to damage our growers the way we’ve been damaged, without proof, by the Michigan Department of Community Health,” he said.  Also, to date non of the Aunt Mid's products that is still availalbe to test has tested postive for E. coli according to Aunt Mid.

Cadbury, The Company that in 2006 Brought You a Salmonella Recall Considers Legal Action Against Sanlu and Fonterra - Too Bad the Sick Chinese Children do not Have the Same Recourse

In 2006 Cadbury withdrew a million chocolate bars, which were found to be contaminated with a rare strain of salmonella.  Now faced with another recall of its product, Cadbury says it will consider taking action against a manufacturer in China if some of its products are found to be contaminated with the chemical melamine.  The chocolate producer has withdrawn its Chinese-made chocolate over fears the sweets contain traces of the industrial substance.

At the same time Cadbury considers its options, what options do Chinese parents have against Sanlu and Fonterra for injuries caused by the products containing melamine?   So far, according to Chinese reports, those products have caused the deaths of four infants in China and have made 55,000 Chinese babies ill, some 14,000 still hospitalized.  This is assuming that we actually believe these number are really not a gross under-count.

Here is a thought, why do not all suppliers and manufacturers (like Cadbury) of melamine-tainted products put the legal and moral interests of the children before their own?  Why not see that all of the children sickened are cared for before you protect yourself?  All of this reminds me of the Op-ed I wrote last year - "What China Needs is a Few Good Lawyers."

Besides milk being recalled, now it is cookies too.  Also, Lipton Milk Tea is being recalled.  I think I need to do a blog post, "Poisoned Coffee, Tea or Me?"

At least 39 E. coli Cases in Michigan, Illinois, New York, Ohio and Oregon and the Count Likely Will Continues to Rise

The number of confirmed E. coli cases continues to climb in Michigan and Illinois.  Numbers from New York, Ohio and Oregon have yet to be counted.  At least 39 cases with the same DNA fingerprinting have been identified in five states.   In Michigan, some of the cases are at Michigan State University, the University of Michigan and the Lenawee County Jail.   Other cases are in St. Clair County, Wayne County, Macomb County, Oakland County and Kent County.  The Illinois Department of Public Health says at least five Illinois residents have been hospitalized after contracting E. coli between late August and mid-September.  Aunt Mid’s Produce Company supplied the lettuce.  Where the lettuce was grown is still a mystery.  Seems a bit odd that at this point Aunt Mid's has not announced who they bought the lettuce from and where it was grown.  Where is the FDA?  However, look at the number of outbreaks and the locations of where lettuce is grown.  My bet is the Salinas Valley.  However, as I said to the Salinas Californian:

Bill Marler, a Seattle-based attorney specializing in product litigation, said his office has been retained by some of the people sickened during the outbreak.

Marler said he doesn't know the source of the lettuce and likely won't until health officials complete their trace-back.

"At this point it's all speculation about where it's coming from," Marler said.

The Illinois Department of Public Health is warning of E. coli risks from iceberg lettuce distributed by Aunt Mid's

Health officials say at least five Illinois residents were hospitalized after contracting the bacteria between late August and mid-September. A sixth also was infected by E. coli.  All reportedly ate iceberg lettuce supplied by Detroit-based Aunt Mid's Produce Company. Officials say there's no evidence suggesting grocery store lettuce is affected.  Aunt Mid's says initial results of its processing facility show no contamination.  Michigan health officials issued a public health alert Friday after E. coli sickened 26 people. Some of those who got sick ate lettuce from Aunt Mid's.

See "History of E. coli and Leafy Greens."  The hunt is on in California's Salinas Valley for the grower and processor of Aunt Mid's iceberg lettuce.  Is it also possible that it was "locally" grown in Michigan?  Grown in the Central Valley of California?  I would expect an announcement this week.

FDA Updates Health Information Advisory on Melamine Contamination

Well, I left at 4:00 PM on Saturday from Beijing after a week, landing in Seattle at 12:00 PM on Saturday - don't ask.  While in the air, the U.S. Food and Drug Administration (FDA) began alerting consumers that seven Mr. Brown instant coffee and milk tea products are being recalled by the Taiwanese company, King Car Food Industrial Co. Ltd., due to possible contamination with melamine. King Car Food Industrial Co. used a non-dairy creamer manufactured by Shandong Duqing Inc., China, which was found to be contaminated with melamine. The recalled products are:

Mr. Brown Mandheling Blend Instant Coffee (3-in-1)
Mr. Brown Arabica Instant Coffee (3-in-1)
Mr. Brown Blue Mountain Blend Instant Coffee (3-in-1)
Mr. Brown Caramel Macchiato Instant Coffee (3-in-1)
Mr. Brown French Vanilla Instant Coffee (3-in-1)
Mr. Brown Mandhling Blend instant Coffee (2-in-1)
Mr. Brown Milk Tea (3-in-1)

The U.S. Food and Drug Administration (FDA) also alerted consumers that QFCO, Inc. recalled White Rabbit Candy Because of Possible Health Risk.  QFCO, Inc. of Burlingame, California is recalling White Rabbit Candy because it may be contaminated with Melamine.  Product was distributed to the states of CA, GA, HI, IL, MN, NY, OR, TX, WA through wholesale distributors to retail stores.

The White Rabbit Creamy Candy is sold in 8 or 16 oz packages. All other flavors of White Rabbit Candy, including Assorted (Chocolate, Coconut, and Coffee), Red Bean, Coffee, Corn, Lychee, Mango and Strawberry are sold in 7 oz. packages. All packaging has a logo of a white rabbit on the front with the words "White Rabbit".

Bigger news is what was Fonterra, the New Zealand Milk Company thinking when they took at 43% stake in Sanlu, Chinese milk giant owned by the Chinese gernment?  Most disturbing is the cover-up, perhaps as many as 10 months, that children were becoming sick from drinking melamine-tainted powered milk.  A leaked memo said: "anything to pacify victims and accept all they want to keep them silent for at least two years."  Or, at least through the Olympics.  Perhaps, what is needed is a good lawsuit against both Sanlu and Fonterra.  The victims should be compensated, but as important is getting to the bottom of why it happened, why the cover-up and what can been done to prevent such an outbreak in the future?

Aunt Mid's Produce Company E. coli-contaminated Lettuce Linked to Illnesses in Michigan, Illinois, New York, Ohio and Oregon

Although the source of bagged, chopped iceberg lettuce delivered to Aunt Mid's had yet to be identified. A good guess would be California this time of the year, specifically the Salinas Valley (See growing season data).  Aunt Mid's is ready to point the finger - from its website:

The health alert has identified Aunt Mid's as one of the wholesale processors who sold institutional-sized iceberg lettuce product to the establishments which served the affected persons. It is expected that other wholesale suppliers will also be identified as and when product traceback measures are finalized.

As I have said before, E. coli O157:H7 outbreaks associated with lettuce or spinach, specifically the "pre-washed" and "ready-to-eat" varieties sold under various brand and trade names, are by no means a new phenomenon. By way of illustration:

-- in October 2003, thirteen residents of a California retirement home were sickened, and two people died, after eating E. coli-contaminated, pre-washed spinach;

-- in September 2003, nearly forty patrons of a California restaurant chain fell ill after eating salads prepared with bagged, pre-washed lettuce; and

-- in July 2002, over fifty young women fell ill with E. coli O157:H7 at a dance camp after eating "pre-washed" lettuce, leaving several hospitalized and one with life-long kidney damage.

And this is just a small sampling of the twenty or more E. coli O157:H7 outbreaks since 1995 in which spinach or lettuce was the source.  Several more outbreaks linked to contaminated leafy-produce, including most recently the September 2005 Dole packaged lettuce outbreak, are identified in the chart below:

Aug. 1993 Salad Bar E. coli O157:H7 53 WA

July 1995 Lettuce (leafy green; red; romaine) E. coli O157:H7 70 MT

Sept. 1995 Lettuce (romaine) E. coli O157:H7 20 ID

Sept. 1995 Lettuce (iceberg) E. coli O157:H7 30 ME

Oct. 1995 Lettuce (iceberg; unconfirmed) E. coli O157:H7 11 OH

May-June 1996 Lettuce (mesclun; red leaf) E. coli O157:H7 61 CT, IL, NY

May 1998 Salad E. coli O157:H7 2 CA

Feb.-Mar. 1999 Lettuce (iceberg) E. coli O157:H7 72 NE

July-Aug. 2002 Lettuce (romaine) E. coli O157:H7 29 WA, ID

Oct. 2003-May 2004 Lettuce (mixed salad) E. coli O157:H7 57 CA

Apr. 2004 Spinach E. coli O157:H7 16 CA

Sep. 2005 Lettuce (romaine) E. coli O157:H7 32 MN, WI, OR

The most recent major E. coli outbreak tied to leafy greens was the Dole Spinach outbreak of 2006. This nationwide outbreak included 205 illnesses due to E. coli O157:H7 reported the CDC. This  included 31 cases of HUS, 102 hospitalizations, and 3 deaths. The FDA concluded that all the implicated spinach was traced back to Salinas Valley in California.  Another outbreak that sickened 10 occurred in May 2008 in the State of Washington. The illnesses were linked to bagged, Romaine lettuce (See complete list of leafy green outbreaks).

Aunt Mid's Produce Company E. coli Linked to Lettuce in Michigan Illnesses

The Michigan Department of Community Health is issuing a public health alert after dozens of cases of E. coli surfaced. It now appears the E. coli outbreak is linked to iceberg lettuce that came from a wholesale distributor.

As a precautionary measure, the Michigan Department of Community Health (MDCH) is issuing a public health alert due to illnesses from the 26 cases of E. coli strain O157:H7 that are thought to be associated with bagged, industrial-sized packages of iceberg lettuce sold through wholesale venues to restaurants and institutions.

There is no evidence that the bagged lettuce at grocery stores is affected.

Some of the 26 Michigan cases consumed shredded or chopped iceberg lettuce in restaurants or institutions purchased from Aunt Mid's Produce Company, a Detroit-based wholesale distributor; and other distributing outlets could be identified. Product trace back and additional tests results are still in progress.

Our top priority at the Michigan Department of Community Health is to protect the public, said Dr. Gregory Holzman, chief medical executive for MDCH.  We appreciate all of the assistance from Aunt Mid's. They have been very helpful in this investigation. We want to ensure that the public's health and well-being is protected. Even though the investigation is ongoing, available evidence is strongly pointing to iceberg lettuce.

The 26 genetically linked cases are present in eight Michigan counties including seven at Michigan State University (Ingham County), five inmates at the Lenawee County Jail, three students at the University of Michigan (Washtenaw County), four in Macomb County, three each in Wayne, two in Kent counties, and one each in St. Clair and Oakland counties. Of the E. coli O157:H7 cases that are genetically linked, 10 have been hospitalized. These linked cases range in age from 11 to 81 years old. Symptoms of these confirmed genetically linked E. coli patients began on Sept. 8. More confirmed cases could surface as the investigation continues

Melamine White Rabbit Candy Being Pulled From World Markets

World-wide, Food safety chiefs have ordered White Rabbit Creamy Candies to be taken off shelves amid fears they may be contaminated with poisonous plastic.   Dangerous levels of the melamine substance have been found in the White Rabbit Creamy Candies, sold in Asian and Chinese food stores, and now banned around the world.  The toxic plastic used in industry has been blamed for a health scare in China after powdered milk was contaminated causing the deaths of four infants and poisoning 50,000 more.

White Rabbit Creamy Candy is perhaps the best known brand of Chinese-made candy in China, and the only one to be marketed significantly outside of that country.  The product is manufactured in Shanghai by Shanghai Guan Sheng Yuan Food, Ltd. (上海冠生园食品有限公司; Shànghǎi Guānshēngyuán Shípǐn Yǒuxiàn Gōngsī).

Lest we forget that food safety is not just a China problem, in the USA we are having two E. coli outbreaks going in in California and Michigan.  Also, Tracie Cone wrote in “Report: FDA lax in oversight of produce industry”

The Food and Drug Administration's efforts to combat food-borne illness are hampered by infrequent inspections, not enough staff and the failure to implement a program devoted to the safety of fresh produce, according to congressional investigators. The Government Accountability Office draft report obtained Thursday by The Associated Press also said that only 1 percent of produce imported into the U.S. is inspected, and that the practice of mixing produce from several sources makes it hard to trace contamination.

A few weeks ago I spoke to the Monterey Herald on my view of the “leafy green” industry in “Ensuring food safety carries high price tag”

When it comes to food safety, there is no silver bullet, says Bill Marler, whose Seattle-based firm Marler Clark LLP specializes in representing victims of food safety illness against restaurants and food companies.

"Ultimately, it's not going to be one particular thing that allows the mass-produced produce to be sold and marketed," Marler said. "It'll be a combination: Where are the cows in relation to the field? Where are the flies? Ozone versus chlorine? Are we keeping things cold?"

For more quotes, see below:

Continue Reading...

Two gorillas have become the latest victims of China's toxic melamine milk-powder health scandal

Sanlu, now you have done it.  Two gorillas, both from Hangzhou Wildlife World in eastern Zhejiang province and aged one and three, had been diagnosed with crystallization in their urine, according Chinese media.  The news came with the revelation that Chinese officials, suppressing "bad news" during the Olympic games, had ordered a cover-up of the scandal.  

Sanlu Group, the company at the heart of the scandal, met with the government three times to explain the crisis, according to reports - but despite the warnings no recall notice was issued.   The two ill gorillas have joined more than 54,000 babies poisoned throughout the scandal so far.  Four have died.  Both gorillas had been fed with milk powder made by Sanlu.  The company has said the infants became sick after drinking milk contaminated by melamine, a compound used in making plastics and added to cheat nutrition tests.
 

Is it "third times the charm" or three strikes you're out" for Amarillo Salmonella IHOP?

The number has gone up again - now it's 26 cases of salmonella that the Amarillo City Health Department is investigating linked (again) to the IHOP on Western in Amarillo.  The IHOP will be closed (again) until the Health Department does its inspection.

The city says the investigation is already underway.  The health department is also taking lab samples of the restaurant, but those results won't be back until next week.  This is the third time in three months that this same restaurant has (again) closed its doors because of salmonella.

IHOP's slogan cleary needs to change from "Come Hungry, Leave Happy" to something else.  Suggestions?
 

China Food Safety Conference Begins and Ends on "Sour" Note

Well, my talk on why it is NOT a good idea to poison your customers was well attended.   I did get a chance to pitch the pros of the civil justice system as a way of giving consumers rights against companies who poison children.   I have been invited back to give a series of lectures to law schools.  I may just open a Beijing office yet.  Where should my office be - perhaps in the “pants?”

As we were wrapping things up at the conference, press reports started circulation that the list of countries that have banned or recalled Chinese dairy products or foods containing Chinese milk has grown to include Bangladesh, Brunei, Burundi, Canada, Colombia, France, Gabon, Indonesia, Japan, Kenya, Malaysia, Philippines, Singapore, South Korea, Suriname and Taiwan.

Countries stepping up tests on products containing Chinese milk: United States, Australia and Netherlands.  The European Union, which prohibits import of Chinese dairy goods, encouraged members to check bread, chocolate and other products to ensure they do not contain compromised ingredients.

As I said to ABC correspondent Stephanie Sy:

"Clearly, you have to think about things from a moral perspective. There are [53,000] children sick," said Marler. "But you also think about it from an economic perspective. If this product had gotten into the United States, it would have been 'game over' for a lot of products in China."

Read full article – “Chinese Tainted Milk Company Accused Of Cover-Up”

With over 50,000 sickened, the companies responsible for selling this crap would face civil settlements and verdicts in the 100’s of millions of dollars if this product hits a country with a functioning judicial system.  If they knowingly sold contaminated product and covered it up, the companies could face punitive damages into the billions.  Unless Chinese companies clean up thier act, they are clearly going to loose market share and require a hell of a lot of insurance.

Looking for Melamine, Enterobacter sakazakii Bacteria Discovered in Sanlu Powdered Milk Formula

As if Sanlu does not have enough to worry about - A pathogenic bacterium has been found in milk powder that was also contaminated with melamine, according to a report in the Lanzhou Daily.  The report said that the Administration of Quality and Technology Supervision in Gansu Province issued an emergency notice on September 21, saying that Sanlu’s older and younger infant formulas contained enterobacter sakazakii as well as the toxic melamine.  Enterobacter sakazakii (E. sakazakii) is a gram-negative, non-spore-forming bacterium belonging to the Enterobacteriaceae family. It has previously been found in powdered infant formula around the world.  A 2007 World Health Organisation report, Microbiological Risk Assessment Series, No. 6, concluded "Intrinsic contamination of powdered formula with E. sakazakii can cause infection and illness in infants, including severe disease ... and death."

Enterobacter sakazakii is an uncommon, but often fatal, invasive pathogen that causes bloodstream and central nervous system infections.  The gram-negative, non-spore-forming, rod-shaped bacterium is from the family Enterobacteriaceae – the same family that E. coli O157:H7 belongs to.

While E. sakazakii has caused disease in all age groups, it is likely that immunocompromised or medically debilitated infants are more susceptible to infections with E. sakazakii.  One contributing factor in infant cases could be that the stomach of newborns, especially of premature babies, is less acidic than that of adults.  Several outbreaks traced to contaminated infant formula have occurred in neonatal intensive care units worldwide.

27 E. coli Cases at MSU Linked to 8 More at UM and a County Jail

The same genetic strain of E. coli bacteria that sickened students at Michigan State University this month has been linked to at least eight other cases throughout Michigan, including one at the University of Michigan and five at the Lenawee County Jail.  The findings have led investigators to believe that the patients all got ill from ingesting the same contaminated food source.  So, what do two universities and a county jail have in common?

DNA fingerprinting for three MSU students matched those of patients who became sick from E. coli in Washtenaw, St. Clair, Wayne and Lenawee counties since September 8.  The Washtenaw County case was a UM student and the five in Lenawee County were inmates in the jail.
 

Firemen's Fundraiser May be Victim of E. coli Regulation Loopholes

Being in China watching the implosion of its Food Safety system, makes one think that China is the only problem in the food world - far from it.  As I have said before, although we need to be concerned about imports, US Corporations still do a great job of poisoning our own citizens.

As an example, Tri-tip beef served at a September 6 fundraiser for the local volunteer fire department has been cited as the probable cause of an outbreak of toxic E. coli O157:H7.  At least 18 have fallen ill, four of whom required hospitalization.  Many meat-related E. coli outbreaks are traced back to ground beef, but the fundraiser served tri-tip, which has its own, lesser known, history of problems.

Meat can become contaminated with E. coli O157:H7 in many ways.  There are some regulations in place to detect that contamination and prevent tainted meat from reaching the marketplace, but tri-tip beef can fall through a dangerous regulatory loophole.  Larger cuts of meat like tri-tips are sold as ‘intact meat’ even though they are intended to be cut into smaller pieces (like steaks or stew meat).  The meat industry claims that the USDA allows it to sell contaminated intact cuts of meat, but the Sizzler case illustrates E. coli O157:H7 regulations on intact meat are ill-defined, and that’s a recipe for contamination.   It makes no sense.

Needle-tenderizing meat is not in itself an unsafe practice, but it sure can be if you’re starting off with intact cuts contaminated with a deadly pathogen like E. coli O157:H7.  Basically, tenderizer is injected into the meat muscle. If there is E. coli on the surface, the needle can carry it inside, where only heat pasteurization can kill it.  Even if the surface of the meat is cleansed, that meat is still like a Trojan horse—an apparently harmless vehicle carrying deadly bacteria into personal and commercial kitchens.  And according to the meat industry, it’s legal.   We don’t yet know how the beef in this outbreak was contaminated—we may never know.  But we do know that the both the meat industry and the USDA need reform because only clearer, stricter regulations and better oversight can prevent these tragic illnesses.

And, don't forget the three-year-old who died of E. coli in Colorado.

What Would Mao Have Done?

It appears that Sanlu, the Chinese company whose tainted powered baby milk has sickened at least 53,000 children, failed to report complaints about the product since last December.  The government today has blamed tainted milk products for four deaths.  In addition, 12,892 children remain hospitalized with kidney problems and 104 of them in serious condition.  According to other reports, several other milk products, including baby milk from Yili and Nestles, may also be tainted.

On our way back from the Great Wall today (lead by our great guide Wang He - “Mike”), we stopped into a small village, Bei Shi Cao Cun, and I was able to buy Yili’s and Nestle’s baby milk.  Sanlu's shelf was empty.  So, what would Mao have done to have prevented this crisis?  Mao once said:

“If we have shortcomings, we are not afraid to have them pointed out and criticized, because we serve the people. Anyone, no matter who, may point out our shortcomings. If he is right, we will correct them. If what he proposes will benefit the people, we will act upon it.”

Perhaps it is time to pay a bit more attention to the Chairman?

So far China's product-safety watchdog chief, Li Changjiang has resigned.  Also fired were Wu Xianguo, the top Communist official in Shijiazhuang and the city's mayor and several other government officials.   To date, 18 people have been arrested, including the sacked head of Sanlu Group, with dozens detained for questioning.

But, will that be enough to to protect Chinese children, and children in other areas of the world?  So far, Philippines, Vietnam, Bangladesh, Brunei, Burundi, Gabon, Japan, Malaysia, Myanmar, Singapore, Taiwan and Tanzania are all urging parents to not feed baby milk with 'made in China' markings.  Perhaps the loss of the infant formula market will get the government of corpoate officials to dust off Mao's "Little Red Book."

53,000 Chinese Children Sickened by Melamine Contaminated Milk Powder

From a Chinese public official:

"Public confidence can only be rebuilt on merciless punishment," he said. "None of those companies lacking professional ethics or social morals will be let off."

Today, while I walked through the Temple of Heaven, Tienanmen Square, the Forbidden City and several miles of Hutongs, 13,000 Chinese children remained in the hospital with at least 100 suffering acute kidney failure. To date only four children have been reported to have died.

The government has reported that most victims are less than two years old.  In a country with a one child policy, sickening tens of thousands of babies certainly is not part of the plan.  Illnesses seem to have started in early May, but reports did not surface until after the Olympic games ended.

In Singapore, the Chinese-made White Rabbit milk sweet has been found to carry traces of melamine and is being recalled, officials there said. Recalls of Chinese-made dairy products are now under way in Japan, Malaysia, Taiwan, Africa and Brunei as well.

Tri-tip linked to Forest Ranch E. coli outbreak - victims now number 18

Butte County health officials are reporting tonight that a total of 18 people have fallen ill due to an E. coli outbreak at a fireman’s fundraiser earlier this month.  Health officials believe the outbreak can be traced to tri-tip beef served at the fundraiser in Forest Ranch.  They are still trying to determine how the meat came to be contaminated (good guess – cow shit).   Four people have been hospitalized because of the sickness, including a young girl, who was airlifted to UC Davis Medical Center in Sacramento, he said.  Two victims were released from the hospital.

My favorite quote:

“Lundberg said the annual fundraiser is a great event put on with the best of intentions. Unfortunately, something went wrong this year, he said.”
 

Forest Ranch E. coli Outbreak Linked to Fire Department Fundraiser Sickens Olivia Titus and a Dozen Others

The number of people infected in Forest Ranch, California with E. coli rose to 13 Thursday and that number is expected to climb.  Six-year-old Olivia Titus is one of more than a dozen cases linked to a Fireman's fundraiser earlier this month in Forest Ranch.

A few questions to answer:

1. Who supplied the meat? Who supplied the lettuce?

2. Other than the 13 people sicken who attending this fundraiser, are there any others ill anywhere else who share the same genetic fingerprint (PFGE) E. coli?
 

Listeria Kills Canadian Baby

The last few days have been filled with cries "Chinese food is unsafe - look they are poisoning babies."  Well, that certainly is true, but the same thing is happening nearby, and it is not the fault of the Chinese.  Hopefully, when I get there on Sunday afternoon in Beijing, I can get someone to pay a bit of attention. 

The Chinese aside, up a bit North from Seattle, a Manitoba infant has died from listeriosis, Manitoba's chief medical officer confirmed Thursday.  It's not known whether the case is connected to the current national outbreak linked to meat products from a Maple Leaf Foods plant Toronto, which has resulted in 17 confirmed deaths.

Food safety is a world wide concern.  According to the World Health Organization, food and waterborne diarrheal diseases are leading causes of illness and death in less developed countries, killing approximately 1.8 million people annually, most of whom are children.

14 Michigan State University Students hit with E. coli - 10 Hospitilized

The Ingham County Health Department is investigating four more possible cases of E coli at Michigan State University.  If those cases are confirmed, that would bring the total number of students with E. coli to 14.  At least 10 students had to be hospitalized due to the out break.  Questions that need answers:

1.  Do the victims share the same genetic fingerprint (PFGE) of the E. coli (presume E. coli O157:H7) in their stool?

2.  What do the victims have in common?  Where do they live?  What associations do they have?  What have they consumed that may be in common?

3.  Are there any E. coli cases outside of Michigan that are linked to these kids?

Genetically Engineered Animals Coming to a Farm Near You?

The FDA said it will start considering proposals to sell genetically engineered animals as food, a move that could lead to faster growing fish, cattle that can resist mad cow disease, or perhaps heart-healthier eggs.

One wonders if they could make food safer – E. coli free beef, Salmonella free peppers, Campylobacter free milk, Listeria free chicken hot dogs – you get the picture.

Genetically engineered animals are not clones, which the FDA has already said are safe to eat. While clones are exact copies of an animal, genetically engineered animals are manipulated by scientists to bring about a change in their characteristics. In years past, this was done by breeding animals with desirable traits. But now the changes can be made directly in the lab.

Genetically engineered animals are created when scientists insert a gene from one species of animal into the DNA of another animal to reprogam some of its characteristics. For example, fish could be made to grow faster, or pigs might be re-engineered to produce less waste. Animals can also be engineered to produce substances in their milk and blood that can later be used for human drugs.

Another Raw Milk Producer Linked to Campylobacter Illnesses

Although we did get a call yesterday from a Calaveras County California resident who may well be linked to the California Campylobacter recall of Organic Pastures raw cream, this new raw milk quarantine and recall comes from Campylobacter infections in Pennsylvania.  According to press reports, to date three Montgomery County residents have been stricken with a bacteria infection that may be linked to raw milk produced and sold at a Franconia farm, according to health officials.  Acting on the recommendation of the state Department of Agriculture, the Hendricks Farm and Dairy of Franconia has voluntarily suspended the sale of raw milk until laboratory results of milk samples gathered last week are complete.
 

Three Babies Die From Tainted Chinese Milk - 6,244 Sick, 158 Suffering from Kidney Failure

A third baby has died in connection with China's spreading scandal over tainted milk formula and more than 6,200 infants have become sick, Health Minister Chen Zhu said Wednesday.  China's quality watchdog says that its inspectors have found melamine in milk powder made by more than 20 Chinese companies.  The widening scandal is an embarrassing failure for China's product safety system, which was overhauled to restore consumer confidence and preserve export markets after a string of recalls and warnings abroad over tainted toothpaste, faulty tires and other goods.  Chen told a news conference that of the 6,244 babies that have fallen ill, 158 were suffering from acute kidney failure.
 

Michigan State University Students Hit with E. coli

Ten Michigan State University students have been admitted to hospitals over the past week with what officials say are likely cases of E. coli infection.  The East Lansing school says all of the students reported symptoms of bloody diarrhea. Seven of the students remained hospitalized Monday and all were expected to recover.  University physician Beth Alexander tells The State News that only two of the cases have been linked to the same strain of E. coli bacteria so far.  Michigan State and the Ingham County Health Department are trying to identify the cause and source of the illness.
 

I can not get to China too soon - Chinese milk powder contaminated with melamine sickens 1,253 babies

Sanlu, China’s biggest milk powder manufacturer, sold contaminated milk after farmers laced their produce with industrial chemicals to increase its protein content.  Chinese hospitals are fighting to save the lives of some of the 1,253 babies who have fallen sick after they were fed milk powder contaminated with an industrial chemical used to make plastic cups and saucers.  Two babies have already died from drinking the formula laced with melamine in a ploy by farmers to boost the apparent protein content of the milk that they sold to one of the best-known milk powder manufacturers in the country. Police have arrested nineteen people, including two brothers who ran a milk collection station.  And, I still have not finished packing.

According to press reports:

The children are victims of two of China’s greatest evils: greed and secrecy. Greed has contributed to poor safety: only a few years ago 13 babies died after they were fed a sub-stand-ard fake formula marketed under the Sanlu brand. The determination to stage a perfect Olympic Games may also have delayed revelation of the adulterated milk powder. Twenty-one topics were banned from Chinese media during the Olympics – eighth on the list was food safety scandals.

I do not give my talk in China until next week, but I thought I would put it up here now so my friends in China can get a early preview:

 

Broken Arrow Bethany Free Will Baptist Church Ladies Tea Linked to Country Cottage E. coli Outbreak

The Ladies Tea, an annual tradition at Bethany Free Will Baptist Church, was catered by the Country Cottage in Locust Grove, which is at the center of the state and local health department investigation.  One attendee has been sickened, more than 20 others "probable" says health department, after church tea attendees ate food served by Locust Grove's Country Cottage catering service.

Country Cottage catered the event Saturday, August 16.  Approximately 160 of the 200 to 250 people attending the event have been contacted. Because there was no sign-in sheet, the number of attendees is an estimation.  Because the catered event had a limited menu, it may help narrow down what food is the source of the E. coli.

China Milk Farmers Blamed in Baby Formula Contamination

Well, I'm off to China this week and it appears that it is not a moment too soon.

The Chinese firm whose baby formula is blamed for killing one infant and sickening dozens has accused dairy suppliers of adding a chemical to their milk to up protein content, state media said this morning.  Chinese authorities announced a nationwide probe today into the Sanlu Group's milk powder as babies fell seriously ill with kidney stones across the country, in the latest scandal to rock China's food industry.  One child has died.

Xinhua news agency said police in Shijiazhuang had arrested 78 "suspects" in the case, but gave no further information.  China's health ministry today ordered all its departments nationwide to immediately report every baby with kidney stones and difficulty urinating, symptoms of drinking the tainted milk formula.

Organic Pastures Raw Cream Recall Announced by CDFA

Consumers urged to dispose of product due to bacterial contamination

SACRAMENTO, Thursday, September 11, 2008 – Grade A raw cream produced by Organic Pastures of Fresno County –product with the code date SEP 12—is the subject of a statewide recall and quarantine order announced by California State Veterinarian Dr. Richard Breitmeyer. The quarantine order came following the detection of campylobacter bacteria in the cream. The detection was confirmed this morning.

Campylobacter is one of the most common causes of food-borne illness in the United States. At this point, no illnesses have been reported. People with symptoms who consumed this product should consult their physicians.

Under the recall, Organic Pastures Grade A raw cream labeled with a SEP 12 code date is to be pulled immediately from retail shelves and consumers are strongly urged to dispose of any product remaining in their refrigerators.  According to the Centers for Disease Control website:

“Most people who become ill with campylobacteriosis get diarrhea, cramping, abdominal pain and fever within two to five days after exposure to the organism. The diarrhea may be bloody and can be accompanied by nausea and vomiting. The illness typically lasts one week. Some infected persons do not have any symptoms. In persons with compromised immune systems, Campylobacter occasionally spreads to the bloodstream and causes a serious life-threatening infection.”

This is not the first time Organic Pastures has recalled Raw Cream, or other products for that matter.  See my prior post - "Where there is Smoke."

Meat Slicer Strikes Again - Maple Leaf Slicer Implicated in Listeria Outbreak

According to recent press reports, Michael McCain, president of Maple Leaf, said an investigation into a deadly bacteria outbreak linked to at least 13 deaths revealed that listeria bacterium may have accumulated in slicing equipment at the company's Toronto plant.  The bacteria may have built up "deep inside" the mechanical components of two slicing machines, even though they were cleaned frequently.  Six more deaths are being investigated.  In all, 38 cases of listeriosis have been confirmed and 20 more are suspected.

This is not the first time slicers have been implicated in a foodborne illness outbreak.  Following an investigation in Georgia, 72 cases of Salmonella Montevideo infections were reported with the onset of gastrointestinal illness between August 21 and November 15, 2006.  Investigators found that the restaurant had been closed for remodeling and reopened on August 18, 2006, and was utilizing a brand new meat slicer following the reopening.  Nineteen days after the restaurant was identified as the possible source of the outbreak, on October 25, GPHL reported that one of the swab samples collected from the new meat slicer was positive for the Salmonella outbreak strain and the slicer was immediately removed from service.

In 2007 Arby's customers were sick again with salmonella poisoning.   In the second outbreak health officials also found that roast beef was sliced on a contaminated slicing machine.  The latest salmonella outbreak happened in Moses Lake, Washington.

Jesse Jackson hit with Food Poisoning - Moose Burgers Perhaps?

Sarah Palin, was she in Georgia?  According to NPR, “She's also a moose-burger-eating, snow-mobile-riding maverick who's not afraid to take on fellow Republicans she disagrees with.”  Jesse, you did not eat the moose burgers did you?

The Atlanta Journal Constitution reported that this week, while conducting voter registration drives in Ohio and Georgia, the 66-year-old civil rights leader was stricken with food poisoning.  He’s now at Northwestern Memorial Hospital in Chicago, where he was diagnosed with viral gastroenteritis and severe dehydration.  Jesse, my email is bmarler@marlerclark.com.

Hell, it could have been E. coli.

Intestinal fecal contents of recently killed birds (three ring-billed gulls, two cas-pian terns, two starlings, one cowbird, one common grackle, one crow, one mourning dove, and one mallard duck) and mammals (12 beavers, 3 white-tailed deer, 2 mule deer, 2 moose, 1 squirrel, 1 ground hog, 1 red fox, and 1 raccoon) were tested for the presence of VTEC. Only one sample was found to be positive for VTEC. An O157:H7 strain was isolated from fecal contents extracted from the intestine of a moose killed in a collision with a car.

Alfalfa sprouts sicken 13 in Washington and Oregon - Again

Washington State health officials believe alfalfa sprouts are connected to an outbreak of Salmonella that’s sickened nine people in Washington and four in Oregon. The outbreak has been tied to alfalfa sprouts from Sprouters Northwest, Inc. in Kent. The company has agreed to voluntarily recall the product and has stopped distributing it. The sprouts are sold in a variety of package sizes labeled “Alfalfa Sprouts,” or as mixed varieties that contain alfalfa sprouts as an ingredient. People should not eat any products from Sprouters Northwest that contain alfalfa sprouts. Discard them immediately or return them to the store.

The first cases of Salmonella Typhimurium were reported in early August. People have been sickened in Clark, Island, King, Pierce, Snohomish, Thurston, and Whatcom counties. At least two have required hospitalization.

Sound Familiar? It was reported on June 4, 2004 that Sprouters Northwest Inc. was recalling 2-, 3- and 5-lb. institutional trays of sprouts sent to various food institutions because they may be linked to a recent increase in salmonellosis in Oregon and Washington, the FDA said in a statement. Twelve cases of Salmonella Bovismorbificans, possibly linked to the consumption of raw alfalfa sprouts, have been reported, the FDA said.

We represented victims of two Salmonella outbreaks linked to sprouts produced by Harmony Farms, an Auburn, Washington firm, and Hydro-Harvest and Pacific Coast Sprout Farms of Oregon.

The FDA has long warned about the dangers of sprouts - see links to FDA concerns.

Community steps up to help Isaiah Peters with E. coli - Summer petting zoo in Brandon may be site of exposure

Isaiah Peters is usually an active little boy. The 3 1/2-year-old red-headed youngster loves to kick his soccer ball around the backyard and play “Guitar Hero.” But instead, Isaiah is lying in a hospital bed in Minneapolis, where he is fighting through a painful illness, H.U.S., a complication of E. coli that can cause kidney failure. Since that time, Isaiah’s little body has withstood dialysis, transfusions, excruciating abdominal pain, IVs, catheters, pneumonia and more at the Children’s Hospitals and Clinics of Minnesota.

“All fingers are pointing to the exotic petting zoo that was in Brandon,” Jon Peters said. “Isaiah rode a camel and fed the goats there. Never would we have imagined we would be here after a silly petting zoo.” It is simply too bad this is happening again, we have seen too many E. coli cases linked to petting zoos and fairs over the years – see www.fair-safety.com.

An account to help the family has been set up at The First National Bank in Brandon. The account is titled “Welcome Home, Isaiah.”

E. coli O111 Outbreak Linked to Cottage Grove Restaurant in Locust Grove Grows to 206.

Outbreak of Severe Diarrheal Illness in Northeastern Oklahoma

The Oklahoma State Department of Health (OSDH) reports today that laboratory analysis of water samples taken from a private well on the property of the Country Cottage restaurant in Locust Grove, OK, has found no disease-causing bacteria. The restaurant has been associated with a large E. coli 0111 outbreak in northeastern Oklahoma.

“The well water is not the source of this outbreak,” said State Epidemiologist Dr. Kristy Bradley. “We are continuing our efforts to conduct microbiological testing of food preparation and serving surfaces in the restaurant, and we continue to interview cases, as we try to establish an association with those who became ill and a potential source.”

At least 206 persons are 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.

“This appears to be the largest E. coli 0111 outbreak ever reported in the U.S.,” Bradley stated. “The complexity of this outbreak and the necessity to be extremely thorough in our investigation means we still have more questions than answers.”

OSDH disease investigators, along with staff from Tulsa Health Department and area local county health departments, have interviewed more than 500 persons in an effort to identify the source of the outbreak.

The restaurant is closed while the investigation continues. Not all persons who ate at the restaurant have become ill. No other restaurant or food service outlet in the area has been linked to the outbreak.

Captain Colon and His League of Fecal Fighters

There really is very little humor in what I do.  I did, however, smile when I received a thank you note from the mother of two daughters I represented in 2006 Dole Spinach E. coli Outbreak - and this great bobblehead.

Captain Colon and His League of Fecal Fighters.

USDA Can Stop Mad Cow Tests

The U.S. government has the authority to bar meat companies from testing their animals for mad cow disease, a federal appeals court has ruled.  The Department of Agriculture's failure to test more than a fraction of cows for the brain-wasting disease prompted one meat company to announce that it would test all of its bovines, the Associated Press reported.  But the government turned thumbs down on that request, from Kansas meat producer Creekstone Farms. Bigger meat packers feared the move would force them to employ the costly test on all of their cows, as well, the wire service said.  The U.S. Court of Appeals for the District of Columbia, in overturning a lower court ruling, upheld the government's right to prevent Creekstone from testing its cows, the AP said.

Outbreak of Severe Diarrheal Illness of E. coli O111 in Northeastern Oklahoma - 176 Sickened Linked to Country Cottage

The Oklahoma State Department of Health (OSDH) reports today that at least 176 persons have become ill as a result of the E. coli O111 outbreak in northeastern Oklahoma. Cases include 128 adults and 48 children. Federal and state health officials say E. coli O111 is a rare type not normally associated with an outbreak this large. OSDH disease investigators, along with staff from Tulsa Health Department and area local county health departments, have interviewed more than 450 persons in an effort to identify the source of the outbreak. Interviews continue this weekend. While the source has not yet been identified, health officials continue to focus on the Country Cottage restaurant in Locust Grove, OK, after interviews with cases indicated most had eaten there during the time period Aug. 15 through Aug. 23.

The restaurant is closed while the investigation continues. Not all persons who ate at the restaurant have become ill. No other restaurant or food service outlet in the area has been linked to the outbreak. OSDH laboratory analysis of water samples taken from a private well on the restaurant property is continuing, however, health officials believe it is unlikely that any well water contamination is the source of the outbreak.

Prior Outbreaks of E. coli O111:

- Community Outbreak of Hemolytic Uremic Syndrome Attributable to Escherichia coli O111:NM -- South Australia, 1995

- Outbreak of diarrhoea due to Escherichia coli O111:B4 in schoolchildren and adults: association of Vi antigen-like reactivity

- Escherichia coli O111:H8 Outbreak Among Teenage Campers - Texas, 1999

- Outbreaks of food poisoning in adults due to Escherichia coli O111 and campylobacter associated with coach trips to northern France

Canadian Listeria Deaths Hit 15 Linked to Maple Leaf Meats

My wife and 16-year-old daughter spent the week at the Democratic National Convention.  Me, I took our other 13-year-old and 9-year-old daughters to Hawaii for a few days in the surf and sun.  Yes, we did go to a laua - picture below the main course.

OK, I get asked all the time what I eat and do not eat - yes, I ate it.  My kids, however, kept asking why they killed and cooked Wilbur?  So, a little bit of an experiment in food illness surveillance?  It has been 48 hours since I ate Wilbur, let's see how it goes.  If the pig is contaminated with listeria, I have a long time to wait with the incubation period running up to a month. 

As the Canadian Public Health Agency says, 29 cases of listeriosis have been confirmed nationally, and another 31 suspected cases are being investigated.  Maple Leaf, the manufacturer of the contaminated product, has ordered the return of all products made at the plant from nursing homes, hospitals, restaurants and stores, in one of Canada's biggest food recalls.  For more information on Listeria, see www.about-listeria.com.

And for more worries North of the border, Salmonella kills one, leaves 87 ill in Quebec
Cheese Recall.
  A salmonella outbreak in Quebec has left one person dead and 87 others sick, prompting the Ministry of Agriculture, Fisheries and Food to recall three cheeses manufactured by Fromages La Chaudiere Inc.  Blocks of hard cheese, as well as cheese curds labelled La Chaudiere, Polo and Tradition, manufactured between July 24 and Aug. 24, have been pulled off store shelves as they may be contaminated with salmonella.  The outbreak has centred in three regions of Quebec -- Chaudiere Appalaches, Estrie and Mauricie Centre du Quebec -- but the cheeses have a wide distribution throughout the province, Horacio Arruda, Quebec's director of public health, said in a news conference yesterday in Montreal.  Over the past week, a total of six cheeses have been pulled from store shelves across the province. In addition to the three cheeses recalled on Thursday, three other cheeses were recalled earlier this week because they may contain listeria.  For more information on salmonella, see www.about-salmonella.com.

