Marler Blog - Providing commentary on food poisoning outbreaks & litigation

Marler Clark has seen an increase in business recently, and in light of the current E. coli outbreak in Minnesota, I think that increase might be courtesy of the United States Department of Agriculture. This is the agency that is responsible for, among other things, testing ground beef to ensure that the consuming public has a product free from E. coli O157:H7. What the agency has done, however, is slowly but surely erode the very testing mechanisms and requirements that are our protection against this lethal foodborne bacterium.

The Minnesota Department of Health (MDOH), which was instrumental in detecting last fall's large-scale outbreak involving Dole lettuce, recently reported that at least seventeen Longville-area people have been confirmed to be suffering from E. coli infections in the last six weeks. The illnesses were caused by E. coli-contaminated ground beef. One woman died as a result, and the MDOH suspects that the number of victims is likely more than thirty. Additionally, meat companies from Georgia, Maryland, Tennessee, and Virginia have all recalled E. coli-contaminated ground beef in the last month. To its credit, USDA testing was responsible for three of these recalls.

But with a bug as dangerous as E. coli O157:H7, the USDA cannot be satisfied with the occasional recall. It has both the technology and capability to do much more to prevent E. coli from entering our meat supply.

Lois Collins of the Deseret Morning News has reported more on the Wendy's outbreak:

Wendy's restaurant chain is being sued by a Weber County family after the Weber-Morgan Health Department identified a North Ogden Wendy's as the probable link in four confirmed E. coli infections in June.

Seattle law firm Marler Clark and Salt Lake attorney Todd Gardner of Bateman Goodman and Gardner filed the lawsuit Friday in Weber County District Court on behalf of William and J. Corey Cohron and their two sons.

According to William Marler, the complaint seeks "compensation for the family's significant medical-related expenses, economic losses, pain and suffering and emotional distress."

The complaint filed by Marler Clark says that Corey Cohron ate a Wendy's salad at the conference and later became ill with symptoms of E. coli infection, including diarrhea. Other family members subsequently developed symptoms as well, most of them not requiring medical treatment. But Wil Cohron, 7, suffered severe infection and was taken to an emergency room July 12. He was in the hospital for two days. He later was rehospitalized and tested positive for E. coli.

Marler Clark today filed a lawsuit against Wendy's, the Dublin, Ohio-based restaurant chain whose North Ogden, Utah, restaurant was traced as the source of an E. coli O121:H19 outbreak in late June, 2006. Marler Clark filed the lawsuit on behalf of Weber County residents William and J. Corey Cohron and their two young sons. The complaint, which was filed in Weber County Superior Court, seeks compensation for the family's significant medical-related expenses, economic losses, pain and suffering, and emotional distress. Todd Gardner, a partner in Bateman Goodwin & Gardner, is serving as local counsel on the case.

The below is the Press Release directly from the Weber-Morgan Health Department. Although the vector of the illnesses seems to be lettuce, it is most likely that the cause was not directly lettuce, but cross-contamination between hamburger and lettuce - See earlier post Another Wendy's E. coli Outbreak?

PRESS CONFERENCE RELEASE

Weber-Morgan Health Department (Utah)
AUGUST 7, 2006
Infectious Agent: E. coli O121:H19

The Weber-Morgan Health Department confirms that four people have contracted an E.coli O121:H19 infection with three of these people developing the more severe case of hemolytic uremic syndrome (HUS). Based upon the findings of our investigation, we have concluded that the probable source of the contamination was iceberg lettuce prepared at the Wendy's Restaurant at 2500 N. 400 E. in North Ogden.

A story by Reed Cowan of ABC4 finally named Wendy's as the source that exposed 100 people to E. Coli at convention. From the article:

An E. Coli outbreak in North Ogden has health department officials pointing fingers at a Wendy's fast-food restaurant.

It happened in June when some three hundred educators were attending a conference at a junior high in Harrisville. One of the days Wendy's catered the event. The health department investigation concluded that iceberg lettuce from Wendy's was the common denominator in three confirmed cases and a number of other unconfirmed cases.

A Wendy's representative told ABC 4 News, "We are very saddened that apparently people got sick eating the lettuce from one of our restaurants. When situations arise we will always do the right thing for our customers."

Gwen Hadley with the Weber Morgan Health Department told ABC 4 News one of the victims became so ill she couldn't speak. However, officials say the illnesses and infections have run their course and there is no risk of further infection.

In the last few weeks Marler Clark has been contacted by victims, mostly parents of young children, of E. coli O157:H7. The food they consumed is primarily hamburger, but lettuce has also been implicated. Four recalls of E. coli O157:H7 contaminated meat have also been announced in the last month. There are at least two outbreaks in Utah. To borrow from Buffalo Springfield, "Something's happening here, what it is ain't exactly clear." Some of the recent recalls are:

TENNESSEE FIRM RECALLS GROUND BEEF FOR POSSIBLE E. COLI O157:H7 CONTAMINATION

August 5, 2006 - Southeastern Meats, a Chattanooga, Tenn., firm, is voluntarily recalling approximately 4,337 pounds of ground beef that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

TEXAS FIRM RECALLS GROUND BEEF FOR POSSIBLE E. COLI O157:H7 CONTAMINATION

August 4, 2006 - Plains Meat Company, LTD., a Lubbock, Texas, firm, is voluntarily recalling approximately 13,078 pounds of ground beef products that may be contaminated with E. coli O157:H7.

GEORGIA FIRM RECALLS GROUND BEEF FOR POSSIBLE E COLI O157:H7 CONTAMINATION

July 31, 2006 - Ray's Wholesale Meats, a White, Ga., firm, is voluntaryily recalling approximately 120 pounds of ground beef that may be contaminated with E. coli O157:H7.

MARYLAND FIRM RECALLS GROUND BEEF FOR POSSIBLE E. COLI O157:H7 CONTAMINATION

July 17, 2006 - George G. Ruppersberger & Sons, Inc., a Baltimore, Md., firm, is voluntarily recalling approximately 315 pounds of ground beef that may be contaminated with E. coli O157:H7.

The following Press Release was issued today, This is not the first such release that we have seen over the last dozen years.

Classic Salads of Salinas, CA is voluntarily recalling 4lb., 2lb. and 10 oz. Baby Spinach and 4lb., 3lb., 1.5lb., Spring Mix, because it has the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain 12 to 72 hours after infection. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

Baby Spinach/Spring Mix was distributed nationwide, as well as Canada and Japan, to foodservice, institutions and distributors.

Classic Salad's Baby Spinach and Spring Mix are packed in clear plastic bags with a stamped Lot Code number of 1502XXX indicating that it was processed on July 24th, 2006. Master cartons bear the "Classic Salads", "Classic Choice", "Classic Greens", "Sir Lancelot", "Taste of the Valley", "US Fresh" and "Valley Gold" labels and a Pallet ID Number is stamped in black ink on the exterior of the carton that is unique to each pallet. Baby Spinach pack sizes include: 4lb., 2x2lb., 12x10oz. Spring Mix pack sizes include: 5x3lb., 4x3lb., 3lb., 3x1lb., 2x1.5lb., 12x7oz.

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.