Possible E. coli Source Found
Interesting video from CBS Evening News about the likely source of the E. coli that has sickened nearly 200 Americans - WATER:http://www.cbsnews.com/sections/i_video/main500251.shtml?id=2054114n
Interesting video from CBS Evening News about the likely source of the E. coli that has sickened nearly 200 Americans - WATER:http://www.cbsnews.com/sections/i_video/main500251.shtml?id=2054114n
Food illnesses decline, CDC reports
Marilynn Marchione, a medical writer for the Associated Press, reports that despite the recent E. coli spinach outbreak, food may be safer now than at any other time in the last decade, with illness occurring at record-low rates, according to new federal statistics:
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Consumers get part of the credit, for handling food more safely at home, but experts say the biggest improvement came from better industry controls and inspections.
"The food is actually cleaner to begin with," said Dr. Robert Tauxe, top food scientist at the federal Centers for Disease Control and Prevention. Certain germs have dramatically declined, and "that to me is really solid progress."
However, the trend could reverse in coming years if fruit and vegetable growers do not address problems like those that led to the spinach scare, Tauxe and others said.
"The meat and poultry industry has made great strides. The produce industry has a long way to go to catch up," said Michael Doyle, a microbiologist who heads the University of Georgia's Center for Food Safety.
US FDA says spinach safe but has bigger concerns
I knew this moment would be coming (SPINACH IS SAFE), but frankly, I thought it would be after the conclusion of an investigation, with conclusions and reforms. I find it perplexing, if not shocking, that Dr. Acheson, for who I have great respect, would simply say all is clear without knowing why this outbreak happened and what we can do to prevent the inevitable next one - if history is any guide. See my earlier post on past outbreaks tied to lettuce and spinach in the Salinas Valley. Dr. Acheson's statements in this Reuters article should cause us all grave concerns about consuming bagged spinach and lettuce:
"The spinach that is going to come on to the market next week or whenever is going to be as safe as it was before this outbreak," Acheson said....Acheson said food growers and processors will have to change some of their practices, although it is not yet clear which ones.
5 BAGS OF DOLE SPINACH LINKED TO OUTBREAK
More "smoking" bags of DOLE spinach. Great job to Health Departments across the country for taking the time to test this material for E. coli O157:H7. Hopefully, it will help link to where in the chain of distribution DOLE's product became contaminated. However, make no mistake, wherever the product became contaminated, DOLE and Natural Selections remain legally obligated to take care of its customers that have been sickened or died. Frankly, the entire bagged lettuce and spinach industry are morally responsible for these injuries and finding the solution to this repeated crisis (See my earlier post on past bagged spinach and lettuce outbreaks).
FROM WISCONSIN AP:
Two bags of spinach collected from E. coli patients in Wisconsin are linked to the national outbreak of the disease, state health officials said. The match of the Dole Food Co.-brand baby spinach was confirmed by DNA testing, the state Department of Health and Family Services said.
Three other bags of the Dole spinach -- found in Utah, New Mexico and Pennsylvania -- have also been linked to the E. coli strain. Each was processed during the same shift on Aug. 15 at a Natural Selection Foods plant in San Juan Bautista, Calif.
Tracing the tainted greens back to the individual fields is difficult because the product of different growers is mixed before being packaged.
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FROM WISCONSIN AP:
Two bags of spinach collected from E. coli patients in Wisconsin are linked to the national outbreak of the disease, state health officials said. The match of the Dole Food Co.-brand baby spinach was confirmed by DNA testing, the state Department of Health and Family Services said.
Three other bags of the Dole spinach -- found in Utah, New Mexico and Pennsylvania -- have also been linked to the E. coli strain. Each was processed during the same shift on Aug. 15 at a Natural Selection Foods plant in San Juan Bautista, Calif.
Tracing the tainted greens back to the individual fields is difficult because the product of different growers is mixed before being packaged.
Survival means sometimes fixing the problem and saying you are sorry - the response
On September 25, I posted Survival means sometimes fixing the problem and saying you are sorry; On September 20, I called on the spinach and lettuce industry to step up and pay victims medical bills and wage losses as a first step to helping these families and in saving their industry. The Press Conference to be held today at 1:00 PST will be interesting to watch.