Non-O157H7 Shig-Toxin E. coli liked to 73 illneses, 50 hospitalizations, likely 6 children still on dialysis and 1 death

According to Kim Archer of the Tulsa World, Oklahoma state health officials have determined that a relatively rare and virulent form of E. coli infected dozens of patrons of Country Cottage, killing one and sickening more than 73 people.  More than 50 of those who fell ill were hospitalized.  Five children remain in the pediatric intensive care unit at Children's Hospital at St. Francis.  Four are on dialysis.  Two other children were sent to OU Children's Hospital.  Ms. Archer quoted State epidemiologist Dr. Kristy Bradley as saying the E. coli strain is not the commonly known E. coli O157:H7.  Non-O157 strains are more common in South America and parts of Europe, according to the Pediatric Infectious Disease Journal.

I could not agree more. Shiga toxin is one of the most potent toxins known to man, so much so that the Centers for Disease Control and Prevention (CDC) lists it as a potential bioterrorist agent (CDC, n.d.). It seems likely that DNA from Shiga toxin-producing Shigella bacteria was transferred by a bacteriophage (a virus that infects bacteria) to otherwise harmless E. coli bacteria, thereby providing them with the genetic material to produce Shiga toxin.

Although E. coli O157:H7 is responsible for the majority of human illnesses attributed to E. coli, there are additional Stx-producing E. coli (e.g., E. coli O121:H19) that can also cause hemorrhagic colitis and post-diarrheal hemolytic uremic syndrome (D+HUS). HUS is a syndrome that is defined by the trilogy of hemolytic anemia (destruction of red blood cells), thrombocytopenia (low platelet count), and acute kidney failure.

Stx-producing E. coli organisms have several characteristics that make them so dangerous. They are hardy organisms that can survive several weeks on surfaces such as counter tops, and up to a year in some materials like compost. They have a very low infectious dose meaning that only a relatively small number of bacteria (< 50) are needed “to set-up housekeeping” in a victim’s intestinal tract and cause infection.

I represented three Hemolytic Uremic Syndrome victims in an outbreak of E. coli O21:H19 linked to a Utah Wendys in 2006. Non-O157:H7 was also likely responsible for some of the illnesses in the Dole Spinach outbreak of 2006.

I also recently gave a speech in front of the USDA/FSIS on making all Shiga-toxin producing E. coli’s adulterants under the US Meat Inspection Act. Here is that text:

Another issue facing, not only the meat industry, but all of us, is the extent to which non-O157 E. coli may be present in food products – FSIS regulated or not. It is clear that Non-O157 Shiga toxin producing E. coli have emerged as a public health issue. Some non-O157 possess the same range of virulence factors as E. coli O157:H7 and are capable of causing serious illnesses, or death. Numerous serotypes, including O26, O103, O111 and O145 have been identified as agents of food borne disease.

I have seen their nasty work in the Dole spinach outbreak and an outbreak in Utah involving Wendy’s. Since 1990, 13 outbreaks of non-O157 E. coli have been reported in the US. While E. coli O157 is the principal strain isolated from implicated food and clinical isolates in the US, non-O157 predominate in other countries, including several of our beef trading partners like Australia, Brazil and Canada.

I will leave this to scientists and public health officials to sort all out. However, perhaps one needs to look no further than the FEDERAL MEAT INSPECTION Act and look at the term ''adulterated" for and answer. A product is adulterated: (1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health." If non-O157 E. coli fits the bill, then to me that answers the question. However, what do we then do about salmonella, listeria, campylobacter, and shigella – especially those with particular virulence or antibiotic resistance?

One thing to remember, whether a product is considered to be an adulterant under the FMI or not, if a food product contains a bacteria or virus that sickens or kills, civil liability can, and often will attach. My vote is to simply get pathogens out of your product.

With over 70 sickened, 50 hospitalized and 1 death, focus now is on what food item at Locust Grove Country Cottage Buffet was contaminated with E. coli O157:H7

People in Oklahoma are understandably concerned about what is causing their friends and neighbors to become sick – some severely so. Unfortunately, pin-pointing an E. coli-contaminated food item in a buffet is difficult. Most people at buffets eat many items, and the same items, making in difficult to determine which item independently is the vector for the illnesses.

Cross-contamination is always an issue, but clearly, some food item (my suspicion – steak or hamburger) allowed the deadly E. coli to hitch a ride into the restaurant. It is not the first time that a buffet was the source of E. coli–related illnesses. In most, the vector is found, however, sometimes the best that can be determined is that it occurred at the restaurant. Here are a few that we have been involved with over the years.

Captain’s Galley Seafood Restaurant E. coli Outbreak - North Carolina

China Buffet E. coli Outbreak – Minnesota

Finley Elementary School E. coli Outbreak – Washington

Golden Corral E. coli Outbreak – Nebraska

Habaneros E. coli Outbreak – Missouri

King Garden Restaurant E. coli Outbreak – Ohio

Olive Garden E. coli Outbreak – Oregon

Sizzler E. coli Outbreak – Wisconsin

For more on Food Litigation generally and E. coli Litigation in particular, follow the links.  For more information on E. coli O157:H7, follow the link here.  And, for information on Hemolytic Uremic Syndrome, follow the link here.

Over 70 Sickened, 50 Hospitalized and 1 Death Caused by E. coli O157:H7 Linked to Locust Grove Country Cottage

Outbreak of Severe Diarrheal Illness in Northeastern Oklahoma

The Oklahoma State Department of Health (OSDH) has narrowed the focus of its investigation into a severe diarrheal outbreak in northeastern Oklahoma to the Country Cottage restaurant in Locust Grove, OK. The OSDH is trying to determine how food served at the restaurant might have become contaminated. The restaurant continues to remain closed while the outbreak investigation continues.

Yesterday the OSDH confirmed that an unusual type of E. coli is probably responsible for the severe illness experienced by at least 73 persons sickened by the outbreak, although disease investigators say that number could increase as they interview others who may have become ill as a result of the outbreak. The OSDH public health laboratory is collecting and analyzing specimens from patients and has sent some specimens to the federal Centers for Disease Control and Prevention for further analysis.

At least 50 persons have been hospitalized and one person has died.

Health officials warn that the strain of E. coli associated with this outbreak can be easily spread among family household members or close contacts, providing the potential for additional persons to become ill.

“We strongly recommend to the public that they wash their hands frequently, particularly after using the bathroom, changing diapers, and preparing food. Persons who are sick with diarrhea should not be involved in food preparation,” said State Epidemiologist Dr. Kristy Bradley.

As the investigation continues in the search for the source of the outbreak, health officials warn that the upcoming holiday weekend as well as tailgate parties and other recreational activities provide the opportunity for foodborne disease transmission. “Take the time to clean hands and food preparation surfaces frequently, keep raw meats separate from ready-to-eat foods, cook foods to proper temperatures, and refrigerate leftover foods quickly,” Bradley advised.

40 sickened, 17 hospitalized and 1 death in Oklahoma E. coli Outbreak in Bixby, Broken Arrow, Locust Grove, McAlester, Peggs, Pryor, Sand Springs and Tulsa. Answers are needed.

Oklahoma State health officials say at least 17 people have been hospitalized and 40 or more cases are being investigated after a severe illness outbreak in northeast Oklahoma.

At least one person -- 26-year-old Pryor bank employee Chad Ingle -- has died as a result of the illness.

Oklahoma State Department of Health officials are trying to identify it's source and whether it's related to E. coli bacteria. They have confirmed that many ate at the Country Cottage restaurant in Locust Grove but say it's too early to pinpoint the eatery as the source.

Questions that need answers:

1.  Do the Pulsed field gel electrophoresis patterns (PFGE patterns), or genetic fingerprints, of the E. coli O157:H7 bacteria in the victims stools match? If they match it means that there is likely a “point-source” outbreak – meaning, that it is a particular restaurant and/or food item that made these folks ill.

2.  Does the PFGE pattern match any patterns on PulseNet at the CDC?

3.  Does the PFGE pattern match any patterns on recalled food products?

4.  What are the common places where all of these people were? Restaurants, swimming pools, day cares, county fairs?

5.  Was there a common food item that these people shared?

6.  What are the common places where all of these people were during the week leading up to their illness?
 
7.  Is active surveillance (notifying hospitals, laboratories, and clinics to watch for and report suspect cases) being conducted to determine if there are more illnesses in these towns and elsewhere?
 
8.  Have any of the restaurant employees been ill with the same symptoms?

9.  Where is the cow poop?

Maple Leaf Listeria linked to 12 deaths: health officials

Canadian health officials now say 12 deaths have been linked to a listeriosis outbreak from a Maple Leaf Foods plant in North York, Ontario.

The spike in deaths is because they have reworked the definition to include any cases where Listeria is an underlying or contributing factor to a person's illness, said Agricultural Minister Gerry Ritz at a news conference Monday afternoon.

Health officials also said that they are dealing with 26 confirmed cases of listeriosis and are investigating another 29 suspected cases. Of the 26 confirmed cases, there have been 12 deaths --11 victims were from Ontario and the other was from British Columbia.  The B.C. death had been on a list of confirmed cases but federal health officials said it remains "controversial" and is still under investigation.  Of the 11 deaths in Ontario, Listeria has been definitively linked to six of them while five cases are still under investigation to determine the extent the bacteria had on the death.
The disease has an incubation period of up to 70 days, meaning there could be more cases in the coming weeks. Officials recently confirmed a case in Cranbrook, B.C.

Maple Leaf Foods has recalled all of its products that were manufactured at the Ontario plant. But despite such measures, CTV British Columbia reported that a Safeway store in B.C. was still selling at least one of the banned products as recently as Sunday.
 

Oklahoma E. coli Outbreak Claims One Life, Sickens Many

A food borne illness outbreak in northeastern Oklahoma has sickened as many as 30 and taken one life. Although lab results are not in, signs point to the highly toxic E. coli O157:H7 bacteria as the culprit. Many of the ill have eaten at the same restaurants, and leads are being followed to determine the source. In the last two years, more than 40 million pounds of meat have been recalled due to contamination with E. coli O157:H7, and outbreaks have also been traced to leafy greens.

“This has been a terrible year for E. coli outbreaks,” said food safety advocate and attorney William Marler. “Boy Scouts at camp were sickened by contaminated hamburger, and families who ate at a barbeque restaurant have spent months in ICU. We expect our food to be free of deadly pathogens—that’s the job of the regulations put into place by government.”

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure. The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks, as have unpasteurized milk and cheese, unpasteurized apple juice and cider, alfalfa and radish sprouts, orange juice, and even water. There have also been outbreaks associated with petting zoos and agricultural fairs.

The first symptom of E. coli infection is the onset of abdominal pain and severe cramps, followed within 24 hours by bloody diarrhea. This is hemorrhagic colitis, and it typically occurs within 2 to 5 days of ingestion of E. coli; however the incubation period—the time between the ingestion of E. coli bacteria and the onset of illness—may be as broad as 1 to 10 days.

Marler Clark has represented thousands of victims of food borne illness outbreaks since 1993. The firm’s attorneys have litigated high-profile food poisoning cases against such companies as ConAgra, Wendy’s, Chili’s, Chi-Chi’s, and Jack in the Box. Marler Clark currently represents thousands of victims of outbreaks traced to ground beef, peppers, pot pies, spinach, and tomatoes, as well as other foods.

Chad Ingle, 28, dies of E. coli after eating at Country Cottage in Locust Grove

The Oklahoma State Department of Health has issued a press release regarding the illnesses of nearly three dozen people, including one person who died over the weekend.

The outbreak affected people from several communities, including Bixby, Pryor, Sand Springs, Locust Grove, Broken Arrow, Peggs, Tulsa, and McAlester. At least 14 people have been hospitalized, including one of those victims, 26-year-old Chad Ingle, who died Sunday. Lab tests have not yet come back, but the family says doctors are pointing to E-coli as the cause.

"Disease investigators from the OSDH, Tulsa Health Department, and several northeastern Oklahoma county health departments are looking at all likely sources, including restaurants and specific food sources," the release states. "Early investigation indicates a large number of persons who became ill ate at the Country Cottage restaurant in Locust Grove, OK. The restaurant is working closely with the OSDH to assist in the investigation. No source has been identified."
 

E. coli Outbreak Linked to Country Cottage in Locust Grove - Ill from Tulsa, Locust Grove, Bixby, Beggs and Pryor - Over 30 sickened, one death.

A spokesperson with St. Francis Hospital in Tulsa says doctors are treating 12 patients suspected of E. coli poisoning.  The health department says between 10-20 people have been treated and released from other hosptitals in northeastern Oklahoma.

The Health Department has not released the source of the illnesses, but readers of the Tulsa World and KJRH websites have named Country Cottage in Locust Grove as the likely source of the outbreak - see comments below.  Given the number of E. coli outbreaks linked to tainted meat in the last several months, it will be interesting to see what the common food source is between all those who became ill.  See link to recalls due to E. coli O157:H7 here.

onya - 9:30 AM

what date did this occur? We ate at the country cottage in Locust Grove and have some minor diarrea and stomach cramping.

Blumr - 6:24 AM

My niece is one of the patients and is in ICU. She's had to have dialysis, respirator and has been in very serious condition from this. She also ate at the Country Cottage in Locust Grove, as did the other patients.

dmlbcombs, Claremore (8/25/2008 8:38:56 AM)

The restaurant in question is Country Cottage. Sad deal.

RockBoston, (8/25/2008 10:00:21 AM)

The person that died is a colleague of mine. Very sad how this stuff happens. I did not personally know the guy, but this is a big company so. The whole idea that eating at your favorite restaurant could kill you is mind numbing.

olamom - 10:21 AM

we ate at the country cottage or as some people call it the blue house in locust grove..on saturday and my little girl has bad stomach cramping and diarrea..

One dead, 11 sickened in possible E. coli outbreak - Locust Grove, Oklahoma Implicated

One person died and 11 others are suffering from illnesses possibly related to E. coli, a St. Francis Hospital spokeswoman confirmed late Sunday. The 11 people with illnesses remained as St. Francis patients late Sunday, the spokeswoman said. Leslea Bennett-Webb, communications director for the Oklahoma Department of Health, confirmed at least 10 people were taken to the hospital after eating at a restaurant in Locust Grove.

Between 12 to 20 more people in Beggs, Pryor and Bixby were treated at various Northeast Oklahoma hospitals with similar symptoms this past week.

For more information on E. coli, see www.about-ecoli.com.

Governor Schwarzenegger, Veto This Bill!

An ambitious and well-meaning attempt to make California’s dairy products safer arrives this week in the California Assembly in the form of State Bill 201—but the country’s top food safety advocates are calling on California legislators to vote against it. The bill places regulations on producers of raw milk dairy products and lays groundwork intended to stem the tide of deadly food borne illnesses tied to the raw milk industry. It sounds good, and may have enough support to reach the Governor’s desk, where the same advocates encourage a veto. What’s the problem?

“It’s difficult to work so hard against a bill that has such good intentions,” said William Marler, food safety advocate and attorney. “But SB 201 actually creates a detour around the regulation of raw milk, and must be re-written before the bill is ready. There are children on life support because of raw milk tainted with E. coli and other toxic bacteria, and there will be more of them in California—and nationwide—unless changes are made to this legislation.”

Rather than detailing the levels of fecal contaminates acceptable in a regulated raw milk product, the bill proposes that raw milk be regulated by a HACCP protocol. HACCP—Hazard Analysis Critical Control Point—is a food safety and self-inspection system that describes procedures for producing potentially dangerous foods. There are national HACCP protocols in place for juice, meat, poultry, and seafood processing, but none for raw milk. Developing a HACCP protocol can take years, and if SB201 is signed as written, California raw milk will enter a black hole of regulation. Companies will be free to produce raw milk essentially unregulated until a HACCP plan is ready.

“Raw milk—given that it is outside the pasteurization process—has inherent risks,” continued Marler. “Illnesses from raw milk and raw colostrumE. coli, campylobacter, and listeria—are on the rise, and we’ve seen first-hand a growing number of consumers whose lives will never be the same because of this product:

Dee Creek Farm E. Coli O157:H7 – 11 ill, 4 with Hemolytic Uremic Syndrome, or HUS
Grace Harbor FarmsE. Coli O157:H7 – 2 children ill, one with HUS
Organic PasturesE. Coli O157:H7 - 6 ill, 2 children with HUS
Herb DepotE. Coli O157:H7 - Two children ill
Town Farm DairyE. Coli O157:H7 - 5 ill, 2 with HUS
Alexandre Family EcoDairy Farms – Campylobacter – 15 illnesses, one on a ventilator.”

Raw milk is at the center of a nationwide controversy over its potential value as a nutritional food versus the severe illnesses that can result from contaminated product. Pasteurization was developed to rid dairy products of pathogens like toxic E. coli as well as to assure a longer, safer shelf life. Proponents of raw milk believe that pasteurization also eliminates healthful benefits of the dairy product. (Peer-reviewed literature on the raw milk controversy can be found by clicking here for pro and here for con.)  And, click here for a Legal History of Raw Milk.

“It’s the large producers of raw milk products that SB 201 aims to regulate,” said Marler. “Because of the HACCP loophole, a huge amount of contaminated product could reach the public. This bill is intended to stop them, but instead will give them a free ride for years to come. California Legislators and Governor Schwarzenegger, please send SB 201 back!”

PETA is Full of SHITA - PETA Shows Itself To Be Tone Deaf in its Lack of Concern for Boy Scout E. coli Illnesses

While young children struggle with Hemolytic Uremic Syndrome and others recover slowly for E. coli O157:H7 illnesses, PETA does something incredibly stupid; it writes a public letter extolling the virtues of eating vegan.

Although hamburger (whether from grass or grain feed beef) of late should clearly be avoided, spinach, lettuce, sprouts and other vegetables and fruits (organic or not so) have been shown to carry E. coli O157:H7 as well over the years. From the PETA Website:

Today, PETA sent a letter to Alan Lambert, scout executive of the National Capital Area Council of the Boy Scouts of America, urging him to institute a vegetarian-only meals policy at all Boy Scout events and offering to cater the first all-vegetarian event. PETA's letter comes on the heels of an E. coli outbreak traced to tainted beef that sickened 70 people at a Boy Scout camp in the Blue Ridge Mountains.

PETA, needs to change to TDAS - standing for Tone Deaf and Stupid.  I liked PETA better when they exploited nude women models in the campaign against wearing furs.

E. coli Poisoned Boy Scouts Tops 80 - Hamburger linked to Sodexo and S&S Foods - Illnesses in Virginia and Maryland

Lisa Crutchfield of the Times-Dispatch reported this morning that about 84 people who attended the camp at the reservation between July 20 and Aug. 2 have shown symptoms of the E. coli O157:H7 infection.  Twenty-five children in Northern Virginia have been lab-confirmed with the E. coli O157H7 infection and eight Virginia Scouts have required hospitalization, said Virginia health officials.  In addition, five cases of E. coli O157:H7 have been confirmed among those who returned from Goshen to Maryland.

S&S Foods of Azusa, California recalled about 153,630 pounds of frozen ground beef linked to E. coli O157:H7 infections at Goshen Scout Reservation in Rockbridge County.  Health officials matched samples of beef removed from the Scout reservation to bacteria found in stool samples of some of the affected campers.

According to the CTI website, "CTI Foods is a privately held company owned by a group of foodservice industry veterans.  The Company was established in July 2003 through the acquisition and merger of SSI Food Services, Inc. and S&S Foods, LLC.  Since then, the Company has expanded its operations into Texas by opening two additional processing facilities.  Production operations have been in place since 1986 in Idaho, 1998 in California, and 2004 in Texas."

As I said to the LA Times yesterday:
Since spring 2007, more than 19,500 tons of E. coli-tainted beef have been recalled in more than 30 separate incidents, according to Seattle attorney and food safety expert William D. Marler.

The Massachusetts Department of Public Health announced Monday that it was investigating six cases of E. coli that might be linked to a multi-state outbreak involving tainted meat from Nebraska Beef of Omaha. So far, at least 50 people have been sickened.

"Nobody I've talked to has any idea why we're seeing an increase, though everybody has a different theory," Marler said. "The meat industry basically has no answers. It's pretty frustrating -- there'll be some hand-wringing, a bunch of lawsuits and nothing will be done until three months later, when it all happens again."

UPDATE and Confirmation - Campylobacter Infection Strikes Consumers of Raw Milk in California

We have recently learned of individuals in Northern California who have become seriously ill after consuming raw cow’s milk tainted with the bacteria campylobacter.  At least one person remains hospitalized after consuming the milk and developing Guillain-Barré (ghee-yan bah-ray) syndrome (GBS).  GBS is a disorder in which the body’s immune system attacks part of the peripheral nervous system.  The peripheral nervous system includes the cranial nerves (except the optic [eye] nerve), the spinal nerves, and the autonomic nervous system that governs involuntary actions.  This woman remains hospitalized on a ventilator.

Campylobacter jejuni (pronounced “camp-e-low-back-ter j-june-eye")
is a bacterium that was first recognized as a cause of human gastrointestinal illness in 1975.  Since that time, the bacterium has been identified as the most common cause of bacterial foodborne illness in the U.S., ahead of Salmonella – the second most common cause.


Got “Raw” Milk?


OK, before the raw milk folks get out their pitchforks - again - I want you to know that I have also been retained by the family of one of the people who died after drinking Listeria-tainted "pasteurized milk" (contaminated post-pasteurization during the bottling) in Massachusetts late last year.  See, it is not that I am against raw milk per se, I am just against poisoning people for money - raw or not so.

I learned today that the dairy under investigation is the Alexandre EcoDairy.  The raw milk appears to have been sold under a "cow share" arrangement.  Rumor has it that raw milk sales have been stopped.  The local paper confirmed the outbreak and that the illegal raw milk sales have been halted - "Illness halts raw milk program"  Also, according to www.localharvest.org:

Alexandre EcoDairy Farms is a family grass-based organic dairy on the northern California Coast, producing organic milk in Crescent City, Smith River and Ferndale. Blake & Stephanie Alexandre have a farm store where our local community has access our own meat from grass-fed steers, eggs from pastured poultry, raw milk, and many other hard to find nutrient dense foods. 

For some additional profiles on the dairy:

Organic by the Ocean

Alexandre Dairy

E. coli-tainted Hamburger Supplied by Sodexo Tests Positive and Matches Ill Boy Scouts

The Washington Post reports this evening that “E. coli [O157:H7] found in ground beef at a Boy Scout camp in Goshen, Va., matches bacteria found in [stool] samples taken from some sick campers, lab tests have confirmed, and a state health official called beef the "prime suspect" in the outbreak that shut down the camp this week.”

“At least 27 confirmed E. coli infections have been connected to the camp, mostly among Northern Virginia residents in attendance from July 20 to 26, health officials said. Two campers who attended last week were also infected, a health official confirmed. More than 70 people have exhibited symptoms. Yesterday, one camper remained in a hospital, having been diagnosed with hemolytic uremic syndrome.”

Poisoning 70 Boy Scouts within a few hours drive of our nation's capitol?  Well, if politicians have not paid attention to 40,000,000 pounds of E. coli-tainted meat recalled in the last year, leaving hundreds sickened, some severely so, I am not sure they will pay attention now.

We have had an E. coli case or two against Sodexo over the years.  More interesting will be if the entire supply chain of the tainted meat can be traced from slaughterhouse to the campers.  I have received a few emails today from sources suggesting that the contaminated hamburger served to the Scouts came from a West Coast grinding operation.  We shall see what FSIS does in the next day.

E. coli O157:H7 Tainted Hamburger Linked to Boy Scout Illnesses in Virginia and Maryland

I love this quote:

"Herndon resident Michael Monaco said his 14-year-old son, who started experiencing symptoms Friday, has had his case of E. coli confirmed by a hospital.

"It's very unfortunate, and I'd like to know how the beef got contaminated," Monaco said. "If it's traceable to contaminated beef, I'm mad at the person that provided the beef. There's no way for the Scouts to have known they had bad beef."

One would think that it is a really bad idea to poison boy scouts a few hours outside of Washington DC with E. coli-tainted hamburger, but apparently not.  As I said in a press release today:
“Recalls of beef contaminated with E. coli O157:H7 have jumped by a factor of two hundred in just a year and a half,” said food safety advocate and attorney William Marler. “Families who sent their kids to camp will now spend the rest of the summer with them in ICUs. Something is terribly, terribly wrong with the American meat supply system, and immediate action must be taken by our leaders.”
According to press reports, Virginia Health officials confirmed today that beef taken from the Boy Scout camp in Goshen tested positive for the E. coli O157:H7 bacteria. However, Alan Lambert, the Scout Executive for the National Capital Area Scout council says the Virginia Department of Health says it may not be the only culprit in the outbreak there. He held a press conference in Bethesda, MD Monday morning. Lambert says the USDA is continuing with its investigation.

Health department officials have confirmed at least 14 boys and one adult were infected with E. coli while attending a Boy Scout camp in Rockbridge County. As many as 60 people who attended the Goshen Scout Reservation last week reported becoming ill, and the number of E. coli cases could increase as test results are analyzed, according to the Virginia Department of Health. All 14 boys were from Northern Virginia, and nine were hospitalized.  There are other illnesses in Maryland that have yet to be reported in the press.

Water does not seem to be the source of the infection, said Dr. Douglas Larsen, director for Central Shenandoah Health District. The camp is part of Larsen's district. All six water wells at the camp tested negative on June 21, just prior to the outbreak, Larsen said.

Health department officials have confirmed at least 14 boys and one adult were infected with E. coli while attending a Boy Scout camp in Rockbridge County. As many as 60 people who attended the Goshen Scout Reservation last week reported becoming ill, and the number of E. coli cases could increase as test results are analyzed, according to the Virginia Department of Health. All 14 boys were from Northern Virginia, and nine were hospitalized.

Health officials in Northern Virginia are in the process of talking to those with confirmed cases about what food they ate. That could lead to some more clues, Larsen said.

Also, according to a Boy Scout press release, the Goshen Scout Reservation has been closed and will remain so until further notice. Earlier today, the National Capital Area Council (NCAC), BSA was made aware of three additional Scouts showing symptomatic signs of E. coli bacteria infection. The affected Scouts were at Goshen Scout Reservation during week 5 (July 28 - August 2).

As Many as 78 Goshen Reservation Scouts Sickened - 10 Hospitalized - Possibly Due to E. coli Contaminated Beef and Vegetables

I must admit I was a Boy Scout – many years ago.  I too went to scout camp, but never became ill – certainly not with E. coli O157:H7.  Now at least 18 people have fallen ill with E. coli O157:H7 infections after visiting a Scout camp in Virginia.

According to the Washington Post, the Virginia Department of Health was notified of several cases involving ill children after boys from dozens of Scout troops left the Goshen Scout Reservation outside of Lexington, Virginia.  An additional 60 people who returned from the camp have experienced symptoms that may be from E. coli O157:H7 infections.  Christopher Novak, a Health Department epidemiologist, said the E. coli O157:H7 might have come from packaged meals of vegetables and beef eaten frequently at the camp.

To those reporters reading my blog, a few questions to ask the Virginia Health Department, the USDA/FSIS and the CDC (assuming the vegetable and beef meals are a common food item eaten):

1. What is the Pulsed Field Gel Electrophoresis pattern (genetic fingerprint) of E. coli O157:H7 bacteria taken from the ill scouts’ stools?

2. Does that genetic fingerprint match any other ill people in the United States?

3. Does that genetic fingerprint match any recently recalled meat?

It will be interesting to see if poisoning Boy Scout just outside the D.C. Beltway gets Congresses attention?

Virginia Boy Scouts Sickened by E. coli O157:H7

Virginia Department of Health officials are continuing to investigate an E. coli outbreak at a popular Boy Scouts camp in the Blue Ridge Mountains that has affected 17 people so far.

The officials began receiving reports of sick children Sunday, when boys from about 70 troops and some adults returned home after a week at the Goshen Scout Reservation near Lexington, VA. Most of the scouts are from northern Virginia, and one of the confirmed cases involves a Maryland adult.

As many as 60 people who attended the camp also have exhibited symptoms. Nearly 1,500 scouts and adult leaders and 200 staff were at the camp from July 20-26, the National Capital Area Council of the Boy Scouts of America said in a statement.

Christopher Novak, a health department epidemiologist told the Washington Post that six of those sickened were treated and released. Of the remaining four, two had hemolytic uremic syndrome, which occurs when the toxin produced by the bacterium enters the bloodstream.

At this point there does not seem to be a link between sick boy scouts and Nebraska Beef Ltd.  TIme will tell.  According to the CDC, as of July 29, 2008, 54 confirmed cases have been linked both epidemiologically and by molecular fingerprinting to the Nebraska Beef outbreak. The number of cases in each state is as follows: Georgia (4), Indiana (3), Kentucky (1), Michigan (22), New York (1), Ohio (21), Utah (1) and West Virginia (1). Their illnesses began between May 27 and July 1, 2008. 28 persons have been hospitalized. One patient developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths have been reported. USDA has not informed us of any additional recall actions related to this outbreak investigation since the expanded recalls on July 3.

E. coli O157:H7 Poisons Nearly A Dozen Boy Scouts

E. coli O157:H7 ruins nearly everything – lettuce, spinach, swimming and hamburger cookouts. So, I suppose the following announcement should come as no surprise this fine summer morning:
The Virginia Department of Health is investigating an outbreak of E. coli O157:H7 at a Boy Scout camp in the Rockbridge County community of Goshen.


Eleven cases of E. coli O157 infection have been confirmed and about 20 other people have reported illness since attending the camp from July 20 to July 26, the department said. Most of those affected live in Northern Virginia or other areas around Washington.
It will be interesting to see once the Pulsed field gel electrophoresis (PFGE) genetic patterns are uploaded to PulseNet if the E. coli O157:H7 in the Boy Scouts matches any of the recent hamburger and red meat recalls.

FDA Finds Salmonella Saintpaul Outbreak Strain in Irrigation Water and on Serrano Pepper on Mexican Farm

Lou Dobbs must be dancing in the streets.

Dr. Acheson of the FDA testified today to a packed Hearing of the Energy and Commerce Committee that the FDA found Salmonella saintpaul, the salmonella outbreak strain that has sickened at least 1,307 people since April, on a Mexican farm. However, the CDC also reported today that:
It appears likely that more than one food vehicle is involved in this outbreak. It cannot all be entirely accounted for by a single food item. By themselves, tomatoes cannot explain the entire outbreak, nor do jalapeno peppers explain all the clusters. It appears likely that more than one food vehicle is involved. Although rare, more than one food has been implicated in foodborne outbreaks in the past.

At present, information indicates that jalapeño peppers and Serrano peppers grown harvested, or packed in Mexico are the cause of some clusters and are major food vehicles for the outbreak. Although tomatoes currently on the market are safe, raw tomatoes consumed early in the outbreak are still under investigation. The outbreak strain of Salmonella Saintpaul has been isolated twice from jalapeno peppers and once from Serrano peppers.

So, it is clearly linked to Jalapenos and Serrano peppers. Tomatoes, however, remain suspect for those illnesses that occurred in the beginning of the outbreak – April, May and early June.

E. coli O157:H7 Sickens Nine in Nebraska

So, what’s with Nebraska Beef? Nine people in southeast Nebraska have tested positive for E. coli infections, and health officials said a community event may be to blame for some of the illnesses. E. coli at nother potluck?

The Centers for Disease Control and Prevention (CDC) estimates that every year at least 2000 Americans are hospitalized, and about 60 die as a direct result of E. coli infections and its complications. A recent study estimated the annual cost of E. coli O157:H7 illnesses to be $405 million (in 2003 dollars) which included $370 million for premature deaths, $30 million for medical care, and $5 million for lost productivity (Frenzen, Drake, and Angulo, 2005).

Bolthouse Farms Botulism Revisited

Botulism in food is a rare occurrence – Death by Botulism even rarer. However, I received a call today from a Florida family horribly impacted by the September 2006 Bolthouse Farms Botulism-tainted carrot juice. A full report from the CDC can be found here – “Botulism Associated with Commercial Carrot Juice --- Georgia and Florida, September 2006”

According to the CDC, on September 8, 2006, the Georgia Division of Public Health (GDPH) and CDC were notified of three suspected cases of foodborne botulism in Washington County, Georgia. On September 25, the Florida Department of Health and CDC were notified of an additional suspected case in Tampa, Florida. The Florida case, whose family contacted me, is described below:

On September 25, officials at the Florida Department of Health, the Hillsborough County Health Department, and CDC were notified that a patient had been hospitalized in Tampa, Florida, on September 16, with respiratory failure and descending paralysis. On September 28, botulinum toxin type A was identified in the patient's serum. Circulating toxin persisted more than 10 days after illness onset in this completely paralyzed patient, indicating ingestion of a massive toxin dose. Accordingly, the patient was treated with antitoxin, which prevents binding of circulating botulinum toxin to nerve endings. The patient remains hospitalized, paralyzed, and on a ventilator [actually, the patient has died].

The Hillsborough County Health Department collected an open, 450-milliliter bottle of Bolthouse Farms carrot juice, which had been found by a family member in the hotel room where the patient had been staying during the month before being hospitalized. The hotel room had no refrigerator. The bottle, which had a "best if used by" date of September 19, 2006, had a different lot number than the bottle associated with the Georgia cases. On September 29, botulinum toxin was identified in carrot juice from the bottle found in the patient's hotel room; the toxin was subsequently identified as botulinum toxin type A. Continue Reading...

E. coli Links Nebraska, Georgia, California

E. coli cases are such an everyday announcement now days, I have trouble keep up with them on the blog.  Here are a few over just the last twelve hours.

York Officials Confirmed E. Coli Case
A health official says restaurant food and a recent meat recall have been ruled out as possible sources of E. coli that sickened at least two people in southeast Nebraska. The cases were reported to the department on Tuesday.
More E. coli lawsuit expected
A law suit filed Monday against Nebraska Beef, who the Public Health Department reports sold E. coli tainted meat to a Moultrie restaurant, may not be the only local complaint filed.
Cargill Meat Recalled - Again
Fresno, California - Beef Packers, Inc., a Fresno, California, firm, is recalling approximately 1,560 pounds of beef cheek products because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today. The following products are subject to recall: 30-pound boxes of “CARGILL MEAT SOLUTIONS CORPORATION, BEEF CHEEK MEAT - SM BX.”
E. coli patient hospitalized 3 weeks
Laura Comer spent three weeks in the hospital. Suspect plasma was flushed out of her body and replaced with fresh quantities. Seven doctors treated her, some of them quoting mortality rates. All because of something she ate.

Simsbury Town Farm Dairy Linked to Raw Milk E. coli Outbreak



The Hartford Conneticutt Courant reported that The Town Farm Dairy has stopped producing and selling milk and milk products indefinitely after four people contracted E. coli O157:H7, linked to raw milk they bought from the Simsbury farm. We learned that the four ill are children ages 2-7 and that some, if not all, developed Hemolytic Uremic SyndromeSee TV News coverage.

I have been blogging about raw milk for awhile – I am busier than ever.

E. coli O157:H7 Strikes Georgia and Pennsylvania

In the South, according to Georgia press reports, the Southwest Georgia District Public Health is working closely with Colquitt Regional Medical Center, other local providers and state officials to find out what is behind a cluster of at least four E. coli O157:H7 illnesses.

In the North, in Pennsylvania, Giant Food Stores has pulled some of its Nature's Promise 90-percent lean ground beef patties from shelves because of possible E. coli O157:H7 contamination. The affected 1/3-pound patties are sold in packages of four with a sell date of July 11. The UPC is 20160800000. The product had a limited distribution and was only available for purchase today, Giant said. Consumers who bought the product are urged to return it for a full refund. Giant has several supermarkets in the Lehigh Valley. The announcement also affects Giant partner Martin's Food Markets, which does not have local stores.

E. coli cases in Michigan Increase - Possibly Linked to Dutch Meat Hamburger Recall

The Michigan Department of Community Health reported 29 E. coli cases statewide so far in June, well above the average of 10 cases for the entire month the past four years.  Five people have been hospitalized. The Centers for Disease Control and Prevention has become involved in the investigation. 

Early laboratory reports, including DNA analysis, suggest that ground beef is a common source of the bacteria in several of the individuals who were affected. The ground beef recall of 13,275 pounds from New Jersey Dutch Meats on June 8 may well be related.

The Centers for Disease Control and Prevention (CDC) estimated in 1999 that 73,000 cases of E. coli O157:H7 occur each year in the United States.  Approximately 2,000 people are hospitalized, and 60 people die as a direct result of E. coli O157:H7 infections and complications.  The majority of infections are thought to be foodborne-related, although E. coli O157:H7 accounts for less than 1% of all foodborne illness.

Tomato CSI - Much of Florida Cleared - Mexico on the Block?

I also had a nice chat with Susan Salisbury of the Palm Beach Post Staff Writer how the “Tomato scare unlikely to alter laws.”
The salmonella outbreak that has sickened at least 167 people in 17 states isn't bad enough to generate national food-safety laws, said a leading lawyer specializing in food-borne illness cases.

"It is going to take, unfortunately, an outbreak like the Jack in the Box outbreak in 1993, where you had 600 people sick and four little kids die," said Bill Marler, a Seattle lawyer.

The current outbreak, which dates to mid-April, probably is larger than is being reported, he said.

"For every person they are counting, there are about 40 other people who got sick that they are not counting," Marler said. "This outbreak is a lot bigger than 167 people. It is 40 times that number."



The FDA recommends consuming raw red plum, raw red Roma, or raw red round tomatoes only if grown and harvested from the following areas that HAVE NOT BEEN ASSOCIATED WITH THE OUTBREAK:

Alabama
Arkansas
California
Colorado
Delaware
Florida (counties of: Jackson, Gadsden, Leon, Jefferson, Madison, Suwannee, Hamilton, Hillsborough, Polk, Manatee, Hardee, DeSoto, Sarasota, Highlands, Pasco, Sumter, Citrus, Hernando, Charlotte)*
Georgia
Hawaii
Louisiana
Maine
Maryland
Massachusetts
Minnesota
Mississippi
New Jersey
New York
Nebraska
North Carolina
Ohio
Pennsylvania
South Carolina
Tennessee
Texas
Utah
Virginia
Washington
West Virginia
Wisconsin
Belgium
Canada
Dominican Republic
Guatemala
Israel
Netherlands
Puerto Rico

Salmonella Tomato Update - 17 States and 167 People Ill and Counting

According to the CDC, since mid-April, 167 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 17 states: Arizona (12 persons), California (2), Colorado (1), Connecticut (1), Idaho (2), Illinois (27), Indiana (7), Kansas (5), Michigan (2), New Mexico (39), Oklahoma (3), Oregon (3), Texas (56), Utah (1), Virginia (2), Washington (1), and Wisconsin (3). These were identified because clinical laboratories in all states send Salmonella strains from ill persons to their State public health laboratory for characterization. Among the 73 persons who have been interviewed, illnesses began between April 16 and May 27, 2008. Patients range in age from 1 to 82 years; 49% are female. At least 23 persons were hospitalized.

I spoke with Mike Stobbe for his article: “Why did food sellers treat tomatoes like hot potatoes?”

It's an expensive proposition to toss seemingly edible food, experts said. But McDonald's and others had good reason to pull the tomatoes, said Bill Marler, a Seattle attorney who for 15 years has specialized in food-contamination cases.
"The dilemma is if they don't recall the tomatoes and someone gets sick, then they're going to really look foolish," he said.
Recent news continues to point to Mexico as the likely source of the tainted-tomatoes.  Everyone is waiting for the FDA announcement.  I did make a passing mention on my hero, Perishable Pundit's. blog where he was discussing why tomatoes are being removed from shelves, even though the risk is likely long past:
“The problem now is that the buyers and even the food safety people at these buying organizations lose control once FDA issues a statement. Then it puts things into legal parlance, and all the lawyers can think about is Bill Marler, plaintiff’s food safety lawyer par excellence, stroking his chin thoughtfully as he questions the CEO of one of these big chains while on the witness stand: “So, sir, you elected to buy tomatoes from Mexico even though you knew that the FDA, the official food safety expert of the federal government of these United States, had specifically advised you not to do so?”

Houston Chronicle Cancer Patient, Raul Rivera, Ate Salmonella St. Paul Tainted Tomatoes Prior to Death

Texas Health officials today confirmed that a Houston cancer patient who died after being hospitalized with nausea, diarrhea and high fever had contracted Saint Paul salmonellosis, but stopped short of saying the debilitating illness caused his death. 

Salmonella Saint Paul — spread by eating some types of raw red tomatoes — has sickened 146 people in 16 states.  Confirmation that Raul Rivera, 67, also had contracted the disease brings the total of Harris County victims to 15.  Fifty-seven Texans have been sickened by the disease. 

The CDC estimates that 1.4 million cases occur annually (CDC, 2005, October 13).  Slightly more than 400 involved the Saintpaul strain.  Approximately 600 deaths are caused by Salmonella infections in the U.S. every year, accounting for 31 percent of all food-related deaths (CDC, 2005, October 13; MMWR Weekly, 2001).

As I said in the San Jose Mercury News article, “Restaurants, markets pull tomatoes in scare”
Salmonella is not as deadly as E. coli, but it can kill, said Bill Marler, a Seattle attorney who specializes in winning settlements for victims of food poisoning.

"About 1.4 million Americans get salmonella poisoning every year, and about 76,000 get E. coli poisoning," he said. Salmonella also kills more people - particularly the elderly, about 600 a year, he said.
Rumor has it that Lou Dobbs might well be wrong to blame Mexico for the tainted-tomatoes.  The location of possible growers may well be home grown in Florida or Virginia.  We shall see.



And, in the Chicago Tribune article, “Salmonella scare holds the tomato”
The FDA hasn't traced the origin of the Salmonella Saintpaul outbreak, but a New Mexico Department of Health official told the Albuquerque Journal last week that preliminary information points to Mexico as the source.

From a growing-season perspective, that would make sense, some tomato safety experts say.

"I wouldn't be surprised, because it's the right time of the year," said Bill Marler, a Seattle attorney who specializes in food contamination cases, including some involving tomatoes.

So, where the Hell did the Salmonella Tomatoes and E. coli Romain Lettuce come from?

