Food Poisoning Lawyer & Attorney : Marler Clark : Food Poison Blog

This week's food safety infosheet (pdf) from the International Food Safety Network focuses on what we learned this week - that ground beef is once again the source of a multi-state E. coli outbreak.  At least five people in Wisconsin and one California resident became ill with E. coli infections after consuming meat produced by Rochester Meats of Michigan.  According to the Food Safety and Inspection Service's recall announcement from last weekend:

The problem was discovered through an investigation initiated by the Wisconsin Department of Health and Family Services and the California Department of Public Health into five illnesses in Wisconsin and one illness in California. Anyone concerned about an illness should contact a physician.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On January 5, Mark's Quality Meats, Inc. of Detroit, Michigan, recalled over 13,000 pounds of ground beef and steak products that were produced in late December after E. coli contamination was identified through lab testing.  In announcing the recall, the Food Safety and Inspection Service stated that no illnesses have been reported in connection with the recall.  According to the Detroit Free Press: 

Michael Layne, a spokesman for Mark’s Quality Meats, said some of the meat has been consumed, but the products that weren’t have been removed from the restaurants, brought back to the company’s facility and destroyed. About 200 restaurants had received meat from the company, he said.

Meanwhile, public health officials are investigating to determine the source of Salmonella outbreaks in Pennsylvania and Montana.  The Pennsylvania outbreak has been traced to foods prepared by a restaurant, and the Montana outbreak is still under investigation, although the strain of Salmonella isolated from Montana patients is likely linked to the strain causing illness in Texas and Pennsylvania. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The US Department of Agriculture's Food Safety and Inspection Service announced yesterday that Texas American Food Service Corporation of Fort Worth, Texas, was recalling 14,800 pounds of ground beef products for possible E. coli contamination. The products were sold under American Fresh Foods labels (right).

Consumer products being recalled include:

• 2-pound approximate weight packages of "73/27 GROUND BEEF" bearing a sell-by date of "12.30.07"
• 2-pound approximate weight packages of "80/20 GROUND BEEF CHUCK" bearing a sell-by date of "12.31.07"
• 1-pound approximate weight packages of "85/15 GROUND BEEF ROUND" bearing a sell-by date of "12.31.07"
• 1-pound approximate weight packages of "90/10 GROUND BEEF SIRLOIN" bearing a sell-by date of "12.31.07"
• 1-pound approximate weight packages of "96/04 EXTRA LEAN GROUND BEEF, 4% FAT" bearing a sell-by date of "12.31.07"

• 40-pound "net wt." box of "73/27 100% GROUND BEEF; REWORK MAP"
• 260-pound "net wt." combo bin of " CHUCK 100% GROUND BEEF; REWORK MAP"
• 370-pound "net wt." combo bin of "SIRLOIN 100% GROUND BEEF; REWORK"
• ervice announced yesterday that

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

Ediets.com provided some good tips on safer eating this morning in an article titled, "13 Foods That Could Kill".  The thirteen foods the column focuses on are:

Lettuce: because lettuce has been identified as the source of several E. coli and other foodborne illness outbreaks.  In 2006, Dole spinach was the source of a large E. coli outbreak, and lettuce was the source of outbreaks at Taco Bell and Taco John's restaurants.  Ediets.com states, "All raw fruits and vegetables can harbor disease-causing bacteria. Thoroughly wash any raw produce under cold running water before eating it. If appropriate, use a small scrub brush to remove any visible dirt. This is true even for organic fruits and vegetables."

Water: because contaminated water can harbor bacteria, viruses, and parasites, it is important to ensure your drinking water, as well as water in pools or at sprayparks, has been properly treated to eliminate the possibility of contamination.  According to Ediets.com, "The Environmental Protection Agency (EPA) recommends that private water supplies be tested at least once a year for: nitrates, total dissolved solids and coliform bacteria, the presence of which (although it is generally harmless) may indicate other contamination. You may need to test more frequently and for more potential contaminants if a problem is suspected."

Raw sprouts: Because sprout seeds can be contaminated with foodborne pathogens that cause food poisoning, raw sprouts should be avoided.  Raw sprouts have been associated with E. coli and Salmonella outbreaks.  Ediets encourages consumers to cook sprouts thoroughly to kill bacteria.

Unpasteurized juice, milk or cheese: Because unpasteurized juices and "raw" dairy products do not go through a "kill step" before they are served, bacteria, viruses, or parasites could be present in the products.  Several E. coli outbreaks have been traced to raw juices, including a 1996 E. coli outbreak traced to apple juice and subsequent Salmonella outbreaks traced to orange juice.  outbreaks have been traced back to raw milk, including E. coli outbreaks that resulted in children being hospitalized for kidney failure.  Edites.com states, "Make sure you always purchase the pasteurized versions of your favorite products. Pasteurization kills bacteria. When you go to a juice bar, make sure the juices being served are pasteurized. Unpasteurized products have been linked to salmonella, E. coli and Listeria -- all of which can lead to death."

Moldy peanuts:  Because moldy peanuts, wheat chereals, and corn can produce aflatoxins.  Ediets.com encourages people to check these products for any signs of discoloration or mold, as, "Alfatoxins have been found to cause liver cancer in animal species."

Raw or undercooked shellfish: Because shellfish, such as clams and oysters, can be contaminated with micro-organisms such as vibrio or viruses such as norovirus.  Raw oysters should be avoided.  Ediets.com states:  "Any animal protein consumed raw or undercooked has an increased potential for causing illness."

