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.

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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

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The USDA announced Tuesday that ground beef patties distributed to schools had been recalled for contamination with Listeria monocytogenes.  According to the USDA recall announcement:

The Maramont Corporation, a Brooklyn, N.Y, firm, is voluntarily recalling approximately 88 pounds of a beef patty product that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The following product is subject to recall:

* 2-oz packages of "BROILED BEEF PATTY (MICROWAVE)." The products were individually packaged and delivered from 17.25-pound cases. Each case label bears a lot code of "07352" and product number "2801." Each case label also bears the establishment number "EST. 5370" inside the USDA mark of inspection.

The beef patty products were produced on Dec. 18 and distributed on Dec. 19 to schools in the Jersey City, N.J., area.

It is believed that ingestion of as few as 1,000 cells of Listeria bacteria can result in illness. After ingestion of food contaminated with Listeria, incubation periods for infection are in the range of 3 to 70 days, usually 4 to 21 days.

Five days to three weeks after ingestion, Listeria has access to all body areas and may involve the central nervous system, heart, eyes, or other locations. Fetuses of pregnant women are particularly vulnerable to the Listeria bacterium. A person with listeriosis usually has fever, muscle aches, and gastrointestinal symptoms such as nausea or diarrhea. If infection spreads to the nervous system, symptoms such as headache, stiff neck, loss of balance, confusion, obtundation or convulsions can occur. With brain involvement, listeriosis may mimic a stroke.

Infected pregnant women ordinarily experience only a mild, flu-like illness; however, infection during pregnancy can lead to miscarriage, infection of the newborn, or even stillbirth. The perinatal and neonatal mortality rate is 80%.

Human cases of Listeria 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. With the increase of the numbers of immunocompromised people, the risk multiplies. The fact that Listeria is a disease easily transmitted from mother to fetus through the placenta is worrisome to an expectant mother, especially since pregnant women themselves rarely show outward signs of such a devastating infection.

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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."

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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.

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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.

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