The Food and Drug Administration last weekend expanded its warning about a salmonella outbreak connected to eating raw tomatoes to 16 states.  The initial warning came June 3 about tomatoes in New Mexico and Texas.  Saturday, officials expanded the warning nationwide.  By Sunday, officials put the reported illness count at 145 to 150 in 16 states.  There were 25 hospitalizations but no deaths.   There is a quote by one New Mexico Health official that the tomatoes came from Mexico (I can hear Lou Dobbs now).  And, this is the best we get from the FDA:
''We're trying to get an answer as quickly as possible as to where these tomatoes came from,'' says David Acheson, director of the FDA's Food Safety and Security Staff.
The same is true in the romaine lettuce outbreak in Washington State.  In late May, at least nine people - a possible tenth went untested - were sickened by E. coli bacteria in two counties in the Puget Sound area of Washington state.  Officials for the Washington State Department of Health are pointing to romaine lettuce served in educational institutions as the source of contamination.   And I find this quote this morning:
"While the source of the romaine is unknown, at this time of year it is likely to have come from the Salinas Valley, said Dennis Donohue, chairman of the Grower-Shipper Association of Central California and Salinas mayor."
In the days of the risk of bio-terrorism, and with the advent of computer technology to pin-point where our books from Amazon are, you would think we would be able to trace-back contaminated tomatoes and lettuce a bit quicker?

145 Salmonella St. Paul Illnesses in Arizona, California, Colorado, Connecticut, Idaho, Illinois, Indiana, Kansas, New Mexico, Oklahoma, Oregon, Texas, Utah, Virginia, Washington, and Wisconsin caused by Roma, Plum and Round Tomatoes

FDA Warns Consumers Nationwide Not to Eat Certain Types of Raw Red Tomatoes

The Food and Drug Administration is expanding its warning to consumers nationwide that a salmonellosis outbreak has been linked to consumption of certain raw red plum, raw red Roma, and raw red round tomatoes, and products containing these 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:
Arkansas, California, Georgia, North Carolina, South Carolina, Tennessee, Texas, Belgium, Canada, Dominican Republic, Guatemala, Israel, Netherlands, and Puerto Rico.
So, where did the tainted tomatoes turn-up?  Recent reports suggest Mexico as the source of the terrible tomatoes.

The CDC also weighed in a few moments ago.  According to the CDC, 16 states: 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) have ill people. 

These were identified because clinical laboratories in all states send Salmonella strains from ill persons to their State public health laboratory for characterization.   Among the 73 persons who have been interviewed, illnesses began between April 16 and May 27, 2008.  Patients range in age from 1 to 82 years; 49% are female. At least 23 persons were hospitalized. 

So, we are having tacos (fish) for dinner tonight and we are thinking about using salsa.  So, I looked on the label and tried to figure out if this was part of the recall or not.  Damn, if I can not figure this out.  As I said in a press release yesterday:

"A Long History of Tomatoes and Salmonella"


“Salmonella and tomatoes have an ongoing relationship,” Marler said. “Sadly, it’s a long list of outbreaks. We’ve gotten better at tracing the serotypes and finding the source of the tainted food, but we have to do more: we have to prevent contaminated food from entering the food supply in the first place.”

In 1990, a reported 174 salmonella javiana illnesses were linked to raw tomatoes as part of a four-state outbreak. In 1993, 84 reported cases of salmonella montevideo were part of a three-state outbreak. In January 1999, salmonella baildon was recovered from 86 infected persons in eight states. In July 2002, an outbreak of salmonella javiana occurred associated with attendance at the 2002 U.S. Transplant Games held in Orlando, Florida during late June of that year. Ultimately, the outbreak investigation identified 141 ill persons in 32 states who attended the games. All were linked to consumption of raw tomatoes.

During August and September 2002, a salmonella newport outbreak affected the East Coast. Ultimately, over 404 confirmed cases were identified in over 22 states. Epidemiological analysis indicated that tomatoes were the most likely vehicle, and were traced back to the same tomato packing facility in the mid-Atlantic region.

In early July 2004, as many as 564 confirmed cases of salmonellosis associated with consumption of contaminated tomatoes purchased at Sheetz Convenience Store were reported in five states: Pennsylvania, Maryland, Ohio, West Virginia, and Virginia. Seventy percent were associated with tomatoes in food prepared at Sheetz convenience stores. In 2006 two outbreaks of salmonella-tainted tomatoes where reported by the FDA. One was blamed for nearly 100 illnesses in 19 states. FDA also traced tomatoes involved in another outbreak involving 183 people in 21 states.

14 States and counting in the 2008 Salmonella Tomato Outbreak - Possible Link to 2006 Spinach E. coli Outbreak?

According to the CDC, since late April, at least 105 people infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in the United States.  New Mexico (36) and Texas (35) were first to report.  In addition, 34 other people with the outbreak strain of Salmonella Saintpaul have been reported since mid-April in residents of Arizona (7 persons), Colorado (1), Idaho (2), Illinois (12), Indiana (1), Kansas (3), Oklahoma (3), Utah (1), Virginia (2), and Wisconsin (2).  There are also press reports of Salmonella illnesses in several other states, including Washington, California and Oregon.  CDC needs to update its map.

In addition, I was reading the online version of the WSJ this morning and saw this line:
[The FDA] said the tomatoes may have come from one region, similar to the spinach E. coli outbreak in the fall of 2006.
I assume that the FDA and the reporters mean that, like the Dole Spinach E. coli outbreak of 2006, which was linked to the Salinas Valley, this Salmonella Tomato outbreak may also be linked to a specific region – not the Salinas Valley – I bet California hopes so anyway.

Update - In Washington State Thurston and Pierce Counties at Least Ten Sick by E. coli O157:H7 Contaminated Romaine Lettuce

According to the Washington State Department of Health, nine Thurston and Pierce county adults and children fell ill in May with stool culture confirmed E. coli O157:H7 infections that appear to have come from contaminated romaine lettuce served in either a school or restaurant setting.  A 10th person, who was ill but who was not tested, also consumed romaine lettuce.

Six of those who fell ill were Pierce County residents.  Two were hospitalized.  Some or all of the ill ate salads at Pacific Lutheran University.

In Thurston County, all four victims were teenagers. Three attend Olympia’s Capital High School.  The fourth goes to Marshall Middle School.

Officials have not yet discovered the source of the romaine lettuce.  So far the investigation has narrowed to three produce distributors which source from California.  In other words – “the noose tightens.”

The Salinas Californian jumped into the hunt this morning (by reading my blog)
An E. coli outbreak in Washington State linked to romaine lettuce by health authorities has Salinas Valley growers nervous.

In late May, at least nine people - a possible tenth went untested - were sickened by E. coli bacteria in two counties in the Puget Sound area of Washington State. Officials for the Washington State Department of Health are pointing to romaine lettuce served in educational institutions as the source of contamination, according to www.marlerblog.com, published by Bill Marler, the Seattle-based lawyer who represents many of those sickened in a 2006 E. coli outbreak traced back to Central Coast bagged spinach salad.

While the source of the romaine is unknown, at this time of year it is likely to have come from the Salinas Valley, said Dennis Donohue, chairman of the Grower-Shipper Association of Central California and Salinas mayor.

Salmonella Tomatoes Confronts California and Oregon

A San Francisco Bay Area resident has Salmonella St. Paul that has sickened over 100 people in in at least nine states and been linked to consumption of tomatoes.  The California Department of Public Health said Friday that it is working with local officials to determine if the Contra Costa County resident's illness stemmed from eating tomatoes in California or in another part of the country.  The department also said it is working with Oregon officials to determine if an Oregon resident confirmed to have the strain of the illness known as Salmonella St. Paul ate tomatoes while in Southern California.

Washington Salmonella cases investigated in Walla Walla, Umatilla Counties - Linked to Nation-wide Tomato Outbreak?

The Tri-City Herald reports this morning that more than a half dozen cases of salmonella in Walla Walla and Umatilla counties are being investigated.  The county health departments are waiting for results from state labs that could indicate whether these cases are related to a national salmonella outbreak, department administrators said.  As Genni Lehnert, the administrator for Umatilla County Public Health said:

“It could very well be linked to the national outbreak,” she said.  But only lab results identifying the strain will tell.

The national outbreak that is likely caused by raw tomatoes had not yet hit Washington state as of Wednesday, according to the Centers for Disease Control and Prevention.  Nearly 100 people in 11 states have been infected with salmonella since late April.  The specific type and source of tomatoes is under investigation, but large tomatoes like Roma and red round might be the source, according to the CDC.

E. coli Infections in Washington Traced to Restaurant Romaine Lettuce

King 5 TV just reported that the Washington State Department of Health announced that nine confirmed cases of E. coli O157:H7 infection found in north Thurston and south Pierce counties (appears to be college students - food service) have been traced to bagged, commercial romaine lettuce.  Health officials say it's not the same type of lettuce you would buy in a grocery store.  The Health Department says four cases of E. coli O157:H7 infection were identified in Thurston County, and six in Pierce County. Some of the people infected were hospitalized.  The people who got sick all had salad or lettuce at different places, which means all of those places probably got their lettuce from a single source.

E. coli O157:H7 outbreaks associated with leafy greens such as lettuce are by no means a new phenomenon.  FDA San Francisco District director, Dr. Barbara Cassens, reported that in the last 12 years, 22 E. coli O157:H7 outbreaks have been linked to consumption of contaminated leafy greens.  Consumers were first notified that a large and deadly outbreak of E. coli O157:H7 was underway on September 14, 2006 when the FDA issued a notice that 14 states were reporting 45 cases of E. coli O157:H7 and that pre-bagged spinach was the likely vehicle.  Ultimately 26 states and one province in Canada would report 205 spinach-associated cases of E. coli O157:H7 to the CDC.

Only weeks after the spinach scare in September 2006, an outbreak of E. coli O157:H7 "allegedly" occurred among customers of Taco Bell restaurants located in Delaware, Pennsylvania, New Jersey and New York.  The first cases were identified in late November. By year’s end, 78 probable and confirmed cases of E. coli O157:H7 had been reported to health officials.  At least 53 victims were hospitalized and 8 developed HUS.   Within weeks another multi-state outbreak of E. coli O157:H7 associated with iceberg lettuce, shredded by Bix, and  incorporated into meals manufactured at Taco John restaurants.  The outbreak sickened 81 people.  Illnesses were reported in Minnesota (33), Iowa (47) and Wisconsin (1).  Twenty six people were hospitalized, and two suffered from HUS.

It is clear that the risks associated with E. coli O157:H7 and leafy greens are well known to both public health and industry.  A review of pre-2006 foodborne illness outbreaks is telling. In October 2005 the Minnesota Department of Health investigated an outbreak of E. coli O157:H7 that would grow to include ill persons in Wisconsin and Oregon.  Thirty-two cases were identified as being part of the outbreak.  Case control study data showed a statistically significant association between illness and consuming Dole pre-packaged lettuce.

In October 2003, 13 residents of a California retirement center were sickened and 2 died after eating E. coli-contaminated “pre-washed” spinach.  In September 2003, nearly 40 patrons of a California restaurant chain became ill after eating salads prepared with bagged, “pre-washed” lettuce. In July 2002, over 50 young women were stricken with E. coli O157:H7 at a dance camp after eating “pre-washed” lettuce, leaving several hospitalized and 1 with life-long kidney damage.  The Center for Science in the Public Interest found that, of 225 food-poisoning outbreaks from 1990 to 1998, nearly 20 percent (55 outbreaks) were linked to fresh fruits, vegetables, or salads.  This chart provides an overview of some of the reported E. coli O157:H7 outbreaks linked to consumption of leafy greens.

For years the FDA has been aggressively trying to get the produce industry to address serious deficiencies that are creating a critical risk to consumers.  In 1998, the FDA issued guidance to industry entitled “Guide to Minimize Microbial Food Safety Hazards for Fruits and Vegetables.”  The guide was specifically designed to assist growers and packers in the implementation of safer manufacturing practices.  Since the release of this document in 1998, the FDA has undertaken a number of initiatives on produce safety and issued a series of letters to industry.

On February 5, 2004, the FDA issued a letter to the lettuce and tomato industries to “make them aware of [FDA’s] concerns regarding continuing outbreaks associated with these two commodities and to encourage the industries to review their practices.”  In November 2005, the FDA addressed its concerns to California lettuce producers in its “Letter to California Firms that Grow, Pack, Process, or Ship Fresh and Fresh-Cut Lettuce.”  The letter begins:
This letter is intended to make you aware of the Food and Drug Administration's (FDA's) serious concern with the continuing outbreaks of foodborne illness associated with the consumption of fresh and fresh-cut lettuce and other leafy greens.
In the letter the FDA counted at that time 18 outbreaks (now 22 or 23) of E. coli O157:H7 associated with fresh or fresh-cut lettuce occurring between 1995 and 2005, which resulted in 409 illnesses and two deaths.  The FDA stated that industry’s role in preventing these illnesses is crucial because “these products are commonly consumed in their raw state without processing to reduce or eliminate pathogens.”

At least 97 sickened by Salmonella Tomatoes in Texas, New Mexico, Arizona, Colorado, Idaho, Illinois, Indiana, Kansas, Utah, Virginia and Wisconsin

The CDC announced today, in collaboration with public health officials in several states, the Indian Health Service, and the U.S. Food and Drug Administration (FDA) an ongoing multistate outbreak of human salmonella serotype Saintpaul infections. All seem to be linked to the consumption of Tomatoes.

Since late April, 68 persons infected with salmonella Saintpaul with the same genetic fingerprint have been identified in Texas (35 persons) and New Mexico (33 persons). In addition, 29 persons with the outbreak strain of Salmonella Saintpaul have been reported since mid-April in residents of Arizona (6 persons), Colorado (1), Idaho (2), Illinois (12), Indiana (1), Kansas (3), Utah (1), Virginia (1), and Wisconsin (2).

Salmonella is one of the most common enteric (intestinal) infections in the United States.  Salmonellosis (the disease caused by salmonella) is the second most common foodborne illness after Campylobacter infection.  It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related.  Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by salmonella infections each year.  Salmonellosis is more common in the warmer months of the year.

For more information on salmonella and prior salmonella-tainted tomato outbreaks visit www.marlerclark.com.

As I have posted before, salmonella and tomatoes have an ongoing relationship.  In 1990, a reported 174 Salmonella javiana illnesses, as part of a four state outbreak, were linked to raw tomatoes. In 1993, 84 reported cases of Salmonella Montevideo were part of a three state outbreak that was linked to raw tomatoes.  In January 1999, Salmonella Baildon was recovered from 86 infected persons in eight states.  In July 2002, an outbreak of Salmonella javiana occurred associated with attendance at the 2002 U.S. Transplant Games held in Orlando, Florida during late June of that year.  Ultimately, the outbreak investigation identified 141 ill persons in 32 states who attended the games.

During August and September 2002, a Salmonella Newport outbreak affected the East Coast.  Ultimately, over 404 confirmed cases were identified, in over 22 states.  Epidemiological analysis indicated that tomatoes were the most likely vehicle, and were traced back to the same tomato packing facility in the mid-Atlantic region.

In early July 2004, as many as 564 confirmed cases of salmonellosis associated with consumption of contaminated tomatoes purchased at Sheetz Convenience Store were reported in five states, Pennsylvania, Maryland, Ohio, West Virginia, and Virginia.  Seventy percent were associated with tomatoes in food prepared at Sheetz convenience stores.

In 2006 two outbreaks of Salmonella-tainted tomatoes where reported by the FDA.   One was blamed for nearly 100 illnesses in 19 states.  FDA also traced tomatoes involved in another outbreak involving 183 people in 21 states.

Washington State Department of Health Investigates E. coli O157:H7 Outbreak

The Washington State Department of Health is investigating an outbreak of E. coli O157:H7 that has sickened several people in the state.  From mid to late May, there have been nine laboratory confirmed cases of E. coli O157:H7 of which eight have matching genetic patterns.  One additional suspect case also is under investigation by the state department of health.  Of the 10 cases, there are seven adolescents (age 13 through 19) and three adults (21 and older). No deaths have been reported.

According to Steve Fuller of the Washington State Department of Health, Division of Environmental Health Food Safety Program, an investigation is being conducted to try to determine the source of the illnesses.  The epidemiology points to romaine lettuce as the most likely source, though it remains one of several possibilities, and romaine lettuce has not been implicated officially in the outbreak.

Fuller added the investigation is ongoing and the U.S. Food and Drug Administration is conducting a trace-back investigation to determine if a source can be identified.  Commenting on an earlier Ohio media report that the particular strain of E. coli O157:H7 found in a stool sample from a 52-year-old woman who died matched the strain found in several people infected in Washington State, Ohio Department of Health spokesman Kristopher Weiss said that at this point the case remains under investigation and is not linked the California outbreak.

Last year my friends at Dole had some problems with romaine lettuce (well, at least the Canadians thought so):

DOLE BRAND HEARTS DELIGHT LETTUCE SALAD MAY CONTAIN E. coli O157:H7 BACTERIA
OTTAWA, September 16, 2007 - The Canadian Food Inspection Agency (CFIA) is warning the public not to consume Dole brand Hearts Delight lettuce salad (Ready to eat blend of romaine, green leaf & butter lettuce hearts) described below because this product may be contaminated with E. coli O157:H7 bacteria.

The affected product, Dole brand Hearts Delight lettuce salad (Ready to eat blend of romaine, green leaf & butter lettuce hearts), produce of USA, is sold in 227 g packages bearing UPC 0 71430 01038 9, BIUB (Best If Used By) date 07SE19 and lot code A24924B. This product may have been distributed nationally.


FDA Warns Consumers in New Mexico and Texas Not to Eat Raw Red Killer Tomatoes Tainted with Salmonella

The Food and Drug Administration (FDA) is alerting consumers in New Mexico and Texas that a salmonellosis outbreak appears to be linked to consumption of certain types of raw red tomatoes and products containing raw red tomatoes. The bacteria causing the illnesses are Salmonella serotype Saintpaul, an uncommon type of Salmonella.

Preliminary data suggest that raw red plum, red Roma, or round red tomatoes are the cause. At this time, consumers in New Mexico and Texas should limit their tomato consumption to tomatoes that have not been implicated in the outbreak. These include cherry tomatoes, grape tomatoes, tomatoes sold with the vine still attached, and tomatoes grown at home.

From April 23 though June 1, 2008, there have been 57 reported cases of salmonellosis caused by Salmonella Saintpaul in New Mexico and Texas, including 17 hospitalizations. Approximately 30 reports of illness in Arizona, Colorado, Idaho, Illinois, Indiana, Kansas, and Utah are currently being investigated to determine whether they are also linked to tomatoes.

Attack of Salmonella Killer Tomatoes in New Mexico, Texas, Arizona, Utah, Colorado, Kansas, Idaho, Illinois and Indiana

According to the CDC, an outbreak of  food poisoning linked to uncooked tomatoes has now been reported in nine states.  Lab tests have confirmed at least 54 illnesses in Texas and New Mexico as the same type of salmonella, right down to the genetic fingerprint.  At least 17 people in Texas and New Mexico have been hospitalized.  Another 30 people have become sick with the same Salmonella Saintpaul infection in Arizona, Utah, Colorado, Kansas, Idaho, Illinois and Indiana.  In Texas (21 sick) and New Mexico (33 sick), raw large tomatoes — including Roma and red round tomatoes — were found to be a common factor in the illnesses.

Amish Macaroni Salad Recalled in Delaware, Illinois, Indiana, Maryland, Michigan, New Jersey, New York, Ohio and Pennsylvania

Orval Kent Foods has announced a voluntary recall of 23,000 pounds of Amish macaroni salad after the Ohio Department of Agriculture found E. coli in a sample package. Products included in the recall include Orval Kent Amish Macaroni Salad in 5-pound containers with June 12th expiration dates and Yoder's Amish Macaroni salad in 1, 2 and 5-pound containers with June 7th expiration dates.

Salmonella St. Paul sickens 21 in New Mexico, 14 in Texas and They are Still Counting in Colorado, Utah and Arizona.

I blogged last week that New Mexico was reporting a large cluster of salmonella illnesses.  This morning New Mexico state health department says there are now 21 and that many of the state's recent salmonella cases are linked.  Health officials said many come from the same strain - "Saint Paul."  The ill patients live in McKinley, San Juan, Dona Ana, Curry, Socorro and Bernalillo counties, ranging in age from 2 to 82.  Right now there are also 14 cases of salmonella in Texas.  Other nearby states reporting cases are Colorado, Utah and Arizona.  Salmonella St. Paul is the 6th most common serovar (over 2,000 serovars) infecting humans in the United States.  The CDC reports that it has been found in outbreaks related from reptiles to sprouts.

With more that 40 cases reported as salmonella St. Paul stool culture positive, it is likely that the "real number" - those persons not culture-positive, but still ill - may be in excess of 160.  (See, AC Voetsch, “FoodNet estimate of the burden of illness caused by nontyphoidal Salmonella infections in the United States,”Clinical Infectious Diseases 2004;38 (Suppl 3):S127-34).

Salmonella Hits New Mexico - At Least 19 ill with 7 Hospitalized

The New Mexico Department of Health is investigating 19 salmonella cases across the state since May 8. Several patients have been hospitalized with severe symptoms, but no deaths have been reported.  Health officials are interviewing patients to determine how they may have contracted the illness.  The patients live in McKinley, San Juan, Dona Ana, Curry, Socorro and Bernalillo counties, ranging in age from 2 to 82.

My bet is cantaloupe.

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.

Salmonella infection occurs when the bacteria are ingested, typically from food derived from infected food-animals, but it can also occur by ingesting the feces of an infected animal or person. Food sources include raw or undercooked eggs/egg products, raw milk or raw milk products, contaminated water, meat and meat products, and poultry. Raw fruits and vegetables contaminated during slicing have been implicated in several foodborne outbreaks.

In the last 15 years, I have been involved in thousands of cases of Salmonella in nearly every state.

Princeton Salmonella Caused by Touch of Ill Worker?

New Jersey health officials announced today that the Salmonella outbreak at Princeton University appears to have been caused by an ill food service worker who touched (with what?) some shredded cheddar cheese.  Salmonella is a fecal bacterium that causes one of the most common enteric (intestinal) infections in the United States – Salmonellosis.

The New Jersey Health Department says there were 28 confirmed and 42 probable cases of Salmonella infections on campus between April 20 and May 2. 

 All the cases appeared to come from two food stations at the Frist Student Center.  A salad bar and the Ole Nuevo Latino food station were shut down on May 2, but reopened Monday.  Food workers at the campus center have been given refresher training on health issues, including wearing gloves and not working when they're ill.

What is FSIS Really Thinking?

I read with some level of concern that “FSIS Issues Public Health Alert For Beef Products Due To Possible E. Coli O157:H7 Contamination” which wound up in my inbox this morning:
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) is issuing a public health alert [not a recall] for approximately 808 pounds of ground beef products produced at Tyson Fresh Meats, Inc., a Lexington, Neb., establishment that may be contaminated with E. coli O157:H7. Here is the interesting part:

Tyson Fresh Meats, Inc., (EST. 245L), sold chubs of 85% lean, 15% fat coarse ground beef to Sherm’s Food-4-Less retail establishment in Medford, Oregon, who then processed this ground beef into various sized packages of ground beef products and sold to consumers between May 7 and May 19.

FSIS is issuing a public health alert rather than a recall because FSIS has confirmed that none of the affected products remain available for sale at this retail establishment. Consumers that may have purchased various sized packages of ground beef products at this retail establishment between May 7 and May 19 are urged to check their refrigerators and freezers and discard or return the ground beef products for a refund.

An alert, but not a recall, and only focusing on product from Tysons sent to Sherm’s Food-4-Less? What about other grinders or other retail establishments that received the same product from Tysons? The alert in fact says:
The problem was discovered after a microbiological test for E. coli O157:H7 was reported positive by another recipient of the product subject to this alert.
Why no alert or recall for that recipient? How many recipients are there? Where is the transparency?

Twenty-eight Cases of Salmonella Bacteria Infections have been Confirmed on Princeton University's Campus

Katie Wagner of the Packet wrote a few moments ago “Salmonella infection count at university now at 28.” According to Ms. Wagner:
Since April 29, when the university learned of the first of the cases, a total of 20 students and eight staff members have been infected, university spokeswoman Cass Cliatt said. The latest date of onset of symptoms for the confirmed cases is May 2, which was before Princeton took its intervention measures to close the Mexican and salad food stations and remove some food foods at its largest dining facility on campus — the Frist Campus Center — Ms. Cliatt said. “No source determined, though state health officials say the cases are ‘associated’ with the Frist venue,” Ms. Cliatt said. “The investigators continue to work around the clock analyzing data from people who did and did not get sick.”

INS Raids, Bad for Consumers?

I was reading today that Immigration and Customs Enforcement officials have said that 390 people have been arrested on immigration charges after Monday's raid at Agriprocessors Inc., in Postville, Iowa.  The facility is the world's largest kosher meatpacking plant.  According to INS officials, the raid was aimed at seeking evidence of identity theft, stolen Social Security numbers and people who are in the country illegally.

Now, here is a thought.  Killing and slaughtering cows is likely not a pretty job.  Perhaps, like the immigrants who took those jobs in the Chicago Packing Houses in “The Jungle,” these “immigrants” where the only folks interested in the work.  My guess is that they might also be pretty good at it.  So, who replaces these skilled, but undocumented workers?  US citizens who have no idea how to properly kill and dress a cow?  With the increase we have seen in E. coli O157:H7 cases in the last year, I wonder if adding unskilled, but US workers to the mix is good for the consumer?

See the full story - "Undercover worker aided agents" by JEFF REINITZ, Courier Staff Writer

Albuquerque New Mexico International House of Pancakes - IHop - Linked to Possible Hepatitis A Illnesses

Since April of this year, the New Mexico Department of Health has been investigating two Albuquerque IHop restaurants after two food servers were diagnosed with hepatitis A.  The servers at two separate International House of Pancakes – IHop - restaurants in northeast Albuquerque have been diagnosed with hepatitis A, the department said Tuesday.  One of the servers became sick on March 24, the other on April 19.  Two other cases of hepatitis A have been linked to at least one of the servers, state health officials said.

The department is trying to identify people who might have been exposed to the disease so that they can be vaccinated or receive medication to prevent new cases.  Health officials are urging anyone who ate at the restaurants between March 22 and April 21 and are now sick to contact their health care providers.

Symptoms of hepatitis A include fever, abdominal pain, vomiting, diarrhea, dark-colored urine and jaundice, which can turn skin yellow.  The average time between exposure and symptoms is 28 to 30 days, with a range of 15 to 50 days.

I have had the honor to represent thousands of people in the following hepatitis A outbreaks:

* Carl’s Jr. Hepatitis A Outbreak - Washington
* Chi-Chi’s Hepatitis A Outbreak - Pennsylvania
* Chipotle Grill Hepatitis A - San Diego
* D’Angelo’s Deli Hepatitis A Outbreak - Massachusetts
* Friendly’s Hepatitis A Exposure - Massachusetts
* Houlihan’s Hepatitis A Exposure - Illinois
* Maple Lawn Dairy Hepatitis A Outbreak - New York
* McDonald’s Hepatitis A Outbreak - Washington
* Quizno’s Hepatitis A Exposure - Massachusetts
* Soleil Produce Hepatitis A Outbreak - California
* Subway Hepatitis A Outbreak - Washington
* Taco Bell Hepatitis A Outbreak - Florida

Ashlyn Johnson Sickened by Salmonella at Shelby County Relay for Life Event at Roughrider Stadium in Center Texas

KTRE 9 reports that Ashlyn Johnson was one of more than three dozen people who came down with salmonella last week.  They all attended a Relay For Life event at Roughrider Stadium in Center last Friday evening. Ashlyn's kidneys were failing so she was lifeflighted to a Shreveport hospital Tuesday night. She came home Friday, exactly one week after eating one scoop of some homemade ice cream that was sold at the event. Her mother said her daughter ate only the homemade ice cream that was made and served by a Center church. Ashlyn spent a week in the intensive care unit. She's now well enough to return to school on Monday. The Texas Department of State Health Services said the investigation is continuing and that no organism or specific sources for the illness have been confirmed yet, though some kind of food or drink served at the event is suspected.

Princeton Salmonella Poisonings Top 90

Newsday reports that the number of confirmed cases of salmonella at Princeton University continues to grow.  The university said today that there are now 22 confirmed cases -- 20 students and two staff.  Health officials have been investigating more than 70 other cases of stomach problems at the school that may be related to the bacteria.  The number of confirmed cases is four times what it was a week ago.  No source has been determined. But a salad bar and a Mexican food station at the campus center's dining facility remain closed as a precaution.

Hawaii Meat Plant - Palama Holdings - Recalls E. coli Contaminated Ground Beef

You usually think of Hawaii for it's great weather and beaches (below).  But late last night it was announced that Palama Holdings LLC, a Kapolei Hawaii firm is voluntarily recalling more than 68,000 pounds of ground beef products because they may be contaminated with E. coli contamination.  Click in QuickTime Player Icon for Hawaiian News.  The following products are subject to recall:
  • Six- and ten-pound boxes containing 1/4-pound and 1/3-pound "May's Teriyaki Beef Patties."
  • 24-pound bulk boxes of "May's Beef Picnic Patties."
  • Ten-pound boxes of "May's Beef Pattie, 3:1 Layer Pack."
  • Three-pound trays of "May's Ground Beef Family Pack."
  • Five- and ten-pound chubs of May's brand coarse ground and fine ground beef products.
See FSIS Recall Notice.

Salmonella Still Plagues Princeton - Ill People Now 17

Princeton health authorities have confirmed at least 17 cases of salmonella at Princeton University and are investigating 70 other cases of stomach problems at the school that may be related to the bacteria.  Princeton spokeswoman Cass Cliatt says the most recent patient diagnosed got sick last week. Lab tests for salmonella take at least three days.  On Friday, the university stopped serving some produce as a precaution. It also closed a salad bar and a Mexican food station at the campus center's dining facility.  Officials have interviewed 135 sick and healthy subjects at the school to try to track a common food source.

Salmonella Plague at Princeton

Jack Ackerman of the Daily Princetonian reported that the number of confirmed Salmonella infections on campus has risen to 16, including 15 students and one staff member. Despite not knowing the source, the Princeton Regional Health Department (PRHD) has been working with New Jersey state officials to conduct preliminary food history surveys with both infected and healthy students. The data collected so far points to the Frist Gallery as being a possible source of infection.

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.

Salmonella
infection occurs when the bacteria are ingested, typically from food derived from infected food-animals, but it can also occur by ingesting the feces of an infected animal or person. Food sources include raw or undercooked eggs/egg products, raw milk or raw milk products, contaminated water, meat and meat products, and poultry. Raw fruits and vegetables contaminated during slicing have been implicated in several foodborne outbreaks. We are involved in representing families of children who have suffered from this bacterium.  For more information on past outbreaks, visit Marler Clark.

Chinese Fish Imports Raise Concerns

I was reading Bill Lambrecht’s article from the St. Louis Post-Dispatch this morning, “Seafood imports: worries growing,” and was struck by these quotes:
"As our system becomes more antiquated and more ineffective, the world is sending us their junk."
"When you look at less than 1 percent of shipments, and sample and test maybe one-fifth of those, there's no way you can protect the American food supply"
The quotes coming from Former FDA and FSIS officials commenting on the findings of inspectors checking Chinese seafood arriving at U.S. ports who found some unsettling discoveries: fish infected with salmonella in Seattle and Baltimore, and shrimp with banned veterinary drugs in Florida. According to Food and Drug Administration records examined by the Post-Dispatch, inspectors turned away nearly 400 shipments of tainted seafood in a year's time from China. The records told a troubling tale, but even more troubling was what they didn't tell. Only a tiny fraction of imports are inspected at all, and even fewer are tested.

In 15 years of litigating most of the foodborne illness cases in the United States, I have seen very few illnesses tied to fish products – imported or home raised. I wonder if some of the concerns raised over imports are simply being raised to protect home grown fish companies or if we are really seeing a fishy tale of increased imports or another opportunity for growth here at Marler Clark.

The problems with imports, home produced products and illness were also outlined in a recent report, Fixing Food Safety: Protecting America's Food from Farm-to-Fork, include:

The U.S. food safety system has not been fundamentally modernized in over 100 years;

Inadequate resources are spent on fighting modern bacteria threats, such as trying to reduce Salmonella or dangerous strains of E. coli;

An estimated 85 percent of known foodborne illness outbreaks are associated with foods regulated by the U.S. Food and Drug Administration (FDA), but the agency receives less than half of the federal funding for food safety;

In the past 3 years, the main food safety function at FDA has lost 20 percent of its science staff and 600 inspectors;

Gaps in current inspection practices mean acts of agroterrorism -- such as contamination of wheat gluten or botulism -- could go undetected until they are widespread;

While 15 federal agencies are involved in food safety, the efforts are fragmented and no one agency has ultimate authority or responsibility for food safety;

Only one percent of imported foods are inspected. Approximately 60 percent of fresh fruits and vegetables and 75 percent of seafood consumed in the U.S. is imported; and

States and localities are not required to meet uniform national standards for food safety.

The bottom line is that approximately 76 million Americans -- one in 4 -- are sickened by foodborne diseases each year. Of these, an estimated 325,000 are hospitalized and 5,000 die. Medical costs and lost productivity due to foodborne illnesses in the U.S. are estimated to cost $44 billion annually.

I'll have a side of Listeria with my Pennsylvania Raw Milk and New York Salad

Salad Recall

Gourmet Boutique of Jamaica, N.Y., is recalling 35 types of fresh and frozen products, which were distributed nationwide. It includes various salads and other products. It is voluntarily recalling 286,320 pounds of meat products that may be contaminated with Listeria monocytogenes, according to the U.S. Department of Agriculture’s Food and Safety Inspection Service.

More information about the specific products included in this recall can be found on the USDA Web site.

Raw Milk Recall - Again

Consumers are also advised to discard tainted Raw Milk. Consumers who purchased raw milk from Green Acres Jersey Farm in Lebanon County, Pennsylvania, any time should discard it immediately due to the risk of Listeria monocytogenes contamination, Pennsylvania Agriculture officials said. Officials said during routine inspection of the dairy, a preliminary test showed the presence of Listeria bacteria in some raw milk samples.

Listeria Symptoms

Symptoms of Listeriosis include fever, muscle aches and sometimes, gastrointestinal symptoms such as nausea or diarrhea. If infection spreads to the nervous system, symptoms such as headache, stiff neck, confusion, loss of balance or convulsions can occur. Infected pregnant women may experience only a mild, flu-like illness, but infections during pregnancy can lead to miscarriage or stillbirth. Symptoms of Listeriosis can appear in four days to three weeks.

UPDATE - Salmonella Illnesses Traced to Norwalk Ohio Casa Fiesta - Lawsuit Filed

Ohio Health officials are working to identify the source of a salmonella scare that sent 10 people to the hospital last week in Norwalk. However, The common thread linking the 10 victims together is that they all ate at Casa Fiesta, 196 Milan Avenue in Norwalk on April 24. That restaurant voluntarily closed its doors Thursday while food samples from the restaurant are tested at the Ohio Department of Health to find the source of the bacteria.

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.

Salmonella infections occurs when the bacteria are ingested, typically from food derived from infected food-animals, but it can also occur by ingesting the feces of an infected animal or person. Food sources include raw or undercooked eggs/egg products, raw milk or raw milk products, contaminated water, meat and meat products, and poultry. Raw fruits and vegetables contaminated during slicing have been implicated in several foodborne outbreaks. We are involved in representing families of children who have suffered from this bacterium.

Lawsuit Filed on Friday.

Princeton University Salmonella Outbreak May Hit 80

There are now eight confirmed cases of salmonella at Princeton University and health officials are investigating whether they are related to 80 other cases of stomach problems at the school.  A Princeton spokeswoman said those who tested positive for the salmonella bacteria had more severe symptoms than the others, who may have caught an unrelated virus.  The bacteria is most commonly transmitted through food. Local authorities have inspected the school's largest dining hall and the university has sent food samples to a lab.  For more updates, see the student paper:

Campus sees gastroenteritis spike - McCosh Health Center observes symptoms in 50 to 60 students



Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S. - 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.

Salmonella
infection occurs when the bacteria are ingested, typically from food derived from infected food-animals, but it can also occur by ingesting the feces of an infected animal or person. Food sources include raw or undercooked eggs/egg products, raw milk or raw milk products, contaminated water, meat and meat products, and poultry. Raw fruits and vegetables contaminated during slicing have been implicated in several foodborne outbreaks.

CDC Reports Salmonella Agona in Colorado (1), Delaware (1), Maine (3), Massachusetts (2), Minnesota (1), North Dakota (1), New Hampshire (2), New Jersey (4), New York (3), Pennsylvania (1), Rhode Island (1), and Vermont (1) Tied to Malt-O-Meal

CDC is collaborating with public health officials in multiple states across the United States and with the U.S. Food and Drug Administration (FDA) to investigate a multi-state outbreak of Salmonella Agona infections. An investigation that includes interviews of persons with Salmonella Agona infections and comparison of the DNA fingerprints suggests that cereal from Malt-O-Meal unsweetened Puffed Rice Cereals and unsweetened Puffed Wheat Cereals is likely related to these illnesses.

As of April 22, 2008, state and city health departments from 12 states have identified 21 ill persons infected with same genetic fingerprint of Salmonella Agona. Ill persons with the outbreak strain have been identified from Colorado (1), Delaware (1), Maine (3), Massachusetts (2), Minnesota (1), North Dakota (1), New Hampshire (2), New Jersey (4), New York (3), Pennsylvania (1), Rhode Island (1), and Vermont (1). Onset dates, which are known for 13 patients, ranged from January 22 to March 8, 2008. Patients’ ages ranged from 4 months to 95 years with a median age of 66 years. Five hospitalizations and no deaths have been reported.

This might sound a bit familiar:

Multistate Outbreak of Salmonella Serotype Agona Infections Linked to Toasted Oats Cereal -- United States, April-May, 1998

During April-May 1998, a total of 11 states reported an increase in cases of Salmonella serotype Agona infections; as of June 8, a total of 209 cases have been reported and at least 47 persons have been hospitalized, representing an eightfold increase over the median number of cases reported in those states during 1993-1997. The states reporting increases were Illinois (49 cases), Indiana (30), Ohio (29), New York (24), Missouri (22), Pennsylvania (20), Michigan (15), Iowa (8), Wisconsin (6), Kansas (4), and West Virginia (2). This report summarizes the outbreak investigation by local, state, and federal public health officials, which implicated Millville brand plain Toasted Oats cereal manufactured by Malt-O-Meal, Inc. as the cause of illness. Among 162 patients in this outbreak for whom information was available, 85 (52%) were female. Most cases occurred in children and the elderly (47% in persons aged less than 10 years and 21% in persons aged greater than 70 years).

First Chipotle in San Diego, now I-Hop In New Mexico with Hepatitis A

A day after I listened to Bill Richardson, Governor of New Mexico, give a great speech in Seattle, restaurant workers in New Mexico are diagnosed with hepatitis A.  Two Albuquerque I-HOP restaurants are under the microscope after two of its workers were diagnosed with hepatitis A.
According to the New Mexico Department of Health, the employees work at the I-HOP on Wyoming and Paseo and at the one near Interstate-25 and Montano.

18 and rising - Hepatitis A Cases Linked to Chipotle

Four more hepatitis A cases have been linked to a Chipotle restaurant in La Mesa, California, bringing the total number of confirmed cases to 18.  Local Health and Human Services officials said no employees at the Chipotle restaurant tested positive for hepatitis A.   Health officials are recommending that anyone who ate at the restaurant between March 1 and April 22 get checked by a doctor.  Hepatitis A is commonly transmitted when an object contaminated with the stool of someone with hepatitis A comes in contact with another person’s mouth.  Exposure also can occur when an individual consumes food or water contaminated with the Hepatitis A virus, according to the health department.  Symptoms of hepatitis A include fever, fatigue, nausea and jaundice.

La Mesa California Chipotle Mexican Grill Hepatitis A Outbreak Update

Illnesses as of a few moments ago are holding at 14. However, San Diego Health officials have advised people who ate at the restaurant, at 8005 Fletcher Parkway, between March 1 and April 22 to see a doctor if they are experiencing symptoms of the viral infection.

Hepatitis A is one of five human hepatitis viruses (hepatitis A, B, C, D, and E) that primarily infect the liver and cause illness. An estimated 80,000 cases occur each year in the U.S., although much higher estimates have been proposed based on mathematical modeling of the past incidence of infection. Each year, an estimated 100 persons die as a result of acute liver failure in the U.S. due to hepatitis A, but the rate of infection has dramatically decreased since the hepatitis A vaccine was licensed and became available in the U.S. in 1995.

Hepatitis A is a communicable (or contagious) disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Food contaminated with the virus is the most common vehicle transmitting hepatitis A. The food preparer or cook is the individual most often contaminating the food, although he or she is generally not ill at the time of food preparation. The peak time of infectivity, when the most viruses are present in the stool of an infectious individual, is during the two weeks before illness begins. Although only a small percentage of hepatitis A infections are associated with foodborne transmission, foodborne outbreaks have been increasingly implicated as a significant source of hepatitis A infection.

Hepatitis A may also be spread by household contact among families or roommates, sexual contact, ingestion of contaminated water, ingestion of raw or undercooked fruits and vegetables or shellfish (like oysters), and from persons sharing illicit drugs. Children often have asymptomatic or unrecognized infections and can pass the virus through ordinary play to family members and other children and adults. We have been involved in representing families who have suffered from this virus.

* Carl’s Jr. Hepatitis A Outbreak - Washington
* Chi-Chi’s Hepatitis A Outbreak - Pennsylvania
* D’Angelo’s Deli Hepatitis A Outbreak - Massachusetts
* Friendly’s Hepatitis A Exposure - Massachusetts
* Houlihan’s Hepatitis A Exposure - Illinois
* Maple Lawn Dairy Hepatitis A Outbreak - New York
* McDonald’s Hepatitis A Outbreak - Washington
* Quizno’s Hepatitis A Exposure - Massachusetts
* Soleil Produce Hepatitis A Outbreak - California
* Subway Hepatitis A Outbreak - Washington
* Taco Bell Hepatitis A Outbreak - Florida

Sarpy County Nebraska E. coli Roast Beef Outbreak Sickens 14

Outbreak supports the rationale for expanding E. coli O157:H7 as an adulterant on all meats, including those formerly considered “intact.”