Swordfish, shark, king mackerel and tilefish: Because these fish have been associated with high levels of methyl mercury, which can cause brain damage in unborn and young children.  According to Ediets.com, "The Food and Drug Administration (FDA) and the EPA advise young children, women who are planning to become pregnant and pregnant or nursing women not to eat these fish."

Caesar salad: Because many recipes for Caesar salad dressing call for raw eggs, and eggs can carry Salmonella, Campylobacter jejuni, and other foodborne pathogens. Ediets.com encourages you to ask your server or host if Caesar salad dressing contains raw eggs because, "Many restaurant or homemade recipes call for raw eggs in Caesar salad."

Wild mushrooms: Because several species of mushrooms contain deadly poisons.  According to Ediets.com, "Portabella and shiitake lovers have no reason to worry. Just don’t go scavenging in your backyard. Only eat mushrooms you’ve purchased in the grocery store."

Raw, homemade cookie dough. Because, again, raw eggs can contain potentially deadly foodborne pathogens.  Ediets.com says, "We're not talking about the prepackaged kind that many of us prefer to nibble on straight from the tube or tub. We're talking about homemade batter that's made with eggs."

Rare hamburger. Because ground beef can be contaminated with E. coli, Salmonella, and other bacterial pathogens that cause food poisoning.  All ground beef products and hamburgers should be cooked to 160 degrees fahrenheit.  Ediets.com provides the advice to, "Always use a food thermometer to ensure you've cooked the beef to a safe temperature. Avoid any restaurant entrée labeled "tartare" – it's raw."

Turkey and stuffing. Because stuffing cooked inside a turkey or chicken has a reduced likelihood of reaching a hot enough temperature to kill Salmonella, Campylobacter, or other "bugs".  Ediets explains, "The bird cooks both from the outside and the inside. When you stuff the bird, it reduces the heat penetration. Your best bet is to cook the turkey and stuffing separately. If you do choose to cook them together, make sure the temperature reaches at least 180 degrees Fahrenheit in the innermost part of the thigh while the center of the stuffing inside the turkey reaches 165 degrees."

Shakes and eggs. Because, as pointed out earlier, raw eggs can carry Salmonella or Campylobacter jejuni.  Protein shakes can be made with p asteurized eggs, but unless they're pasteurized, avoid raw eggs.  Ediets warns, "Once again, you're putting yourself at risk for salmonella when you consume raw eggs. Also, beware of sunny side up or runny eggs. The rule of thumb is to cook the egg until both the yolk and the white are firm."

More about food poisoning can be learned at www.foodborneillness.com. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

E. coli, Salmonella, and botulism were all featured in the news today:

In Hutchinson, Kansas, the Hutchinson News reported that a five-year-old girl from Sterling, Kansas, has been put on dialysis.  She became ill with an E. coli infection and hemolytic uremic syndrome.  She is in critical condition after 18 days in the hospital.  As reported by the Hutchinson News:

Aubrey Anderson, 5, continued to undergo daily dialysis treatments lasting three to five hours each at Wesley Medical Center, said her father, Bill Anderson, who is principal of Sterling High School.

"Aubrey's hemoglobin was down a little today, which is not good," Anderson said in an e-mail. "Her platelets, however, have reached a 'normal' level and the doctor feels that they will not decrease again, and that is encouraging. Her toxicity level is down from yesterday, but they would like to see it come down farther."

In Omaha, Nebraska, the Omaha World Herald reported that ConAgra has resumed the production of Banquet and private label pot pies - one of two ConAgra products identified earlier this year as the source of a nationwide Salmonella outbreak.  According to the World Herald:

ConAgra Foods Inc. said Wednesday that it had enhanced its food safety procedures and resumed making frozen Banquet and private-label pot pies, which the company recalled last month after they were linked to salmonella illnesses.

The company said it would ship the pot pies to stores beginning in December, and they should be back on store shelves as soon as January.

And in Roanoke, Virginia, a relative of a doctor who passed away this week - allegedly of botulism poisoning - spoke with the Roanoke Times.  While testing has not been completed, the relative stated that health authorities are investigating the possibility that the doctor's death was caused by botulism.

Kwang Kim, the doctor’s younger brother, said the family is still awaiting laboratory results to confirm the death was caused by botulism. They expect those results Thursday, he said.

Kwang Kim said the state health department approached the family last week about the doctor’s illness. Dr. Kim’s husband, George Makarie, is also ill and was still hospitalized Wednesday morning, Kwang Kim said. He said he doesn’t know if Makarie’s illness is also related to botulism.

The Centers for Disease Control and Prevention (CDC) estimates that 76 million foodborne illness cases occur in the United States every year. This amounts to one in four Americans becoming ill after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria.

On an annual basis, approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and 5,000 die. The annual dollar costs of foodborne illnesses—in terms of medical expenses and lost wages and productivity—range from $6.5 to $34.9 billion.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

According to Cargill and FSIS press releases: Cargill Meat Solutions said it is voluntarily recalling approximately 1,084,384 pounds of ground beef produced at its Wyalusing, Pa., Cargill Regional Beef facility because of the possible presence of E. coli O157:H7. The ground beef products subject to recall were produced at the Wyalusing plant between Oct. 8 and 11, 2007, and were distributed to retailers nationwide.  In addition to the below listed products, there are various weights and varieties of ground beef, ground chuck, and ground sirloin product that were distributed for further processing and repackaging and will not bear the same establishment number on the package.  Products subject to recall are:

