Food Poisoning Lawyer & Attorney : Marler Clark : Marler Blog

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.  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.

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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.

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Tonight at 10:00: hundreds of millions of pounds of beef have been recalled over the last several years. Is the meat we eat, safe? Several recalls were for meat processed in Milwaukee. TODAY’S TMJ4 sent requests for federal inspection reports. The reports we got show problems at one part of Cargill's big operation in Milwaukee. We showed those inspections to people who closely watch the food industry, and they had plenty to say about food safety. Tonight, live at 10:00, you'll see exactly what the federal documents show, and you'll hear from a woman who got E. coli from tainted meat processed in Wisconsin.

“A lot of the problems that you see with respect to cleanliness, with respect to potential contamination problems, were things that were not just something that happened on a particular day, but as you can tell from the documents, some of the problems were long standing,” Attorney Bill Marler said.

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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.

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Another hepatitis A case with a possible link to a Chipotle restaurant in La Mesa has been confirmed, bringing the number to 21, the San Diego County Health and Human Services announced Tuesday.  We filed suit today on behalf of 1 of the 21 today.

 Hepatitis A is commonly spread through fecal contamination due to poor hygiene.  Exposure can also occur when someone consumes food or water contaminated with the hepatitis A virus.  Symptoms of the disease include fever, fatigue, loss of appetite, nausea, abdominal discomfort, dark urine and jaundice.  We are or have been involved in representing families and children who have suffered from this virus:

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

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After months of attempting to resolve these cases without litigation, after five days of mediation with no resolution, we filed suit against Wendy’s (perhaps now Arby’s) in Salt Lake City Federal Court on behalf of two victims who suffered severe hemolytic uremic syndrome (HUS).  We did settle with Wendy’s insurance companies several other claims of stool-culture positive victims.

As you might recall, 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.  A final report was issued.  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.  See also "Women sue Wendy's for E. coli poisoning in 2006."

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A lawsuit was filed today against Chipotle Mexican Grill, Inc., in San Diego County Superior Court for the recent hepatitis A outbreak linked to a La Mesa Chipotle restaurant.  Terry Wesley, the plaintiff, became infected with hepatitis A after eating in March and April at the Chipotle Grill on Fletcher Parkway in La Mesa, California.  Mr. Wesley is represented by Marler Clark, a Seattle law firm dedicated to representing victims of food borne illness, and Keeney, Waite, & Stevens, a San Diego area firm.  The lawsuit states Mr. Wesley developed symptoms of hepatitis A virus (HAV) infection on April 24, 2008 and required medical attention on April 25 and May 2, when his blood tested positive for hepatitis A. He remains ill and has not been able to return to work.

In late April 2008, San Diego County health officials announced that a number of HAV infections had been traced to the restaurant, located at 8005 Fletcher Parkway in La Mesa. Officials advised customers who had eaten at the restaurant between March 1 and April 22 that they might be at risk for infection.  As of May 1, twenty people who ate at the La Mesa restaurant have tested positive for HAV infection.  Four of those victims have contacted Marler Clark for assistance with their cases. 

Hepatitis A is a food borne virus that can be passed by infected food handlers to consumers.  The virus attacks the liver, and symptoms can include nausea, vomiting, abdominal cramps, dark urine, fever, chills, fatigue, body aches, loss of appetite, and later on, jaundice. In extreme cases, liver failure can result.  The virus has a long incubation period, and symptoms may not appear for fifteen to fifty days.  San Diego health officials continue to urge anyone who ate at the Chipotle Grill during the infection window (5/1/08-4/22/08) to get tested for Hepatitis A.

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San Diego California

County health officials reported today another person who contracted hepatitis A from possibly eating at a Chipotle Mexican Grill restaurant in La Mesa. The new case brings the number of people linked to the exposure at the restaurant to 20, eight women and 12 men, according to the San Diego County Health and Human Services Agency.

Princeton New Jersey

Authorities have now confirmed 10 cases of salmonella at Princeton University. Health officials are investigating 73 other cases of stomach problems at the Ivy League school that may be related to the bacteria. The university has also closed food stations within some dining facilities that relied heavily on certain produce and meat products.

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