According to Nebraska State health officials, an E. coli outbreak in Sarpy County has sickened 14 people -- including a 7-year-old -- and sent four people to the hospital. The E. coli outbreak was caused by roast beef served at a reception hall in Sarpy County for a private gathering on March 26. The people affected ranged in age from 7 to 73.  It appears that the “mystery ingredient,” in addition to E. coli O157:H7 were cloves that broke the surface of the roast beef prior to cooking, probably inserting the E. coli bacterium into the meat where cooking was not sufficient to kill the bacteria.

Two weeks ago I attended an FSIS conference where FSIS officials explained the E. coli adulterant rationale on intact meat.  Currently, intact product distributed for consumption as intact product - designated primal and sub-primal cuts such as roasts and steaks - is not considered adulterated if it is contaminated with E. coli.

The USDA's proposal to consider E coli O157:H7 an adulterant in primal cuts of beef - those that are intact and thought to have a sterile interior - officials said they were concerned about cross-contamination during meat preparation. Daniel Engeljohn, deputy assistant in the FSIS Office of Policy and Program development, said some primal cuts are being made into ground beef, and some of them may not have received an antimicrobial treatment that is typically applied to boneless trim.

The Centers for Disease Control and Prevention (CDC) estimated in 1999 that 73,000 cases of E. coli O157:H7 occur each year in the United States. Approximately 2,000 people are hospitalized, and 60 people die as a direct result of E. coli O157:H7 infections and complications. The majority of infections are thought to be foodborne-related, although E. coli O157:H7 accounts for less than 1% of all foodborne illness. We have been involved in representing families who have suffered from this bacterium.

* AFG / Supervalu E. coli Outbreak - Minnesota
* AgVenture Farms Petting Zoo E. coli O157:H7 Outbreak Litigation - Florida
* Bauer Meat E. coli Litigation - Georgia
* BJ’s Wholesale Club E. coli Litigation - New York and New Jersey
* Captain’s Galley Seafood Restaurant E. coli Outbreak - North Carolina
* Cargill E. coli Outbreak - Nationwide
* Carneco / Sam’s Club E. coli Outbreak - Wisconsin & Michigan
* CCC Alternative Learning Daycare E. coli Outbreak - Texas
* China Buffet E. coli Outbreak - Minnesota
* ConAgra Ground Beef E. coli Outbreak - Nationwide
* Crossroads Farm Petting Zoo E. coli Outbreak - North Carolina
* Dee Creek Farm E. coli Outbreak - Washington & Oregon
* Dole Lettuce E. coli Outbreak - Minnesota, Wisconsin, and Oregon
* Dole Spinach E. coli Outbreak - Nationwide
* Emmpak E. coli Outbreak - Wisconsin
* Excel E. coli Outbreak - Georgia
* Finley Elementary School E. coli Outbreak - Washington
* Fresno Meat Market E. coli Outbreak - California
* Gold Coast Produce E. coli Outbreak - California
* Golden Corral E. coli Outbreak - Nebraska
* Habaneros E. coli Outbreak - Missouri
* Jack in the Box E. coli Outbreak - Western States
* Karl Ehmer Meats E. coli Outbreak – New Jersey
* KFC E. coli Outbreak - Ohio
* Kid’s Korner Daycare E. coli Outbreak - Missouri
* Kindercare E. coli Outbreak - California
* King Garden Restaurant E. coli Outbreak - Ohio
* Lane County Fair E. coli Outbreak - Oregon
* Nebraska Beef E. coli Litigation - Minnesota
* Olive Garden E. coli Outbreak - Oregon
* Organic Pastures E. coli Outbreak - California
* Parsley E. coli Outbreak - Washington & Oregon
* Peninsula Village E. coli Outbreak - Tennessee
* PM Beef Holdings, Lunds & Byerly’s E. coli Outbreak
* Robeson Schools E. coli Outbreak - North Carolina
* Rochester Meat Company E. coli Outbreak - Wisconsin, California
* Sizzler E. coli Outbreak - Wisconsin
* Sodexho Spinach E. coli Outbreak - California
* Spokane Produce E. coli Outbreak - Washington, Oregon, Idaho
* Stop & Shop E. coli Case - New Hampshire
* Taco Bell E. coli Outbreak - Northeast
* Taco John’s E. coli Outbreak – Iowa and Minnesota
* Topps and Price Chopper E. coli Case - New York
* Topps Meats E. coli Outbreak - Nationwide
* Totino’s and Jeno’s Pizza E. coli Outbreak - Nationwide
* United Food Group E. coli Outbreak - Western States
* Washington County Fair E. coli Outbreak - New York
* Wendy’s E. coli Outbreak - Oregon
* Wendy’s E. coli Outbreak - Utah
* White Water Water Park E. coli Outbreak - Georgia


Hepatitis A Illnesses Increase to 14 at San Diego Chipotle

Those sickened include six women and eight men, ranging in age from 23 to 55.  The concern is over anyone who dined at the restaurant located at 8005 Fletcher Parkway between March 1 and April 22.

Anyone who is symptomatic for Hepatitis A should immediately see his or her doctor to be screened for the illness.  Symptoms include fever, fatigue, loss of appetite, nausea, abdominal discomfort, dark urine, and jaundice.

Although it appears at this point, food service workers may not be the cause of this outbreak, Phyllis Entis at efoodalert correctly notes that “only St. Louis County in Missouri and Clark County, Nevada mandate this [Hepatitis A vaccines for food service workers].” Phyllis goes on the point out:
The CDC Advisory Committee on Immunization Practices (ACIP) has this to say about hepatitis A and food handlers:
"Foodborne hepatitis A outbreaks are recognized relatively infrequently in the United States. Outbreaks typically are associated with contamination of food during preparation by an HAV-infected food handler; a single infected food handler can transmit HAV to dozens or even hundreds of persons (34,36,37,78--81). However, the majority of food handlers with hepatitis A do not transmit HAV. Food handlers are not at increased risk for hepatitis A because of their occupation. However, among the approximately 40,000 adults with hepatitis A reported during 1992--2000 for whom an occupation was known, 8% were identified as food handlers, reflecting the large number of persons employed in the food service industry (34). Evaluating HAV-infected food handlers is a common and labor-intensive task for public health departments. In a 1992 common-source outbreak involving 43 persons, the estimated total medical and disease control cost was approximately $800,000 (82)."


Nevertheless, ACIP does not recommend routine vaccination of food handlers, on the grounds that this is not an occupation that presents increased risk of becoming infected with the virus. They don't appear to consider the potential benefits or cost-savings to the general public that food handler vaccination would bring.

Current CDC recommendations for hepatitis A vaccination include:

* all children under one year of age;
* adults who live in a community with a high rate of hepatitis A infection;
* males who have sex with other men;
* users of street drugs;
* those who work in or travel to countries with a high rate of hepatitis A infection;
* people with long-term liver disease;
* people who receive agents to help their blood clot; and
* people who work with hepatitis A virus-infected animals or who work with the virus in a research setting.

Roughly one-third (31% in 2006) of US residents already have long-term immunity to hepatitis A, either through prior infection or as a result of having been vaccinated. This proportion should continue to rise, if parents follow CDC recommendations and have their children immunized.

Meanwhile, the two-thirds of the public without immunity to hepatitis A are at risk of infection from the occasional asymptomatic – and symptomatic – carrier working as a food handler. Perhaps it's time for one of the major restaurant food chains to take the lead and require that its employees be tested for hepatitis A immunity and, if necessary, be vaccinated. Are you listening, Chipotle?

E. coli O157:H7 in the News in Colorado and Nebraska

E. coli illnesses seem to be a part of nearly every news cycle. This week stories of illnesses have come from Colorado and Nebraska.

The Omaha World-Herald reports – “Sarpy County E. coli outbreak investigated”
State health officials are continuing to investigate an E. coli outbreak in Sarpy County that sickened 14 people — including a 7-year-old — and sent four people to the hospital. Dr. Tom Safranek, state epidemiologist, said the outbreak was caused by roast beef served at a reception hall in Sarpy County for a private gathering on March 26. The meat was prepared at a person's home and brought to the event, he said. The people affected ranged in age from 7 to 73. The four people who were hospitalized were released several weeks ago, he said.
The Rocky Mountain News reports – “Illness hits tornado-stricken family-Daughter hospitalized in latest crisis to hit Holly household”
A little more than a year after a tornado took his wife and turned his life upside down, Gus Puga finds himself in the throes of another family crisis — this time at the bedside of his seriously ill daughter. Little Noelia Puga, a 4-year-old bundle of energy, is in the pediatric intensive care unit at Children's Hospital, battling an E. coli infection. She was on dialysis and oxygen Thursday, but physicians expect her to make a full recovery, her father said.

At least 12 sick with Hepatitis A after eating at Chipotle in San Diego, California

San Diego County health officials say they have identified six more cases of hepatitis A that may be linked to a restaurant in La Mesa, bringing to 12 the total number of people sickened. Those who became ill ate at the Chipotle Mexican Grill between March 1 and April 22.

Hepatitis A is one of five human hepatitis viruses (hepatitis A, B, C, D, and E) that primarily infect the liver and cause illness. An estimated 80,000 cases occur each year in the U.S., although much higher estimates have been proposed based on mathematical modeling of the past incidence of infection. Each year, an estimated 100 persons die as a result of acute liver failure in the U.S. due to hepatitis A, but the rate of infection has dramatically decreased since the hepatitis A vaccine was licensed and became available in the U.S. in 1995.

Hepatitis A is a communicable (or contagious) disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Food contaminated with the virus is the most common vehicle transmitting hepatitis A. The food preparer or cook is the individual most often contaminating the food, although he or she is generally not ill at the time of food preparation. The peak time of infectivity, when the most viruses are present in the stool of an infectious individual, is during the two weeks before illness begins. Although only a small percentage of hepatitis A infections are associated with foodborne transmission, foodborne outbreaks have been increasingly implicated as a significant source of hepatitis A infection.

Hepatitis A may also be spread by household contact among families or roommates, sexual contact, ingestion of contaminated water, ingestion of raw or undercooked fruits and vegetables or shellfish (like oysters), and from persons sharing illicit drugs. Children often have asymptomatic or unrecognized infections and can pass the virus through ordinary play to family members and other children and adults. We have been involved in representing families who have suffered from this virus:

* Carl’s Jr. Hepatitis A Outbreak - Washington
* Chi-Chi’s Hepatitis A Outbreak - Pennsylvania
* D’Angelo’s Deli Hepatitis A Outbreak - Massachusetts
* Friendly’s Hepatitis A Exposure - Massachusetts
* Houlihan’s Hepatitis A Exposure - Illinois
* Maple Lawn Dairy Hepatitis A Outbreak - New York
* McDonald’s Hepatitis A Outbreak - Washington
* Quizno’s Hepatitis A Exposure - Massachusetts
* Soleil Produce Hepatitis A Outbreak - California
* Subway Hepatitis A Outbreak - Washington
* Taco Bell Hepatitis A Outbreak - Florida

MARLER CLARK AGAIN CALLS FOR MANDATORY VACCINATIONS OF FOOD SERVICE WORKERS

San Diego is the latest in a series out outbreaks and exposure to hepatitis A via restaurant food and/or infected workers. County health officials there say they are investigating six cases of hepatitis A linked to a Chipotle Mexican Grill in La Mesa.

Hepatitis A is the only common vaccine-preventable foodborne disease in the United States. Yet according to foodborne illness litigation specialist William Marler, not a month goes by without a warning from a health department somewhere in the US that an infected food handler is the source of a potential hepatitis A outbreak. Vaccinations of food handlers combined with an effective and rigorous hand washing policy is the only sure road to preventing more hepatitis A outbreaks. It is time for health departments across the country to require vaccinations of foodservice workers, especially those that serve the very young and the elderly.

Hepatitis A virus a result of fecal-oral contamination, and can be spread person to person or through food handling, particularly cold or uncooked foods. These include salads and salad items, rolls, breads, buns, fruit or vegetable garnishes, sandwich condiments such as pickles and onions, chips, and ice or beverages containing ice, according to the state Department of Public Health.

The Centers for Disease Control (CDC) estimates that 83,000 cases of hepatitis A occur in the United States every year, and that many of these cases are related to food-borne transmission. In 1999, over 10,000 people were hospitalized due to hepatitis A infections and 83 people died. In 2003, 650 people became sickened, 4 died and nearly 10,000 people got Ig shots after eating at a Pennsylvania restaurant. Not only do customers get sick, but businesses lose customers or some simply go out of business.

Marler Clark has represented thousands of victims of food borne illness outbreaks since 1993. The firm’s attorneys have litigated hepatitis A cases against such companies as Quiznos, Houlihan’s, Carl’s Jr., McDonald’s, Subway, Taco Bell, Friendly’s, D’Angelo’s and Chi Chi’s restaurants, the latter resulting in a $6.25 million award on behalf of one man. Marler Clark has represented tens of thousands of restaurant customers who received Ig shots.

435 Chipotle Customers with Norovirus, 6 Sick with Hepatitis A, but Record Profits, what Gives?

The number of people who reported that they became sick with norovirus after eating at the Chipotle Mexican Grill in Kent has grown to about 435.  The restaurant at 429 E. Main St. reopened Saturday, after a voluntary shutdown Friday. Workers replaced the food and sanitized equipment with a bleach solution. Chipotle’s spokesperson was quoted in the Akron Beacon-Journal:
''Food safety is, and always has been, our highest priority.''
However, a Hepatitis A outbreak was brewing on the California Coast, San Diego TV reports “6 Cases of Hepatitis A Linked to La Mesa Chipotle.” Yet another spokesperson was quoted as saying:
“The health and safety of our customers and employees is our highest priority,… We have done and will continue to do everything we can to assist the health department in identifying the cause of this illness.”
One would think they were having a bad week. Perhaps, but today Chipotle Mexican Grill Inc. reported a 38.9 percent jump in quarterly profits and a 29.3 percent rise in revenue over the same period a year earlier, largely fueled by the burrito chain's rapid expansion.

Well, I guess the good news is that they have the money to pay the victims and to upgrade their food safety program?  What is interesting about both of these viruses is that they seem to have been transmitted via ill employees.  One must wonder about both the company's hand washing policy and sick leave policy.

Noroviruses
are estimated to cause 23 million cases of acute gastroenteritis (commonly called the "stomach flu") in the U.S. each year, and are the leading cause of gastroenteritis. Of viruses, only the common cold is reported more often than viral gastroenteritis (norovirus). Noroviruses may cause more outbreaks of foodborne illness than all bacteria and parasites. They can cause extended outbreaks because of their high infectivity, persistence in the environment, resistance to common disinfectants, and difficulty in controlling their transmission through routine sanitary measures.

The norovirus is transmitted primarily through the fecal-oral route and fewer than 100 norovirus particles are said to be needed to cause infection.  Transmission occurs either person-to-person or through contamination of food or water. Transmission can occur by touching surfaces or objects contaminated with norovirus and then placing that hand in your mouth; having direct contact with another person who is infected and showing symptoms; sharing foods or eating utensils with someone who is ill; exposure to aerosolized vomit; and consuming food contaminated by an infected food handler.

Hepatitis A
is the only common vaccine-preventable foodborne disease in the United States (Fiore, 2004). It is one of five human hepatitis viruses that primarily infect the human liver and cause human illness. Unlike hepatitis B and C, hepatitis A doesn’t develop into chronic hepatitis or cirrhosis which are both potentially fatal conditions (Mayo Clinic, 2006); however, hepatitis A infection can still lead to acute liver failure and death. Viral hepatitis is a major public health concern in the United States, and a source of significant morbidity and mortality. Each year, approximately 30 - 50,000 cases of hepatitis A occur in the United States. Direct and indirect costs of these illnesses exceed $300 million, including wage loss and medical expenses. Adults who become ill miss an average of 27 work days per illness. Eleven to 12 percent of persons infected are hospitalized, and 100 people die as a result of acute liver failure annually in the United States due to hepatitis A (CDC, 2007). The unfortunate aspect of these statistics is that with 21st Century medicine, hepatitis A is totally preventable and cases—especially outbreaks relegated to food consumption—need not occur.

Hepatitis A is a communicable (or contagious) disease that spreads from person to person. It is transmitted by the “fecal – oral route,” generally from person-to-person, or via contaminated food or water. Outbreaks associated with food have been increasingly implicated as a significant source of hepatitis A infection. Such “outbreaks are usually associated with contamination of food during preparation by an HAV-infected food handler.” (CDC, 2007; Francis & Maynard, 1983).

Downers may be Down and Out, but Pigs do Fly

According to wikipedia, the popular saying "[it will happen] when pigs fly" (or when pigs have wings) is traditionally used to mean that the specified event will never occur.  Well, pigs do have wings.

Today, the American Meat Institute, the National Meat Association and the National Milk Producers Federation announced that they have petitioned the Agriculture Department to enact a total ban on the slaughter of downer cattle.  The American Meat Institute and the National Meat Association said they would encourage companies to enact a voluntary moratorium until the Agriculture Department changes the rule.

Downer cows also might have contracted such infections as  mad cow disease.  The animals are also more prone to infections such as Salmonella and E. coli partly because they wallow in feces before slaughter.

Raw Milk to be a Marler Clark Growth Sector?

From 1993 to 2002 nearly all the revenue to my firm came to E. coli-contaminated hamburger.  Then it was E. coli-contaminated spinach and lettuce.  Although spinach and lettuce were down in 2007, hamburger is back up.  With the increase in sales of raw milk in states, I am expecting a brisk growth in this sector of the Marler Clark firm.

A new study from the National Associations of State Departments of Agriculture (NASDA) finds raw milk is now available to consumers in 29 of the 50 states. The Federal Government  prohibits the interstate commerce of raw milk to consumers across state lines. Other than that, it is up to the states.   A questionnaire was sent to state regulatory milk program directors and/or managers in all fifty states in January 2008 and responses came in from all 50.

The survey found 29 states authorize the legal sale of raw milk, in some specified manner, for direct human consumption while the remaining 21 states prohibit the sale of raw milk to consumers.  Of the 29 that allow the sale, 17 regulate that it can only be sold on the farm where the milk is produced.   Two of the states, Minnesota and Wisconsin restrict sales to only incidental occurrences, not as a regular course of business and no advertising is allowed.  Arkansas, Kentucky, Mississippi and Rhode Island allow only for the sale of raw goats milk and Kentucky and Rhode Island require a physician’s prescription.  South Dakota allows farmers to deliver the milk to customers but not to stores. Oregon sales are limited to farms with no more than three cows and only two milking at any one time.  Three states, Texas, Massachusetts and South Carolina have coliform standards.  The remaining 13 states allow the retail sale of raw milk away from the farm, although in Utah the store must be owned by the producer even if it is off the farm.  11 of these states have coliform standards; Oregon and New Hampshire do not.  However, Oregon only allows raw goats milk to be sold at a store.

Not mentioned in the survey is also the growing issue of the sales of raw milk products that are sold as pet food with the knowledge that it is actually being consumed by humans.  The Chicago Tribune ran a story on Raw Milk this morning - "Milk issue not black and white."

Malt-O-Meal Reads Marler Blog

Or, at least it's lawyers do.  I'm always a bit shocked that people other than my mom and dad read my blog.  I was pleased that the lawyers for Malt-O-Meal corrected me on one of my earlier posts (I posted a picture of the wrong product):

Dear Mr. Marler:

We represent Malt-O-Meal Company.  Your web site currently includes a discussion of my client's ongoing recall of certain lot codes of unsweetened puffed wheat and unsweetened puffed rice cereals.  The photos of Malt-O-Meal cereals that are prominently displayed on your site do not include either of the products involved in the recall, but rather are of brands that have not been implicated or recalled.  We believe this is inaccurate and misleading, and could cause confusion to consumers. Photos of the products that are being recalled are available at www.maltomeal.com/recallinfo.

We request that you delete those incorrect photographs from the site as soon as possible to avoid confusion on this important issue.

Thank you.  We look forward to your response.

James A. O'Neal
Amy R. Freestone
Faegre & Benson LLP
2200 Wells Fargo Center
90 S. Seventh St.
Minneapolis, MN 55402
(612) 766-7000


Here are the correct photos:


According to the CDC's most recent count, as of April 14 the outbreak had sickened 23 patients in 14 states, including two cases each were reported in New Hampshire and Massachusetts with California, Colorado, Delaware, Indiana, North Dakota, Pennsylvania, Minnesota, Rhode Island and Vermont each reported one case.  Maine, New Jersey and New York each reported three cases.  Illness onset dates were known for nine patients and ranged from January 22 to March 2.  Patients' ages range from 1 to 95 years and 62% are female.  Three hospitalizations have been reported, but no deaths.  The CDC said the PulseNet system notified its outbreak team on April 7 about a cluster of human Salmonella Agona isolates from several states that had the same genetic fingerprint.

In 1998, Malt-O-Meal  recalled as much as 3 million pounds of its plain toasted oat cereal after the U.S. Centers for Disease Control and Prevention found that it was the likely source of Salmonella Agona food poisoning.  At least 17 Washington state children became ill with Salmonella infections, and litigation resulted.

Salmonella Death Linked to Alamosa Water

There have been 411 reported cases of salmonella linked to the outbreak, with 112 of those cases confirmed through laboratory testing. Eighteen people had to be hospitalized.  It now appears that there may be a death related to the consumption of Salmonella-tainted water.  See story in the Pueblo Chieftain.

The CDC estimates that 1.4 million cases occur annually (CDC, 2005, October 13). Approximately 600 deaths are caused by Salmonella infections in the U.S. every year, accounting for 31 percent of all food-related deaths (CDC, 2005, October 13; MMWR Weekly, 2001). The reported incidence of Salmonella illnesses is about 14 cases per each 100,000 persons (MMWR Weekly, 2006), amounting to approximately 30,000 confirmed cases of salmonellosis yearly in the U.S. (CDC, 2005, October 13). In 2005, just over 36,000 cases were reported from public health laboratories across the nation, representing a 12 percent decrease compared with the previous decade, but a 1.5 percent increase over 2004 (CDC, 2007). As only about 3 percent of Salmonella cases are officially reported nationwide, and many milder cases are never diagnosed, the true incidence is undoubtedly much higher (Mead, 1999).

We have been retained by nearly 50 residents who became ill.  We are continuing our investigation as to the cause of the outbreak.

Salmonella Agona Malt-O-Meal Outbreak

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.

Salmonella litigation makes up quite a bit of what we do at Marler Clark. Here are a few of current cases:  ConAgra Pot Pie Salmonella Outbreak, Pars Cove/Taste of Chicago Salmonella Outbreak, Veggie Booty Salmonella Outbreak, Peanut Butter Salmonella Outbreak, Wal-Mart Salmonella Outbreak, Sushi King Salmonella Outbreak

Here are some of our resolved cases:  Black Forrest Bakery, Brook-Lea Country Club, Cafe Santa Fe, Chili's, ConAgra, Corky & Lenny's, Golden Corral, Harmony Farms, KFC, Linh's Bakery, Malt-O-Meal, Old South Restaurant, Orchid Island, Paramount Farms, Pars Cove, Quality Inn, Robert's American Gourmet, San Antonio Taco, Seasons at the Pond, Sheetz, Sun Orchard, Sunset House, Sushi King, Susie Cantaloupe, Viva Cantaloupe, Wal-Mart, Western Sizzlin', Wyndham Anatole Hotel

A Full Service Law Firm - "MarlerClarkwear"

Well into the second day of "Who's Minding the Store" food safety conference here in Seattle.  The only competition seems to be our first sunny day with temperatures reaching 70 and the visit from the Dali Lama.  The hot item at the conference is the Marler Clark hat:


Increase in Foodborne Illnesses is expected today



Today, the CDC will conduct a Media Briefing on new FoodNet Data

Dr. Robert Tauxe, Deputy Director, CDC Division of Foodborne, Bacterial and Mycotic Diseases

Faye Feldstein, Acting director, Food and Drug Administration’s Office of Food Defense, Communication and Emergency Response

Dr. Morris Potter, Lead Scientist for Epidemiology in the FDA’s Office of Food Defense, Communication and Emergency Response

Dr. Elisabeth Hagen, Executive Associate for Public Health, United States Department of Agriculture’s Food Safety Inspection Service, Office of Public Health Science

“Preliminary FoodNet Data on the Incidence of Infection with Pathogens Transmitted Commonly Through Food – 10 States, United States, 2007” being published in this week's Morbidity and Mortality Weekly Report.   The new report highlights foodborne illness disease trends and growing foodborne illness challenges.

Foodborne illnesses are a substantial health burden in the United States. The Foodborne Diseases Active Surveillance Network  collects data from 10 U.S. states regarding diseases caused by enteric pathogens transmitted commonly through food. FoodNet quantifies and monitors the incidence of these infections by conducting active, population-based surveillance for laboratory-confirmed illnesses. This report describes preliminary surveillance data for 2007 and compares them with baseline data from the period 1996–1998.

Reuters reports
that:
U.S. efforts to contain foodborne illness have made no dent in reducing the number of infections, which were flat last year after a period of decline, according to a government report released on Thursday.

In the past two years, high-profile food safety scares involving peanut butter, spinach and other products have intensified pressure on lawmakers to protect the nation's food supply.

Yet the 10-state report issued by government researchers found no change in the rate of infections caused by Listeria, Salmonella, Shigella, E. coli O157 and several other nasty bugs in 2007 compared with the previous three years.

The Department of Agriculture is on Fire

In what might be the most bizarre headline I have seen in 15 years of following food cases:

Cattle heads recalled by USDA

The U.S. Department of Agriculture is warning consumers that 406,000 pounds of frozen cattle heads are being recalled by a Kansas meat packer.

  The cattle heads are being recalled because tonsils were not removed properly, according to the USDA’s Food Safety and Inspection Service.

  The recall is being made to prevent human exposure to bovine spongiform encephalopathy, or BSE.

  BSE is popularly known as mad cow disease.

  The heads packed before March 28 and sent to wholesalers and retailers were produced by Elkhorn Valley Packing of Harper, Kansas.  The Food Safety and Inspection Service rated the health risk as low, with no reports of illness.

Ok, someone know what people do with frozen cattle heads?

Cantaloupe Tests Positive for Salmonella, But Not Outbreak Serotype

David Mitchell of The Packer reported “FDA confirms presence of salmonella in melons”
Cantaloupe from Agropecuaria Montelibano tested positive for salmonella freetown during the Food and Drug Administration’s traceback investigation of an outbreak of salmonella litchfield. The FDA issued an import alert March 22 after traceback evidence linked product from Honduran grower-shipper Agropecuaria Montelibano with a salmonella litchfield outbreak that caused 50 reported illnesses in 16 states.

FDA spokesman Sebastian Cianci, however, said the agency started to escalate its melon sampling as reports of illnesses increased. The positive test for salmonella freetown was taken from an import sample of Agropecuaria Montelibano’s product on March 12, he said.

The FDA has identified 10 U.S. importers who received cantaloupe from Agropecuaria Montelibano during the outbreak:

* Bounty Fresh LLC, Miami, Fla.
* C.H. Robinson Worldwide Inc., Eden Prairie, Minn.
* Central American Produce Inc., Pompano Beach, Fla.
* Chiquita Brands International Inc., Cincinnati, Oh.
* Dole Fresh Fruit International, Westlake Village, Calif.
* Legend Produce LLC, Firebaugh, Calif.
* Pero Vegetable Co. LLC, Delray Beach, Fla.
* T.M. Kovacevich International Inc., Philadelphia, Pa.
* Tropifresh Inc., Los Angeles, Calif.
* Wuhl Shafman Lieberman Corp., Newark, N.J.

In addition to Chiquita and Dole, brands affected are:

* Chestnut Hill Farms
* Perfect Melon
* Mike’s Melons
* Mayan Pride

Trial Lawyer's Public Justice Award

I got a call late yesterday from the Executive Director of the Washington State Trial Lawyers Association that I will be receiving the “Public Justice Award” at the May 1 Law Day Diner.  Once again humbled.  It goes to show that if you stick around long enough someone will notice.
The award is for “an individual or organization whose efforts, courage, litigation or innovative work results in the creation of a more just society.”
The Washington State Trial Lawyers Association represents attorneys and professionals in the legal field committed to champion the cause of those who deserve redress for injury to person, property or civil rights.  Established in 1953, the association conducts legal education, compiles research, facilitates the sharing of resources and implements the public affairs as well as government relations programs.

Updated - Salmonella Litchfield Cantaloupe Outbreak sickens 50 in Arizona, California, Colorado, Georgia, Illinois, Missouri, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin

Munching on fresh cantaloupe this morning made me check in on the status of the Salmonella Litchfield outbreak that has sickened 50 across the United States over the last months.  Unfortunately, outbreaks tied to cantaloupe have been a far to frequent occurrence. There have been several articles on what consumers can and can not do to protect themselves. I wondered what growers and shippers might be doing. I found this interesting article and great pictures – from 2005. Guess we need to do a bit more?

Scientists Aim for Cleaner Cantaloupe

Simply washing fresh fruits and vegetables may only be marginally effective at removing microbial contaminants, so scientists are investigating new techniques for better processing produce.

Bacteria quickly attach to the surface of fruits and vegetables and form biofilms, a mass of microbes that attach to a surface and to each other by complex sugars. Scientists believe that biofilm coatings may protect bacterial cells from exposure to antimicrobial compounds used to sanitize produce.

Salmonella bacteria are often responsible for produce-related outbreaks of foodborne illness. They're especially tricky to remove from cantaloupe because they attach to inaccessible sites and form biolfim on cantaloupe rind surface, allowing the bacteria to avoid contact with sanitizing solutions. Surviving Salmonella cells can be transferred from the surface of the melon to the internal tissues during cutting prior to consumption.

Now, researchers at the USDA's Agricultural Research Service have gained new insight into Salmonella biofilm formation on various surfaces. They have discovered that to form on plastic or stainless steel, the bacteria must produce hair-like structures--called fimbriae--and cellulose to help the cells to attach and colonize the surface.

In cantaloupe, Salmonella cells attach to the rind and rapidly begin developing biofilm by growing and excreting sugars. This discovery helps explain how Salmonella survives harsh sanitizing environments and could help lead to better sanitization techniques.

Hepatitis in Idaho and Ohio in the News

Red Feather Lounge Patrons May Have Been Exposed to Hepatitis A

The Boise Health Department is warning Treasure Valley patrons about a confirmed case of Hepatitis A.  The warning comes after an employee at the Red Feather Lounge in downtown Boise was found to have the disease.   If you had something to eat or drink at the Red Feather between March 12th and the 17th, the health department recommends you get the vaccine.  The Central District Health Department has had so many calls about people's potential exposure to Hepatitis A, that they are expanding their immunization clinic hours Wednesday.

Hepatitis-A Linked to Restaurant Worker

The Butler County Health Department urges patrons of a West Chester restaurant to watch for symptoms of Hepatitis A.  A worker at the P.F. Chang's China Bistro on Union Centre Boulevard has been diagnosed with the illness.   The Butler County Board of Health issued the following release:
Butler County Health Department and the Ohio Department of Health have learned that a food service worker with confirmed Hepatitis A (infectious Hepatitis) worked while ill. Because of the possibility of contamination of ice, persons who have not been previously vaccinated for Hepatitis A and who report consuming ice, beverages with ice, ice cream or lemons or dined between March 14 and March 25, 2008 at this restaurant are recommended to contact their healthcare provider, local public health department or the Butler County Health Department for post-exposure prophylaxis.
People who dined at, consumed ice, beverages with ice, ice cream or lemons from the P.R Chang Restaurant between March 14 and March 25, 2008 should be referred to their healthcare provider, local public health department, or Butler County Department of Health for assessment and potential vaccination with monovalent Hepatitis A vaccine or prophylaxis with immune globulin (IG). The restaurant is located at 9435 Civic Centre Boulevard, West Chester, OH 45069 (off of the Civic Centre exit on Interstate 75 just north of Cincinnati, OH in eastern Butler County).
It seems that hardly a month passes without a warning from a health department somewhere that an infected food handler is the source of yet another potential hepatitis A outbreak.  Absent vaccinations of food handlers, combined with an effective and rigorous hand washing policy, there will continue to be more hepatitis A outbreaks.  It is time for health departments across the country to require vaccinations of foodservice workers, especially those that serve the very young and the elderly.

The Centers for Disease Control (CDC) estimates that 83,000 cases of hepatitis A occur in the United States every year, and that many of these cases are related to food-borne transmission.   In 1999, over 10,000 people were hospitalized due to hepatitis A infections and 83 people died. In 2003, 650 people became sickened, 4 died and nearly 10,000 people got Ig shots after eating at a Pennsylvania restaurant.  Not only do customers get sick, but businesses lose customers or some simply go out of business.

Staph Buffett Sickens 137 in Kentucky

According to the Courier Journal, Staphylococcus aureus bacteria may have sickened more than 137 people who ate an Easter buffet at Claudia Sanders Dinner House in Shelbyville, state health officials said today. There is a report of one possible death. Preliminary results from the Kentucky State Lab suggested that Staphylococcus aureus might be the culprit of the food poisoning, although it’s not definitive since it was found in some stool samples and not others.

University of Arizona Food Safety Department has a good definition of Staph Food Poisoning:

Staphylococcal bacteria are very common. They are found in a wide variety of mammals and birds as well as on most surfaces. People are considered to be the main source associated with staphylococcal food poisoning. These bacteria are present in the nose, throat, hair, and skin of healthy persons. They are plentiful in cuts, pimples, and abscesses on people and their pets. Staphylococcus can live in high concentrations of salt and sugar where other bacteria would die. Some strains of Staphylococcus aureus are capable of producing a highly heat stable toxin. Staphylococcus grows best and multiplies rapidly between 68° and 99° F. Normal cooking temperatures will not destroy the toxin produced by this bacteria. This is why it is so important to wash your hands and always following good food handling practices when working with food.
Staphylococcal food poisoning results from growth and toxin production in food followed by eating the food containing the toxin. Symptoms of Staphylococcal food-poisoning occur between 1 to 8 hours after eating the contaminated food. This food-borne illness can last for 6 to 24 hours. Complete recovery may take 2 days or longer in severe cases. The most common symptoms include nausea, vomiting, abdominal cramping and exhaustion.

Salmonella Cantaloupe Recall Includes Chiquita, Bounty Fresh LLC, Simply Fresh Fruit, Tropifresh and Dole

Nine in this state sick from cantaloupes

The PI reported today that the numbers of ill people sickened by Honduran Cantaloupe stands at 50 people in 16 states. Nine were in Washington State. At least 14 people have been hospitalized, but no deaths have been reported. According to the The Food and Drug Administration has traced the outbreak to cantaloupes grown in Honduras. It has stopped the import of cantaloupes from Honduran grower and packer Agropecuaria Montelibano. Several other companies that sold cantaloupes grown and packed by Agropecuaria have issued recalls this week, including Chiquita, Bounty Fresh LLC, Simply Fresh Fruit, Tropifresh and Dole

Salmonella Illnesses Once Again Linked to Raw, Frozen Chicken Entrees

Once again the Minnesota State Department of Health (BEST INVESTIGATORS IN THE COUNTRY) reported two recent cases of salmonellosis in Minnesota have been linked to raw, frozen, breaded and pre-browned, stuffed chicken entrees.

The implicated product is Milford Valley Farms Chicken Cordon Bleu with a stamped code of C8021. This product is sold at many different grocery store chains.  This the fifth outbreak of salmonellosis in Minnesota linked to these types of products since 1998. The findings prompted the officials to urge consumers to make sure that all raw poultry products are handled carefully and cooked thoroughly, and to avoid cooking raw chicken products in the microwave because of the risk of undercooking.

Investigators from the Minnesota Department of Health (MDH) and the Minnesota Department of Agriculture (MDA) determined that two cases of Salmonella infection from February and March 2008 were due to the same strain of Salmonella Enteritidis. The illnesses occurred in a teenager and a young adult, both from greater Minnesota; both were hospitalized but have since recovered.

Mr. Bill Goes Back To Washington

According to a press release, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) today announced a public meeting to discuss challenges and proposed solutions in moving forward to address recalls and illnesses related to E. coli O157:H7.

The public meeting will be held on Wednesday, April 9, from 8 a.m. to 5 p.m., and Thursday, April 10, from 8:30 a.m. to 1 p.m. at the Holiday Inn Georgetown, 2101 Wisconsin Ave., NW, Washington, DC. The meeting will feature various presentations and panel discussions by FSIS officials, the Centers for Disease Control and Prevention, a senior foodborne illness litigation firm partner (that would be me), representatives from industry and consumer groups, as well as a small plant owner and operator from South Carolina.

On April 9, participants will explore the broad perspectives on the challenges of addressing E. coli O157:H7, including illness and recall trends, and progress on non-O157:H7 Shiga Toxin-Producing E. coli (STEC) since the FSIS Oct. 2007 public meeting on the subject. Specifically, the Agency and participants will explore proposed next steps as a means to make progress in the challenge of addressing E. coli O157:H7 and non-O157:H7 STECs. FSIS plans to begin a short term study to determine the extent to which non-O157 STECs may be present in FSIS-regulated products, in support of regulatory infrastructure which may be needed for these organisms.  Agenda:

A Broad Perspective on the Challenges of E. coli O157:H7

9:00 a.m.Illness Trends Related to E. coli O157:H7

Dr. Robert Tauxe, Deputy Director, Division of Foodborne, Bacteria, and Mycotic
Diseases, National Center for Zoonotic, Vector-Borne, and Enteric Diseases
U.S. Centers for Disease Control and Prevention

9:30 a.m.Perspective from FSIS

Dr. David Goldman, Assistant Administrator
Office of Public Health Science, Food Safety and Inspection Service

9:45 a.m.Progress on non-O157:H7 Shiga Toxin-Producing E. coli

Dr. Elisabeth Hagen, Executive Associate for Public Health
Office of Public Health Science, Food Safety and Inspection Service

Dr. Daniel Engeljohn, Deputy Assistant Administrator
Office of Policy and Program Development, Food Safety and Inspection Service

10:00 a.m.Observation in Industry

Dr. Mansour Samadpour, Microbiologist
Institute for Environmental Health

10:15 a.m.Legal Perspective

Mr. William Marler, Managing Partner
Marler Clark L.L.P.


Alamosa Salmonella Illnesses at 217 and Climbing

Associated Press reported today that “Source of Alamosa salmonella a mystery.”  217 people have now been confirmed as part of the Salmonella outbreak.  Alamosa city water has tested positive as well.  Well, I guess the question is if we don’t know what the cause is, why are they “flushing” the water system with chlorine?

Apparently, “officials have ruled out disgruntled employees and terrorism” as the cause of the contamination.  However, what about a cracked wellhead or piping that allows infiltration of the Salmonella bacteria?

Quotes of the day:

"There are many unkowns.”

"Many questions will be answered as they move through this process."

My vote, pass me a scotch.  So, where does Salmonella come from - little help here:

Birds

Rats

Pork Salami (So presumably live pigs too)

Dairy Cows

Ground Beef (So presumably live cows too)

Dogs and Cats

Alamosa County Salmonella Outbreak Now 74 People

Matt Hildner of the Pueblo Chieftain reported that Alamosa County health officials are investigating an outbreak of salmonella that's led to the hospitalization of four people and may have infected up to 74 people.  In addition to the 18 cases that have been confirmed through laboratory testing, Geiser said the county is also investigating 56 cases with symptoms of the illness although they have yet to be laboratory confirmed.  Geiser said she had never seen an outbreak of salmonella in her 12 years with the county.  "We have an employee that's been here 25 years and she hasn't seen anything like this either," she said.  Geiser said the cases have included a number of children, in part because adults are able to get over the infection more easily.


Listeria in the News

Listeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells. Listeria also produces toxins that damage cells. Listeria invades and grows best in the central nervous system among immune compromised persons, causing meningitis and/or encephalitis (brain infection). In pregnant women, the fetus can become infected, leading to spontaneous abortion, stillbirths, or sepsis (blood infection) in infancy.

Approximately 2,500 cases of listeriosis are estimated to occur in the U.S. each year. About 200 in every 1000 cases result in death. Certain groups of individuals are at greater risk for listeriosis, including pregnant women (and their unborn children) and immunocompromised persons. Among infants, listeriosis occurs when the infection is transmitted from the mother, either through the placenta or during the birthing process. These host factors, along with the amount of bacteria ingested and the virulence of the strain, determine the risk of disease. Human cases of listeriosis are, for the most part, sporadic and treatable. Nonetheless, Listeria remains an important threat to public health, especially among those most susceptible to this disease.

Company recalls Langostinos after possible Listeria contamination

A Boston seafood company has issued a voluntary recall of its cooked langostinos because of possible listeria contamination. The recalled "Icybay Cooked Langostinos" from Slade Gorton & Company were sold in one pound packages to retailers in Massachusetts and Maryland and in five pound packages to wholesalers in 19 states.

Agriculture officials issue raw milk warning

Raw milk bought from Fisher's Dairy farm in Portersville in Butler County should be discarded immediately because it might be contaminated, the Pennsylvania Department of Agriculture said today. The dairy was selling the milk without a permit and state inspectors found that it tested positive for listeria monocytogenes, a bacteria that can be deadly, agriculture secretary Dennis Wolff said.

Frozen chicken meals shipped to California recalled for Listeria

Inovata Foods, an Edmonton, Alberta firm, is voluntarily recalling approximately 3,780 pounds of frozen chicken entrées that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced. The following product is subject to recall: 12-ounce packages of “Discover Cuisine ™ Red Curry Chicken & Jasmine Rice. Each package bears the Canadian establishment number “Est. 302” inside the Canadian Food Inspection Agency mark of inspection as well as a “Best By” date of “12 18 08.”

House Oversight and Government Reform Committee Finds Fault at Spinach Plants

Yesterday Congress Members Waxman and DeLauro released a report chastising both the FDA and industry for allowing over 20 E. coli outbreaks tied to leafy green vegetables. These failures the committee concluded lead to the 2006 Dole/Natural Selection Food’s/Mission Organics Spinach E. coli O157:H7 outbreak that sickened 205, killing 5. The report in part found:

• Packaged fresh spinach facilities were inspected only once every 2.4 years, less than half of FDA’s stated goals.

• FDA observed objectionable conditions during 47% of the packaged fresh spinach facility inspections.

• Despite observing objectionable conditions in packaged fresh spinach facilities, FDA took no meaningful enforcement action.