* 1.3-pound packages of “Century Farm 80/20 Ground Beef.” Use by/freeze by 11/03/2007
* 3.0-pound packages of “Century Farm 80/20 Ground Beef.” Use by/freeze by 11/03/2007
* 1- pound packages of “Century Farm 80/20 Ground Beef Patty.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Century Farm 85/15 Ground Beef.” Use by/freeze by 11/03/2007
* 3-pound packages of “Century Farm 90/10 Ground Beef.” Use by/freeze by 10/19/2007
* 1.3-pound packages of “Century Farm 90/10 Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 90/10 Ground Beef.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 93/7 Ground Beef.” Use by/freeze by 11/03/2007
* 1-pound packages of “Century Farm 96/4 Extra Lean Ground Beef.” Use by/freeze by 10/19/2007 & 10/31/2007
* 1-pound packages of “Century Farm 85/15 Ground Beef Patties.” Use by/freeze by 10/19/2007
* 1.3-pound packages of “Century Farm 93/7 Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 80/20 Chuck Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 80/20 Chuck Ground Beef for Chili.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1.3-pound packages of “Century Farm Meatloaf Mix, Beef, Pork and Veal with Natural Flavors.” Use by/freeze by 10/19/2007, 10/22/2007, 10/31/2007 & 11/03/2007
* 1.25- pound packages of “Giant 75/25 Ground Beef, All Natural.” Use by/freeze by 11/03/2007
* 3.0- pound packages of “Giant 75/25 Ground Beef.” Use by/freeze by 10/31/2007
* 1.25-pound packages of “Giant 80/20 Ground Beef, All Natural.” Use by/freeze by 11/03/2007
* 3.0-pound packages of “Giant 80/20 Ground Beef.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Giant Eagle Ground Chuck Beef Patties 80/20.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.3-pound packages of “Giant Eagle Ground Beef Patties 92/8.” Use by/freeze by 10/22/2007
* 1.3-pound packages of “Giant Eagle Ground Beef Patties 85/15 – Certified Angus Beef Brand.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.3-pound packages of “Giant Eagle Ground Round Beef Patties 85/15.” Use by/freeze by 10/19/2007 & 10/22/2007
* 3.0-pound packages of “Shop Rite, 80% Lean 20% Fat, Ground Beef.” Use by/freeze by 10/31/2007 & 11/03/2007
* 3.0-pound packages of “Shop Rite, 85% Lean 15% Fat, Ground Beef.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1.3-pound packages of “Shop Rite, 93% Lean 7% Fat, Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Shop Rite, 93% Lean 7% Fat, Ground Beef.” Use by/freeze by 11/03/2007
* 1-pound packages of “Shop Rite, 96% Lean 4% Fat, Ground Beef.” Use by/freeze by 10/31/2007
* 1.25- pound packages of “Stop & Shop 75/25 Ground Beef, All Natural.” Use by/freeze by 10/31/2007 & 11/03/2007
* 5.0- pound packages of “Stop & Shop 75/25 Ground Beef, All Natural.” Use by/freeze by 11/03/2007
* 1.25-pound packages of “Stop & Shop 80/20 Ground Beef, All Natural.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1.25-pound packages of “Stop & Shop 85/15 Ground Beef, All Natural.” Use by/freeze by 10/31/2007
* 1.2-pound packages of “Stop & Shop 87/13 Ground Beef Sirloin, All Natural.” Use by/freeze by 10/31/2007
* 1- pound packages of “Stop & Shop 90/10 Ground Beef, All Natural.” Use by/freeze by 10/31/2007
* 1.0-pound packages of “Stop & Shop 80/20 Ground Beef Patties, All Natural.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Stop & Shop 80/20 Ground Beef Patties, All Natural.” Use by/freeze by 11/03/2007
* 2.6-pound packages of “Stop & Shop 80/20 Ground Beef Patties, All Natural.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Stop & Shop 90/10 Ground Beef Patties, All Natural.” Use by/freeze by 10/31/2007 & 11/03/2007
* 2.5-pound packages of “Stop & Shop 90/10 Ground Beef, All Natural.” Use by/freeze by 10/19/2007
* 2.5-pound packages of “Stop & Shop 93/7 Ground Beef, All Natural.” Use by/freeze by 10/31/2007
* 1-pound packages of “Wegmans 80/20 Ground Beef Patties.” Use by/freeze by 10/19/2007
* 1.3-pound packages of “Wegmans 90/10 Ground Beef Patties.” Use by/freeze by 10/19/2007 & 10/22/2007
* 3.0- pound packages of “Weis Premium Meats, 73/27 Ground Beef.” Use by/freeze by 11/03/2007
* 1- pound packages of “Weis Premium Meats, 80/20 Ground Beef.” Use by/freeze by 10/31/2007
* 3- pound packages of “Weis Premium Meats, 80/20 Ground Beef.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1-pound packages of “Weis Premium Meats 85/15 Ground Beef.” Use by/freeze by 10/31/2007
* 2.0 and 3.0 -pound packages of “Weis Premium Meats 85/15 Ground Beef.” Use by/freeze by 11/03/2007
* 2-pound packages of “Weis Premium Meats 93/7 Ground Beef.” Use by/freeze by 11/03/2007
* 1-pound packages of “Weis Premium Meats 93/7 Ground Beef.” Use by/freeze by 10/31/2007
* 1-pound packages of “Weis Premium Meats 96/4 Ground Beef Extra Lean.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Weis Premium Meats 90/10 Ground Beef Sirloin Patties.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Weis Premium Meats Meatloaf Mix, Beef, Pork and Veal with Natural Flavors.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Weis Premium Meats 80/20 Ground Beef for Chili.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Meat Loaf Mix, Made with Beef, Pork, Veal, with Natural Flavors.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.25-pound packages of “Meatloaf Mix, A Blend of Fresh Ground Beef, Pork & Veal, All Natural.” Use by/freeze by 10/31/2007
* Various weight packages of “85/15 Coarse Ground Beef for Chili Meat, All Natural.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Ground Beef Chuck for Chili 80/20.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.3 pound packages of “Price Rite 85% Lean, 15% Fat Ground Beef.” Use by/freeze by 11/03/2007
* 1.3 pound packages of “Price Rite 80% Lean, 20% Fat Ground Beef.” Use by/freeze by 11/03/2007
* 1.3 pound packages of “Price Rite Meat loaf mix.” Use by/freeze by 10/31/207 & 11/03/2007