Natural Selection Foods Media Briefing
WHO: Charles Sweat, Chief Operating Officer, Natural Selection Foods
Mansour Samadpour, Ph.D., Food safety expert, microbiologist
Gary Ades, Ph.D., Food safety expert, microbiologist
WHAT: Natural Selection Foods (NSF) will conduct a briefing for media about the national outbreak of e coli contamination in spinach, including:
1:00 PM Pacific Daylight Time
WHERE: Plaza adjacent to Old Mission San Juan Bautista
406 Second Street
San Juan Bautista, CA 95045
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Natural Selection Foods Media Briefing
WHO: Charles Sweat, Chief Operating Officer, Natural Selection Foods
Mansour Samadpour, Ph.D., Food safety expert, microbiologist
Gary Ades, Ph.D., Food safety expert, microbiologist
WHAT: Natural Selection Foods (NSF) will conduct a briefing for media about the national outbreak of e coli contamination in spinach, including:
- NSF will share lab test results of its production and distribution facilities in San Juan Bautista
- NSF will discuss plans to enhance field inspections to improve food safety
- NSF will discuss steps the company is taking to work with federal and state officials on the ongoing investigation and the outreach to affected patients
1:00 PM Pacific Daylight Time
WHERE: Plaza adjacent to Old Mission San Juan Bautista
406 Second Street
San Juan Bautista, CA 95045
When the WSJ says something good about a lawyer:
How a Tiny Law Firm Made Hay Out of Tainted Spinach
By HEATHER WON TESORIERO and PETER LATTMAN
September 27, 2006; Page B1
Before health officials warned the public about bad spinach, before grocers yanked fresh spinach off their shelves, before consumers cleaned out their refrigerators, the Seattle law firm Marler Clark had filed its first bad-spinach lawsuit.
Then, as word of the bacteria outbreak began to spread this month, lawyers at the firm posted messages on the firm's E. coli blog, www.ecoliblog.com. They reached out to reporters and waited for the calls and emails to stream in. Now Marler Clark is representing 76 clients. Bill Marler, a 49-year-old partner in the firm, tracks them with Post-it Notes on a U.S. map hanging in his office.
This latest outbreak of E. coli isn't the biggest food catastrophe in recent years, in terms of the number of cases, but it is significant for its geographic reach. Extending far beyond just one restaurant or company, it has reared its head in 26 states and Canada and prompted a massive recall of fresh spinach. As of last night, it had affected 183 people and resulted in 95 hospitalizations, one death -- and five lawsuits filed by Marler Clark clients.
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By HEATHER WON TESORIERO and PETER LATTMAN
September 27, 2006; Page B1
Before health officials warned the public about bad spinach, before grocers yanked fresh spinach off their shelves, before consumers cleaned out their refrigerators, the Seattle law firm Marler Clark had filed its first bad-spinach lawsuit.
Then, as word of the bacteria outbreak began to spread this month, lawyers at the firm posted messages on the firm's E. coli blog, www.ecoliblog.com. They reached out to reporters and waited for the calls and emails to stream in. Now Marler Clark is representing 76 clients. Bill Marler, a 49-year-old partner in the firm, tracks them with Post-it Notes on a U.S. map hanging in his office.
This latest outbreak of E. coli isn't the biggest food catastrophe in recent years, in terms of the number of cases, but it is significant for its geographic reach. Extending far beyond just one restaurant or company, it has reared its head in 26 states and Canada and prompted a massive recall of fresh spinach. As of last night, it had affected 183 people and resulted in 95 hospitalizations, one death -- and five lawsuits filed by Marler Clark clients.
Area woman made ill by tainted spinach is suing
The Rochester Democrat and Chronicle has reported on a spinach lawsuit filed in Rochester in U.S. District Court late Tuesday afternoon on behalf Patricia Ann McCoy of Pittsford, who got sick after eating a bag of Dole brand baby spinach she bought from Martin's Super Food Store in Perinton on or about August 21.
This suit was filed today by Paul Nunes (aka Vincent), likely the best lawyer in Rochester. We at Marler Clark are honored that he would ask us to help on the case.
Survival means sometimes fixing the problem and saying you are sorry
Last week we got a hint that the spinach industry feels that spinach is safe - well OK, not from three counties in California. But, how can the consuming public be sure of that? Also, when Salinas product does try to make it back on the market, how can the spinach industry in the Salinas Valley of California can assure us that the inputs to bagged spinach are safe – wait, remind me again why lettuce is safe – given that Salinas lettuce (head and bagged) has been implicated in more outbreaks than spinach, and is grown in the same area, with the same water, workers and processes?