• FDA overlooked repeated violations

• FDA found repeated problems at multiple facilities operated by the firm implicated in the 2006 E. coli outbreak but took no enforcement actions.

• In eight cases, packaged fresh spinach facilities denied FDA inspectors access to records or other relevant material.

Interestingly, had the FDA done its job earlier and specifically followed up on the PowerPoint presentation done by  the St. Croix Health District in 2005, the 2006 outbreak might not have ever happened.

Westland/Hallmark Meat Executive Acknowledges Illegal Slaughter

Westland/Hallmark Meat Co. President Steve Mendell acknowledged Wednesday that cattle were illegally slaughtered at his plant and that cows too sick to stand were forced into the food supply. Westland/Hallmark Meat Co. President Steve Mendell made the admissions after a congressional panel forced him to watch undercover video of abuses of cattle at his plant. Mendell watched head-in-hand as cows were dragged by chains, jabbed by forklifts and shocked to get them into the box where they'd be slaughtered.

Sekiya's Restaurant & Delicatessen Linked to E. coli Outbreak

According to the Honolulu Advertiser, Sekiya's Restaurant in Kaimuki has been cleared to resume operations after it dumped all its food and disinfected the restaurant from top to bottom following the worst outbreak of E. coli O157:H7 in the state's history. The state Department of Health reinstated Sekiya's permit to conduct food service operations after it passed its final inspection last night, health officials said today. Health officials said the restaurant completed an "intensive mitigation plan" after it was told its permit would be suspended on Feb. 23. Seven people who had eaten at Sekiya's came down with E. coli O157:H7 since December.

Castleberry's Botulism Plant Forced To Shut Down

NBC Augusta broke the story this afternoon that the Food and Drug Administration has closed down an Augusta food plant. In a statement released to NBC Augusta Monday morning, Castleberry's Food Company says their temporary emergency operating permit has been suspended by the FDA. There's no word when the plant will re-open.

As you may remember, a recall last summer forced the plant to stop production temporarily after dozens of cans of chili were found to contain botulism and several people became ill.

When I was in Washington D.C. last week I met Mr. Christopher D. Lischewski, CEO of Castleberry’s. I was impressed with his testimony.

It is still safer to eat is China - Really?

I was reading the Seattle Times today – “China: Food Poisoning Deaths Up in 2007.”  Seems like a big admission from the Chinese Government in the run-up to the Olympics.  In contrast in the US according to the CDC, “an estimated 76 million cases of foodborne disease occur each year in the United States.  CDC estimates that there are 325,000 hospitalizations and 5,000 deaths related to foodborne diseases each year.”  Deaths have remained constant for the last several years in the US.

According to the article, it was great to see that “Food poisoning deaths in China rose by [only] about one-third in 2007, the state-run news agency reported….  Citing figures from the Ministry of Health, Xinhua News Agency said 258 people were killed last year, up 32 percent from the previous year.  The report said that while the number of deaths rose in 2007, overall cases of food poisoning fell to 506, 26 percent less than the previous year.”

Hmmm, China is a country of 1.3 billion people and the US has 300 million, yet in China only 258 people were killed by food and in the US 5,000, and 506 became ill in China and in the US 76,000,000.  Wow! Clearly, we need to do a better job at protecting our citizens, or we need more creative counting.

When is a Recall Not a Recall?

Stephen J. Hedges of the Chicago Tribune has written once again about the dysfunctional relationship between the meat industry, FSIS and consumers in his article this morning, “Meat recall alerts retailers, not consumers.”

The largest meat recall in the nation's history was bound to reverberate through the food-manufacturing world. So far, four major food manufacturers — ConAgra, General Mills, Heinz and Nestle — have acknowledged that meat involved in the 143 million-pound recall, announced Feb. 17, was used in some of their products. Nestle, General Mills, Heinz and ConAgra have each acknowledged to news organizations that they have recalled products containing beef from the meatpacking company Hallmark/Westland.

However:  But none has taken the usual step of notifying consumers through news releases and warnings on company Web sites.

As Mr. Hedges wrote:  Why the secrecy?

As I said:  "It's better to fess up and be open and honest with your consumers," said Bill Marler, a lawyer who often sues companies on behalf of food-poisoning victims. "It makes consumers more comfortable with your product, not less comfortable."

So, here is the rub: 
Richard Raymond, the USDA undersecretary for food safety, said USDA regulations prevent the department from disclosing Hallmark/Westland's customers because such information is considered proprietary. Food safety groups have argued for lifting that restriction, saying it would give consumers more information during recalls, while some food industry groups have opposed it.

So, it is really time to change the rule. Recalls should be real, they should be complete and they should be transparent. The goal should be to protect consumers not a company’s customer list.  Thanks goodness that at least California does it right - See list of where Westland/Hallmark meat went.

Raw-milk Producer Fails to Meet Standards

Barbara Feder Ostrov of the Mercury News reported on Organic Pastures - Again:
State agriculture officials have temporarily banned the sale of raw cream from the Organic Pastures dairy in Fresno, citing bacteria levels of up to 150 times the legal limit. They also have warned a Watsonville dairy, Claravale Farm, that it faces a similar ban if its raw skim milk or raw cream fails another inspection.

From 1998 to 2005, raw milk and cheese were implicated in 39 disease outbreaks nationwide that sickened 831 adults and children, hospitalized 66 and killed one, according to the U.S. Centers for Disease Control.

California's new raw milk safety standards allow no more than 10 coliform bacteria per milliliter, the same requirement for pasteurized milk.

Organic Pastures in particular has been beset by potentially harmful bacteria in its raw milk in recent years.

In 2006, five children were infected with E. coli bacteria linked to Organic Pastures' raw milk. Some suffered bloody diarrhea; others, kidney failure. The dairy is now facing lawsuits from two families affected by the outbreak.

The dairy's raw cream was recalled in September 2007 after listeria was found in a sample, although no illnesses were reported. Then, in November and December, state public health officials investigated reports of a campylobacter bacterial outbreak that sickened five people who drank Organic Pastures raw milk.
I think one of the most shocking quotes from the article is this one:
Organic Pastures' McAfee couldn't agree more.

"I invite (the agriculture department) to keep on sticking me in the ribs because it keeps increasing our sales," he said. "It stirs up the grass roots."

His product is linked to illnesses and it is not  making the grade,  but he uses that as a marketing tool?  This quote and all the Youtube video must really be a headache for his lawyers and insurance carriers.

When the Elephants Dance

Jamie Hartford from QSR Magazine and I spoke over the last few days as I was mediating the Wendy’s 2006 E. coli O21:H19 outbreak in Salt Lake City, Utah. Although Jamie and I primarily talked about how restaurants can protect themselves from contaminated product received from suppliers, some of what we talked about is why Wendy’s and it’s suppliers were unable to take care of all (we did resolve three) of Wendy’s customers. As Jamie wrote:
If a recall is not just precautionary and is linked to an outbreak of food borne illness, losses take on a whole new meaning. Consumers who were harmed can sue for millions of dollars. To avoid being held liable if the product was tainted before a restaurant received it, Bill Marler, an attorney specializing in food borne illness cases, suggests that restaurants ask for an indemnity clause to be included in supplier contracts.
“Ten years ago, it was not usual for grocery stores and restaurants to have indemnity agreements between themselves and their suppliers,” he says. “It’s a new phenomenon, and certainly I’m seeing that much more. You’re seeing more restaurants and grocery stores understanding that they have less control over the products they receive from suppliers. There’s a recognition that a lot of the products they’re getting came to them tainted, and they’re limited in what they can do.”
Marler says a rash of produce-related recalls and illness outbreaks in 2003 and 2004 led retailers and restaurants to tighten up agreements with their suppliers, often requiring that the suppliers’ insurance list the restaurant or grocery store as an additional insured party in the policy.
“The key is to push liability onto the entity that caused the problem to begin with,” Marler says. “If in your restaurant you’re getting contaminated food, there's a limited amount of things you can do to protect yourself … The responsibility for your business loss, the loss to consumers, shouldn't that burden be placed on suppliers?”

However, when a retailer (like Wendy’s) and its suppliers do not agree on what product or conduct caused the outbreak, a fight begins between several large, multi-million dollar food companies and their insurers. And, guess what happens to the poisoned customers:

‘When elephants dance it is the grass that gets crushed, when the elephants fight it is also the grass that gets crushed’


African proverb

That is why injured people hire lawyers.  When corporations and insurance companies do not step up and take care of the folks they hurt, someone has too.

Chicken Recall Over Listeria

In what appears to be three separate recalls due to Listeria, several firms are recalling chicken products sent to several states.

Gourmet Boutique LLC of Jamaica, N.Y., recalled 6,970 pounds of 12 meat and poultry products, which each bear the production code GBD 08058 on the package. These products, which are mostly chicken but also include meatloaf and turkey, were sent to stores in Connecticut, Florida, Georgia, Massachusetts, Minnesota, New Jersey, New York, Pennsylvania, South Carolina and Wisconsin, as well as distribution centers in New York.

In separate announcements this week, three importers recalled 16,332 pounds of Discover Cuisine Red Curry Chicken & Jasmine Rice, with a best buy date of December 18. This was sent to stores nationwide. This product's recall includes 3,780 pounds from Inovata Foods of Alberta, Canada; 10,368 pounds from Costco Wholesale of Issaquah, Wash., and 2,184 pounds from Meijer Distribution Center of Grand Rapids, Mich.

In addition, Stop & Shop is voluntarily recalling four types of prepared chicken sold at deli counters. The Stop & Shop recall covers all of the following items sold on or after February 26.  It is unclear if this recall is related to the others directly.

Aunt Jemima Pancake & Waffle Mix Products Recalled for Salmonella

The Quaker Oats Co. announced the products in the recall are Aunt Jemima Pancake & Waffle Mix: Original, Original Complete and Buttermilk Complete, which may have potential salmonella contamination. No other Aunt Jemima, frozen Aunt Jemima or Quaker products are affected. The products, sold in 2 pound and 5 pound boxes with Best Before dates of FEB 08 09 H through FEB 16 09 H stamped on the top, contain the following UPC codes:

* 30000 43272: Aunt Jemima Buttermilk Complete, 5 lb.
* 30000 05040: Aunt Jemima Original, 2 lb.
* 30000 05070: Aunt Jemima Original Complete, 2 lb.
* 30000 05300: Aunt Jemima Buttermilk Complete, 2 lb.

Product was shipped to 17 states including Texas, Georgia, Alabama, South Carolina, North Carolina, Illinois, Florida, Missouri, Minnesota, Colorado, Wisconsin, Ohio, New York, New Mexico, Kansas and Utah.

Another Conference - at least it is in Arizona

I am at the Food-Borne Illness Litigation Conference being sponsored by the American Conference Institute.  So far the conference has been very informative.  Here is the description of the conference:

2007 was the year of the recall, with e-coli contamination increasing sharply in 2007 over the previous two years. And it’s not just beef recalls and e-coli contamination that are making the news… Peanut butter, spinach, pot pies and pizza; salmonella, listeria and other toxins… All kinds of food-borne illnesses and the ensuing litigation are on the rise, as experts point fingers at increased use of offshore food sources, a largely self-regulated industry, and other factors in an attempt to explain the sudden surge. It’s clearly a critical time for food companies, and the lawyers who advise them, to get valuable, practical information to enable you to minimize the likelihood of these situations and the ensuing litigation from occurring – and to manage the litigation appropriately when it arises.

To address these growing concerns, American Conference Institute has developed this critical conference on Preventing and Managing Food-Borne Illness Litigation. For this unique event, we’ve assembled a multi disciplinary faculty of epidemiologists, microbiologists, key regulators and top litigators in the area, and an agenda that covers all the issues that arise in litigating and settling these complex cases. Get strategic and practical insights into:
  • Understanding the science behind tracing and identifying a pathogen – so you can make or refute the causal link in your case
  • Getting back on track with consumers after a crisis:getting out the right message
  • Using Freedom of Information Act (FOIA) requests:why they are such an effective discovery tool in food borne illness cases
  • Deposing food-borne illness experts: tips and techniques
  • Effect of insurance coverage issues on how you proceed in a third party action
  • Analysis of where plaintiffs been most successful in food-borne illness class actions and MDL proceedings

Hallmark and Westland Saga Continues to Expand

I spoke with Julie Schmit of USA TODAY during a layover in Dallas on my way home about her story this morning “Feds still tracing millions of pounds of recalled meat.” She reported that: “Federal officials said Thursday that more than a third of the meat recalled Sunday in the largest meat recall ever went to federal nutrition programs, and that 15.5 million pounds of that are still being traced. About 50.3 million of the 143 million pounds of meat recalled by Westland/Hallmark Meat were sold to federal programs, including the school lunch program. Of that, 19.6 million pounds were consumed and 15.2 million pounds have been found, the U.S. Department of Agriculture said.” Although the size of the recall matters, here is the shocking part:
The department also said that all products that contained any of the recalled meat should not be consumed. That could include many more millions of pounds of product, ranging from spaghetti sauce to canned ravioli.
As I told her, extending the recall to include comingled and finished products is unheard of given no reports of illness and no hard evidence that the abused cattle were suffering from “Mad Cow” – cautious and safe, but unheard of.
"It's really unprecedented given what appears to be no illnesses and an exceedingly low risk," said William Marler, a prominent plaintiff's attorney.

Castleberry's Botulism Lawsuit Filed - Illnesses reported in Indiana, Texas and Ohio

Although I am down in the “Big Easy” at the GMA’s 2008 Food Claims and Litigation Conference, I still had the time to edit and file what appears to be the second lawsuit against Castleberry’s for producing Botulism contaminated food.

According to the CDC, as of August 24, 2007, eight cases of botulism have been reported from Indiana (2 cases), Texas (3 cases), and Ohio (3 cases). The illness onset dates range from June 29 to August 7, 2007. All eight persons were reported to have consumed hot dog chili sauce made by Castleberry's Food Company.  In July 2007, the U.S. Food and Drug Administration facilitated the recall of 721,239 pounds of canned meat that were identified as possibly carrying the botulinum toxin as the result of an equipment malfunction, according to the USDA. The equipment malfunction was discovered during an investigation into an outbreak of illness in Indiana and Texas. Since then, the recall has been expanded to 10 million pounds of product coming out of the faulty Augusta, Ga., facility.

Botulism is a rare but serious paralytic illness caused by a nerve toxin that is produced by the bacterium Clostridium botulinum. Clostridium botulinum is the name of a group of bacteria commonly found in soil. It is an anaerobic, gram-positive, spore-forming rod that produces a potent neurotoxin. These rod-shaped organisms grow best in low oxygen conditions. The bacteria form spores, which allow them to survive in a dormant state until exposed to conditions that can support their growth.

Some of the coverage of the filings underscores how dangerous Botulism can be. Cory Frolik’s article in the Sandusky Register - "Federal suit filed over tainted food"
Carl Ours Jr. won't be eating Castleberry Food Co.'s chili again.

"He was in bad shape ," said his 72-year-old father, Carl Ours Sr. of Norwalk. "It was a life-or-death thing….” The elder Ours described his son's trauma as excruciating. He said it looked for a long and bleak stretch of time that his son would die. He holds out little hope that his son will ever completely recover.

E. Coli O157:H7 in Beef Will Be Investigated by California Senate Committee and Senator Dean Florez

Due to the 2007 recall of over 30,000,000 pounds of hamburger – with hundreds sickened – and the recent recall of meat from the downer cow problem, the Senate Select Committee on Food-borne Illness will meet Monday, February 25, at 10:00 a.m. in Room 3191 of the California State Capitol to see what can be done to address these serious food safety issues. I have been asked to attend and testify.  As Senator Florez in part wrote today in the California Progressive Report:
As thousands of pounds of frozen ground beef sit “on hold” in school cafeterias across the nation while the USDA determines whether or not it is safe for our children to eat, I have scheduled a hearing of the Senate Select Committee on Food-borne Illness into the events that got us into this situation, as well as other disturbing issues brought to light by the investigation. The USDA is investigating because video footage taken by individuals from the Humane Society shows two workers at Chino-based Westland/Hallmark Meat Company essentially torturing several sick cows to keep them on their feet so they will be deemed eligible for slaughter. There are serious health considerations behind the ban on slaughtering such “downer cattle” for human consumption, such as E. coli or even mad cow disease, which the animals’ staggering may indicate. The thought that workers for a company which provides meat through the USDA to school districts and nutrition programs for the poor and elderly would go to such lengths to sneak a sick cow into the food chain, at great risk to the public health, is a frightening development for which the public deserves answers.
See you in Sacramento on the 25th.  I am then off to Washington D.C. to testify on Tuesday, February 26 in front of the House Energy and Commerce Committee, Subcommittee on Oversight and Investigations on Contaminated Food: Private Sector Accountability. The hearing is at 10:00 a.m. in room 2322 Rayburn House Office Building.

Hawaii Salmonella Ahi Toll Now 34 - Additional Illness in California and Colorado

The Honolulu Advertiser reported this morning that the Hawaii State Department of Health says a new case of salmonella poisoning has been confirmed on Oahu, bringing to 34 the number of such infections since October. The latest case involves someone who reported eating ahi poke bought at a local market, the department said in a news release yesterday. Previous investigations have identified raw imported frozen ahi used in ahi poke as a source of illness in the other cases since October. Additional cases of fish-related illnesses have been reported in Colorado and California.

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.

Erie County New York Vaccination Clinics for Hepatitis A Victims of Wegmans

Newsday reports that the Erie County Health Department scheduled free vaccination clinics Saturday and Sunday after a produce handler at a suburban Buffalo grocery store was diagnosed with Hepatitis A. The clinics are for those who bought unsealed produce at Wegmans on Sheridan Drive in Williamsville since January 7 and who have eaten it raw within the past two weeks, according to health officials.

Wegmans removed potentially affected produce and sanitized the area. The company said it would issue refunds to customers who believe they bought affected produce, but asked they dispose of it at home and not bring it back.

Hepatitis A is one of five human hepatitis viruses (hepatitis A, B, C, D, and E) that primarily infect the liver and cause illness. An estimated 80,000 cases occur each year in the U.S., although much higher estimates have been proposed based on mathematical modeling of the past incidence of infection. Each year, an estimated 100 persons die as a result of acute liver failure in the U.S. due to Hepatitis A, but the rate of infection has dramatically decreased since the Hepatitis A vaccine was licensed and became available in the U.S. in 1995. We have represented thousands of people impacted by Hepatitis A from the following restaurants: Carl's Jr., Chi-Chi's, D'Angelo's, Friendly's, Maple Lawn Dairy, McDonald's, Quizno's, Silver Grill Location Catering, Subway and Taco Bell.

Botulism Seems to be a Weekly Occurence

Health officials again announced that last month's recall of canned beans in 6 to 7 pound institutional-sized cans over botulism concerns has been expanded to include a variety of other vegetables in similar-sized cans.  The expanded recall includes asparagus, peas and other vegetables canned by the Michigan-based New Era Canning Company.  The vegetables are sold under a variety of brand names, including Classic Sysco, Code, Frosty Acres Restaurant's Pride Preferred, GFS, Kitchen Essentials, Monarch Heritage, Necco, New Era, Nugget and Reliance Sysco.  A full list of the recalled products with names and lot codes can be found at the FDA website.

Botulism is a rare but serious paralytic illness caused by a nerve toxin that is produced by the bacterium Clostridium botulinum. Clostridium botulinum is the name of a group of bacteria commonly found in soil. It is an anaerobic, gram-positive, spore-forming rod that produces a potent neurotoxin. These rod-shaped organisms grow best in low oxygen conditions. The bacteria form spores, which allow them to survive in a dormant state until exposed to conditions that can support their growth. The organism and its spores are widely distributed in nature. They occur in both cultivated and forest soils, bottom sediments of streams, lakes, and coastal waters, and in the intestinal tracts of fish and mammals, and in the gills and viscera of crabs and other shellfish.

Enterobacter sakazakii: Infections Associated with Powdered Infant Formula

Enterobacter sakazakii is a gram-negative rod-shaped bacterium within the family Enterobacteriaceae. The organism was called "yellow-pigmented Enterobacter cloacae" until 1980 when it was renamed Enterobacter sakazakii. The majority of cases of infection reported in the peer-reviewed literature have described neonates with sepsis, meningitis, or necrotizing enterocolitis as a consequence of the infection. (1)

E. sakazakii is a rare cause of bloodstream and central nervous system infections. The organism has also been associated with necrotizing enterocolitis; however, it has not been firmly established as a causative agent. Reported outcomes are often severe: seizures; brain abscess; hydrocephalus; developmental delay; and death in as many as 40%–80% of cases. Premature infants are thought to be at greater risk than more mature infants, other children, or adults, and outbreaks of disease have occurred in hospital units for newborns. (2)

E. sakazakii was first implicated in a case of neonatal meningitis in 1958, and since then there have been around 70 reported cases of E. sakazakii infection. However, it is likely that E. sakazakii is significantly under-reported in all countries. Although E. sakazakii can cause illness in all age groups, infants are believed to be at greatest risk of infection. (3) Continue Reading...

Abusing Downer Cows and Feeding Them to Our Kids - It is All About Making a Buck

The recent YouTube video is certainly shocking, but nothing new - we have simply not been paying attention.

Schools are scrambling to pull downer meat off the menu because cows are being abused, and even Agricultural Secretary Ed Schafers issues a statement on downer cow brutality:
"I am deeply concerned about the allegations made regarding inhumane handling of non-ambulatory disabled cattle in a federally inspected slaughter establishment…. We are confident in our inspection system and the food safety regulations that ensure the safety and wholesomeness of the food supply. Among the federal safeguards in place, the U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) prohibits non-ambulatory disabled cattle and cattle tissue identified as specified risk materials for use in human food.
Oh really?  But, then no one is talking about the USDA study published in August 2004 that found that downer cows had three times more E. coli O15:H7 than other cows, or the 1985 study linking chloramphenicol-resistant Salmonella newport traced through hamburger to dairy farms.  We worry about abused cows, or dogs and cats being poisoned by the Chinese, but do we worry about feeding cow shit to our kids? 

I knew this all sounded a bit too familiar.  KIRO TV in Seattle covered this same story in 2002 and 2003 (nasty video's too) – “Downer Industry Thrives Despite Consumers' Concerns,” and Elizabeth Weise of USA TODAY broke the same story in 2004 – “Ban on 'downers' could change way cattle are raised”  - The bottom line is that it is all about money.  As Ms. Weise reported:
Chandler Keys of the National Cattlemen's Beef Association says the 150,000 to 200,000 downers a year are a fraction of the 35 million U.S. cattle slaughtered each year…. An estimated 3% to 4% of beef cattle are downers. But research in Wisconsin and Minnesota in 2003 found 23% of dairy cattle were lame. Dairy cattle are more likely to become downers in part because they live longer…. Beef cattle are slaughtered in their prime.
Downers banned - do not bet on it.  A 2006 audit (PDF) by the USDA's inspector general found downer cows were still being processed for food and that USDA's policy was inconsistent.  At two of 12 plants visited from June 2004 to April 2005, downer cattle were slaughtered for food.  One facility processed 27 of them, the other slaughtered two. 

So, here is the real deal:  A downer cow typically brings $250 to $300 at slaughter. Sending the same animal to a rendering plant costs the owner $20 to $50 per carcass. Do the math.
One other question - where do raw milk cows go?

Minnesota Department of Health and CDC Pins Name on Pig Slaughterhouse Illness - Progressive Inflammatory Neuropathy

Lauran Neergaard of the AP again breaks another disturbing story about the dangers of our food supply.  She reports this evening that Investigators are preparing to test pig brains as they struggle to tell what is causing a mysterious nerve illness affecting pork plant workers in Minnesota and Indiana.  The CDC and Minnesota Department of Health are calling the condition "progressive inflammatory neuropathy"  - meaning something is triggering inflammation serious enough to damage nerves.  All 14 employees who became ill worked near powerful compressed air systems that blow brains out of pig heads at what is known as the head table.  Both plants have stopped using the process.

More on the E. coli "Uptick"

So, first some facts:  the CDC reports that Escherichia coli O157:H7 is a leading cause of foodborne illness.  Based on a 1999 estimate, 73,000 cases of infection and 61 deaths occur in the United States each year.   The CDC found also that from 1996-2004, the incidence of E. coli O157:H7 infections decreased 42 percent.  However, 2007 started an ominous "Uptick." 

As I blogged about last year - E. coli’s comeback: What’s with that?” - in some 21 recalls, ground beef companies have recalled more than 33 million pounds of E. coli O157:H7-contaminated meat.  2008 has also seen recalls and we are not even a month into the year.  In the last year hundreds have been sickened, including dozens of children who have undergone kidney dialysis as a result, some have died. 

Why the increase in 2007 and 2008 in E. coli illnesses and recalls after years of decreases?

There are as many theories as there are authorities, researchers, and meat packers.  Some of my thoughts from December 2007 surfaced again in Phil Brasher’s article, “Scientists study possible link between ethanol byproduct and E. coli.”  A nationwide surge in beef recalls has pointed the finger at an unlikely culprit - the nation's fuel ethanol industry.  Studies at two universities suggest that feeding cattle a byproduct of ethanol production known as distillers grains may increase levels of a deadly form of E. coli bacteria. 

It seems to be about saving or making a buck. According to the Iowa Cattlemen's Association, cattlemen pay $35 a ton for distillers grains, the equivalent of $2.85 a bushel for corn.  In Iowa corn has been selling for more than $4 a bushel.  It takes about 33 bushels to make a ton.  It takes the equivalent of 70 bushels of corn to fatten a steer.  So if I did my math correct, if you feed a steer corn, it costs about $132 to fatten it; if distillers grain is used, $75. Hmmmm, I wonder if that has anything to do with it.  It will be interesting to see the cattlemen explain that to a jury in an E. coli case.

I found some interesting quotes about the price of steers and how the costs of inputs like, corn vs distillers grain, might drive risky decisions - “In The Cattle Markets” - A weekly newsletter jointly produced by Kansas State University, University of Nebraska and Utah State University.
“Feedlots seem to be signaling that they would prefer to place feeders at heavier weights and avoid feeding that high priced corn. Fed cattle weights have also been declining since November of last year and are now below the 5-year average. That decline may also reflect a dislike for feeding high priced corn…. Packer margins have likely improved in the last few weeks but feedlots are probably losing over $100 per head on most sale lots…. Lower returns and increased risk is the current state of the industry.”
Mr. Brasher also reported that “there are other theories for the surge in recalls.  One is that the bacteria spread from steer to steer more easily last year because feedlots were muddier than usual.  Another possibility is that bacteria have evolved in a way that makes them harder to detect.  Yet another theory is that immigration raids have robbed slaughterhouses of experienced workers.”  Sound familiar?  Here were some of my thoughts on the "Uptick" from December 2007:

  • Complacency:  After five years of progress with the E. coli problem, one wonders if meat processors have consciously or unconsciously slacked off, relaxing their testing procedures so that they are less likely to detect tainted meat.
  • Better Reporting:  One of my associates believes that more doctors are more likely to recognize the symptoms of E. coli poisoning, thereby increasing the chances that an outbreak will be detected, leading to a recall.
  • Global Warming:  Too dry? One theory has it that drought through much of the southeast and southwest has led to more fecal dust wafting in the breezes through beef-slaughtering plants, creating new avenues for beef to become tainted. How’s that make you feel about that ground sirloin? Too wet? This theory focuses on excessive rainfall in other regions, which leads to muddy pens that serve as an ideal vehicle for E. coli at meat-processing plants.
  • High oil prices:  They get blamed for everything else, so why not food-poisoning? The theory is that $3 gas has fueled the growth of ethanol plants. Those plants tend to be built next to feedlots, because the plants produce a byproduct called distiller’s grains, which serves as an excellent feed for livestock. Problem is, according to research at Kansas State University, the distillers grain also increases the incidence of E. coli in the hindguts of cattle.
  • Illegal Immigration:  Wait, perhaps not. The New York Times reported that immigration officials began a crackdown at slaughterhouses across the country last fall. Some now are hiring men from homeless missions and providing free transportation to many of them. Hmmm, a influx of unskilled, but US workers, with no experience and high turnover.
  • The Darwinian explanation:  Another theory has it that previous interventions – from Jack in the Box to Odwalla and ConAgra – have forced the E. coli microbes to adapt, selecting pathogens that are more resistant to detection or intervention.
Josh Funk, from ground zero of the E. coli wars, AP Omaha, wrote yesterday, “Government scientists working to unlock secrets of E. Coli.” I loved the quote from Mohammad Koohmaraie, director of the U.S. Meat Animal Reseach Center: "Our purpose is to save little kids' lives."  I could not agree more.  As Mr. Brasher also reported:
A Seattle law firm wants to find out if ground beef is being contaminated with harmful strains of E. coli bacteria that federal inspectors don't look for. The firm of Marler and Clark, which specializes in litigating cases involving food-borne illnesses, recently announced plans to test 5,000 beef samples over the course of a year. Samples that test positive will be turned over to the federal Centers for Disease Control and Prevention, the firm said. ??The government and beef industry have focused their testing on a single strain of E. coli known as O157:H7. ??Richard Raymond, the U.S. Department of Agriculture's undersecretary for food safety, said he supported the law firm's testing plan. He said the department could not afford to do its own testing for alternative E. coli strains.

Words not Usually Associated with Food Safety

My insomnia got the better of me this morning.  So, as I cruised the Internet for tidbits on food poisoning I found a few interesting morsels.  Lately I have been obsessing about how the safety of raw milk has become so tied up with anti-big Ag, save the family farm and the un-verified health benefits. I found an article about Schlittler Farm (hmm, odd name for a raw milk seller) on the pages of farmers-friend.com:
Currently the only documented producers of raw milk in Northeastern Pennsylvania, the Schlittlers are tapping into a continually growing anti-pasteurization subculture. Some raw milk enthusiasts drink it because they believe it's healthier than processed milk, capable of improving one's immune and digestive systems. Some can't get enough of the taste, which tends to be sweeter and creamier than pasteurized. Others see it as a benefit to small farms and the environment.

With this mindset comes some risk, as raw milk has the potential to carry harmful bacteria that pasteurization destroys, including E. coli, listeria and salmonella. (Proponents of raw milk claim pasteurization also kill beneficial bacteria, proteins and enzymes.) Under state law, farms like the Schlittlers' must submit themselves to quarterly inspections by the Department of Agriculture, and, on an annual basis, have their milk tested for four pathogens (salmonella, E. coli 0157:H7, Listeria and campylobacter) and their cows checked for tuberculosis and brucellosis.

In addition, the Schlittlers pay a laboratory to test their milk for bacteria twice a month. They're also required to keep a sign posted in their barn that advises customers on the possible perils of drinking raw milk, stressing pregnant women, children, the elderly and people with weak immune systems are the most susceptible.
Finishing up the article on how to save the Schlittler family farm by selling raw milk (beside changing the name), I then stumbled upon another odd name tied to a food product, “Company recalls yellow croaker products” due to possible botulism contamination. Ok, how many of you knew that a croaker was not something that happened AFTER you ate something with possible botulism contamination? Seriously though:

Seoul Shik Poom Inc. of Hillside, is recalling the products because they have the potential to be contaminated with Clostridium botulinum, a bacterium that can cause life-threatening illness or death.  The yellow croaker products were distributed in New Jersey, New York and Maryland through retail stores. This product comes in a clear plastic bag and is individually tied.

BG1103 Salted Yellow Croaker (bag) 2.2 lbs
BG1121B Dried Yellow Croaker (bag) 4.5 lbs
BG1121 Dried Yellow Croaker (bag) 2.2 lbs
BG1122B Dried Yellow Croaker (bag) 4.5 lbs
BG1124 Yellow Croaker (bulk box) 29.73 lbs
BG1124A Yellow Croaker (bulk box) 31.6 lbs
BG1123 Yellow Croaker (bulk box) 30.83 lbs

Salmonella Turtles Attack in 33 States

Multistate Outbreak of Human Salmonella Infections Associated with Exposure to Turtles --- United States, 2007--2008



As of January 18, 2008, a total of 103 cases with isolates indistinguishable from the outbreak strain had been reported to CDC from 33 states. Of the 100 patients for whom age information was available (median age: 7.5 years; range: <1--87 years), 56 (56%) were aged <10 years. Fifty-two (51%) of the 101 patients for whom the sex was known were female. Illness onset dates ranged from May 4, 2007, to December 15, 2007. Among the 78 patients for whom clinical information was available, 51 (65%) reported bloody diarrhea, with a median duration of illness of 7 days; 24 (30%) of the 80 patients for whom hospitalization status was known were hospitalized for their illnesses, with a median duration of 4 days. Among the 80 patients questioned about turtle exposure, 47 (59%) reported turtle exposure during the 7 days before illness onset. No deaths were reported.

Wait a second, didn’t the CDC publish another MMWR report of illness traced to turtles that came from Texas, Alabama, Arizona, California, Florida, Massachusetts, Nevada, New Mexico, New York, Pennsylvania and South Carolina last year too?  According to the CDC, other reptiles and amphibians have been linked to illnesses as well.  I guess no kissing the frog to figure out if it is really a prince.

In July of last year I blogged about – “Salmonella Death in Florida - Turtles to blame – Again”

It what must rank up there with one of the more stupid moves by Congress (I know there are many), on May 2, 2007, according to Senator Mary Landrieu, “in A 93-1 vote, the United States Senate today passed S. 1082, the Food and Drug Administration (FDA) Revitalization Act, which includes a key amendment offered by Senator Landrieu, that would lift the current ban on the sale of baby turtles in the United States.” The Senator goes on to say:
"My amendment frees Louisiana's turtle farmers from outdated FDA regulations that have crippled them for more than 30 years," Senator Landrieu said. "This is a great success for our agriculture industry, and I am proud that I could work with the Senate leadership to get this key provision passed. I urge the House to follow the Senate and pass this legislation so that the President can sign it and our farmers can have the freedom they need to provide safe and healthy turtles to America's children and families."
Now here is the real issue:

“There are approximately 78 turtle farmers in Louisiana, comprising a $9.4 million industry.”
Check the campaign donations.  What is Congress thinking? Might I suggest an email campaign to the good Senator? Here is her press agents email: scott_schneider@landrieu.senate.gov

New Era Botulism Beans Recalled - Again

New Era Canning Company of New Era, Michigan is recalling all cans of green beans and garbanzo beans in #10 cans (large cans containing between 6 and 7 pounds) because they may have been processed under conditions which could have led to contamination by Clostridium botulinum bacterium spores, which can cause life-threatening illness or death. The codes on the affected product begin with the numbers “00249,” or the letters “GREEN” or “GARB”. This recall does not include Italian Green Beans because that is a different product.  The two earlier recalls:
It is interesting that this new recall notice comes out at 6:00 PM on a Friday night -- hmmm, bet they did not think the "Merry Flawger" would be paying attention.  I clearly need to find something to do on Friday nights.


The following product labels are affected: Continue Reading...

Welcome New Readers - Tony Roma's and Rochester Meat

I think it is great to have new folks (other than my mom) reading my blog.  A hearty welcome to:




Both have logged on multiple times over the last few days.  They appear to be some of my more frequent visitors - some of which include, ConAgra, Cargill and Topps.  Again, welcome.

Another Victim of E. coli - Lack of Hamburger Sales

Marti Davis of the Knoxville News and I spoke yesterday afternoon about the Cargill/Sam’s Club E. coli outbreak and the status of the litigation against Cargill on behalf of the McDonalds. Her report, “Dad only one who has eaten burger since kids got sick from meat,” should send shivers down the spine of CFO’s at meat companies across the United States.

Jim’s children, John and Michaela McDonald, shared a burger that led to a prolonged stay in intensive care and cost 4-year-old John part of his bowel and colon. Jim and Georgia McDonald, parents of four, purchased the frozen hamburgers at Sam's Club near their West Knoxville home a few days before the patties were recalled.

As I told Ms. Davis:
Meanwhile, Seattle, Wash. attorney Bill Marler, who represents the McDonalds, said the Cargill Co. has agreed to mediate and will likely offer a settlement. Marler has withdrawn the McDonald lawsuit pending mediation.


Marler said recalls of E. coli-tainted beef continue, with the latest reported just days ago. Any settlements the family receives will compensate the McDonalds for their suffering and help pay for treatment of future medical complications resulting from the illness, as well as motivating food processors to be more careful, Marler said.

Salmonella Newport Outbreak in South Dakota and Three other States

The Associated Press reported today that the South Dakota Health Department announced that the Centers for Disease Control and health officials in South Dakota and three other states are investigating an outbreak of Salmonella Newport. In South Dakota, cases were reported in nine adults and two children in the Black Hills area. Six required hospitalization.

Perhaps the other three States are Montana, Pennsylvania and Texas?  According to KULR TV in Billings:
Some people in Yellowstone County are infected with Salmonella; the same strain that is making people sick in states as far away as Texas and Pennsylvania. Now, the Yellowstone County Health Department is trying to figure out how they are connected.
Or, as perhaps suggested to me by the Foodsnark, this might be tied to the Salmonella Newport outbreak linked to Safeway in December.

Raw Milk Hearing

On Wednesday, January 16, at 1:30 p.m. in Room 4202 of the California State Capitol Building there will be a hearing on already passed AB 1735.  The bill changed the California’s Food and Agricultural Code to limit to 10 the amount of coliform bacteria per milliliter raw-milk.  I will see you there.  I did post earlier, "So, what's the beef with the new California raw milk safety rules."  It generated some hate posts.  Well, at least I know that more folks than my mom are reading my blog.

Rochester Meat Company Recalls Ground Beef Products Due to E. coli O157:H7 Contamination - five illnesses in Wisconsin and one illness in California - Restaurant Chain Suspected?

FSIS announced tonight the first E. coli O157:H7 recall of 2008.  In 2007 there were at least 21 recalls, totaling over 33,00,000 pounds of meat.  Now Rochester Meat Company, a Rochester, Minnesota firm, is voluntarily recalling approximately 188,000 pounds of ground beef products because the meat resulted in five illnesses in Wisconsin and one illness in California due to contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today.  We believe that a National Restaurant Chain may be involved.

The ground beef products subject to recall were produced on Oct. 30, 2007, and Nov. 6, 2007. The products subject to recall were shipped to distributors nationwide for further distribution to restaurants and food service institutions. These products were not available for purchase by consumers in retail establishments.

Each box bears the establishment number “Est. 8999” inside the USDA mark of inspection. The following products are subject to recall:

* 10-pound boxes of “SEASONED BEEF BULK” bearing a product number of “09068,” as well as an eight-digit lot number beginning with “730314.”

* 10-pound boxes of “100% PURE BEEF PATTIES” bearing a product number of “09071,” as well as an eight-digit a lot number beginning with “731013.”

* 15-pound boxes of “CHEYENNE SEASONED BEEF PATTIES” bearing a product number of “12017” or “12018,” as well as an eight-digit lot number beginning with “730314.”

* 10-, 15- and 20-pound boxes of “100% PURE GROUND BEEF PATTIES” bearing a product number of “1340,” “127533,” “135724,” “158843” or “158852,” as well as an eight-digit lot number beginning with “731013” or “731014.”
* 10-pound boxes of “100% PURE GROUND CHUCK BEEF PATTIES” bearing a product number of “158898,” as well as an eight-digit lot number beginning with “731014.”

* 10-, 15- and 25-pound boxes of “100% PURE GROUND BEEF CHUCK PATTIES” bearing a product number of “85227,” “227806,” “407823,” “407830,” “407840,” “417841” or “437531,” as well as an eight-digit lot number beginning with “730314,” “731013,” or “731014.”

* 10-pound boxes of “OUR HOMESTYLE 100% PURE GROUND BEEF PATTIES” bearing a product number of “208033,” as well as an eight-digit lot number beginning with “731014.”

* 15-pound boxes of “SEASONED BEEF PATTIES” bearing a product number of “357835,” as well as an eight-digit lot number beginning with “730314.”

* 15- and 15.3-pound boxes of “USDA CHOICE OR HIGHER 100% PURE GROUND BEEF PATTIES” bearing a product number of “437507” or “437521,” as well as an eight-digit lot number beginning with “730314,” “731013,” or “731014.”

* 15-pound boxes of “USDA CHOICE OR HIGHER GROUND BEEF CHUCK PATTIES” bearing a product number of “437822,” as well as an eight-digit lot number beginning with “731014.”

Third Man confirmed dead from Whittier Farms Pasteurized Milk

Stephen Smith of the Boston Globe  reported on the tragedy of yet another death tied to milk consumption.  This death increases the number of deaths to three elderly men and the death of  an unborn child.  Also, according to the Globe the outbreak numbers have increased to five:
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.
I have been getting blogged to death by the proponents of Raw Milk - as they say in pasteurization and politics - "if you can't stand the heat, get out out of the kitchen."  I'm staying.  In any event, whatever the health benefits of RAW our mis-pasteurized whatever, there are risks as I have written on www.listeriablog.com:

Preventing Listeria infection

General recommendations include: thoroughly cook raw food from animal sources; keep uncooked meats separate from vegetables and from cooked and ready-to-eat foods; avoid unpasteurized (raw) milk or foods made from unpasteurized milk; wash hands, knives, and cutting boards after handling uncooked foods; wash raw vegetables thoroughly before eating; and consume perishable and ready-to-eat foods as soon as possible.

Recommendations for persons at high risk, such as pregnant women and persons with weakened immune systems, in addition to the recommendations listed above, include: do not eat hot dogs, luncheon or deli meats, unless they are reheated until steaming hot, and wash hands after handling those products; do not eat soft cheeses (such as feta, Brie, Camembert, blue-veined, or Mexican-style cheese), unless they have labels that clearly state they are made from pasteurized milk; and do not eat meat spreads or smoked seafood from the refrigerated or deli section of the store (canned or shelf-stable products may be eaten).

At Least Three Deaths Linked to Whittier Farm Milk Listeria Outbreak

According to Stephen Smith of the Boston Globe Staff in his article, “State test points to dairy as germ source:”
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….

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.
Clearly, there was a failure in the pasteurization process or the contamination was introduced post-pasteurization.  Recent reports suggest the later.  Although outbreaks associated with mis-pasteurized milk have occurred, in nearly every instance it was a failure of the pasteurization process or post-pasteurization contamination that lead to illnesses. See by prior blog post, “More News on Massachusetts listeria Deaths Related to Whittier Farms Pasteurized Milk.”