• Email This
• Print
• Comments
• Trackbacks
• Share Link

General Mills Operations, a Wellston, Ohio, establishment, is voluntarily recalling an undetermined amount of frozen meat pizza products because they may be contaminated with E. coli O157:H7 and may be linked to an outbreak of E. coli O157:H7 illnesses, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today.

The following products are subject to recall:

• 10.2-ounce packages of “Totino’s The Original Crisp Crust Party Pizza Pepperoni.”
• 10.2-ounce packages of “Totino’s The Original Crisp Crust Party Pizza, Classic Pepperoni.”
• 10.2-ounce packages of “Totino’s The Original Crisp Crust Party Pizza, Pepperoni Trio.”
• 10.7-ounce packages of “Totino’s The Original Crisp Crust Party Pizza, Combination Sausage & Pepperoni Pizza.”
• 10.5-ounce packages of “Totino’s The Original Crisp Crust Party Pizza, Three Meat Sausage, Canadian Style Bacon & Pepperoni Pizza.”
• 10.9-ounce packages of “Totino’s The Original Crisp Crust Party Pizza, Supreme Sausage & Pepperoni Pizza with Green Peppers & Onions.”
• 6.8-ounce packages of “JENO’S CRISP `N TASTY PIZZA, PEPPERONI.”
• 7.0-ounce packages of “JENO’S CRISP `N TASTY PIZZA, COMBINATION SAUSAGE AND PEPPERONI PIZZA.”
• 7.2-ounce packages of “JENO’S CRISP `N TASTY PIZZA, SUPREME SAUSAGE AND PEPPERONI WITH GREEN PEPPERS AND ONION PIZZA.”

Each package also bears the establishment number “EST. 7750” inside the USDA mark of inspection as well as a “best if used by” date on or before “02 APR 08 WS.” The company applies the “best if used by date” on the package based on a 155-day shelf life, however consumers are urged to look in their freezers for similar frozen pizza products and discard them if found. The frozen meat pizza products subject to recall were produced on or before Oct. 30 and were distributed to retail establishments nationwide. The recall affects approximately 414,000 cases of pizza products currently in stores and all similar pizza products in consumers’ freezers. It includes eight SKUs (stock keeping units or UPC codes) of Totino’s brand frozen pizza and three SKUs of Jeno’s brand frozen pizza with pepperoni topping, or incorporating pepperoni in combination with other toppings.

The problem was uncovered by state and federal authorities investigating 21 occurrences of E. coli-related illnesses in 10 states. Approximately half of the individuals who became ill were hospitalized as a result. The earliest case reported to state authorities occurred on July 20, and the latest case reported occurred on Oct. 10. Nine of the 21 people reported having eaten Totino’s or Jeno’s pizza with pepperoni topping at some point prior to becoming ill. Since July 1 of this year, Totino’s and Jeno’s have distributed more than 120 million pizzas nationwide.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

The USDA's Food Safety and Inspection Service announced that Blue Ribbon Meats, a Florida company, is recalling 8,200 pounds of frozen ground beef products for possible E. coli O157:H7 contamination.  The ground beef was produced between September 14 and September 27, and was shipped to two distributors.  The ultimate destinations the meat was designated for include a correctional institution in Florida and a distributor in St. Thomas, U.S. Virgin Islands.

According to the FSIS press release, "The problem was discovered by Creekstone Farm (Est. 27), an Arkansas City, Kan., establishment that supplies the recalling company and inadvertently shipped product that they had on hold." 

The products subject to recall include:

• 10-pound boxes of "WESPAK B.R.'S BRAND SEASONED BEEF PATTIES FOR SALISBURY, 80/20."
• 10-pound boxes and 20-pound cases of "JNS FOODS, LLC, B.R.'S BRAND SEASONED BEEF PATTIES FOR SALISBURY, 80/20."
• 10-pound boxes and 20-pound cases of "JNS FOODS, LLC, BEEF PATTIE MIX, 80/20."
• 10-pound boxes and 20-pound cases of "JNS FOODS, LLC, BEEF PATTIES, 80/20."
• 10-pound boxes and 20-pound cases of "JNS FOODS, LLC, MEATLOAF SEASONED BEEF PATTIES, 80/20."

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Centers for Disease Control and Prevention updated its reporting on the E. coli outbreak linked to Topps Meats yesterday. 28 cases of E. coli have been identified as part of the outbreak. According to CDC:

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).

DNA "fingerprints" or Pulsed Field Gel Electrophoresis patterns, are explained as follows:

When a sample is taken from either a piece of meat or poultry that is contaminated with a dangerous form of bacteria, such as E. coli O157:H7, listeria, or campylobacter, it can be cultured to obtain and identify the bacterial isolate. If a person consumes some of the contaminated meat or poultry, and becomes infected as a result, a stool sample can then be cultured to obtain and identify the bacterial isolate. These bacterial isolates are then broken down into their various component parts creating a DNA "fingerprint".