So, really what is the industry as a whole, workers, growers, shippers, processors, industry groups and retailers – from “farm to table” going to do? Although Natural Selection, the manufacturer of some of the contaminated product, and DOLE the owner of the label that consumers trusted, are in my legal cross-hairs, this is an industry problem that demands an industry solution. If the industry leaves Natural Selection and DOLE “swinging in the wind,” eventually, perhaps not now, but in the next E. coli outbreak, instead of “hanging together” now, they will “hang separately now” and “hang separately later.” Of course the Western Growers Association have a plan, but it may look like a rehashing of old programs that should have been followed in the first place.
So, will the industry simply let Natural Selection and DOLE twist, or will the industry come up with a solution so this does not have to happen again? How is the industry going to make the public know that the product that they claim to be good for you will in fact not kill you? Here are some simple steps to fix the problem and get the spinach and lettuce industry back to work:
1. Implementation - The industry needs people on farms, who know farms, providing producers with information on risk reduction; individuals who are passionate about the production of safe food, and who can share that passion and knowledge with individual farmers.
2. Verification - Farmers and processors need to demonstrate to consumers they are aware of microbial risks and are taking serious steps to reduce that risk, day-in, day-out, even in the absence of an outbreak. Regulatory or even third party-audits are largely meaningless. Audits are snapshots, and auditors look for easily viewed visual mistakes and do little to look at what a farmer or staff member does. Just like restaurant inspections audits are not a good indicator of likelihood of an outbreak. Farmers need food safety resources 24/7 to help guide their production practices, and they need those best practices continually reinforced; an annual audit is hopelessly insufficient, especially since outbreaks keep happening from processors that are audited.
3. A proactive Communication program - Talk about real risks, talk about real outbreaks, with farmers, buyers and staff - all staff, because, when it comes to food safety, if the industry is only as strong as its weakest grower, than a specific company is only as strong as its front-line staff. Tell everyone what is being done to address the risks.
4. Not another program - Guidelines, good agricultural practices sound nice, but on their own are meaningless. The program itself must be:
• Flexible and continuously evolving and improving,
• Easy to understand
• Provides support for individual growers to help them understand the requirements, documentation, principles
• Utilizes multiple strategies to reduce knowledge, attitude and behavioral barriers Efficient and inexpensive; provide practical, cheap solutions
• Well documented
• Compel farmers, processors and staff to care about illnesses through an open dialogue
I'm not making these solutions up, they've been in print for a year in Book called “Improving the Safety of Fresh Fruit and Vegetables.” This information is in a chapter by Ben Chapman and Doug Powell called “Implementing On-Farm Food Safety Programs in Fruit and Vegetable Cultivation.”
Will the industry survive if the focus is only on doing those things it should have done years ago, and is designed solely to draw customers back to its multi-billion dollar industry? What about the victims of this outbreak? What of the nearly 200 sickened, 75 hospitalized, 30 with serious complications and as many as three deaths? Where are the industry groups like United Fresh Produce Association? According to their website, United Fresh Produce Association is the industry's leading trade association committed to driving the growth and success of produce companies and their partners. You'd think that the trade organization would be interested in fixing this problem so they could get back to promotion. Every time I check their websites for spinach information I'm asked for to sign up as a member.
All I'm looking for is an apology. Where has the offer been to help now with medical expenses, wage loss and the risks of severe future complications to this deadly bug the industry let out in “triple-washed” plastic bags?
Here again, Natural Selection and DOLE are in my legal cross-hairs. But again, this is an industry problem that demands an industry solution. Frankly, given the size of this outbreak and the severity
of the illness, if the entire industry does not work together to find a creative financial solution for the victims, one by one these companies may fail under the weight of litigation, liability and damages. Driving companies into the ground is not something good lawyers do lightly or with any relish. However, between companies who poison and the victims left as a result, the decision for this
lawyer is easy.
In my other life as a principle of Outbreak, I try to teach companies why it is a bad idea to poison people. What has happened over the last two weeks I think serves as a great example of why that message makes sense. Despite that the worst scenario has happened, there is now an opportunity for the industry to survive, but it means fixing the problem together and saying you're sorry together.