So, before you go out and start buying raw milk because you are now worrying about mis-pasteurization, please take a hard look at the list of raw milk outbreaks put together by Barfblog and the below PowerPoint from the FDA:

Here is some interesting information on Raw Milk Production:  "Raw Milk Legal Status in Top 10 Milk Production States:"

1. California – 2903 million pounds in 2003 – Raw milk sales are legal in retail stores.

2. Wisconsin – 1852 million pounds in 2003 – In January, 2005, a raw milk bill was submitted to the Wisconsin legislature

3. New York – 1015 million pounds in 2003 – Raw milk sales are permitted on the farm.

4. Pennsylvania – 855 million pounds in 2003 – Raw milk sales are legal both on the farm and retail

5. Minnesota – 691 million pounds in 2003 – State Constitution stated in Article XIII, Section 7: Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.

6. Idaho – 734 million pounds in 2003 – Raw milk sales are legal with a license

7. New Mexico – 565 million pounds in 2003 – Raw milk and raw milk products sales are legal both on the farm and in retail stores

8. Michigan – 511 million pounds in 2003 – Raw milk sales are illegal but the state condones cow sharing programs

9. Washington – 467 million pounds in 2003 – Grade A dairies may sell raw milk

10. Texas – 471 million pounds in 2003 – Raw milk sales are permitted

Two dead from Listeria from Whittier Farms milk contamination in Shrewsbury, Massachusetts

According to the Milford Daily News, the Massachusetts Department of Public Health (DPH) issued a warning today warning consumers not to drink any milk products from Whittier Farms in Shrewsbury because of listeria bacteria contamination, which has contributed to the death of two people. Four cases of listeriosis infection have been identified by DPH, according to a statement released by the state department late this afternoon. The cases occurred in June, October and two in November. The four cases involved three elderly residents and a pregnant woman from Worcester County. Two of the people have died. They have not been identified. DNA fingerprinting conducted by the State Laboratory Institute showed that the bacteria causing these infections came from a common source. Samples collected showed product contamination.

According the its website:
Whittier Farms is located in the historic and picturesque town of Sutton, Massachusetts. The farm is presently owned and operated by the fourth and fifth generation of the Whittier Family. The farm consists of two locations, which oversee each other from the tops of two hills with rolling fields nestled between them, depicting a true New England countryside.
Listeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells. Listeria also produces toxins that damage cells. Listeria invades and grows best in the central nervous system among immune compromised persons, causing meningitis and/or encephalitis (brain infection). In pregnant women, the fetus can become infected, leading to spontaneous abortion, stillbirths, or sepsis (blood infection) in infancy.

An E. coli Wedding from Hell

E. coli O157:H7 Outbreak Associated with A Wedding Reception in Raleigh, North Carolina

We just received the attached report (PDF link above and picture) from the State of North Carolina on truly a wedding from hell.  My wife and I eloped.  My strong suspicion is that this couple wishes they had as well, or at least skipped the reception.  The report in part reads:

On October 22, The General Communicable Disease Control Branch (GCDC) was contacted by a guest and family member of the bride to report an outbreak of gastroenteritis caused by Escherichia coli O157:H7, associated with a catered wedding reception held in Raleigh on October 13, 2007. GCDC reported the call to Communicable Disease nurse staff at the Wake County Human Services Department (WCHS) and offered to assist with their investigation.

The wedding reception was held at the Exploris Museum in Raleigh and was catered by Triangle Catering. 110 wedding guests were invited to attend, and staff who worked the even were allowed to consume leftover food items.

27 people report a diarrheal illness with onset between October 13-24, 2007.  Two people were hospitalized. One patient in New York reportedly has acute renal failure, and is considered an HUS case by the State of New York. 


The State concluded that:

"It does seem more likely than not the outbreak occurred because of exposures to food items served at the wedding reception that were contaminated with
E. coli O157:H7. "


The Centers for Disease Control and Prevention (CDC) estimated in 1999 that 73,000 cases of E. coli O157:H7 occur each year in the United States. Approximately 2,000 people are hospitalized, and 60 people die as a direct result of E. coli O157:H7 infections and complications. The majority of infections are thought to be foodborne-related, although E. coli O157:H7 accounts for less than 1% of all foodborne illness.

Fellow blogger and author, Phyllis Entis - "Food Safety: Old Habits, New Perspectives" and "Food Microbiology - The Laboratory" – posted, “Party Pooper - And No Way To Trace It” about this recent E. coli outbreak.
"The association between London Broil flank steaks and the outbreak was reported to the North Carolina Department of Agriculture, and a compliance officer from that agency examined the invoices and other records the caterer had regarding those steaks. The invoice information indicated who the distributor for the product was, but there were no records available to identify the original producer for the meat. Therefore it is impossible to complete traceback for the item, or to identify unopened product that could be tested."

So, once more, the consumer was treated as the canary in the cage. Proper record keeping would have allowed investigators to identify the source of the meat and request a recall, if appropriate. Instead, all that North Carolina could do was post the "fingerprint" of the offending E. coli O157:H7 in the national data base and wait for a match. As of November 29th, the date of the final report, this appears to have been an isolated incident.

Salmonella fear prompts recall of basil shipped to California, Texas and Illinois

AP reported that 5,500 pounds of "Green Paradise" brand basil has been recalled. The basil was shipped in sets of 12 one-pound boxes marked with lot No. 1219. The basil grown in Mexico and sold in the United States has been recalled because of fears it may be infected with Salmonella. The basil was imported from a farm in Mexico's southern Baja California region on December 5th and sold to food distributors in California, Texas and Illinois the following day by Top Line Specialty Produce in California. Top Line sold the basil to restaurants and other food service customers, but it was unknown whether the other distributors sold to food service customers or retailers.

It is clear that this in not the first time Basil has been linked to recalls and illnesses.  AP reported in May 2004 that Federal regulators are alerting consumers that raw basil and spring mix salad may be linked to food-poisoning outbreaks that reportedly sickened more than 90 people in Illinois and Texas.  In August 2005, the FDA Notified Processors of Recall of Fancy Whole Basil Due to Possible Health Risk. The FDA advised processors and repackers that Majestic International Spice Corporation of Montebello, CA, recalled its dried “Extra Fancy Basil” spice in 12.5 kilogram bags because FDA found the product contaminated with Salmonella Blockley.  Contaminated fresh basil was suspected as the most likely cause of an outbreak of the parasitic illness cyclospora that has sickened 300 Floridians in October 2005.  And in May 2007, the British Food Standards Agency advised people who bought certain batches of fresh packets of basil from ASDA, Sainsbury’s and Somerfield stores not to eat them.

All that being said, the BBC reported in June 2003 that a Basil Herb wrap wards off food poisoning.
The herb basil is the crucial ingredient in a super wrap being developed to protect food more effectively from contamination by dangerous bugs. Scientists are using anti-microbial extracts from the herb to create a plastic wrapper for meat and cheese. The chemicals slowly ooze out from the wrapper - and extend the product's shelf-life by killing off bacteria such as E. coli and listeria which can cause severe food poisoning.
Goes to show that you can find anything on the internet – thanks, Al Gore.  Interestingly, South Dakota has seen an increase in salmonella cases according to a warning from the State Health Department following a spike in salmonella cases this year.

Botulism Beans Banned in Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Mississippi, Missouri, North Carolina, Tennessee, and Virginia

New Era Canning Company of New Era, Michigan announces the recall of 171 cases with six cans per case of GFS Fancy Blue Lake Cut Green Beans because they may be contaminated with Clostridium botulinum, a bacterium which can cause life-threatening illness or death from botulism.  Consumers are warned not to use the product even if it does not look or smell spoiled.  The canned green beans were distributed to foodservice customers in Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Mississippi, Missouri, North Carolina, Tennessee, and Virginia and sold through GFS Marketplace stores in Indiana, Kentucky, and Tennessee.  The canned green beans are packaged in 6 lbs. 5 oz. cans under the GFS brand (GFS reorder #118737; UPC 93901 11873) with lot code 19H7FL printed on the end of the can.

We are representing folks from two earlier Botulism problems - one in Nevada and the other in Hawaii.
Foodborne botulism (as distinct from wound botulism and infant botulism) is a severe type of food poisoning caused by the ingestion of foods containing the potent neurotoxin formed during growth of the organism. The toxin is heat labile and can be destroyed if heated at 80°C for 10 minutes or longer. The incidence of the disease is low, but the disease is of considerable concern because of its high mortality rate if not treated immediately and properly. Most of the 10 to 30 outbreaks that are reported annually in the United States are associated with inadequately processed, home-canned foods, but occasionally commercially produced foods have been involved in outbreaks. Sausages, meat products, canned vegetables and seafood products have been the most frequent vehicles for human botulism.

Our friendly, neighborhood, Foodsnark, alerted me to:

Local schools, nursing homes warned of botulism threat

Schools just in Knox County:

Doak Elementary - Greeneville
Greeneville Middle School - Greeneville
Hal Henard Elementary - Greeneville
Eastview Elementary - Greeneville
Saint Joseph's School - Knoxville
Episcopal School of Knoxville
St. John Neumann School - Knoxville
Hillcrest Elementary - Morristown
M-H West High - Morristown
M-H East High - Morristown
Union Heights Elementary- Morristown
Westview Middle - Morristown
Alpha Elementary- Morristown
John Hay Elementary - Morristown
Surgoinsville Elementary - Surgoinsville
Cocke County High School - Newport
Northwest School - Newport

That is a lot of kids to poison.

Salmonella Newport Recalled Safeway Hamburger sickens 38 in Arizona, California, Idaho and Nevada

According to the CDC, An estimated 1.4 million cases of Salmonellosis occur annually in the United States. Salmonella Newport is the third most common Salmonella serotype in the United States. During 1997--2001, the number of laboratory-confirmed Salmonella Newport infections reported to CDC increased from 1,584 (5%) of 34,608 reported Salmonella infections to 3,152 (10%) of 31,607 (CDC, unpublished data, 2002). The increasing number of Salmonella Newport infections in the United States appears to be associated with the emergence and rapid dissemination of multidrug-resistant strains of Salmonella Newport.  The title to my post should be - Salmonella Newport Strikes again.  Not to be confused with Newport Beach.

FSIS ALERT: FSIS Issues Public Health Alert for Ground Beef Products Due To Possible Salmonella Contamination

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) issued a public health alert due to illnesses from Salmonella Newport associated with fresh ground beef products contaminated with multi-drug resistant Salmonella that was ground and sold at Safeway supermarkets in Arizona, California, Hawaii, Nevada and New Mexico between Sept. 19 and Nov. 5, 2007.  The alert was initiated after epidemiological investigations conducted by the California Department of Public Health, Arizona Department of Health Services and the Centers for Disease Control and Prevention, determined that there is an association between the fresh ground beef products and 38 illnesses reported in Arizona (16), California (18), Idaho (1) and Nevada (3).

In the last few years we have done at least three Salmonella Newport cases - one involving KFC, one involving the Tennessee Taco Company and one also involving hamburger purchased at Wegman's reported by the CDC as an Outbreak of Multidrug-Resistant Salmonella Newport --- United States, January--April 2002:  The outbreak involved 47 persons in five states: New York (34 cases), Michigan (five), Pennsylvania (four), Ohio (two), and Connecticut (two).  What is interesting about Salmonella Newport is its prevalence in "cull cattle" that is used in hamburger production.  We did sue Safeway in 2004 in a Oregon Salmonella case.   From the Salmonella Disease Diagnostic Laboratory:
The National Veterinary Services Laboratories (NVSL) listed Salmonella Newport as one of the top ten most frequently identified Salmonella serotypes from U.S. cattle from July 1998 through June 1999. Nontyphoidal salmonellosis is an infection estimated to cause over 1 million cases of illness and 500 deaths in humans annually in the United States. Cull (market) dairy cows account for a large amount of beef, especially ground beef. Of 58 serotypes isolated by culture from culled dairy cows in five regional market cow establishments in the U.S., Salmonella Newport was among the 30 most prevalent serotypes.
According to a company press release - Safeway Inc is warning consumers that some of their ground beef may be contaminated with Salmonella bacteria.  The ground beef in question would have entered the supply chain between September 19 and November 5. The products were sold in five western states - Arizona, California, Hawaii, Nevada and New Mexico.  Officials with the company stress the fact that the Salmonella scare is confined to frozen ground beef products.  The company states that they have received no news of anybody becoming sick from eating their ground beef (what is the disconnect between the government and Safeway), but are urging consumers who may have bought it between the effected dates to throw it away - Hmmmm, I would advise to not eat it and contact you local or state health officials.  Also see this interesting video from YouTube:
I found this quote on a progressive website"There is no word yet from Safeway headquarters on whether the grocery store chain will change its name to something more appropriate."


E. coli "Uptick" to Continue in 2008

Bill Tomson writer for the Wall Street Journal wrote in yesterday’s WSJ – “U.S. Agency to Focus Efforts On Reducing E. coli Threat.” According to Mr. Tomson, we can all expect “just as many beef recalls, if not more, in 2008 as they did this year….”  According to USDA officials:

It took one of the largest-ever beef recalls -- 21.7 million pounds of frozen hamburger patties linked to severe illnesses -- in 2007 to make USDA officials question whether beef processors around the country were following safety guidelines when it came to E. coli contamination. The New Jersey-based Topps Meat Co., the producer behind the massive recall, certainly wasn't, USDA officials said.

"When we sent food-safety assessors into the Topps plant, we found that their policies they had in place were not being followed nearly as vigorously as they had been just two years ago when we did a food-safety assessment in the same plant," USDA Under Secretary for Food Safety Richard Raymond said in an interview…. "We don't know if Topps was the tip of the iceberg and other plants have gotten sloppy, or Topps was kind of an isolated incident," Mr. Raymond said.


I have been "flawging" about this "uptick" in recalls and ill people.  I only hope the USDA figures out what is going on before more people get sick or die.  Some of my earlier posts:

E. coli's Comeback: What's up with that?

E. coli O157:H7 -- It's back, with a vengeance

Months ago in a post: "Put me out of business - Please - 2007,"  I said, I am not sure I know the reason for the new and ominous trend (these are the largest meat recalls in five years), but by anyone’s count these numbers are concerning. What I do know is that these recent outbreaks have all the ugly signs of another national emergency. As a nation - and that includes all federal and local government agencies as well as the private sector – we cannot let the positive tend of the past become another acceptable body count. We need to figure out why this has happened. My suggestion – if Congress was willing to drop everything in order to investigate the deaths of a dozen cats due to contaminated pet food from China – perhaps bringing all the executives of the companies responsible for this recent rash of outbreaks, recalls and illnesses to Washington for a few days of questioning (under oath) might help us get to the bottom of this.

Wendy's E. coli Outbreak in Utah

Well after spending most of last week in Salt Lake City mediating, and resolving, spinach-related E. coli O157:H7 cases, I find myself heading back to Salt Lake City Sunday afternoon to work on a little-reported Wendy’s E. coli outbreak, this time E. coli O121:H19.  Here is the very sad story:

In early August 2006, public health officials in Weber County, Utah, became aware of several people who attended a teachers’ conference luncheon that had contracted E. coli O121:H19. On August 2, 2006, the Weber-Morgan Health Department (WMHD) issued a News Release indicating that three people had contracted E. coli O121:H19, and that two of the individuals had developed HUS. WMHD stated that the evidence indicated that all three people contracted E. coli from the same source sometime during June 27-30 at a restaurant in the Ogden, Utah area. By August 7, WMHD officials had revised the number of outbreak victims to four, including three who had developed HUS. We represent all the HUS victims, two of which are some of the more severely injured E. coli victims I have represented since the Jack-in-the-Box outbreak of 1993.

WMHD further concluded that the source of the contamination was possibly iceberg lettuce prepared at the Wendy’s Restaurant at 2500 North 400 East in North Ogden, Utah. One of the patients with confirmed HUS who had not attended the teacher’s conference had eaten cheeseburgers with iceberg lettuce at the Wendy’s Restaurant during the outbreak period. The second confirmed HUS case was an attendee of the teachers’ conference, and a third case of HUS was determined to be secondary transmission from an infected person at the conference. Eventually, WMHD determined that at least 69 people had become ill in the outbreak. Of the sixty-nine people who reportedly became ill, four remained hospitalized and were in serious condition.

Three of the HUS patients with E. coli O121:H19 were laboratory confirmed by stool culture. DNA subtyping by Pulsed Field Gel Electrophoresis (PFGE) showed that one of the individuals that was not associated with the conference, but who had consumed cheeseburgers from Wendy’s during the outbreak period, was an identical genetic match to one of the previous confirmed E. coli cases associated with Wendy’s.

SPAM

We have been having problems today with our firm's spam filter - it is down.  Between emails from lawyers, Nigerian chain mail and male enhancement medication sales, I thought about the other SPAM.  According to Wikipedia, SPAM luncheon meat is a canned precooked meat product made by the Hormel Foods Corporation. The labeled ingredients in the Classic variety of Spam are: chopped pork shoulder meat with ham meat added, salt, water, sugar, and sodium nitrite to help "keep its color". The product has become part of many jokes and urban legends about mystery meat, which has made it part of pop culture and folklore.

In 14 years of doing food poisoning cases, I have never had one, or heard of one, tied to SPAM consumption.  Any other information out there?  Is this the food of the future?  Update - apparently not - at least not in Hawaii:


Spam musubis suspect in food poisoning


“State officials said consumer mishandling of Spam, such as holding it without refrigeration for too long, could be the cause of some of the illnesses.”


So,  people actually eat this, or do they just handle it?

Pot Pie Patrol

To date, we have filed six lawsuits against ConAgra stemming from this Salmonella outbreak.  We presently represent nearly two dozen people throughout the United States.  Today we are in the ConAgra Pot Pie Manufacturing Facility in Marshall, Missouri inspecting the plant. As my readers might recall, the CDC has published its preliminary findings on the scope of the outbreak involving ConAgra’s Banquet Pot Pies and other private label brands such as Wal-Mart’s Great Value.  The USDA's Inspection Report has yet to be released to the public.

Investigation of Outbreak of Human Infections Caused by Salmonella I 4,[5],12:i:-

Between January 1, 2007 and October 29, 2007, at least 272 isolates of Salmonella I 4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 35 states. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), Arkansas (4), California (18), Colorado (9), Connecticut (7), Delaware (5), Florida (2), Georgia (2), Idaho (11), Illinois (7), Indiana (3), Iowa (1), Kansas (4), Kentucky (9), Massachusetts (7), Maryland (7), Maine (2), Michigan (3), Minnesota (7), Missouri (18), Montana (6), Nevada (6), New York (10), North Carolina (2), Ohio (11), Oklahoma (1), Oregon (4), Pennsylvania (18), Tennessee (6), Texas (4), Utah (12), Virginia (9), Vermont (2), Washington (27), Wisconsin (24), Wyoming (3).

Interestingly, I got this email a few moments ago:
You may already be aware of this but just in case you aren’t I’ll pass this along. I received information yesterday that there has been another illness reported that is associated with product from the ConAgra plant in Marshall, MO. This is a lab-confirmed report of Salmonella is associated with consumption of a Banquet Turkey Meal. There was a previous similar complaint reported in October that was not lab-confirmed. Both previous and present complaints apparently involve the Banquet Turkey Meal with a sell by/use by date of January 2009. The product is a 9.25 oz “Turkey Meal”. I have not seen a label from this product but I am told it says turkey meal, mostly white meat with gravy, dressing, mashed potatoes and peas. The complainant is apparently located in North Carolina and purchased the product at a local supermarket.
More problems?

American Conference Institute - Food-Borne Illness Litigation

I will be one of several dozen speakers at the following conference:

Advanced Strategies for Managing and Defending Food Contamination Claims


Thursday, February 28, 2008 to Friday, February 29, 2008
Millennium Resort, Scottsdale McCormick Ranch, Scottsdale, AZ, United States

Overview

2007 was the year of the recall, with E. coli contamination increasing sharply in 2007 over the previous two years. And it’s not just beef recalls and E. coli contamination that are making the news… Peanut butter, spinach, pot pies and pizza; salmonella, listeria and other toxins… All kinds of food-borne illnesses and the ensuing litigation are on the rise, as experts point fingers at increased use of offshore food sources, a largely self-regulated industry, and other factors in an attempt to explain the sudden surge. It’s clearly a critical time for food companies, and the lawyers who advise them, to get valuable, practical information to enable you to minimize the likelihood of these situations and the ensuing litigation from occurring – and to manage the litigation appropriately when it arises.  To address these growing concerns, American Conference Institute has developed this critical conference on Preventing and Managing Food-Borne Illness Litigation. For this unique event, we’ve assembled a multi disciplinary faculty of epidemiologists, microbiologists, key regulators and top litigators in the area, and an agenda that covers all the issues that arise in litigating and settling these complex cases. Get strategic and practical insights into:

* Understanding the science behind tracing and identifying a pathogen – so you can make or refute the causal link in your case
* Getting back on track with consumers after a crisis:getting out the right message
* Using Freedom of Information Act (FOIA) requests:why they are such an effective discovery tool in food borne illness cases
* Deposing food-borne illness experts: tips and techniques
* Effect of insurance coverage issues on how you proceed in a third party action
* Analysis of where plaintiffs have been most successful in food-borne illness class actions and MDL proceedings

Another 5-year-old, this time Aubrey Anderson, who had E. coli goes home

John Green of The Hutchinson News in Sterling Kansas wrote "5-year-old who had E. coli goes home" about the homecoming of Aubrey Anderson after a long battle with E. coli O157:H7 and HUS. To date the family has not learned how Aubrey contracted the sometimes fatal infection.
“It will be weeks, and perhaps months, before the family knows how much the illness damaged her kidneys, and whether she'll face a lifetime of treatment or be in the clear, said her father, Bill Anderson….We won't know until we get at least six or seven weeks out if there's any residual scarring as a result of the E. coli," Anderson said. "If there is scarring, it may mean anywhere from a range of a kidney transplant to her maybe having to take oral medication for the rest of her life to keep her body in balance."

Another Salmonella-Tainted Pot Pie Lawsuit Filed

Standing in the New Orleans Airport yesterday afternoon, I had a nice chat with Mark Morey of the Yakima Herald about the status of the ConAgra Salmonella Peanut Butter litigation (CDC confirms 714 Illnesses) as well as the filing of yet another suit against ConAgra for manufacturing Salmonella Pot Pies (CDC confirms 272 Illnesses – 27 in Washington State).  His article appeared this morning in the Yakima Herald - Woman sues over tainted pies:
Bill Marler, a Seattle attorney who focuses on food safety cases, said Barnes' case is among 40 that he is handling related to the ConAgra outbreak, which federal health investigators say sickened about 270 people in the United States…. ConAgra said it has improved safety measures, but Marler said Barnes and other victims deserve compensation for their medical treatment…. Marler said the company has not  offered a settlement yet, although he is discussing that possibility as part of other litigation involving tainted ConAgra peanut butter.

Dole Settles more Spinach E. coli Cases

I am still in New Orleans. I must admit, I expected a bit more devastation here in the downtown area from Katrina, but things looked great  – especially in the French Quarter.  We made some slow progress in talking to ConAgra, its lawyers and insurers about the status of the Peanut Butter cases.  Hopefully, at some point ConAgra can put the interests of its customers at the front of any discussions. During one of the breaks today, I took a call from Dinesh Ramde, AP Business Writer of Milwaukee:
More than a year after their two children were severely sickened by E. coli, a southeastern Wisconsin couple has settled their federal lawsuit with four spinach companies. Details of the settlement were secret, but in court documents filed in 2006, lawyers for the family asked for more than $75,000 plus court costs.

A family lawyer said Tuesday that parents Neil and Anne Grintjes of the Milwaukee suburb of Brookfield are just glad the matter is resolved. "They're happy to put it behind them, and the companies are happy to put it behind them as well," said William Marler, an attorney at Marler Clark in Seattle. "The Grintjes are pleased at the result."

Of the 204 people sickened by the tainted greens, Marler said about 100 have brought a lawsuit. His firm is handling 83 cases and has resolved 51 within the past few months.
We have more work to do on Spinach, and other leafy greens, but then again, think about all the other food items that are causing all of us and our families so much grief - Peanut Butter, Pot Pies, Hamburger, etc.  Makes you wonder what you can or can not eat.  We have much to do to make food corporations be responsible.

American Foods Group Recalls Ground Beef Products due to E. Coli O157:H7 Contamination and Illnesses in Illinois

"We believe in caring for our customers and caring for our employees. That will not change."
                Tom Rosen, Co-Chairman of American Foods Group, LLC

Oh, Really?  I guess lightning can strike more than once in the same spot!



American Foods Group, LLC (AFG), a Green Bay, Wisconsin firm, is recalling approximately 95,927 pounds of various coarse and fine ground beef products because they are contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. The ground beef products subject to recall were produced on Oct. 10, 2007, and were distributed to retail establishments and distributors in Indiana, Kentucky, Maryland, Ohio, Tennessee, Wisconsin and Virginia. The problem was discovered through an investigation into two illnesses that was initiated by the Illinois Department of Public Health.   That is how the USDA figures out outbreaks - send the contaminated meat into the market place and see if people get sick - the American pubic, canaries in the coal mine.  I wonder if AFG did any "test and hold?"

The FSIS web site also reflects that American Foods Group (AFG) is a processing establishment, and does not slaughter. The web site also shows that the establishment is part of a conglomerate which also owns Green Bay Dressed Beef, which has more than one establishment, one of which is Est # 410 in Green Bay, which does slaughter.  Green Bay Dressed Beef had a Mad Cow scare in August 2005.

Unfortunately for AFG's customers this was not an isolated occurrence.  We have seen this all before.  In December 2000, the Minnesota Department of Health (MDH) issued a press release stating that 17 Minnesota citizens had been infected with the same strain of the E. coli O157:H7 bacteria during November 2000.  On December 4, FSIS, stated in a Class I alert that Green Bay Dressed Beef, the meat supplier doing business as AFG, was, at the suggestion of the FSIS, recalling 1.1 million pounds of contaminated ground beef.  One of the young children we represented developed Hemolytic Uremic Syndrome (HUS).

Also, In December 1998, another recall was issued for 1,000 pounds of beef manufactured by AFG and distributed to Cub Foods stores in the Chicago, Illinois area after random testing showed that meat in one of the stores was contaminated with E. coli O157:H7.  Again, in December 1999, a recall of ground beef was made after government inspectors found contamination at the AFG plant.  Yet another recall,  this time for over 500,000 pounds of ground beef manufactured by AFG, occurred in August 2001In that outbreak we represented five people.

Jennifer Smith Richards of the Columbus Dispatch weighed in on the recent AFG recall in an article “More beef might be tainted, states told.”  AFG's shocking indifference is concerning:
"It's something that, unfortunately, happens with a raw product like ground beef," said Jim Mulhern, a spokesman for American Foods Group. "It's not 100 percent preventable....  One of the problems with these recalls is American Foods Group doesn't know where it was eventually sold," Mulhern said.
One more "beef" of mine - It is an agreement between USDA and industry — USDA will not disclose the names of slaughter houses without a positive test “above the grinder” - which is why there is no mention of where the meat came from that was ground by AFG in this latest recall.  Also, on the "downside" of the grinder - on the retail side - there is also an agreement between USDA and industry to not disclose “proprietary information” - which includes where the contaminated meat was sold.  Health Departments have to sign a Memorandum of Understanding (MOU) to not disclose that information to the public in order to get the information from USDA.  Welcome to my world — ever read Kafka?  I put some of my thought on this recall out in a press release.

The following products are subject to this most recent recall: Continue Reading...

Egg Safety - Pasteurization

The FDA Today Reminds Consumers to Practice Egg Safety This Holiday Season

The U.S. Food and Drug Administration (FDA) reminds consumers to pay special attention to the handling of eggs and preparation of foods that contain eggs during this holiday season. Some holiday favorites, such as cookie dough, homemade eggnog, and some types of stuffing, may contain eggs that are raw or undercooked. Eggs sometimes contain a bacteria called Salmonella enteriditis (SE), which can cause illness if eggs are not handled and cooked properly. An FDA national survey of consumer food safety practices, the 2006 FDA/FSIS Food Safety Survey, found that cookie dough is one of the major sources of raw egg in the American diet, and that only three percent of respondents always use a food thermometer when they cook baked egg dishes such as stuffing.

However, just a few weeks ago it was announced that National Pasteurized Eggs' Sales are Up 46 Percent Over Last Year & Numbers Expected to Soar as Holiday Season Approaches.

National Pasteurized Eggs, Inc. (NPE), producers of Davidson's Safest Choice Pasteurized Shell Eggs, announced today that sales in the quarter ending Sept. 30, 2007, increased 46 percent over 2006, led by sales from hotels and resorts across the country.  By using pasteurized shell eggs, hoteliers eliminate the risk of Salmonella Enteritidis (SE) poisoning, either by serving individual eggs directly to guests or via cross contamination in the kitchen.  The Federal Drug Administration (FDA) estimates 2.3 million eggs contaminated with SE are sold each year, exposing a large number of people to risk of illness. According to the Centers for Disease Control and Prevention (CDC), each year more than 118,000 egg-related salmonella cases are confirmed, and many more go underreported or misdiagnosed. The FDA's Food Code recommends using pasteurized eggs in all dishes calling for raw or softly cooked eggs.

So, why are more eggs not pasteurized?

After 76 days in the hospital E. coli victim, Regina Lassiter is home

Steve Doyle of the Huntsville Times does a great job of giving life to how horrible an E. coli O157:H7 illness can truly be.

Weeks in hospital 'blur' after E. coli hit


I urge everyone to read the full article linked above. Some of the points that hit me hardest:
  • It began with lunch - Lassiter's rough time began innocently enough: On June 29, a Friday, she had the chicken fajita wrap combo for lunch at Little Rosie's Mexican Taqueria on Whitesburg Drive.

Food Poisoning For Bloggers

My "cyberfriend" -  the Fanatic Cook - once again covered for me and actually attended the - FDA Food Safety Teleconference For Bloggers.  I must admit I planned on listening in (and harassing a bit) but calling in three hours late did not help - that Westcoast/Eastcoast thing - I did, however, enjoy the music.  In any event, the Cook's blog once again lays out some great ideas for our government -  fresh from the kitchen:

Comments and suggestions gleaned from my readers' comments, as regards the proposed consumer web site called out in Sec 3.2 (or for the current FDA-managed FoodSafety.gov):

1.  Consider a blog format for the site. Daily updating is a plus!
2.  Incorporate an RSS feed (or other feed) for consumers to keep track of updates.
3.  Incorporate a search box where consumers can find specific information quickly, and that would not require browsing various agencies' sites.
4.  Choose a site that prioritizes timely and complete content over links.
5.  Allow for consumer feedback (comments, media uploads, e.g. audio/visual). This could assist the adverse event detection need called out in Sec 2.3
6.  Include results of recent studies that address food contamination issues.
7.  Manage links, i.e. clean up, or notify owners of dead links, e.g. http://www.epa.gov/oppfead1/cb/csb_page/ - Introduce yourself! And describe the purpose of the site.

The Food Law Professor, Donna Byrne, said that a replay of the call will be available through Nov. 21.  It can be heard by calling toll-free 866-502-6098, or toll 203-369-1859.

Pot Pies Poison Peoria People - Destroy Salmonella-Tainted Kroger, Banquet, Albertson's, Food Lion, Great Value, Hill Country Fare, Kirkwood, Meijer and Western Family Pot Pies

Frozen pot pies linked to salmonella outbreak

The Illinois Department of Public Health is again warning consumers to throw out frozen pot pies that could be linked to a multistate salmonella outbreak. ConAgra Foods voluntarily recalled all varieties of frozen pot pie products last month, produced under multiple brand names.

These frozen pot pies include all varieties in 7-oz. single-serving packages with an establishment number "P-9" or "Est. 1059" printed on the side of the package. The department continues to receive reports of those sickened by eating the recalled food during the past month. To date, Illinois has seen 15 cases of salmonella believed to be associated with eating the recalled pot pies, compared to six cases as of October 12, when the first warning was issued.


Nine people sickened AFTER the October 12, 2007 recall.  The CDC has reported that between January 1, 2007 and October 29, 2007, at least 272 isolates of Salmonella I 4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 35 states. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), Arkansas (4), California (18), Colorado (9), Connecticut (7), Delaware (5), Florida (2), Georgia (2), Idaho (11), Illinois (7), Indiana (3), Iowa (1), Kansas (4), Kentucky (9), Massachusetts (7), Maryland (7), Maine (2), Michigan (3), Minnesota (7), Missouri (18), Montana (6), Nevada (6), New York (10), North Carolina (2), Ohio (11), Oklahoma (1), Oregon (4), Pennsylvania (18), Tennessee (6), Texas (4), Utah (12), Virginia (9), Vermont (2), Washington (27), Wisconsin (24), Wyoming (3).

If since October 12, when the CDC reported 7 illness in Illinois, Illinois Department of Health has reported 8 more illnesses - double that.  Can we assume that  the CDC number of 272 reported October 12 is twice that now?  We have been retained by nearly 40 people and families sickened by these pot pies and have filed 5 lawsuits since October.

"Safer Salads - Contaminated fruits and vegetables are more common than ever. Why? And what can consumers do to protect themselves?"


A “science junkie” friend of mine emailed me a link to this months American Scientist. The article by Jorge M. Fonseca, a professor and vegetable/postharvest specialist at the University of Arizona's Yuma Agricultural Center and Sadhana Ravishankar, a research professor in the Department of Veterinary Science and Microbiology at the University of Arizona in Tuscon is a well researched and written article entitled “Safer Salads - Contaminated fruits and vegetables are more common than ever. Why? And what can consumers do to protect themselves?” I would urge folks interested in food safety generally, and fruits and vegetables in particular, to read it. As is discussed in the articles introduction:
News of E. coli-tainted produce has blared from the headlines in recent years, leading to widespread concern about the safety of consuming raw fruits and vegetables. Unfortunately, the public-health debate often neglects the science behind the outbreaks. What are the real risks involved? Some answers come from authors Jorge M. Fonseca and Sadhana Ravishankar, specialists in the field of microbiological crop-safety research. They detail the recent spate of illnesses caused by produce-borne pathogens and reveal that there's no single source of contamination that explains them all—sanitation can break down during growth, harvest, washing, storage, transport or display of fruits and vegetables. The authors conclude with a discussion of best practices from the field to the table, and they describe new research into postharvest treatments that may minimize consumer risk in the near future.
After reading the full article below go to the USDA webiste and read "An Online Cost Calculator for Estimating the Economic Cost of Illness Due to Shiga Toxin-Producing E. coli."

I recently spoke with Carl Nagin, a Berkeley-based reporter whose work has appeared in the New Yorker and on the PBS documentary series Frontline.  His article, “Is Our Food Any Safer Since the Last E. Coli Outbreak?”, among other topics, discussed the potential for consumers suing companies on behalf of themselves and their injured children, as agents of change:
Liability, along with branding and creating a positive image for produce, is not a trivial concern for big handlers and packagers like Dole and Fresh Express, which together control 90 percent of the retail market for packaged salads, according to the Produce Marketing Association. The Seattle law firm Marler Clark successfully represented victims of last fall's E. coli outbreak in lawsuits against Dole. Since 1993, the firm has won settlements and verdicts for food sickness victims totaling more than $300 million.
Continue reading the American Scientist Article:

Continue Reading...

Double B Foods Recalls Frozen Sausage Roll Products For Possible Listeria Contamination


Texas Firm Recalls Frozen Sausage Roll Products For Possible Listeria Contamination
Recall Release CLASS I RECALL
FSIS-RC-053-2007 HEALTH RISK: HIGH

Double B Foods, Inc., a Meridian, Texas, firm, is voluntarily recalling approximately 98,000 pounds of frozen sausage roll products that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today. The frozen sausage roll products were produced on various dates between Oct. 25 and Nov. 6, and were distributed to retail establishments in Texas, and institutions, catalogue sales and distribution centers in Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, New Jersey, New Mexico, New York, Oklahoma, Pennsylvania and Texas.

The following product is subject to recall:

Continue Reading...

Military urging shoppers to check for E. coli and Salmonella recalled items


Ashley Rowland of Stars and Stripes reported this evening on the ongoing failure of business and government to protect consumers, even military families, from dangerous, recalled products. She wrote from Korea that military officials are urging shoppers at Pacific bases to make sure they don’t have recalled frozen pizzas and cat vitamins in their homes. The products, recalled on November 1, include Jeno’s and Totino’s frozen meat pizzas, produced by General Mills, which were contaminated with E. coli; and Vitamin Care for Cats, produced by Hartz Mountain Corp. and contaminated with Salmonella.

Del Rey Tortilleria, Inc. Issues Recall of Flour Tortillas Due to Possible Health Risk



The FDA sent out a Press Release for Del Rey Tortilleria, Inc., of Chicago, Illinois, announcing the recall of its flour tortilla products.  Included in the recall are flour tortillas of all sizes White Flour Tortillas; Tortillas de Harina(6 inch); Burritos 2, 3, and 4; and Fajita 8" size with the name "Del Rey" on the label, and with one of these Date Codes: OCT/17/07; OCT/20/07; OCT/24/07; NOV/04/07; NOV/10/07; or NOV/11/07. The products were distributed nationwide through food distributors and grocery stores.

I posted earlier about this outbreak involving Del Rey again.

Uptick in E. coli Hamburger Illnesses and Recalls

I have been blogging, some would say flogging, about the reason for the increase, or “uptick” in E. coli cases and recalls tied to hamburger products. Just a few days ago I flogged on the “uptick,” and a few weeks ago flogged about how safe or food supply really is, or not.

Now it is good to see the media weighing in on the topic. Just today there are three articles that should be read to give my readers an idea of the extent of the problem and what might be done to solve it.  I also posted a link below to show just how stupid business and the government can truly be.

Tom Webb of the Pioneer Press:

Rising E. coli cases a danger, a mystery
'It's not something we can fully explain,' says top USDA official

For years, nearly all E. coli cases focused on contaminated hamburger, said Bill Marler, a Seattle attorney who has specialized representing plaintiffs in cases of food-borne illness since the outbreak at the Jack in the Box hamburger chain in 1993. After some massive hamburger recalls in the late 1990s and early 2000s, better controls to prevent E. coli became required in the meat industry. Then in 2003, as the problems in meat receded, E. coli began turning up in spinach, lettuce and other produce.
Matt McKinney of the Star Tribune:

Questions swirl around recent rise in E. coli cases - Meat recalls have highlighted an uptick in illnesses. Experts offer several theories why.

The headlines keep coming. Last weekend, Cargill voluntarily recalled nearly 1 million pounds of ground beef linked to possible E. coli contamination, its second recall this year. And Topps Meat Co. in September issued the second-largest recall in U.S. history -- 21.7 million pounds of ground beef -- that put the New Jersey-based meat producer out of business. Those recalls have added to an uptick in E. coli cases since 2005, after more than a decade of declines.
Marti Davis of the Knoxville News:

After huge beef recall, child's death, health officials warn parents
Does a bite of medium-rare burger sound great? Are you tempted to let your toddler pinch some pink ground beef? Don't even think about it.

Surgeons operated on critically ill John McDonald, 4, the son of Jim and Georgia McDonald, of West Knoxville. John spent almost a month in intensive care. Part of his lower bowel was removed and bypassed with a colostomy, which may be removed in December, his father said. Michaela McDonald, 18 months, spent about a week in UT's pediatric intensive care. Both children now are at home. The McDonald children's illness and that of another unrelated Knox County teenager have been tied to a massive recall of tainted frozen ground beef patties produced by Cargill Inc.
Jim McDonald, father of the two sickened children, said Cargill hasn't responded to his calls and messages. The McDonalds have sued the company for damages and medical bills. They are represented by Bill Marler, a nationally known Seattle attorney.
Ms. Davis also spoke to a former client, a good friend and last summer’s intern at Marler Clark:
Catherine Russe, a Maryville College senior, was 15 when she was sickened by a tainted hamburger served to her at a local hospital where she was being treated for bulimia and anorexia nervosa. She, too, developed HUS, spent more than two weeks in intensive care, and had multiple blood transfusions and lengthy dialysis. She wept when her college professors announced the death of Jaycee Burgin.

"Every time I hear about a child who dies or even gets sick from HUS, I cry. The pain that one experiences during this illness cannot be described, and for a child to have to go through something such as this absolutely breaks my heart," she said.
And if the above is not enough to convince everyone that our food supply has problems, you need to read Stephen Hedges’ piece in the Chicago Tribune:

Beef with E. coli slips through "loophole"
One federal inspector calls it the "E. coli loophole." Another says, "Nobody would buy it if they knew." The officials are referring to the little-discussed fact that the Department of Agriculture (USDA) has deemed it acceptable for meat companies to cook and sell meat on which E. coli, a bacteria that can sicken and even kill humans, is found during processing. The "E. coli loophole" affects millions of pounds of beef each year that test positive for the presence of E. coli O157:H7, a virulent strain of the bacteria.
The contaminated meat is not discarded, it is used, hopefully fully cooked, in products (hamburgers, burritos, pizza, etc) - many consumed by kids in the National School Lunch Program – boy, doesn’t that make sense.  Hamburger anyone?

Family of children sickened by E. coli file lawsuit against Cargill

We filed a lawsuit today in United States District Court for the District of Minnesota on behalf two Knoxville children who suffered serious illness from frozen hamburgers contaminated with the E. coli.  John McDonald, 4, and his sister, Michaela, 18 months, were hospitalized after becoming violently ill after eating grilled hamburger patties produced by Cargill.  Jim and Georgia McDonald purchased Cargill ground beef patties at Sam's Club on Sept. 17 and cooked and ate the hamburgers on Sept. 29.  As a result of the E. coli illness, John had part of his lower bowel and colon bowel surgically removed was placed on a respirator, and received several blood transfusions.  John was hospitalized for almost a month, his sister for about a week.  Both are now recovering at home.  Another East Tennessee child, 18-month-old Jaycee Burgin of Cocke County, died from E. coli related illness.