The process of obtaining the DNA fingerprint is called Pulse Field Gel Electrophoresis, or PFGE. This technique is used to separate the DNA of the bacterial isolate into its component parts. It operates by causing alternating electric fields to run the DNA through a flat gel matrix of agarose, a polysaccharide obtained from agar. The pattern of bands of the DNA fragments — or “fingerprints” — in the gel after exposure to the electrical current is unique for each strain and sub-type of bacteria. By performing this procedure, scientists can identify hundreds of strains of E. coli O157:H7 as well as strains of listeria and campylobacter, and other pathogenic bacteria.

The PFGE pattern of the bacteria can then be compared and matched up to the PFGE pattern of the strain of infected persons who consumed the contaminated product. When PFGE patterns match, they, along with solid epidemiological work, are proof that the contaminated product was the source of a person's illness.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Proof that ‘Lightning does strike the same spot twice,’ says Marler Clark attorney

SEATTLE, WA September 26, 2007 -- The USDA’s Food Safety and Inspection Service yesterday announced that Topps Meat Company of Elizabeth, New Jersey, was recalling 331,582 pounds of frozen ground beef products that may be contaminated with E. coli O157:H7. The recall was prompted by a combined New York Department of Health and Centers for Disease Control and Prevention investigation into an E. coli O157:H7 outbreak that was determined to have been caused by consumption of Topps ground beef products.

New York is not the only state impacted by the beef recall and E. coli outbreak. The Associated Press reported today that residents of Connecticut, Indiana, New Jersey, Ohio, and Pennsylvania were part of the outbreak.

“We have a lawsuit pending in Albany County Superior Court that is the result of a 2005 E. coli case traced back to ground beef produced by Topps and sold at Price Chopper,” said William Marler, the nation’s foremost attorney representing victims of foodborne illness. “What we’re seeing here is that lightning does strike the same spot twice.”

Marler noted that for the first time since 2002, the number of meat recalls and E. coli outbreaks connected to ground beef has been increasing. “The CDC and USDA’s numbers have shown significant declines in E. coli outbreaks traced back to contaminated ground beef since 2002, and our client-base was backing those numbers up,” Marler continued. “Most of our E. coli cases in the last five years have been the result of contaminated produce, but not this year – we’ve filed lawsuits against California [UFG and the Fresno Meat Market], Minnesota, and Oregon beef producers in the last six months.

“To quote Buffalo Springfield, ‘Something’s happening here.’”

BACKGROUND: Marler’s Seattle-based law firm, Marler Clark (www.marlerclark.com) has represented thousands of victims of E. coli, Salmonella, Hepatitis A, Listeria, Shigella, Campylobacter and Norovirus illnesses in over thirty states. In 1998, Marler and his current law partners formed OutBreak, a non-profit food safety organization. Marler dedicates a significant amount of his time to travel to food-industry and public health conferences, giving speeches about how to prevent food poisoning and the consequences of foodborne illness outbreaks. Marler comments on foodborne illness outbreaks and litigation at www.marlerblog.com. He is in Houston, Texas, today meeting with attorneys representing ConAgra – the company whose peanut butter products were identified as the source of a nationwide Salmonella outbreak earlier this year. Mr. Marler can be reached on his mobile phone at (206) 794-5043.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

A New York Times editorial from today begins:

President Bush took a potentially useful step last week, appointing a cabinet-level committee to find ways to ensure the safety of imported food and other products. But his actions would be a lot more credible if the administration had not been cutting the staff and budget of food safety programs at the Food and Drug Administration while also planning to eliminate half of the agency’s laboratories.

Hearings before a House oversight subcommittee raised serious questions about the F.D.A.’s ability to protect the public against contaminated or adulterated foods. William Hubbard, a former top agency official who consults for a coalition of industry and consumer groups, told the committee that the F.D.A. has lost some 200 food scientists and 700 field inspectors over five years, exactly the wrong direction when food imports are skyrocketing. He also noted that the small budget increase the White House has proposed for food safety next year would be a decrease after accounting for inflation.

Details behind the potential closure of food testing laboratories and inspections of imported foods are further discussed in the editorial, which is titled:  Is It Safe to Eat?
Increasing fears over foods imported from China and other countries, and the FDA's assertions that only one percent of food imports are inspected every year are major concerns surrounding the safety of the American food supply.  And it's not just the federal government and food safety advocates who are speaking up about their issues with the safety of the American food supply.  Bill Marler posted the following email he received from a client who became ill after eating E. coli-contaminated spinach on his blog recently:

Please pass this on: I am 55 years old and having been married for 37 years, so I have been grocery shopping for at least that long. I got sick from spinach; last month I opened a can of Geisha brand peaches (from China but distributed from New York) only to find a dead fly in the can; and this past week I purchased 2 cans of Castleberry's hot dog chili sauce distributed from Augusta, GA that have been recalled. Am I being paranoid or is someone out there trying to kill Americans with the food chain, or just me in particular? What's going on here and how can we protect ourselves other than reverting back to growing our own food. I know growing up if we didn't shoot it, reel it in or grow it, we didn't eat it (ie; deer meat, fish (lots & lots of fish) and fresh vegetables & fruits grown by family members.) What's going on here with the food chain is scaring the h_ _ _ out of me. Too many things happening in a very short time frame to me.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Washington Beef, a Toppenish, Washington firm, recalled over 82,000 pounds of beef products on Friday.  The recall was initiated after the Washington State Department of Health determined that the products were likely produced using non-potable water.  According to a recall release by the United States Department of Agriculture's Food Safety and Inspection Service:

The beef products subject to recall were shipped in bulk for further processing and may have been sold under different retail brand names in the affected states. Consumers should check with their local retailer to determine whether they may have purchased any of the products subject to recall.