Related Posts
So, really what is the industry as a whole, workers, growers, shippers, processors, industry groups and retailers – from “farm to table” going to do? Although Natural Selection, the manufacturer of some of the contaminated product, and DOLE the owner of the label that consumers trusted, are in my legal cross-hairs, this is an industry problem that demands an industry solution. If the industry leaves Natural Selection and DOLE “swinging in the wind,” eventually, perhaps not now, but in the next E. coli outbreak, instead of “hanging together” now, they will “hang separately now” and “hang separately later.” Of course the Western Growers Association have a plan, but it may look like a rehashing of old programs that should have been followed in the first place.
So, will the industry simply let Natural Selection and DOLE twist, or will the industry come up with a solution so this does not have to happen again? How is the industry going to make the public know that the product that they claim to be good for you will in fact not kill you? Here are some simple steps to fix the problem and get the spinach and lettuce industry back to work:
1. Implementation - The industry needs people on farms, who know farms, providing producers with information on risk reduction; individuals who are passionate about the production of safe food, and who can share that passion and knowledge with individual farmers.
2. Verification - Farmers and processors need to demonstrate to consumers they are aware of microbial risks and are taking serious steps to reduce that risk, day-in, day-out, even in the absence of an outbreak. Regulatory or even third party-audits are largely meaningless. Audits are snapshots, and auditors look for easily viewed visual mistakes and do little to look at what a farmer or staff member does. Just like restaurant inspections audits are not a good indicator of likelihood of an outbreak. Farmers need food safety resources 24/7 to help guide their production practices, and they need those best practices continually reinforced; an annual audit is hopelessly insufficient, especially since outbreaks keep happening from processors that are audited.
3. A proactive Communication program - Talk about real risks, talk about real outbreaks, with farmers, buyers and staff - all staff, because, when it comes to food safety, if the industry is only as strong as its weakest grower, than a specific company is only as strong as its front-line staff. Tell everyone what is being done to address the risks.
4. Not another program - Guidelines, good agricultural practices sound nice, but on their own are meaningless. The program itself must be:
• Flexible and continuously evolving and improving,
• Easy to understand
• Provides support for individual growers to help them understand the requirements, documentation, principles
• Utilizes multiple strategies to reduce knowledge, attitude and behavioral barriers Efficient and inexpensive; provide practical, cheap solutions
• Well documented
• Compel farmers, processors and staff to care about illnesses through an open dialogue
I'm not making these solutions up, they've been in print for a year in Book called “Improving the Safety of Fresh Fruit and Vegetables.” This information is in a chapter by Ben Chapman and Doug Powell called “Implementing On-Farm Food Safety Programs in Fruit and Vegetable Cultivation.”
Will the industry survive if the focus is only on doing those things it should have done years ago, and is designed solely to draw customers back to its multi-billion dollar industry? What about the victims of this outbreak? What of the nearly 200 sickened, 75 hospitalized, 30 with serious complications and as many as three deaths? Where are the industry groups like United Fresh Produce Association? According to their website, United Fresh Produce Association is the industry's leading trade association committed to driving the growth and success of produce companies and their partners. You'd think that the trade organization would be interested in fixing this problem so they could get back to promotion. Every time I check their websites for spinach information I'm asked for to sign up as a member.
All I'm looking for is an apology. Where has the offer been to help now with medical expenses, wage loss and the risks of severe future complications to this deadly bug the industry let out in “triple-washed” plastic bags?
Here again, Natural Selection and DOLE are in my legal cross-hairs. But again, this is an industry problem that demands an industry solution. Frankly, given the size of this outbreak and the severity
of the illness, if the entire industry does not work together to find a creative financial solution for the victims, one by one these companies may fail under the weight of litigation, liability and damages. Driving companies into the ground is not something good lawyers do lightly or with any relish. However, between companies who poison and the victims left as a result, the decision for this
lawyer is easy.
In my other life as a principle of Outbreak, I try to teach companies why it is a bad idea to poison people. What has happened over the last two weeks I think serves as a great example of why that message makes sense. Despite that the worst scenario has happened, there is now an opportunity for the industry to survive, but it means fixing the problem together and saying you're sorry together.
Spinach E. coli Outbreak Update
Two more cases of illness are being blamed on the outbreak of E. coli linked to fresh spinach. That raises the number of people sickened to 173 in 25 states.So far, 92 people have been hospitalized, including a Wisconsin woman who died. Two other deaths have been reported in suspected cases -- a child in Idaho and an elderly woman in Maryland -- but those cases are still being investigated.
Since the outbreak was reported two weeks ago, the FDA has recommended people not eat fresh, raw spinach. State and federal investigators since have traced the contaminated spinach back to three counties in California's Salinas Valley.