E. coli "Superbug" kills hundreds in England Each Year

The BBC reported yesterday that a “Superbug,” which kills hundreds of patients a year has been found on 32 farms in England. The discovery raises fears that the infection is spreading to the human population through meat and milk. The bug – ESBL E. coli [Extended-Spectrum Beta-Lactamases Escherichia coli] is estimated to cause 30,000 cases of blood poisoning and urinary tract infection each year. According to the report, it is known to have killed hundreds of people over the past 5 years, although some experts put the annual death toll as high as 4,000. This "Super E. coli" is thought to have developed a high degree of resistance to antibiotics through their use in intensive livestock operations. Its spread from farm to farm has mirrored the rise in the number of infections and deaths in the human population.

This is one of those news reports that makes you want to go back to bed and pull the covers over your head.  I have not seen any data to link the same bug to illnesses or death in the United States - yet.

Cargill, getting reacquainted with the Enemy


As the number of Cargill-related E. coli recalls has grown, we have pulled a few of our past E. coli battles with Cargill and its many subsidiaries. We have spent a bit of time over the years with Cargill and its lawyers.
A bit more history about Cargill - In 1995 Cargill announced the “End of E. coli” in the pages of the New York Times. Now, 12 years later it has recalled nearly 2,000,000 pounds of hamburger (that is nearly enough to give every New Yorker a quarter pounder) in October and November recalls.  Jane Genova, fellow blog addict, posted twice on what "Big Beef" needs to do to fix the problem and the PR.  This post also warranted a post by a top-shelf Florida Law Blogger - Labovick - entitled "Cargill-beef-recall-is-a-walk-down-memory-lane"

Cargill Meat Solutions is the umbrella organization of Cargill’s beef, pork and turkey businesses. A key part of Cargill Meat Solutions was Excel Corporation, which began business nearly 70 years ago and grew from a Midwestern beef company to also include pork, processed meats, case ready meats and food distribution centers. Follow the Timeline:
Continue Reading...

Salmonella Tomato Outbreak Tied to Quiznos



Investigation continues into salmonella contamination

Once again the Minnesota Department of Health shows how to do an EPI investigation - Health officials still seek the cause of a foodborne illness outbreak that briefly closed a Rochester restaurant in mid-October.  Quizno's Subs at 3499 22nd Ave. N.W. closed for one day because salmonella made 10 workers and customers sick.  "At last count we had 22 cases, only one person hospitalized and released," said Doug Schultz, spokesman for the Minnesota Department of Health. "We're still investigating the outbreak, and part of that investigation involves produce items being the likely vehicle for the contamination."  Tomatoes are suspected, but no definitive cause has been confirmed.

We have been contacted by two Rochester residents who are two of the 22 culture-positive cases.


Monroe Iowa Teen, Kayla Boner, Dies From E. coli



KCCI reported late yesterday that the Jasper County Health Department said Friday that a 14-year-old Iowa girl died after testing positive for E. coli. A spokesperson for Blank Children’s Hospital said Kayla Boner died Friday morning. She was admitted to the hospital Tuesday morning. Hospital officials said they’ve treated three patients with E. coli in the last two weeks. Polk County Health officials said they know of at least six E. coli cases in the county. Jasper County Health Department officials said they don’t believe Boner’s case is linked to any of the other cases.  That previous story - Three Children Test Positive For E coli

And, I get to watch my 15 year old girl play soccer today.

Man's death won't stop pot pie case against ConAgra



It's still unclear whether man died from tainted food
A Northwestern Michigan College student who was hospitalized after eating tainted pot pies recently died at his campus apartment. Medical personnel at a Grand Rapids hospital are conducting tests on the body of David Small, 51, after a friend and a college official found him dead inside his college apartment around 6 p.m. Tuesday. The concerned friend went to Small's apartment building at 1884 E. Front St. to check on him after he missed an Oct. 29 meeting, Traverse City Police Capt. Steve Morgan said Thursday.

"We are currently awaiting toxicology reports to see if there were any medicines or prescriptions that may have been involved here," Morgan said, adding that he expects the test results within the next couple weeks. "The initial investigation didn't show any signs of foul play or anything suspicious at all."

Small filed a lawsuit last week in circuit court against ConAgra Foods Inc. and Tom's Food Markets Inc. He said he was infected with salmonella after eating tainted pot pies in September. ConAgra recalled all of its store-brand and Banquet pot pies Oct. 11 after an investigation by the Center of Disease Control linked the pies to recent salmonella outbreaks in several states.

Authorities said Small suffered from health issues and was prescribed several medications. Small was admitted to Munson Medical Center with gastrointestinal problems Sept. 27 and was released two days later after testing positive for salmonella, the lawsuit read.

R. Drew Falkenstein, one of several attorneys of Washington-based firm Marler Clark working with outbreak victims, said Small's case will move along, despite his death.

"We obviously have to do some investigation to see if there is any relation between his death and the salmonella poisoning,' Falkenstein said. "We absolutely intend to pursue the claim. His estate still has the right to bring any claims under Michigan law that he was entitled to bring when he was alive."

New E. coli-related Hemolytic Uremic Syndrome article

Between taking E. coli-related phone calls and emails from people who consumed Totino's and Jeno's Pizzas, I had some time to read an article on possible treatment for HUS.  Abstract below:

Postdiarrheal Shiga toxin-mediated hemolytic uremic syndrome similar to septic shock.

Valles PG, Pesle S, Piovano L, Davila E, Peralta M, Principi I, Lo Giudice P. Medicina (B Aires). 2005;65(5):395-401.

The inflammatory response of host endothelial cells is included in the development of vascular damage observed in enterohemorrhagic Escherichia coli (EHEC) infection, resulting in hemolytic uremic syndrome (HUS). The response to a non-conventional treatment for a group of D+ HUS (diarrhea positive HUS) patients, with clinical hemodynamic parameters of septic shock was evaluated in this prospective study (1999-2003). Twelve children 2.8 +/- 0.6 years old, with D+ HUS produced by E. coli infection with serological evidence of Shiga toxin, presenting severe unstable hemodynamic parameters and neurological dysfunction at onset, were studied. The protocol included fresh frozen plasma infusions, methylprednisolone pulses (10mg/k/day) for three consecutive days and plasma exchange for five days, starting after admission to the intensive care unit (ICU). The twelve patients with increased pediatric risk of mortality (PRISM) score: 18 +/- 2 after admission to intensive care unit (ICU), required dialysis for 17.4 +/- 4 days, mechanical ventilator assistance for 10 +/- 1 days and early inotropic drugs support for 10.5 +/- 1 days. Neurological dysfunction included generalized tonic-clonic seizures lasting for 5.4 +/- 1 days, n:8. Focal seizures were present in the remaining patients. Dilated cardiomyopathy was present in 6 children. Eight children suffered hemorrhagic colitis. Nine patients survived. Within one year of the injury, neurological sequelae, Glasgow outcome scale (GOS) 3 and 4, were present in two patients, chronic renal failure in one patient. We suggest that early introduction of this protocol could benefit D+ HUS patients with hemodynamic instability and neurological dysfunction at onset. Further studies are likely to elucidate the mechanisms involved in this early adverse clinical presentation of D+ HUS patients.

More ConAgra Banquet Pot Pies Positive for Salmonella I 4,[5],12:i:-


Leaving ConAgra no room to deny the obvious, according to the CDC, at least 272 isolates of Salmonella I 4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 35 states. To date, three of these patients’ pot pies have yielded Salmonella I4,[5],12:i:- isolates with a genetic fingerprint indistinguishable from the outbreak pattern. I guess that is more than a “smoking gun,” but a smoking pot pie.

Most people infected with Salmonella develop diarrhea, fever, and abdominal cramps 12–72 hours after infection. Infection is usually diagnosed by culture of a stool sample. The illness usually lasts 4 – 7 days. Although most people recover without treatment, severe infections may occur. Infants, elderly persons, and people with impaired immune systems are more likely than others to develop severe illness. In severe infection, Salmonella spreads from the intestines to the bloodstream and then to other body sites, and death can occur if the person is not treated promptly with antibiotics.

To date we have been contacted by over 100 people who believe they have become ill as a result of eating ConAgra Banquet Pot Pies.  Of those thus far we have been able to confirm nearly 20 as suffering from a Salmonella I 4,[5],12:i:- infection.  Three lawsuits have been filed to date.

Topps, Cargill E. coli Recall and ConAgra Salmonella Too


Beef recalls raise concerns about food safety

Jeffrey Gold, AP Business Writer (a.k.a. “E. coli Guy”) interviewed the husband and father of two of my clients in the Topps E. coli case:
‘Food is being pushed out at such a rapid pace to keep up with demand, the product is not as safe as it could be. And we’re risking human life.’
—Keith Goodwin

Topps eventually issued a recall Sept. 25, and then expanded it Sept. 29 to include all frozen patties it had made in the past year—21.7 million pounds—the second-largest beef recall in U.S. history. Much of the meat had already been eaten, however, and illness in at least 40 people in eight states has been linked to the Topps hamburgers.  Keith Goodwin said the victims include his wife and a son, and wondered if the timing of the recall was at fault. He said they ate Topps hamburgers at a family picnic Sept. 15 in upstate New York, more than a week after authorities had evidence that Topps patties were contaminated.
“If the public had been made aware of that, a lot of these illnesses would have been avoided,” said Mr. Goodwin, of Groton, N.Y., who teaches at the town’s elementary school. He said his wife, Kristin, 34, was hospitalized for two days, while his son Lucas, 8, suffered kidney failure and was hospitalized for eight days. “The whole ordeal has been very scary,” Goodwin said.

I guess I do not speak Canadian



I’m a bit confused. Yesterday it was reported that Ranchers Beef Ltd (now out of business) was both the source of an E. coli outbreak in the United States that had sickened at least 40 tied to the consumption of Topps Meat (also out of business) AND 44 ill persons and 1 death in Canada.  See, "Topps story continues to grow more ominous."  Now the Ottawa Government releases this press statement:
The Canadian Food Inspection Agency (CFIA) is warning the public not to consume the various beef products described below because these products may be contaminated with E. coli O157:H7 bacteria. The affected products are being recalled as a result of the CFIA’s investigation and traceback conducted on contaminated beef involving Ranchers Beef Ltd. (Establishment 630), Balzac, Alberta.  There have been no reported illnesses associated with the consumption of these products.


This does seem to contradict the press release from the same government entity just the day before:
The Canadian Food Inspection Agency (CFIA) and the Public Health Agency of Canada (PHAC) are currently investigating possible linkages between E. coli cases that occurred earlier this summer in Canada. The investigation is examining 45 cases of E. coli O157:H7 that were found in New Brunswick, Quebec, Saskatchewan, Ontario and British Columbia. These cases were previously reported from July to September, 2007. As a result of these cases, eleven people were hospitalized and one elderly individual died.
However, according to the USA FSIS, there seems to be a “genetic link” to both the 40 people ill from the Topps outbreak and the 44 people ill and 1 death in Canada:
On October 25, the CFIA provided FSIS with PFGE patterns, or DNA fingerprints, from tests of beef trim from a Canadian firm, Ranchers Beef, Ltd., Canadian establishment number 630. This firm provided trim to the Topps Meat Company. While the firm, which had been located in Balzac, Alberta, ceased operations on August 15, 2007, some product remained in storage and was collected and tested by CFIA as part of the joint investigation of the Topps recall and as part of CFIA's own investigation into 45 illnesses in Canada from E. coli O157:H7.
It is hard to imagine that our USDA/FSIS might be more competent that its Canadian counterpart. 

Remember, according the New Jersey AP, Topps products revealed three different E. coli O157:H7 genetic "fingerprints," according to Kenneth Petersen, an assistant administrator at the USDA's Food Safety and Inspection Service. This means that although one of these fingerprints has been traced to Ranchers Beef, Ltd., in Canada, it will be interesting to see if we can track the other fingerprints to the source - Tyson, IBP, Cargill, others?  It will also be interesting to get legal jurisdiction over out of country corporations.

Also, recall the report from the New York Times, revealed that Topps sourced a significant amount of beef trimmings from countries like Australia, New Zealand, Canada and Uruguay – countries that FSIS has required little E. coli O157:H7 testing.  Will FSIS change this rule too soon?

So, FSIS has limited requirements that out of country producers test for E. coli.  And, we have learned during the Topps recall that Topps had cut back on its testing for E. coli.  It will be interesting to see if other meat companies have been doing the same.  Perhaps more testing at the retail (grocer store) would be helpful in tracking this ugly bug?  According to the FSIS website, “the agency still collects some samples from retail stores, but normally only when the retail store actually produces raw ground beef using trimmings from a cutting/boning operation conducted at the store.”  Perhaps it or someone should do more retail testing?

I also think we need to look at several other reasons for the spike in E. coli illnesses and recalls (in addition to testing product), such as: 1)  has the make-up of workers in slaughter plants changed in 2007?  Do we have less experienced workers?  2)  has cattle feed in 2007 changed significantly to allow greater growth of E. coli O157:H7?  3)  has global warming impacted the ecology of E. coli O157:H7?  Other ideas?

The Topps story continues to grow more ominous

I have been in Minneapolis the entire week working to resolve nearly 20 severe E. coli cases (HUS Illnesses) tied to last years Dole spinach E. coli outbreak and a few cases from this year involving E. coli contaminated meat.  Late Friday night, after nearly the full week of negotiations, we were able to resolve them all.  I also had the chance to meet with clients on the new Cargill outbreak.  However, bad news from the meat industry continues:  Jeffrey Gold from the New Jersey AP broke a disturbing story today that Topps recalled product is still on store shelves - State inspectors find recalled meat at New Jersey store

"New Jersey consumer safety officials on Thursday said its inspectors were able to buy boxes of potentially tainted frozen hamburgers at a store weeks after the meat was recalled, sparking fear that a distributor may have delivered boxes to other stores."

In another, both frightening and bizarre announcement, FSIS and CFIA also announced today that it is likely that the Topps E. coli contamination came from a Canadian company, Ranchers Beef, Ltd., after 45 Canadian illnesses were linked to its beef products months before illnesses were reported in the US.  According to a press release issued by the CFIA, the investigation is looking at 45 cases that were reported between July and September in New Brunswick, Quebec, Saskatchewan, and British Columbia. Eleven people were hospitalized and one elderly person died.

FSIS Provides Update on Topps Meat Company Recall Investigation



A joint investigation between the Canadian Food Inspection Agency (CFIA) and the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) has identified a likely source of the multistate outbreak of E. coli O157:H7 infections linked to the Topps Meat Company.

On October 25, the CFIA provided FSIS with PFGE patterns, or DNA fingerprints, from tests of beef trim from a Canadian firm, Ranchers Beef, Ltd., Canadian establishment number 630. This firm provided trim to the Topps Meat Company. While the firm, which had been located in Balzac, Alberta, ceased operations on August 15, 2007, some product remained in storage and was collected and tested by CFIA as part of the joint investigation of the Topps recall and as part of CFIA's own investigation into 45 illnesses in Canada from E. coli O157:H7.

Today, PulseNet provided verification to FSIS that this PFGE pattern matched those from patients who were ill and from positive tests conducted by the New York Department of Health on product (both intact packages and open packages from patients' homes) that was later recalled by the Topps Meat Company on September 29. PulseNet is the Centers for Disease Control and Prevention's (CDC) searchable database of all PFGE patterns from patients and food products in the United States.

So, let's get this straight - CFIA knew in July that 45 Canadians had been sickened by Ranchers Beef meat last Summer but no one traced where that product or trim may have gone.  We now know that product made it into the Topps hamburger production and that Topps product seems to still be on some store shelves.  What a mess.  Perhaps more enforcement from the FSIS?  How would that have helped with the Canadian company sending is contaminated trim over the border?  I spoke to Julie Schmidt at USA Today:

Bigger, riskier plants to get more frequent E. coli checks

The stepped-up enforcement is "pretty ambitious," says Bill Marler, the nation's leading E. coli plaintiff's attorney. But he says the USDA required many of the measures years ago and failed to adequately monitor and enforce them.

FSIS Takes Some Action

I spoke to Jeff Gold, AP writer, this afternoon during a break in mediations.  His story, just hit the wire:

Report: Topps Plant Reduced Inspections
In the months before issuing a massive recall of its frozen hamburgers, Topps Meat Co. curtailed testing of ground beef and skipped other safeguards aimed at preventing contaminated meat from reaching consumers, according to a published report Tuesday.

Meanwhile, the USDA on Tuesday announced more steps it was taking to protect the public from E. coli infections from beef. Recent outbreaks have reversed a steady decline that began in 2000.

The new effort should probably reduce E. coli contamination, said William D. Marler, a Seattle lawyer who represents victims of food-borne illness, including several who have sued Topps.

However, Marler added, "I'm still perplexed as to why, after all these years, they weren't doing this."

After the USDA/FSIS phone conference today, FSIS announced:

"FSIS Takes Aggressive Actions To Combat E. Coli O157:H7"

Key initiatives targeted to federally inspected plants that produce raw beef products include:
  • Testing and analysis of trim. Based on preliminary data from the agency's beef trim baseline and scientific literature indicating that contamination of trim is related to contamination of ground beef, FSIS began trim testing in March 2007, not waiting for final analysis of the baseline. By testing earlier in the production chain to identify contaminated beef trim intended for ground beef, FSIS prevents this source from contaminating the ground beef available to consumers. This also gives the agency more data to analyze in determining and implementing the most appropriate actions to reverse upward trends.
  • Verifying control of E. coli O157:H7. FSIS notified the beef industry that, as of November, all beef plants will be expected to verify that they are effectively controlling E. coli O157:H7 during slaughter and processing. The agency also provided the industry specific examples of minimum controls that would meet the minimum criteria for a "well-controlled" process. Identifying which establishments achieve the minimums, and which establishments do not, will provide FSIS the critical information on establishments with vulnerabilities.
  • New checklist for verifying control. FSIS inspection program personnel will review both suppliers and processors based on a new checklist, once they complete specialized training beginning the week of Oct. 29. Data from the checklists will be completed in November and will be updated quarterly to help the agency more quickly identify significant changes in plants' production controls and ensure the company takes corrective action. FSIS will analyze the checklist data and use it to adjust programs or policies as needed.
  • Testing more domestic and imported ground beef components. FSIS will begin testing materials that are used as components in raw ground beef, in addition to the beef trim already tested, which is the primary component. FSIS is also requiring countries whose beef is imported to the U.S. to conduct the same sampling or an equivalent measure.
  • More rapid recalls. FSIS now takes into account a broader, more complete range of evidence when evaluating whether to seek a recall or take regulatory action. This gives the agency a credible approach to more rapidly taking action when certain types of evidence are available. In two recent cases, FSIS acted upon epidemiological evidence that linked illness to opened, FSIS-inspected product found in consumers freezers.
  • Targeting routine testing. In January 2008, FSIS will begin routine targeted sampling for E. coli O157:H7 at slaughter and grinding facilities. Currently, all plants have an equal chance of being tested. Under this new verification testing program, FSIS will test larger volume operations more frequently than in the past. Data from the checklists will be used to determine testing frequency for establishments.
  • Ensuring safety of imported beef products. FSIS notified countries that export raw beef product to the U.S. of new policies and programs and is working with them to ensure they implement the same or equivalent measures to protect the public from E. coli O157:H7 risks.
Although the above programs are good, one wonders why USDA/FSIS had not implemented these years ago or at least six months ago when the E. coli spike happened.  The Consumer Man, Herb Weisbaum and I spoke today about the USDA taking new steps to curb E. coli contamination:

As for reaction to the USDA proposal, Seattle attorney Bill Marler, who handles the bulk of the E. coli cases in the country and who has been one of the USDA's chief critic, calls this "a positive step that could make a significant difference." But he adds, "this should have been in place a long time ago."  If the USDA's new meat safety program is going to work, Marler says there needs to be serious enforcement: "I hope USDA has the willpower and manpower to do that."

Topps E. coli Problems - Where is Wal-Mart?

I am in Minnesota this week working on resolving 10 severe HUS cases stemming from the 2006 Dole Spinach E. coli outbreak and investigating cases stemming from the PM Beef Holding and the more recent Cargill E. coli recall.  Regarding the “hamburger issue,” the New York Times this morning wrote about the E. coli issue:

Many Red Flags Preceded a Recall of Hamburger

This graphic says it all:

A couple of the best lines:
In the case of Topps, the government has determined that the company reduced its testing of ground beef and neglected other safety measures in the months before the recall.

Two years ago, after an 8-year-old girl in Albany County, N.Y., was sickened by Topps ground beef, the Agriculture Department scrutinized the Elizabeth plant and found relatively few problems
[we sued on this kid’s behalf and thought Topps got the message]. But since then, the department said, Topps cut its microbial testing on finished ground beef from once a month to three times a year, a level the department considers inadequate.

Federal investigators said they had recently learned that the company failed to require adequate testing on the raw beef it bought from its domestic suppliers, and it sometimes mixed tested and untested meat in its grinding machines.

Why would Topps risk poisoning customers by cutting back on testing and using product that was not tested at all?  Mixing product so you could not tell where the meat came from?  Where was the cost/benefit? Perhaps the pressure to fulfill orders for Wal-Mart, et al was more important than safety? Perhaps the drive by Wal-Mart for the lowest prices gave Topps no financial room to risk testing (and rejecting) contaminated meat? Testing and rejecting would have required Wal-Mart to be an understanding customer – Right!

In August 2006 I warned in my blog about the current of the increase in hamburger recalls and illnesses that became a wave in June 2007.

Clostridium Botulinum (Botulism)


Over the years we have been retained my families stricken by Botulism and we are presently prosecuting claims on behalf a Nevada couple who spent nearly a year hospitalized. Below are some helpful research and links.  Most of the public was reminded of the risks of Botulism in the recent Castleberry outbreak.

Botulism is a rare but serious paralytic illness caused by a nerve toxin that is produced by the bacterium Clostridium botulinum. Clostridium botulinum is the name of a group of bacteria commonly found in soil. It is an anaerobic, gram-positive, spore-forming rod that produces a potent neurotoxin. These rod-shaped organisms grow best in low oxygen conditions. The bacteria form spores which allow them to survive in a dormant state until exposed to conditions that can support their growth. The organism and its spores are widely distributed in nature. They occur in both cultivated and forest soils, bottom sediments of streams, lakes, and coastal waters, and in the intestinal tracts of fish and mammals, and in the gills and viscera of crabs and other shellfish. There are seven types of botulism toxin designated by the letters A through G; only types A, B, E and F cause illness in humans.
Continue Reading...

Topps E. coli Outbreak Spreads to Connecticut (2), Florida (1), Indiana (1), Maine (1), New Jersey (9), New York (13), Ohio (1), and Pennsylvania (12) - 40 sickened


Multistate Outbreak of E. coli O157 Infections Linked to Topp's Brand Ground Beef Patties

CDC reports as of 12 PM (ET) October 18, 2007, 40 cases of E. coli O157:H7 infection have been identified with PFGE patterns that match at least one of the patterns of E. coli strains found in Topp's brand frozen ground beef patties. Ill persons reside in 8 states [Connecticut (2), Florida (1), Indiana (1), Maine (1), New Jersey (9), New York (13), Ohio (1), and Pennsylvania (12)]. Twenty-nine (88%) of 33 patients with a detailed food history consumed ground beef. Seven illnesses have confirmed associations with recalled products because the strain isolated from the person was also isolated from the meat in their home. The first reported illness began on July 5, 2007, and the last began on September 24, 2007. Among thirty-two ill persons for whom hospitalization status is known, twenty (63%) were hospitalized. Two patients developed a type of kidney failure called hemolytic-uremic syndrome (HUS).  We have filed two lawsuits against Topps.  Given the number of ill persons, finding who supplied the product to Topps is becoming an important part of our investigation.

E. coli kills again - Tennessee case appears not related to Cargill meat recall. McDonald children still ill, one seriously.


Marti Davis of the Knoxville News Sentinel has continued to follow this tragic story:

Girl dies of illness related to E. coli - Toxin's source unknown; boy infected by hamburger in serious condition
Jaycee Burgin, a 20-month-old Cocke County girl, died of an E. coli-related illness [likely HUS] late Tuesday night at the University of Tennessee Medical Center. Jaycee’s father, Joe Burgin, told the Newport Plain Talk newspaper that his daughter was likely contaminated by hamburger she ate at a Newport restaurant.

Meanwhile, 4-year-old John McDonald, who contracted a similar illness, is in serious condition in UT’s pediatric intensive care unit. Surgeons removed part of the boy’s colon and lower bowel Tuesday night. John’s sister, 18-month-old Michaela, and an unrelated and unidentified teenager, all of Knox County, also became ill. Michaela was still hospitalized Wednesday, though doctors believe she may be able to go home as soon as today. The teen has recovered.

DNA testing has shown that the [E. coli] toxin infecting John, his sister and the teen came from Cargill hamburger patties. Thousands of pounds of frozen beef patties produced by Cargill and Topps food companies have been recalled from restaurants and supermarkets after serious illnesses, mostly affecting children, were reported in several states.

We have sued Cargill in Minnesota and Topps in New York, both in the past week.  We have also had several E. coli and Salmonella cases in Tennessee over the last few years.  According to the CDC, 61 E. coli deaths occur in the United States each year.

Wisconsin Lab: Con Agra Banquet Pot Pie With Salmonella - "the smoking gun"


A Banquet frozen turkey pot pie has tested positive for salmonella, according to the Wisconsin Department of Agriculture, Trade and Consumer Protection laboratory and the Wisconsin Department of Health and Family Services.  The unopened pot pie came from the freezer of an individual diagnosed with salmonella in September.  We filed our second lawsuit against ConAgra this morning.

You have to love the timing

So, yesterday I was at the CDC/USDA/FSIS/FDA sponsored meeting on whether non-E. coli O157:H7 shiga toxins should be considered an adulterant in food and had the opportunity to talk briefly with Dr. Raymond of FSIS about the status of the Topps investigation specifically, and the meat industry in general.  I do love my job.  Sometimes I am not quite sure what bloggger Jane Genova means, but I do love my job.

The below letter must have arrived at his office about the same time I sued Topps (again).  From the Ithaca, New York Paper:
“We are asking for punitive damages because had the company acted responsibly and recalled its products the day they discovered the E. coli contamination, Kristin and her son's infections could have been prevented,” said attorney William Marler, managing partner of Marler Clark. “It was poor judgment on the part of Topps, and although Topps paid for this mistake by going out of business, consumers like the Goodwins paid with their health.”
Senator Durbin below outlines quite well many of the issues in the case and ones I tend to explore inside of a courtroom with Topps and USDA officials under oath. I hope Senator Durbin, and other members of congress, follow up on these issues and other food safety challenges facing our country.

October 17, 2007

Dr. Richard Raymond
Under Secretary
Food Safety Inspection Service
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, DC 20250

Dear Dr. Raymond:

I am writing in response to the recent string of recalls of ground beef contaminated with E. coli O157:H7 bacteria. The safety of our nations food is dependent on the commitment and diligence of food manufacturers, combined with the insistent oversight of food safety inspectors. Any lapses must beswiftly addressed. We must not accept the status quo when it comes to foodborne illnesses.

It is alarming that, following several years of reductions in the number of cases of E. coli infections, we are now witnessing a sharp rise in both the number of incidents requiring a recall and the number people infected by this harmful bacteria. In 2007 alone, there have been 16 separate and independent recalls of ground beef due to E. coli, resulting in dozens of cases of significant foodborne illnesses and more than 28 million pounds of product being removed from the stream of commerce. This spike warrants additional attention.

See full text of letter below: Continue Reading...

Mr. Bill goes to Washington, again and again and again



I'm off to the "other Washington" in the morning to meet with Congressmen and Senators on food safety issues and to attend a conference on E. coli.  I know, ya'll wish you were going.  The U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS), the Food and Drug Administration's Center for Food Safety and Applied Nutrition (FDA CFSAN), and the National Centers for Disease Control and Prevention (CDC) will co-sponsor a public meeting on October 17, 2007. The purpose of the meeting is to consider the public health significance of non-Escherichia coli (E. coli) O157:H7 Shiga toxin-producing E. coli.

DATES: The public meeting will be held on Wednesday, October 17, 2007, 8:30 a.m. to 3:30 p.m.

ADDRESS: The meeting will be held at the Arlington campus of George Mason University, 3401 N. Fairfax Drive, Room 244, Arlington, VA 22201.

hmmm, do you think that I have sued, Topps, Nebraska Beef and Cargill in the last week will come up?  See, Lawsuits Filed Against Nebraska Beef and Cargill Today.  My friends at Barfblog (yes, there really is such a blog) were on top (no pun intended re: Topps) of non-O157 outbreaks.  Here is a listing that they put together:

Interestingly, they did miss adding in the fact that the Dole 2006 spinach outbreak included ill persons, and at least one who died, of non-O157 Shiga toxin-producing E. coli.  Perhaps at todays meeting the government will actually announce that.

First Lawsuit Filed over ConAgra Pot Pie Salmonella Outbreak

Amy and Joshua Reinert took their daughter Isabelle to the emergency room in August when she had a seizure and lost consciousness. Reinert said her daughter continued to have diarrhea for nearly six weeks. It’s the first federal lawsuit stemming this week’s announcement to pull ConAgra’s Banquet and generic pot pies from the shelves due to a potential salmonella contamination.  Remember this outbreak began in January of 2007.  Also, notice that there are no ill people in Nebraska, home state of ConAgra.  What gives?

Salmonella count increases to 174 in 32 states


Between January 1, 2007 and October 12, 2007, at least 174 isolates of Salmonella I 4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 32 states. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1), Arkansas (3), California (6), Connecticut (3), Delaware (5), Georgia (2), Idaho (7), Illinois (5), Indiana (3), Kansas (2), Kentucky (8), Massachusetts (6), Maryland (5), Maine (1), Michigan (3), Minnesota (6), Missouri (13), Montana (4), Nevada (6), New York (8), Ohio (8), Oklahoma (1), Oregon (3), Pennsylvania (14), Tennessee (5), Texas (4), Utah (2), Virginia (6), Vermont (2), Washington (8), Wisconsin (21), Wyoming (3). Their ages range from <1 to 87 years with a median age of 20 years; 52% of ill persons are female. At least 33 people have been hospitalized.

When is a recall not a recall?  When it is not a recall. 


Although the lawsuit is filed and we can begin to determine how this could have happened, how the recall was handled is also still at issue. 

Kirsti Marohn, of the St. Cloud Times:  ConAgra Foods recalls all pot pies
A recall on frozen pot pies was expanded Friday to include all varieties produced by ConAgra Foods. Health officials are warning consumers to check their freezers for the products that could be contaminated with salmonella. While an earlier advisory focused on certain types of Banquet brand pot pies, the new voluntary recall includes Albertson's, Food Lion, Great Value, Hill Country Fare, Kirkwood, Kroger, Meijer and Western Family branded products. Consumers who purchased the products days or weeks ago might still have some in their freezer. And whether they hear of the recall before they unknowingly eat them largely depends on a notification system that one attorney says isn't always effective.

Bill Marler, a Seattle-based lawyer who is representing Amy and Joshua Reinert of Sauk Rapids in their lawsuit against ConAgra, says the company should have recalled the products sooner. And he said some stores didn't remove the pot pies from their shelves right away.

"The store has a better reason to know that there's a possibility of a problem with a product than a consumer does," Marler said. "They're really in a better position to protect their customers than the customers themselves."

Josh Funk, Omaha Associated Press Writer - Critics: ConAgra Mishandled Pot Pie Recall
ConAgra Foods Inc. shouldn't have waited two days to recall its Banquet and generic pot pies after they were linked to nationwide salmonella outbreak.

Food poisoning lawyer Bill Marler said those mixed messages, and the lack of a recall for two days, may have helped make it possible for the pot pies to linger on store shelves "Without a recall, the stuff was still on the shelves and being sold," Marler said.

If anyone bought ConAgra's pot pies this week after the company knew about the link to the salmonella outbreak, Marler said the company could face punitive damages in a lawsuit because the product wasn't immediately recalled. Marler, of Seattle-based law firm Marler Clark, handles many food-borne illness cases, and his firm has already filed one against ConAgra because of the pot pie outbreak.


Andy Martin of the New York Times wrote a great story today entitled: Did Your Microwave Nuke the Bacteria? He interviewed the mother of my client.

Cargill E. coli Hamburger's move into Tennessee

WATE Channel 6 Knoxville Reports:

3 cases of children's E. coli infections under investigation in Knoxville

Three cases of E. coli infections in children are under investigation in the Knoxville area, according to the Knox County Department of Health. At least two of the children are still being treated at East Tennessee Children's Hospital. And two of the children are from the same family.

Health officials are interviewing the children and their families, trying to retrace how they may have come into contact with the bacteria. Investigators are also checking stores to determine whether recalled foods have been removed from their shelves. A report in the Knoxville News Sentinel says the family of the related children believes they were infected by eating Cargill-brand hamburger patties. However, the health department has not confirmed this as the cause. Officials also haven't confirmed that the causes of the infections are connected. State health investigators will run DNA from the infected children through a databank containing DNA from infected food products to see if they match. The results should be available early next week.

ConAgra Foods Recalls All Banquet Pot Pies and Store Brand Pot Pies

ConAgra recalls all frozen pot pies
All ConAgra's pot pies are made at the Marshall plant, which began producing microwavable frozen pot pies in 2005.  "We're recalling all of them, all ever made at that plant," said Childs.
From a ConAgra Press Release:

OMAHA, Neb.--(BUSINESS WIRE)--Oct. 11, 2007--ConAgra Foods announced today that it is continuing its efforts to ensure consumer safety by voluntarily recalling all varieties of Banquet brand frozen pot pies and all varieties of store brand frozen pot pies sold under the names of Albertson's, Hill Country Fare, Food Lion, Great Value, Kirkwood, Kroger, Meijer and Western Family. The recall includes all Banquet pot pie varieties, including poultry and beef. The store brand not-ready-to-eat pot pie products include all varieties under the following brand names:
Albertson's (sold at Albertson's);
Hill Country Fare (sold at HEB);
Food Lion (sold at Food Lion);
Great Value (sold at Wal-Mart);
Kirkwood (sold at Aldi);
Kroger (sold at Kroger);
Meijer (sold at Meijer);
Western Family (now discontinued; previously sold at a variety of small retailers).
No one is more pleased that I am that ConAgra did the right thing (perhaps a bit slowly) and put public health before company profits. I started blogging about the potential problem on Monday and pleaded with ConAgra to institute a recall on Tuesday and Wednesday. We sued them today.  I am sure that the blogs and the suit had no relationship to the recall?  Perhaps other reasons included www.barfblogs.com cooking show "Cooking a frozen pot pie in a microwave" or the Oregonians article in Wednesday paper "ConAgra refuses to recall potpies".  And, the FSIS and CDC weigh in:

Missouri Firm Recalls Frozen Pot Pie Products For Possible Salmonella Contamination
Recall Release     CLASS I RECALL
FSIS-RC-044-2007     HEALTH RISK: HIGH

WASHINGTON, Oct. 11, 2007 - ConAgra Foods, a Marshall, Mo., firm, is voluntarily recalling an undetermined amount of all varieties of frozen pot pie products in commerce that may be linked to an outbreak of salmonellosis, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.  These frozen pot pies include all varieties in 7 oz. single serving packages bearing an establishment number "P-9" or "Est. 1059" printed on the side of the package.

Salmonella victims increase to 165 in 31 states




ATLANTA, Oct. 11, 2007 - Between January 1, 2007 and October 11, 2007, at least 165 isolates of Salmonella I 4,[5],12:i:- [this strain needs a name - "Salmonella ConAgra" or "Salmonella Marler"] with an indistinguishable genetic fingerprint have been collected from ill persons in 31 states. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1), California (6), Connecticut (3), Delaware (5), Georgia (2), Idaho (6), Illinois (5), Indiana (3), Kansas (2), Kentucky (8), Massachusetts (5), Maryland (5), Maine (1), Michigan (3), Minnesota (6), Missouri (13), Montana (4), Nevada (6), New York (8), Ohio (8), Oklahoma (1), Oregon (2), Pennsylvania (13), Tennessee (5), Texas (4), Utah (2), Virginia (6), Vermont (2), Washington (8), Wisconsin (20), Wyoming (2).

Salmonella Lawsuit against ConAgra Salmonella Pot Pie

The Portland Oregonian reported:

Minnesota couple first to sue ConAgra over tainted potpies
Attorneys filed the first lawsuit this morning against ConAgra Foods Inc. over potpies tied to a multistate salmonella outbreak. The suit was filed in federal court in Minnesota by attorneys representing a couple whose 22-month-old daughter suffered a seizure, fever and severe diarrhea in August. State health officials in Minnesota later matched the type of salmonella that infected Isabelle Reinert with others who had fallen ill after eating Banquet-brand potpies.

Bill Marler, a Seattle attorney representing the Reinert family, said a recall is necessary. Marler also sued ConAgra earlier this year following a nationwide recall of the company's Peter Pan and Great Value peanut butter, also tied to a salmonella outbreak. "I don't quite understand what ConAgra's doing," Marler said. "They may never recall the stuff officially, but it's just going to come back to them as consumers hear of problems."
David Unze of the Saint Cloud Times and I spoke this morning:

Sauk Rapids family sues over salmonella poisoning
A Sauk Rapids family has sued ConAgra Foods after their daughter contracted salmonella poisoning from a Banquet-brand pot pie. Amy and Joshua Reinert’s 19-month-old daughter, Isabelle, was seriously ill this summer and required outpatient treatment that included two eight-hour days of receiving antibiotics and fluids through an IV drip. The Minnesota Department of Health confirmed through genetic testing that the salmonella that Isabelle contracted had the same genetic fingerprint associated with the pot pie outbreak, said Bill Marler, a Seattle-based attorney representing the Reinert family.

Marler called ConAgra’s efforts the worst management of a food-related illness he has seen in his years of litigating such cases, and said the company should have recalled the pot pies.  He’s more concerned now with making sure the word gets out to consumers about the dangers and that stores pull the pot pies before more are sold to people who don’t know about the salmonella outbreak.  “That stuff is still on the shelf being sold in grocery stores around the country and people are buying it,” Marler said. “Talk about criminal. That almost borders on criminal behavior.”

Minnesota Couple Sues ConAgra Over Salmonella Pot Pies


CNN Money Posted the AP story by Josh Funk from Omaha:
A Minnesota couple sued ConAgra Foods Inc. (CAG) Thursday for selling the pot pies they believe made their young daughter ill with salmonella. The federal lawsuit Amy and Joshua Reinert filed is the first one related to this week's announcement that ConAgra's banquet and generic pot pies had been linked to a salmonella outbreak.

The company and federal officials warned customers not to eat the pot pies and to throw them away, and ConAgra is offering refunds. A company spokeswoman did not immediately respond to a message Thursday seeking comment about the lawsuit.

Amy Reinert said her daughter Isabelle continued to have diarrhea for nearly six weeks after she initially became ill in August at the age of 19 months. An ambulance took the youngest of the Reinerts' three children to the emergency room on Aug. 18 after she had a seizure and lost consciousness. "That was the worst thing I've ever experienced as a parent," Amy Reinert said. "It was horrible." A few days later, doctors told the Reinerts that Isabelle had salmonella, but it wasn't until this week - after countless interviews with health officials - that the family learned what caused the illness. Isabelle's salmonella matched the strain of the illness that health officials have linked to at least 152 cases of salmonella in 31 states. The federal Centers for Disease Control and Prevention said at least 20 people have been hospitalized as part of the ongoing outbreak, but so far no deaths have been linked to the pot pies.

The lawyer who is handling the Reinerts' lawsuit, Bill Marler, has criticized ConAgra's decision not to immediately recall the product. Marler, of Seattle- based law firm Marler Clark, handles many food-borne illness cases.

Con Agra - Recall the Damn Salmonella Pot Pies

Email I received this morning - says it all:
I had no idea that Banquet had any association to the
company w/ the peanut butter recall.
I actually went to Wal-Mart yesterday to buy more pot pies. (There
were non in the frezzer, and no sign to inform of the recall, I
actually had more at my home and my daughters apartment at school) We
have been getting sick on and off for weeks and had no idea it was
from our food. My doctor put me on antibiotics today, when I
explained that I still was having problems. My 19 year old ate one for
supper last night (before, my mother called and told me of the recall
[she knows I buy several weekly and send them for lunch for my younger
daughter]) Needless to say she was sick all night and today! The
compamy down played the situation so the News barely mentioned it. I
called their hotline, and they say "there is no problem if you
properly cook the product" this is to put the blame back on the
consumer! When I talked to a rep, again down played, but yes my
products were included in the recall and someone would be calling me.
(I can get rid of the 2 pies that are left...wouldn't that be getting
rid of my proof. They also make a comment about Dr. documentation,
hmmm does this sound like they know they are at fault?

I am very upset with this situation, but I am more upset with our
Government not taking action right away and letting more comsumers get
sick. (and sometimes die!)
I was also upset with the differant information I've been given, from
Doctors (and the confusion) I had no idea someone could catch if from
us either! I am furious and Nauseas

ConAgra linked to 152 Salmonella I,4,[5],12:i:- illnesses in 31 states and still it refuses to recall its Salmonella Pot Pies

CDC confirms Salmonella Pot Pie outbreak has been ongoing since January 2007 - a month before the Salmonella outbreak tied to ConAgra peanut butter was announced in February 2007.



Investigation of Outbreak of Human Infections Caused by Salmonella I,4,[5],12:i:-


CDC is collaborating with public health officials in multiple states across the United States and with the U.S. Department of Agriculture Food Safety Inspection Service to investigate an ongoing multi-state outbreak of Salmonella I,4,[5],12:i:- (pronounced “four five twelve eye minus”) infections in humans. An investigation that used interviews comparing foods eaten by ill and well persons is showing that eating Banquet brand pot pies produced by the ConAgra Foods company is the likely source of the illness.

Between January 1, 2007 and October 9, 2007, at least 152 isolates of Salmonella I,4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 31 states. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1), California (6), Connecticut (3), Delaware (5), Georgia (2), Idaho (6), Illinois (3), Indiana (3), Kansas (2), Kentucky (8), Massachusetts (5), Maryland (5), Maine (1), Michigan (3), Minnesota (6), Missouri (11), Montana (4), Nevada (6), New York (6), Ohio (8), Oklahoma (1), Oregon (2), Pennsylvania (13), Tennessee (5), Texas (4), Utah (2), Virginia (6), Vermont (2), Washington (2), Wisconsin (19), Wyoming (2). Their ages range from <1 to 87 years with a median age of 20 years; 49% of ill persons are female. At least 20 people have been hospitalized. No deaths have been reported.