The list of recalled products can be accessed on the FSIS Web site here:  http://www.fsis.usda.gov/News_&_Events/Recall_028_2007_Release/index.asp

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Newsinferno.com added a post titled, "CDC, FDA, ConAgra or Peter Pan himself, Who’s to Blame for the Underreporting of Sickening and Potentially Deadly Salmonella & E-Coli Food Poisoning Cases?" which offers an interesting discussion on foodborne illness outbreaks.  

The federal agency responsible for insuring food safety was also been taken to task for its role in the incident. In April 2007, the Washington Post published documents proving that the FDA, as well as ConAgra, knew of contamination problems at the plant as far back as 2004. The agency took few corrective measures, assuming that ConAgra would address the situation itself. ConAgra apparently did little to nothing to fix the problem.

And this was not the first time the FDA knew about food safety problems but did little to correct them. The Post article also cited evidence that the agency had been aware of problems with contaminated spinach and other California greens as far back as 1995. In the fall of 2006, hundreds of people were sickened and three were killed after contracting e-coli from contaminated California Spinach.

Critics say that under-funding and a lack of trained inspectors at the FDA have left the nation’s food supply in a perilous condition. A congressional fact sheet published by Henry Waxman (D-Calif) in 2006 said funding for the FDA fell short by $135 million. The number of scientists employed by the FDA’s food division dropped from 1,000 to 800 in the past three years. This decrease in personnel and the ongoing budget cuts have overwhelmed the agency, greatly impacting its ability to watch over the food supply. The results of this shortfall are apparent — according to the CDC, contaminated foods cause 325,000 hospitalizations and 5,000 deaths each year.

Maybe Newsinferno.com will post about the recent E. coli outbreaks traced to ground beef and include USDA in its next analysis.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

E. coli outbreaks and the discovery of E. coli contamination in ground beef and other meat products have resulted in a number of recalls in recent months (see E. coli Attorney:  Recent outbreaks traced to meat products 'cause for concern').  In particular, United Food Group has recalled hundreds of thousands of pounds of ground beef products for E. coli contamination.  At least 14 people have been confirmed ill with E. coli O157:H7 infections after eating UFG ground beef. 

And while much of the nation, from California to Washington to Minnesota and Michigan, is focused on E. coli in ground beef, North Carolina health officials are trying to determine the source of an E. coli outbreak at a restaurant.

After last year's E. coli outbreak traced to spinach and Salmonella outbreak traced to peanut butter, we are reminded that E. coli contamination in ground beef is still a threat to public health.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

SEATTLE, WA (May 17, 2007) – Food safety is a hot topic these days. The New York Times and Wall Street Journal ran stories on the subject on Wednesday, May 16th, and CNN is airing a special on food safety both Saturday and Sunday, May 19th and 20th.

Most media attention geared toward food safety in recent months has focused on foodborne illness outbreaks traced to contaminated spinach, lettuce, and peanut butter. But Bill Marler, a Seattle attorney who exclusively represents victims of foodborne illness, says that dangers presented by contaminated meat products should not be forgotten or overlooked.

In the last two weeks, Minnesota, Wisconsin, and Michigan residents have been stricken with E. coli after eating contaminated ground beef. “It’s almost official grilling season, and although the meat industry has done a tremendous job of cleaning up and reducing the number of E. coli outbreaks traced to ground beef, E. coli contamination in meat products is a real danger,” Marler said.

Marler, who was recently retained by a Minnesota woman who became ill after eating E. coli-contaminated ground beef produced by Minnesota company PM Beef Holdings, has represented victims of E. coli outbreaks traced to ground beef, steaks, apple and orange juice, lettuce, spinach, sprouts, cantaloupe, and other foods. Marler’s firm, Marler Clark, currently represents over 100 victims of last year’s E. coli outbreaks traced to spinach and lettuce, nearly 5,000 victims of the recent Salmonella outbreak traced to contaminated peanut butter, and several victims of an E. coli outbreak traced to ground beef served at a church picnic in Longville, Minnesota, last summer, including the family of a woman who died.

“I think people will be shocked with what they learn from watching the CNN special,” Marler added. “Americans like the people featured in the special shouldn’t have to learn the hard way that the food supply isn’t as safe as they think it is. We should be able to trust that we’re putting on our tables and feeding our families is pathogen-free before it ever reaches our homes.”

Marler, a food safety advocate, recently joined clients on a trip to Washington, DC, where they participated in a hearing titled, “Diminished Capacity: Can the FDA Assure the Safety and Security of the Nation's Food Supply?” He spends several days per month traveling around the country speaking on topics related to food safety and foodborne illness litigation through a non-profit consulting firm, OutBreak.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

An article on HOI.com titled, "E. coli and Friends," gives a good description of several foodborne pathogens featured at www.foodborneillness.com.  Reporter Jen Christensen profiles E. coli, Salmonella, Campylobacter, and Listeria, and describes how health officials determine which pathogen is responsible for illness:

Tracking Down the Culprits

When stomach symptoms occur, people tend to attribute the cause to a “bug” rather than food. Clues suggesting a possible foodborne pathogen include severe symptoms and having more than one person is affected – especially if the symptoms occur in several families. A physician may contact the local health department to determine if other cases have been reported. In addition, stool samples may be sent to a lab for testing.

It can take quite a bit of detective work to track down a source of foodborne illness. Not everyone who eats a contaminated food product gets sick (typically the very young, very old, patients with chronic medical conditions and those with weak immune systems are most susceptible). The severity of symptoms may also vary.

Health officials gather data on patient characteristics, how long they have been sick and places they may have visited days before the onset of illness. Hopefully, common traits will begin to emerge, such as “everyone ate at the same restaurant” or “ate the same food.” Suspect food items may be tested for the presence of bacteria or toxins. As more clues emerge, experts may be able to narrow down or pinpoint the source of the problem. In some cases (as with the peanut butter/salmonella link recently), an investigation may lead to an extensive recall of a particular food item.

The E. coli Reference Center at Penn State University is the nation’s largest repository for E. coli strains, holding more than 70,000 strains collected over the last 40 years. The bacteria are frozen to enable researchers to study and track changes or genetic mutations that may make the illness more difficult to treat. Older samples are stored at room temperature in “slants,” or test tubes containing a solid growth medium to preserve the culture. The lab can also test a current sample for the bacteria and look for genes associated with those causing the most serious illness.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The USDA is expected to announce today whether 20 million chickens who were fed melamine-contaminated feed are to be released into the US food supply.  Bloomberg News reported on USDA's investigation and decision-making process:

The U.S. Department of Agriculture said it is keeping as many as 20 million chickens from slaughter this weekend as officials investigate whether the birds were given tainted feed.

The chickens are in several states on farms contracted to ``large commercial operators,'' USDA spokesman Keith Williams said today in a phone interview. The chickens are being voluntarily held until at least May 7 while the USDA, the Food and Drug Administration and the Environmental Protection Agency decide whether they are safe for eating.

The chickens received feed believed to be tainted with melamine, an industrial chemical that has been found in wheat gluten imported from China, Williams said. The contaminated feed has been connected to the deaths of at least 14 pets and caused the quarantine of hog farms in six U.S. states this year.

Pet food contaminatin and the FDA's creation of a new position - assistant commissioner for food protection, or what has been dubbed "Food Safety Czar," have both been widely discussed in food safety circles, as well as on editorial pages of newspapers like the New York Times and the Seattle Times.
 
In today's New York Times, the editorial board focuses on pet food contamination and the need for government action to ensure the safety of imported food:

As the global trade in foodstuffs expands, the Food and Drug Administration must be given more legal authority, money and inspectors to ensure the safety of imported foods. It would be even more tragic if the next episode were to kill thousands of people before being detected and contained.

It now looks as if two Chinese companies sold wheat gluten and rice protein spiked with an industrial chemical, melamine. Their apparent goal was to cut costs. Last week the F.D.A. rushed to upgrade its food safety programs, creating a new position — assistant commissioner for food protection — and naming a respected scientist to fill it. That should focus needed attention on a subject that often seems secondary in an agency straining to regulate drugs and medical devices. But not much will change until Congress provides money and legal authority to police foreign producers.

The Seattle Times editorial board focused more on the Food Safety Czar and on upcoming legislation:

This week, the FDA established a new position — assistant commissioner for food protection. The first task for David Acheson, a physician who has researched food-borne pathogens extensively, is crafting a strategy to ensure food safety and defend the food system from people who would deliberately try to compromise it.

The U.S. Senate also this week approved a provision by Sen. Dick Durbin, D-Ill., to strengthen the food-safety system. The amendment to a Food and Drug Administration reauthorization bill would establish an early-notification system for food problems, increase inspections of foreign imports and create a database to help spot patterns needing investigation.

Imports aren't the only challenge. During the past year, hundreds of people were sickened by salmonella in peanut butter and by E. coli in organic spinach. At least five people died between the two cases. A surveillance system might have noticed earlier the pattern of problems in the Central California area where the spinach was produced.

Senator Durbin has also introduced the Safe Food Act of 2007, which is the focus of a blog post at The Ethicurean, where it is stated that: 

The Safe Food Act calls for the creation of a single cabinet-level Food Safety Administration with a singular mission: safe food. The bill aims to increase the frequency of inspections of food processing plants, create a method to trace food ingredients to their points of origin, and to step up monitoring of food imports. Unlike the current FDA, the administration will have the power to order mandatory recalls of unsafe foods.

More food safety discussions are occuring across the country.  The Atlanta Journal-Constitution asked its readers whether they wash fruits and vegetables before eating them.  Answers to the question have been posted on the AJC Web site.  The LA Times reported on Los Angeles County's attempt at requiring food handlers to be vaccinated against hepatitis A, pointing out that, "The county cannot legally require food workers to be vaccinated against hepatitis A," but noting that the state of California has the legal authority to put such a requirement in place.  And the Bioblog posted recently about the debate over whether grass-fed beef produce E. coli.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Maine meat processor is recalling products due to potential E. coli contamination.  According to a Maine Department of Agriculture press release:

The Maine Department of Agriculture, Division of Quality Assurance & Regulations, announced today that Bubier Meats, located in Greene, Maine, is voluntarily recalling approximately 1,936 pounds of beef products because they may be contaminated with fecal material and other contaminants.

The problem was discovered through HACCP verification tasks and visual observations performed on April 30 and May 1. An audit was then conducted on the HACCP records correlating with theses dates and it was discovered that approximately 1,936 pounds had been released into commerce in Maine.

Fecal contamination is a direct source of possible E. coli 0157:H7, a potentially deadly bacterium that can cause bloody diarrhea and dehydration. The very young, seniors, and persons with compromised immune systems are the most susceptible to food-borne illness.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In an article titled, "The Feds are Still Looking for the E. coli," Salon.com writer Michael Scherer discusses two recent E. coli outbreaks - one in Pennsylvania and one in California.  In Scherer's article, he focuses on USDA's attempts to find the source of an E. coli outbreak, and its inability, or unwillingness, search beyond a final meat processor to a supplier or slaughterhouse "upstream".