So, why recall peanut butter, but not pot pies?

ConAgra's Business Strategy - buy one, throw it away and buy something else - peanut butter perhaps?


What a great way to make money. Produce a contaminated product, do not remove it from store shelves, but urge consumers to throw it away. So consumers buy it, throw it away, and they are still hungry - Brilliant.

Despite warnings, ConAgra’s Salmonella Pot Pies are still on store shelves – And, why no recall?  ConAgra's response is this:
On October 9 ConAgra Foods announced that Banquet brand frozen chicken or turkey pot pie products or generic store brand not-ready-to-eat pot pie products bearing the number "P-9" printed on the side of the package were contaminated with Salmonella. The generic store brand not-ready-to-eat pot pie products bearing the number “P-9” printed on the side of the package are sold under the generic store brand names as shown below:

* Hill Country Fare (sold at HEB);
* Food Lion (sold at Food Lion);
* Great Value (sold at Wal-Mart);
* Kirkwood (sold at Aldi);
* Kroger (sold at Kroger); and,
* Meijer (sold at Meijer).

ConAgra suggested that consumers might return these products to ConAgra Foods for a refund. If consumers prefer, they may return the product to the store from which it was purchased for a refund; consumers should discard the product prior to returning the entire package to their retail store.

It is also great to see our government weigh in to advise us not to eat ConAgra Salmonella Pot Pies – And, why no recall?

FSIS Issues Public Health Alert For Frozen Chicken and Turkey Pot Pies
FSIS is advising consumers to discard and not to eat these chicken or turkey pot pie products until we are able to determine the source, products and potential production dates of contamination and to verify proper cooking instructions for these not-ready-to-eat products.
Well at least the State Health Departments of Health care about the public. And, again, why no recall?

Salmonella cases traced to Banquet brand pot pies - Consumers urged to discard product

Consumers who have Banquet or other brands of pot pies with a code beginning with 5009 in their freezer should not eat them. The product should be thrown away or can be held but not consumed until the investigation is completed and additional recommendations on its safety are available.
Josh Funk, AP reporter in Omaha broke the following story this evening:

ConAgra defends its pot pies and decision not to recall them
A day after warning consumers about the link between pot pies and a salmonella outbreak, officials from ConAgra Foods Inc. and USDA defended the decision not to recall the product. But two East Coast grocery chains announced plans Wednesday to pull the Banquet and generic pot pies from store shelves, and a prominent food poisoning lawyer criticized the decision not to recall the pies.

ConAgra spokeswoman Stephanie Childs said the Omaha-based company decided with USDA officials that a consumer alert would more appropriate than a recall, and consumer interests would still be protected. "From the consumer perspective, there's not much difference," Childs said.
But unlike with a recall, the pot pies remain available in many stores.
And the most important part:

But Bill Marler, of Seattle-based law firm Marler Clark, said recalling the product would have been the right course of action. "Frankly, given the numbers of ill persons ... the responsible thing for ConAgra to do is to recall all implicated product," said Marler, whose firm handles many food-borne illness cases. "Chicken and turkey pot pies should not be contaminated with salmonella."

Cargill's E. coli Frozen Patties Attack South - North Carolina


Like Sherman’s march through the South in the Civil War, Cargill’s E. coli contaminated frozen meat patties have headed South as well. The News Observer reports that a 10-year-old in Durham County and a 14-year-old in Orange County were infected with E. coli that authorities believe came from ground beef patties that were recalled last week. Cargill Inc. last week recalled more than 840,000 pounds of ground beef patties distributed at Sam's Club stores nationwide after four Minnesota children developed E. coli illness. State officials said stool samples from the Durham and Orange children had the same DNA fingerprint as that in the contaminated beef.

You have to love the internet

Emails and phone calls are coming in about Salmonella Pot Pies.  Most people simply want to know what they should do - ConAgra says cook it or return it to the store, USDA says do not eat it, but keep it and Health Departments say to throw it away - what is a consumer to do?  Here is an email that I thought I would share to give a little insight into ConAgra's operation:

I am a food safety microbiologist with more than 35 years of
experience. I follow your food poisoning blog closely, and am usually
in agreement with your philosophy. I also respect your attention to
accuracy in your scientific comments - something sorely lacking in
many places on the Internet.

I have been following the ConAgra/Banquet situation, and was
nonplussed at the Company's comment that any problems were due to its
customers undercooking the pot pies. This did not make any sense to
me, so I did a bit of digging on-line and came up with the following
1994 article from Prepared Foods magazine. Please note, especially,
the final paragraphs on the first page of this link.

See Article at Find Articles

Unless the Company has drastically changed its production procedure
since 1994, the pot pie fillings are PRECOOKED. Only the crust is
raw. In 1994, ConAgra was cooking the fillings to 205ºF (96ºC) and
then cooling to 60-70ºF (15.5º-21ºC) before filling the pie shells.
The Company's claim that the filling must be cooked by the customer
in order to be consumed safely is nonsense.

I thought that I would forward this article to you in the hope that
you would find it useful.

Keep up the good work.

Come on ConAgra, recall this product before someone really gets hurt.

Three Marquette Students from Wisconsin Get Sick From Cargill E. coli Hamburgers


Four of the eight people who have gotten sick with E. coli infections are from Wisconsin, and three of those are students at Marquette University. According to WTMJ News Radio, one person ended up hospitalized, two others were also diagnosed with E. coli bacterial infections.

Con Agra Banquet Salmonella Pot Pies sicken 139 people in 30 states - now that is market share

Investigation of Outbreak of Human Infections Caused by Salmonella I,4,[5],12:i

CDC is collaborating with public health officials in multiple states across the United States and with the U.S. Department of Agriculture Food Safety and Inspection Service to investigate an ongoing multi-state outbreak of Salmonella I,4,[5],12:i:- (pronounced “four five twelve eye minus”) infections in humans. An investigation that used interviews comparing foods eaten by ill and well persons is showing that eating Banquet brand pot pies produced by the ConAgra Foods company is the likely source of the illness.

Between January 1, 2007 and October 9, 2007, at least 139 isolates of Salmonella I,4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 30 states. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), California (5), Connecticut (3), Delaware (5), Georgia (2), Idaho (2), Illinois (3), Indiana (3), Kansas (2), Kentucky (7), Massachusetts (5), Maryland (5), Maine (1), Minnesota (5), Missouri (11), Montana (4), Nevada (6), New York (6), Ohio (6), Oklahoma (1), Oregon (2), Pennsylvania (13), Tennessee (5), Texas (4), Utah (2), Virginia (6), Vermont (2), Washington (1), Wisconsin (19), Wyoming (2). Their ages range from <1 to 87 years with a median age of 20 years; 49% of ill persons are female. At least 20 people have been hospitalized. No deaths have been reported.

Salmonella enterica subsp. enterica serovar 4,[5],12:i:-

Salmonella serotype I 4,[5],12:i:- was first identified in the U.S. in 1998 and became the 14th most common serotype recovered from human illness in 2002. In 1998, this was the 4th most commonly identified serotype in Spain. Pulsed field gel electrophoresis (PFGE) patterns for most I 4,[5],12:i:- isolates suggests evolutionary links with S. Typhimurium. Analysis of this related genovar of increasing health importance can help uncover evolutionary aspects of the S. Typhimurium complex, the most common Salmonella pathogen.

New E. Coli Illness In Wisconsin Identical To Strain In Cargill Recall in Minnesota



Five cases of E. coli-related illness are being investigated in Wisconsin and one has been confirmed as identical to the strain that sickened consumers in Minnesota, launching Cargill Meat Solutions' ground beef recall over the weekend. ??Three of the cases were reported in Milwaukee County and two in southeastern Wisconsin, Milwaukee Health Commission Communications Manager Raquel Filmanowicz told Meatingplace.com. The confirmed case was in Milwaukee County. ??"We were made aware of these cases through our communicable diseases area and started making the connections, " Filmanowicz said, adding that test results are expected in the next day or so on the four unconfirmed cases.

Con Agra, Recall your Salmonella Pot Pies

This is silly - hundreds of people sickened in 35 States and Con Agra issues no recall, FSIS tells us to not eat them, but don't throw them away either, Health Departments tell us to throw them away  - and you still can buy them 2 for a $1.00 in Kansas:

Photo Credit -- Amy Hubbell
And I made honorable mention on the BARFBLOG and SLAW, a blog.

ConAgra Contacted About Salmonella Pot Pies



By Josh Funk, Omaha AP Business Writer, posted on Yahoo News a few moments ago:

Health Officials Call ConAgra About Possible Pot Pie Problems
Several state health departments have told ConAgra Foods Inc. its Banquet pot pies may be linked to cases of salmonella, but the company said the pies are safe if they're cooked properly.  ConAgra spokeswoman Stephanie Childs said Tuesday she didn't know how many health departments had contacted the company, which is working with officials to determine whether any additional precautions are necessary. No recall is being planned, she said.  Dave Daigle with the federal Centers for Disease Control and Prevention confirmed Tuesday that the agency is tracking a large salmonella outbreak with cases in several states.  More details of the salmonella outbreak, including the number of cases reported and states involved, were expected to be released later Tuesday.  Salmonella sickens about 40,000 people a year in the U.S. and kills about 600. It can cause diarrhea, fever, dehydration, abdominal pain and vomiting. Most cases of salmonella poisoning are caused by undercooked eggs and chicken.  Childs said ConAgra is confident in the safety of its chicken and turkey pot pies when all the cooking instructions on the package are followed, especially when the pies are cooked in a microwave.  "Consumers should always read the directions to make sure they are cooking the product properly," Childs said.  Pot pies need to be cooked longer in microwaves that have less power, Childs said. A good sign that the pot pie is done is when steam rises out of it.  Childs said the cooking will kill any common pathogens routinely found in uncooked products that contain poultry.


So, no recall, REALLY?

Multistate Outbreak of E. coli O157 Infections Linked to Topp's Brand Ground Beef Patties



Several state health departments, CDC, and the United States Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) are investigating a multi-state outbreak of Escherichia coli O157:H7 infections. On September 29, USDA issued a notice about a recall of 21.7 millions pounds of frozen ground beef patties.

Health officials in several states who were investigating reports of E. coli O157 illnesses found that many ill persons had consumed the same brand of frozen ground beef patties. Ground beef patties recovered from patients' home were tested by state public health department and federal laboratories. Tests conducted by the New York State Wadsworth Center Laboratory and by a USDA-FSIS laboratory on opened and unopened packages of Topp's brand frozen ground beef patties yielded E. coli O157 isolates with several different “DNA fingerprint” patterns.

Investigators compared the “DNA fingerprints” patterns of E. coli O157 strains found in ground beef with “DNA fingerprints” patterns of E. coli O157 strains isolated from ill persons. As of 12 PM (ET) October 2, 2007, 28 cases of E. coli O157:H7 infection have been identified with PFGE patterns that match at least one of the patterns of E. coli strains found in Topp's brand frozen ground beef patties. Ill persons reside in 8 states [Connecticut (2), Florida (1), Indiana (1), Maine (1), New Jersey (6), New York (8), Ohio (1), and Pennsylvania (8)]. Seventeen (94%) of 18 patients with a detailed food history consumed ground beef. Three illnesses have confirmed associations with recalled products because the strain isolated from the person was also isolated from the meat in their home. The first reported illness began on July 5, 2007, and the last began on September11, 2007. Among fifteen ill persons for whom hospitalization status is known, ten (67%) patients were hospitalized. One patient developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths have been reported. Twelve (43%) patients are female. The ages of patients range from 3 to 77 years; 33% are between 15 and 24 years old (only 14% of the US population is in this age group).

Consumers who have frozen ground beef patties should determine whether they have the recalled product and discard it or return it to the place of purchase. Each recalled package bears the establishment number “Est. 9748” inside the USDA mark of inspection and has a sell-by date between “SEP 25 07” and “SEP 25 08.” More information on the recalled products can be found at
USDA/FSIS.

We have been retained by a dozen individuals sicked in the latest recall.  Please see below posts on status of lawsuits and prior recalls.  Also, here are a few interesting documents from the last time Topps had an E. coli problem - FSIS Report 1 and FSIS Report 2.

The news does not get better for Topps


Staten Island Advance reported this morning:

Parents: Tainted hamburger sickened our daughter
A 12-year-old Great Kills girl has been hospitalized on Staten Island for E. coli poisoning and her parents are convinced she became sick after eating a helping of recalled hamburger meat. Brianna DiMartini, 12, is in the pediatric intensive care unit of Staten Island University Hospital, Ocean Breeze, more than a week after she had a hamburger made from Topps Meat Co. chopped meat, her parents told the Advance yesterday. Frank DiMartini, Brianna's father, said the family bought a package of meat -- part of the batch that was recalled -- from the Waldbaum's on Amboy Road in Eltingville.
Strangely, my first HUS, E. coli client’s name was Brianne Kiner. Her case eventually settled for $15,600,000 in 1993. 

Cathleen F. Crowley of the Albany Times Union wrote this afternoon about the lawsuit we filed:



Watervliet family sues over tainted meat

The family of a Watervliet girl who became sick after eating a Topps hamburger filed a lawsuit today in Albany County Court. The suit holds Topps Meat Company liable for the E. coli infection the girl suffered and seeks unspecified damages. Topps Meat Co. has been identified as the manufacturer of frozen meet patties that infected at least 25 people nationally, and several in New York. The 8-year-old Watervliet girl was hospitalized for several days starting on Aug. 22, but is expected to recover fully.


Firm Recalls Meat, Faces Suit

Topps Meat Co. last week instituted a voluntarily recall of about 331,582 pounds of frozen ground beef products because they may be contaminated with E. coli, according to the U.S. Department of Agriculture’s Food Safety and Inspection Service.  E. coli is a potentially deadly bacterium that can cause bloody diarrhea and dehydration. The ground beef was distributed to food service institutions in the New York metropolitan area and retail establishments nationwide. The USDA says an investigation into a cluster of illnesses in the Northeast led to a positive product sample in New York. News of the potential contamination sparked at least one law firm, Marler Clark L.L.P., P.S. in Seattle, to file a lawsuit against Topps in a New York court.  The firm says residents of New Jersey, Connecticut, Indiana, Ohio and Pennsylvania were reportedly affected by the E. coli outbreak.
Marler Clark E. coli Attorneys File Lawsuit Against Topps

A lawsuit was filed today against Topps Meat Company, the meat producer whose ground beef products have been identified as the source of an E. coli O157:H7 outbreak, and who expanded a ground beef recall to include 21.7 million pounds of meat over the weekend. The lawsuit was filed on behalf of Albany County, New York, residents Robert and Catherine McDonald and their young daughter, who became ill with an E. coli O157:H7 infection and was hospitalized after eating a hamburger made of Topps Meats ground beef on August 17th. The McDonald family is represented by the Seattle law firm, Marler Clark, and the upstate New York law firm Underberg & Kessler.

According to the lawsuit, the McDonalds' daughter fell ill with symptoms of an E. coli infection, including nausea, diarrhea, stomach cramps, fever, chills, and muscle aches on August 20. On August 22, she was admitted to the hospital, where she provided a stool specimen that later returned positive for E. coli O157:H7. She was released from the hospital on August 24, and continues her recovery at home.

"We saw massive recalls and countless illnesses and deaths due to E. coli-contaminated ground beef in the 1990s," said William Marler, attorney for the McDonald family. "Between 1993 and 2002, my clients were awarded $250 million in verdicts and settlements from the meat and restaurant industries. But in 2002, meat producers cleaned up their act. I touted the meat industry as a model for what an industry could do that was right to protect consumers."

"Aside from sporadic cases, outbreaks traced back to meat products have been largely absent in the last five years," Marler continued, noting that together with Underberg & Kessler Marler Clark represented another young Albany County child in a lawsuit against Topps two years ago. "2007 has been an anomaly in the meat industry, but now that outbreaks are happening, the industry needs to once again step up to the plate and compensate consumers for their injuries."
More from USA Today - well, Tuesday:
Meat recalls point to possibility E. coli threat is growing

Huffman (American Meat Institute) cautions the rise could simply be a "random event." But Bill Marler, the nation's leading E. coli plaintiff's attorney, says, "Something has changed, and it has not changed for the better."
Continue Reading...

My wife's car gets noticed by the WSJ, again


Peter Lattman - who blogs more than I do is at it again:

E. coli Outbreak Inspires Vanity-Plate Naming Contest

The nation’s meat supply is “the safest in the world,” a U.S. agriculture official said today, seeking to reassure consumers following the recall of 21.7 million pounds of ground beef by Topps Meat that may be contaminated with E. coli.

“I think the American meat supply is the safest in the world,” Dr. Raymond said in an interview. “A recall like this does show that we are on the job, we are doing our inspections, our investigation, and we respond when we find problems to make sure that supply is safe.”

The Law Blog checked in with foodborne-illness lawyer Bill Marler, of Marler Clark, the Seattle firm that has established a niche as the go-to place for victims of food-borne illnesses. We first got to know Marler during last year’s tainted-spinach crisis. He says he is working with ten individuals allegedly sickened by Topps meat, and is closely following the case on his blog. He also vehemently disagrees with Raymond.

“21,000,000 pounds of hamburger meat is recalled – that is 84,000,000 quarter-pound hamburgers – and Dr. Richard Raymond of the USDA says our meat supply ‘is the safest in the world?’” he said. “One would think that with hundreds of Americans poisoned that Dr. Raymond would not being the ‘cheerleader in chief’ for the beef industry but would be asking one simple question – ‘What is going on?’”

Law Blog Contest of the Day: We can’t get over the vanity plate on Marler’s wife’s car (see picture above). So we want to have our second installment of the Law Blog Vanity-Plate naming contest. An “ECOLI” license plate for a foodborne-illness lawyer sets a pretty high bar, but we’re confident that our readers will deliver. Please tell us your favorite (or least favorite) lawyer vanity plates, real or imagined.
While this is the first recall in Topps' 65-year history, it is not the first time the company has had problems with E. coli O157:H7. In 2005, a 9-year-old girl in Glenmont, N.Y., went into kidney failure after being infected with bacteria linked to a Topps beef patty.  Attached is the USDA Report from 2005.

Topps recalls 21,700,00 pounds of hamburger and we then recall 65 pounds?

Impero Food and Meats, Inc. is voluntarily recalling about 65 pounds of ground beef products because it may be contaminated with E. coli bacteria. The company's president said the meat was distributed to five pizza restaurants in the Maryland area. The company also says the E. coli was found through routine sampling.

Impero Food & Meat Importing
204 Eaton St
Baltimore, MD 21224

Bill Marler Calls on Topps to Pay E. coli Victims' Medical Bills and Wages

Bill Marler, food safety advocate and E. coli attorney, whose Seattle law firm, Marler Clark, has been contacted by five victims of the E. coli outbreak traced to the Topps 21,700,000 pound hamburger recall, called today on Topps to pay the medical bills and lost wages of all individuals who became ill with E. coli infections as part of the outbreak. “We know that at least twenty-five people became ill with E. coli infections after eating Topps hamburger.”  Marler said.  “The cost of treating victims of E. coli infections can run in the tens of thousands of dollars, or in a severe case, even in the hundreds of thousands of dollars,” Marler continued. “These families need Topps to do more than promise to cooperate in the investigation into this outbreak. They need to know that Topps intends to fulfill its corporate responsibility by looking out for its customers.”

Marler noted that in other outbreak-situations companies such as Chi-Chi’s, Dole, Jack in the Box, Con Agra, Odwalla and Sheetz advanced medical costs for outbreak victims whose illnesses were traced to their food products.

Since the Jack in the Box E. coli outbreak in 1993, Bill Marler has represented thousands of E. coli victims against corporations such as AFG, Bauer Meats, BJ's Wholesale Club, Byerly's, ConAgra, Cub Foods, Dole, Emmpak, Excel, Finley School District, Fresno Meat market, Gold Coast Produce, Habaneros, Interstate Meats, Jack in the Box, Karl Ehmer, Kentucky Fried Chicken, King Garden, Lunds, McDonalds, Odwalla, Natural Selections, Olive Garden, Peninsula Village, Pat & Oscar's, PM Beef Holdings, Sam's Club, Sizzler, Spokane Produce, Sodexho, Supervalu, Taco Bell, Taco John's, Topps, United Food Group (UFG), Walmart and Wendy's.  Total recoveries on behalf of victims are in excess of $300,000,000.

Several times a month Bill, through the non-profit outbreakinc, speaks to industry and government throughout the United States, Canada, China and Australia on why it is important to prevent foodborne illnesses.  He is also a frequent commentator on food litigation and safety on marlerblog.  Bill also sponsors several websites related to E. coli, including about-ecoli, about-hus and ecoliblog.

E. coli-tainted hamburger recalled by Topps tops 21,700,000 pounds

In June in an Op-ed I warned about the increasing recalls and illnesses tied to E. coli-tainted hamburger and red meat.  Now, according to a press release by Topps:

Topps Meat Company LLC, located in Elizabeth, NJ, has voluntarily expanded its recall announced on September 25 to include 21.7 million pounds of ground beef products that may be contaminated with E. coli O157:H7. This represents all products produced by Topps with a "sell by date" or "best if used by date" that falls between September 25, 2007 and September 25, 2008. This information may be found on the back panel of the package. All recalled products will have a USDA establishment number of EST 9748, which is located on the back panel of the package and/or in the USDA legend.

This recall tops the Con Agra recall of 19,000,000 pounds in 2002 that sickened over forty and killed one and is just under the 25,000,000 pounds recalled by now-bankrupt Hudson Foods in 1997.


l
As of Friday afternoon, we had been contacted by 4 of the 21 confirmed victims of this most recent Topps E. coli problem.  As some may know this is not the first time Topps product has been implicated in an E. coli illness.  Again, this recall is just a huge example of an increasing problem with ground meat in the USA - prior recalls in 2007 include:

1. A federal consumer alert was issued by FSIS for meat products sold under the brand name “Northwest Finest” after six people in Washington, two people in Oregon and one in Idaho became sick from E. coli O157:H7. The organic beef was ground by Interstate Meat, a national meat wholesaler, located in Clackamas, Oregon. 42,000 pounds of meat was recalled.

2. At least thirteen people have been confirmed ill with E. coli O157:H7 infections after eating ground beef produced by United Food Group sold in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and Montana. Over 5,700,000 pound of meat have been recalled.

3. Tyson Fresh Meats, Inc. recalled 40,440 pounds of ground beef products due to possible contamination with E. coli O157:H7. No illnesses yet reported.

4. Seven Minnesotans were confirmed as part of the E. coli O157:H7 outbreak that prompted PM Beef Holdings to recall 117,500 pounds of beef trim products that was ground and sold at Lunds and Byerly’s stores.

5. Twenty-seven people have been confirmed ill with E. coli O157:H7 infections in Fresno County. The Fresno County Department of Community Health inspected the “Meat Market” in Northwest Fresno, the source of the outbreak.

6. At least two people were confirmed ill with E. coli O157:H7 infections in Michigan after eating ground beef produced by Davis Creek Meats and Seafood of Kalamazoo, Michigan. The E. coli outbreak prompted Davis Creek Meats and Seafood to recall approximately 129,000 pounds of beef products that were distributed in Arkansas, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.

7. Following reports of three Napa Valley children who became sick from hamburger patties sold at a St. Helena Little League snack shack, 100,000 pounds of hamburger (that was a year old) was recalled.

8. Several people were confirmed ill with E. coli O157:H7 infections in Pennsylvania after eating E. coli-contaminated meat products at Hoss’s Family Steak and Sea Restaurants, a Pennsylvania-based restaurant chain that purchased its meat from HFX, Inc., of South Claysburg, Pennsylvania. As a result of the outbreak, HFX recalled approximately 4,900 pounds of meat products.

The products subject to the Topps original and expanded recall include:

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E. coli outbreak traced to Clackamas Fair - Again

This year's E. coli outbreak is larger than the one from the Clackamas County Fair in 2006, when the bacteria infected four people, sending one to the hospital, said William Keene, an epidemiologist for the Oregon Public Health Division.

According to the Portland Oregonian, seven people who attended the Clackamas County Fair contracted E. coli bacteria, according to the Oregon Public Health Division.  Health investigators said today the outbreak spread to one additional person but is now contained. E. coli infections can cause diarrhea, stomach cramps and kidney failure. Those who became sick in August have recovered or are recovering.

County fairs have a history of E. coli problems, typically from people who come into contact with fecal matter, perhaps by petting a cow or sheep, and fail to wash their hands before eating food, according to Clackamas County Health Officer Gary Oxman. During the 2002 Lane County Fair, about 65 people got infected, and the bacteria spread from those people to about 20 more.

Fairs and Petting Zoos have not only been an ongoing risk for E. coli specifically, but also for other bacterial and viral illnesses.  We created a website, www.fair-safety.com, to make sure Fairs and the public are aware of the risk.  We have been involved in several lawsuits involving petting zoos and fairs, including Lane County, Oregon, and the State Fairs of North Carolina and Florida.  Also, see the news that has been generated on the topic of the last few years - News.



Here are some presentations that I have given on the topic in 2004, 2005 and 2006:

Send Marler to outer space

OK, that may be on the minds of food manufacturers who poison customers and the insurance corporations who pay claims, but this Associated Press article demands closer reading:

Scientists discover germs get stronger when they go into space


It sounds like the plot for a scary B-movie: Germs go into space on a rocket and come back stronger and deadlier than ever.

Except, it really happened.

The germ: Salmonella, best known as a culprit of food poisoning.

The trip: Space Shuttle STS-115, September 2006.

The reason: Scientists wanted to see how space travel affects germs, so they took some along — carefully wrapped — for the ride.
The result: Mice fed the space germs were three times more likely to get sick and died quicker than others fed identical germs that had remained behind on Earth.


I'm still in Houston (and, this is my 900th blog post) - not far from the Johnson Space Center.  The problem with hitchhiking, nasty Salmonella, reminds me of that famous quote from the Apollo 13 flight:

"Okay, Houston, we've had a problem here." ??

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Effingham County Illinois Investigates E. coli Cases Linked with Restaurant



The Effingham County Health Department is investigating several cases of E. coli.

The health department says it has six confirmed cases of E. coli O157:H7. They are all linked to eating at El Rancherito restaurant in Effingham at I-57 and I-70. The health department says the restaurant is cooperating and has been closed since Thursday.  The people affected ate there between September 11th and the 13th. Their illnesses started between the 14th and 17th. No word on their conditions.

I just landed in Houston, Texas an hour ago.  The plan is to have meetings this week with lawyers involved in the Peanut Butter litigation.  I know, eventually I will have to stop talk about my China trip, but, I thought I would share one more photo from the conference:

Had dinner with some famous Houston and Louisiana trial lawyers (and one nice Jewish lawyer from Florida).

Spinach Kills

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Elizabeth Weise and Julie Schmit, of USA TODAY have written an amazing recap of the year that made everyone question the safety of spinach and other leafy greens. I would urge all to read it:
Spinach recall: 5 faces. 5 agonizing deaths. 1 year later

"Seattle-based Bill Marler, considered the nation's pre-eminent E. coli lawyer, who represents Howard's and Dunning's families [and who has resolved 41 of the cases thus far], says the bacteria that felled both matched the spinach outbreak strain."

Sandoval County, New Mexico man dies from botulism poisoning


The Associated Press reported that Botulism has killed a 52-year-old Sandoval County man, according to the state Health Department.

State officials have not linked the man's case to this summer's recall of Castleberry's Food Co. products, but they said the man had eaten some of the recalled goods in the past and had shopped at a store that sold several recalled canned goods.

The man, whose name was not released, was hospitalized July 26 in Albuquerque and died about six weeks later, the Health Department said Monday.

In July, Castleberry's announced a massive recall that ultimately included more than 90 potentially contaminated products, including its chili sauces, beef stew and corned beef hash. The Augusta, Ga. factory at the center of the botulism outbreak was closed in conjunction with the recall.

That plant is set to open Tuesday, after getting the green light last week from the U.S. Food and Drug Administration and the U.S. Department of Agriculture.

The FDA has said the recall is not complete, and state officials are asking New Mexicans to check their cabinets and refrigerators to make sure they don't have any of the recalled items.

"Botulism poisoning is a serious and potentially deadly illness," state Environment Secretary Ron Curry said.

First China International Food Safety & Quality Conference

Source:ExecDigital September News

600 delegates attended the First China International Food Safety & Quality Conference and Expo and heard from International Association for Food Protection members.

The First China International Food Safety & Quality Conference (CIFSQ), held at the Landmark Hotel and Towers in Beijing, China, is the first meeting for IAFP in the Asia-Pacific region. The goal of CIFSQ was for attendees to hear and participate in discussions regarding rising consumerism, adverse food safety publicity, and a need to protect trade interests and public health both in China and abroad. Sessions during the two-day conference explored modern approaches, services, solutions and technologies to reducing food product risks with the ultimate goal of a higher standard of food safety and quality.

Frank Yiannas, Immediate Past President of IAFP was quoted in the China Daily Newspaper and in other international news sources stating, “Long-distance transportation has made the process of moving food from the farm to the dinner table increasingly complex, and also makes wide-spread disease possible".

China 's Minister Li Changiliang, General Administration of Quality Supervision, Inspection & Quarantine (AQSIQ), opened the meeting, followed by representatives from World Health Organization, Food and Agriculture Organization of the United Nations, and IAFP.

David Tharp, Executive Director of IAFP, chaired two sessions and served as the Plenary Session Chair. Presenters at the Plenary Session included Robert Brackett, Director for the Center for Food Safety and Applied Nutrition (CFSAN), Frank Yiannas, Past President of IAFP and Director of Food Safety & Health for Walt Disney World and William Marler from Marler Clark.

Piggly Wiggly Recalls Illinois Beef



Fresh Brands Distributing Inc. is recalling ground beef products sold by some of its Piggly Wiggly stores in Illinois after E. coli infections in two people may have been associated with beef bought in Wisconsin, the company said.

Sheboygan-based Fresh Brands operates Piggly Wiggly stores throughout Wisconsin and in Antioch, Galena, Grayslake and Zion, Ill., according to its Web site.

The voluntary recall includes products labeled "ground chuck" and "certified angus beef ground round 85% lean," with sell-by dates from July 15 through Aug. 5, 2007, the company said Tuesday.

The contaminated beef came from suppliers and was not directly related to store operations, Fresh Brands officials said. Tests found none of the problem bacteria, E. coli O157 H7, in later sampling of the ground beef products from two Wisconsin stores, the company said.

Consumers were advised to check their freezers for any of the recalled products, which can be returned to Piggly Wiggly for a refund. Anyone who ate the products and became ill was advised to consult a physician or contact the local health department.

"Dole Hearts Delight" salads with a "best if used by date" of September 19 and a production code of "A24924A" or "A24924B" recalled.


According to a press released sent by Dole this evening, this product was sold in Ontario, Quebec and the Maritime Provinces in Canada and in Illinois, Indiana, Maine, Michigan, Mississippi, New York, Ohio, Pennsylvania, Tennessee and neighboring states in the U.S,  - whatever that means.  Here is a report from the Associated Press of a few days ago:

A year after the E. coli outbreak, Ag industry chastened and changed

Recalled lettuce was from Salinas Valley

According to reports from the Monterey County Herald, the Dole Recalled lettuce was from Salinas Valley.

Two of the three lettuces in a Dole bagged salad mix recalled this week were grown in the Salinas Valley.

Dole Fresh Vegetables president Eric Schwartz confirmed that the romaine and green leaf lettuce in its Hearts Delight salad mix was produced locally and mixed with butter lettuce from Ohio and romaine from growers in Colorado.

The lettuces were processed at Dole's plant in Springfield, Ohio, on Sept. 6, said Schwartz. Eighty-eight cases — or 528 bags — were distributed in Canada and 755 cases containing 4,530 bags in the U.S.

The U.S. Food and Drug Administration and Dole Food Co, the parent company of Dole Fresh Vegetables, issued a voluntary recall Monday, one day after the Canadian Food Inspection Agency issued its own advisory in Canada.

No illnesses have been reported, according to Garfield Balsom, a spokesman for the Canadian Food Inspection Agency Food Recall and Emergency Response.

Schwartz said the company, which is based in Monterey, has turned over paperwork detailing field audits, field and harvest data and shipping information to FDA investigators and its own independent consultants and is cooperating with the agency.

The voluntary recall affects all packages of Dole's Hearts Delight salad mix sold in the United States and Canada with a "best if used by" date of Sept. 19, 2007, and a production code of "A24924A" or "A24924B," Dole said.

The product was sold in Ontario, Quebec and the Maritime Provinces in Canada
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and in Illinois, Indiana, Maine, Michigan, Mississippi, New York, Ohio, Pennsylvania and Tennessee starting around Sept. 8, said Marty Ordman, a Dole spokesman.

Schwartz declined to identify the fields where the lettuce was grown, citing the ongoing FDA investigation.

A few days away from the anniversary of the Dole Spinach E. coli Outbreak

We love anniversaries (even ones we would rather forget) and the media loves to report them. Garance Burke of the Associated Press has launched, what will likely be several, articles on this outbreak which was officially announced September 14, 2006.  Her full story can be found here.   Her focus is on the failures of industry and government in the past and present to prevent the tragic death of Betty Howard.

China Fast Food


Took a long walk through Hong Kong today prior to leaving for Beijing.  I did get a bit hungry, but just could not bring myself to order the duck.

New York Firm Recalls Ground Beef Products Due to Possible E. coli O157:H7 Contamination

WASHINGTON, September 5, 2007 - Fairbank Reconstruction Corp., doing business as Fairbank Farms, an Ashville, N.Y., establishment, is voluntarily recalling approximately 884 pounds of ground beef products because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today. The products subject to recall include:

1.33-pound trays of “SHAW’S FRESH GROUND ROUND BEEF PATTIES, 85/15.” Each package bears the establishment number “Est. 492” inside the USDA mark of inspection. Each “Nutrition Facts” label bears a time stamp between “17:05” and “17:25” as well as a date code of “243.”

The ground beef products were produced on Aug. 31, 2007, and were distributed to retail establishments in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont

Botulism Strikes Again?

Blue Ocean Sardine Tamban is recalled

WASHINGTON, Sept. 4 (UPI) -- The Food and Drug Administration announced the recall of Blue Ocean Smoked Indiana Sardine Tamban because of possible contamination.

Everlasting Distributors Inc. of Bayonne, N. J., recalled the uncoded 8-ounce packages of frozen Blue Ocean Smoked Indian Sardine Tamban because they might be contaminated with Clostridium botulinum, a bacterium which can cause life-threatening illness or death.

The recalled packages were sold by New York and New Jersey area retail stores in white styropor foam trays and vacuum packed with a clear plastic bag.

CDC Salmonella Schwarzengrund Outbreak Investigation, August 2007 tied to dry pet food


States with Outbreak-Associated Cases of Salmonella


CDC is collaborating with public health officials in Pennsylvania and other state health departments and the US Food and Drug Administration to investigate a multi-state outbreak of Salmonella serotype Schwarzengrund infections in humans. These human illnesses have been linked with dry pet food produced by Mars Petcare US at a single manufacturing facility in Pennsylvania. People who think they might have become ill after contact with dry pet food or with an animal that has eaten dry pet food should consult their health-care providers.

As of September 4, 2007, 62 persons infected with the same strain of Salmonella Schwarzengrund have been reported to CDC from 18 states: Pennsylvania (26 cases), New York (8 cases), Ohio (6 cases), Massachusetts (5 cases), Maine (2 cases), North Dakota (2 cases), Virginia (2 cases), Alabama (1 case), California (1 case), Delaware (1 case), Illinois (1 case), Kentucky (1 case), Maryland (1 case), Michigan (1 case), Minnesota (1 case), New Jersey (1 case), North Carolina (1 case), and Wisconsin (1 case). Of the ill persons for whom an age is available, 39% were one year of age or younger. Of ill persons for whom clinical information is available, 32% developed bloody diarrhea and 10 (25%) were hospitalized. No deaths have been reported.

Veggie Booty, you must be kidding?

Several weeks ago we filed a Complaint on behalf of little Sydney and Cole Scheels who became ill with culture-positive Salmonella and were tied specifically to the Veggie Booty Salmonella outbreak.  A few days ago we received the defendant Robert's American Gourmet Food Inc.'s response (it's Answer) to poisoning my clients (and presumably all the other customers sickened).  It's Answer was in fact a blanket denial of everything (much different than the public apologies).  Most interesting were the "Affirmative Defenses."  Some of the more amusing are here:

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

If, in fact, plaintiffs sustained injuries or damages as alleged in the Verified Complaint, which damages and injuries are hereby expressly denied, said injuries and damages occurred as a result of the plaintiffs’ own culpable conduct.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

If, in fact, plaintiffs sustained damages as alleged in the Verified Complaint, such damages were caused, in whole or in part, by the comparative negligence of the plaintiffs and such damages, which are hereby denied, should be diminished and reduced in the proportion to which the comparative negligence attributable to the plaintiffs bear up on the culpability, if any, of all parties.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

That in the event that any judgment or verdict is rendered in favor of the plaintiffs, this answering defendant is entitled to have such judgment or verdict reduced by the amount of any collateral payments made to the plaintiffs for expenses and by the amount of all such payments plaintiffs will receive in the future.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE

Plaintiffs’ recovery should be barred or reduced by virtue of the adult plaintiffs’ having knowingly, voluntarily and unreasonably assumed the risk of physical injury to the infant-plaintiff by not seeking immediate and/or proper medical attention.

AS AND FOR A NINTH AFFIRMATIVE DEFENSE

At all times relevant herein, this defendant exercised reasonable care, acted in accordance with or exceeded all applicable Municipal, City, State and Federal statutory, regulatory and common law requirements, regulations, codes and standards.

AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE

The incident, the injuries, and the damages complained of were caused by the unauthorized, unintended, improper and/or negligent use or abuse of the product and plaintiffs’ failure to exercise reasonable and ordinary care, caution or vigilance.

AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE

Defendants made no warranties to plaintiffs.

AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE

To the extent warranties apply, defendant breached no warranties.

AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE

To the extent the warranties apply, the incident and all injuries and damages complained of occurred after all applicable warranties expired.

AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE

The product complained of was designed and manufactured in compliance with all applicable design and manufacturing specifications.

AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE

Plaintiffs’ damages were the result of a preexisting condition and are unrelated to any conduct of defendants.

AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE

Plaintiffs’ alleged damages are the result of idiosyncratic conditions and are unrelated to any conduct of this answering defendant.

AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE

Plaintiffs’ knowingly and voluntarily assumed all risks associated with the activities in which they were engaged.

AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE

Plaintiffs’ failed to mitigate their damages.

AS FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE

Plaintiffs’ claims are barred by the applicable doctrines of Laches, unclean hands, waiver and estoppel.

AS FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE

Plaintiffs’ injuries, symptoms or problems, if any, are the result of genetic, environmental and/or sociological factors over which defendant had no control and had no duty to control.

AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE

The product was substantially altered, modified and/or changed, after it left the control of the defendants.

Sometimes a Corporation and its lawyers have no shame at all.

Two Island, Two King and One Clallam County residents sickened by E. coli


According to the Whidbey News-TIMES, Two Island County residents were among those sickened by an outbreak of E. coli in ground beef. As of today six people in Washington, two people in Oregon and one in Idaho fell ill due to E. coli in late July and the first week of August. The Washington E. coli cases included one child and five adults in King, Island and Clallam counties. Two people were hospitalized.

Interestingly, according to the Portland Oregonian, Interstate Meat Distributors Inc., the Clackamas meat grinder tied this week to the E. coli outbreak, also distributed ground beef from a dairy cow later discovered to have mad-cow disease. The privately held company had to buy back a quarter-million pounds of ground beef and temporarily laid off about one-third of its workers.

Alex Pulaski interviewed my nemesis, Dave Ernst, and myself on Friday:

Meat grinder will rely on reputation
Two Northwest authorities on foodborne illness said this week that businesses trying to recover from an outbreak can use honesty above all to recover quickly. Attorneys David Ernst of Portland and Bill Marler of Seattle frequently find themselves on opposite sides of food-related lawsuits, Ernst representing companies that Marler is suing on behalf of consumers.

"First, you must have absolute candor and transparency," Ernst said. "The public is willing to stick with your brand, but if people aren't being forthright, then that's a real problem.

"What I've seen is you give the facts that you know, and as things change you let customers and the public know what's different and what you've learned."

Marler said companies should own up to mistakes and trust the public to forgive them.

"The best thing in my view is to simply say, 'We're really sorry our products sickened people. . . . It's our product and we need to be responsible,' " he said. "I think that's what the public expects."

Hell of a reputation.

Beef recalled after North Idaho woman gets sick



Greg Meyer of KLEW Lewiston reported that the E. coli outbreak associated with ground beef has sickened a north Idaho woman, along with people from several other western states.

Public health officials urge people to check their refrigerators and freezers for the ground beef that has been identified as causing the illnesses. The ground beef, produced by Interstate Meats in Oregon , is sold under the brand name ‘Northwest Finest.’ The products subject to this public health alert include:

· 16-ounce packages of "Northwest Finest 7% FAT, NATURAL GROUND BEEF." The label bears a UPC code of 752907 600127.

· 16-ounce packages of "Northwest Finest 10% FAT, Organic GROUND BEEF." No UPC code is available.

Each package also bears the establishment number ‘Est. 965’ inside the U.S. Department of Agriculture mark of inspection as well as a sell-by date between August 1 and August 11.

The ground beef products were produced on various dates between July 19 and July 30 and distributed in Alaska , Idaho , Oregon and Washington . Although these products should no longer be available for purchase, consumers may have purchased them when they were on store shelves and may still have them in their freezers. Any frozen ground beef should be checked and discarded if it matches the identified products.

Imported food leaving bad taste


Alex Pulaski of the Portland Oregonian (part of Newhouse News Service) wrote a comprehensive article on imported food and the risked posed by its increase.  I will be speaking in China in the middle of September of the risks of tainted food imports.

In the past year, federal inspectors have found salmonella in Hershey's Kisses imported from Mexico, illegal pesticides and toxic compounds in peanut butter from India and scores of shipments of Chinese seafood tainted by unsafe animal drugs, unregistered pesticides or salmonella.

As the world turns into a huge buffet line f