The two separate E. coli outbreaks subsequently demonstrated both the strengths and ongoing weaknesses of the troubled federal food safety system, which has been under recent scrutiny because rising rates of E. coli sickness. Within weeks, nationwide recalls were announced for nearly 400,000 pounds of meat, and two local meat-processing facilities were temporarily shuttered. But federal food safety inspectors have not yet been able to track down the original slaughterhouses that probably caused the outbreak, leaving open the possibility that more contaminated food is still in the food system. Meanwhile, smaller meat-processing firms that are probably blameless bear the financial brunt of the recalls.

Scherer interviewed Bill Marler and John Munsell, both key players in the ConAgra E. coli outbreak in 2002, about USDA's traceback abilities. 

The current problems can be traced to USDA regulations first put into place in 1994. Under those rules, small meat processors who mechanically tenderize or grind USDA-approved beef from outside slaughterhouses became legally responsible for any "adulterants" like E. coli in the final product. "Whoever grinds it gets stuck with the problem," explains Bill Marler, a Seattle trial lawyer who specializes in food poisoning cases. "If the product has E. coli on it, they are on the hook. It is an unfair situation."

The rules have resulted in inspectors who have historically shown little interest in finding the source of the contamination, with sometimes disastrous results. In 2002, E. coli-contaminated beef from a ConAgra slaughterhouse in Greeley, Colo., sickened 46 people in 16 states and killed a woman in Ohio. But months before most of the illnesses became apparent, two small meat processors, including a plant run by Munsell, received positive tests for E. coli from boxed beef that had been sent from the Greeley plant. Federal meat inspectors blamed the processing plants and initially refused to trace the contamination back to its source. "Existing policy stated that the grinders should be held accountable for ensuring the product that they purchased was wholesome," explained the USDA's inspector general in a damning report about the incident. "FSIS was slow to react."

Marler has commented on USDA's recall abilities and its partnership with the meat industry several times, including his essay titled, "E. coli and the Church Picnic," which is posted at his blog, and an Associated Press article titled, "USDA withheld information from state in E. coli investigation," an excerpt of which is also poted at marler's blog.

• Email This
• Print
• Comments (4)
• Trackbacks
• Share Link

Marler Clark attorney Bill Marler is traveling to Washington, DC today to support victims of three recent foodborne illness outbreaks as they give testimony before the House Committee on Energy and Commerce's Subcommittee on Oversight and Investigations.  Marler provided written testimony for the subcommittee, highlighting eight steps he feels could greatly improve food safety.  They are:

1. There exist two “best practices” in meat that should be extended to produce. Following the Jack in the Box crisis, the head of the USDA’s Food and Safety Inspection Service took a regulatory and systems approach to food safety. That “hero” was Michael Taylor. Taylor declared that raw ground beef that is contaminated with E. coli would be classified and treated as “adulterated” within the meaning of the Federal Meat Inspection Act. Taylor also introduced a mandatory Risk Management System. The required meat processors to adopt comprehensive precautions. Those included carcass washes, citric acid sprays, steam pasteurization and air-exchange systems. Following Taylor’s example, we must serve notice to produce and other food processors that E. coli, salmonella, etc. will be classified and treated as adulterants. In addition, the same kind of comprehensive Risk Management System must be established and implemented. Penalties must be criminal and civil. When these best practices are adopted, firms will have to certify that not only they, but that every aspect of their supply chain, also are in compliance. Branding can and should reflect this certification of both the firms and their suppliers. This would be a new kind of “Seal of Approval.” This “Seal of Approval” can also apply to such issues as the location of produce fields near animal farms, what kinds of procedures are used, and the method of irrigation as well as the type of water used.
   
2. We need the same kind of food safety champion that Taylor was. This person would be a highly visible symbol of our commitment. Along these lines, it is useful to consider consolidating responsibility in one federal-level agency. That would be the central point for communication about best practices and the point of contact for state and local regulators and health departments.
   
3. The track record of business for issuing warnings and recalls rapidly isn’t good. The federal and state governments should have authority to recall food products. That means increased funding, particularly at the state level. Most outbreaks are regional, not national.
   
   
4. Produce an E. coli vaccine for cows. I would say that the lion’s share of produce problems result from this contaminant passed on through cow feces.
   
   
5. The nation requires education about the benefits of irradiation of all mass-produced food including produce. Resistance to this practice seems to be rooted in public perception, not science.
   
   
6. Attention has to be paid to the vulnerability of our food supply system to acts of terrorism. Denial and lack of common sense seem to dominate thinking at all levels – business and federal and state government.
   
   
7. Why haven’t we applied our economic and political muscle to imposing more stringent regulations on food imports? This is a central trade issue that has been neglected.
   
   
8. There’s an urgent need to improve the resources available to foodborne disease victims. At the top of the list are the out-of-pocket medical costs. Those are usually not immediately or even eventually reimbursed by medical insurance if victims have coverage. By time compensation comes from litigation, individuals are sometimes heavily in debt. Next on the list is the expense of missing work. Marler Clark has been encouraging food processors and retailers to provide this help as a gesture of goodwill.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On March 23, 2007, The California Department of Health Services and the United States Food and Drug Administration released its report, "Investigation of an Escherichia coli O157:H7 Outbreak Associated with Dole Pre-Packaged Spinach (redacted)." (PDF) and, "Recommendations in follow up to the Investigation of an Escherichia coli O157:H7 Outbreak Associated with Dole PrePackaged Spinach." (PDF) The report and recommendations follow the 2006 E. coli outbreak that was traced to pre-packated Dole spinach that was produced in California's Salinas Valley and sold nationwide.

• Email This
• Print
• Comments
• Trackbacks (1)
• Share Link