The 25 states that have reported infections are Arizona, California, Colorado, Connecticut, Idaho, Illinois, Indiana, Kentucky, Maine, Maryland, Michigan, Minnesota, Nebraska, Nevada, New Mexico, New York, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Virginia, Washington, Wisconsin and Wyoming.
ATLA - What are you thinking?
I have been a proud and sustaining member of the Association of Trial Lawyers of America (ATLA) for years. However, its gratuitous post on September 25, 2006, entitled "FDA Proves Ineffectual Again: Cannot Accurately Assess Risk To Public Safety," is way off the mark. The Food and Drug Administration (FDA) is certainly not perfect, few human organizations are, but for ATLA to blame the FDA for the failures of the lettuce and spinach industry is simply wrong.
Let's look at the facts: at least eight of the 19 other food-poisoning outbreaks since 1995 linked to lettuce and spinach were traced to the Salinas Valley. The outbreaks involved more than 400 cases of sickness and two deaths. I know because I represented folks sickened or who lost loved ones. In October 2003, when 13 California retirement center residents got sick and two died after eating E. coli-contaminated spinach. In September 2003 when nearly 40 patrons of a California restaurant chain got sick after eating salads made with pre-bagged lettuce. In July 2002, when more than 50 young women got sick at a dance camp after eating pre-washed lettuce. Several of them were hospitalized, and one suffered permanent kidney damage. In September 2005, health authorities investigating pre-washed lettuce as a source of E. coli outbreaks in Wisconsin, Minnesota and Oregon estimated as many as 244,866 bags of potentially contaminated lettuce made it to store shelves. At least 23 where injured as a result of eating Dole lettuce. For a comprehensive overview, see: Source for Past E. coli Outbreaks. This is the industry's problem, it is not the fault of the FDA, which does a hell of a job with the resources and staff the Bush administration doles (no pun intended) out.
Again, the facts: in 2004 and again in 2005, the FDA's top food safety official warned California farmers they needed to do more to increase the safety of their greens. "In light of continuing outbreaks, it is clear that more needs to be done," the FDA's Robert Brackett wrote in a Nov. 4, 2005, letter. Suggested actions included discarding produce that comes into contact with flood waters. Rivers and creeks in the Salinas watershed are known to be periodically contaminated with E. coli, and the FDA warned the industry of that as well. I guess the FDA tried to lead the horse (industry) to water and I bet the industry wishes it had cleaned the water first.
According the the FDA, to date, 171 cases of illness due to E. coli O157:H7 infection have been reported to the Centers for Disease Control and Prevention (CDC), including 27 cases of Hemolytic Uremic Syndrome (HUS), 92 hospitalizations and one death. To date, 25 states have reported cases of E. coli O157:H7 infection. The 25 affected states are: Arizona (7), California (1), Colorado (1), Connecticut (3) Idaho (4), Illinois (1), Indiana (8), Kentucky (8), Maine (3), Maryland (3), Michigan (4), Minnesota (2), Nebraska (9), Nevada (1), New Mexico (5), New York (11), Ohio (20), Oregon (5), Pennsylvania (8), Tennessee (1), Utah (17), Virginia (2), Washington (3), Wisconsin (43) and Wyoming (1).
We at Marler Clark are representing 61 families, 20 with Hemolytic Uremic Syndrome and investigating 3 deaths attributed to the consumption of E. coli tainted spinach.
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Let's look at the facts: at least eight of the 19 other food-poisoning outbreaks since 1995 linked to lettuce and spinach were traced to the Salinas Valley. The outbreaks involved more than 400 cases of sickness and two deaths. I know because I represented folks sickened or who lost loved ones. In October 2003, when 13 California retirement center residents got sick and two died after eating E. coli-contaminated spinach. In September 2003 when nearly 40 patrons of a California restaurant chain got sick after eating salads made with pre-bagged lettuce. In July 2002, when more than 50 young women got sick at a dance camp after eating pre-washed lettuce. Several of them were hospitalized, and one suffered permanent kidney damage. In September 2005, health authorities investigating pre-washed lettuce as a source of E. coli outbreaks in Wisconsin, Minnesota and Oregon estimated as many as 244,866 bags of potentially contaminated lettuce made it to store shelves. At least 23 where injured as a result of eating Dole lettuce. For a comprehensive overview, see: Source for Past E. coli Outbreaks. This is the industry's problem, it is not the fault of the FDA, which does a hell of a job with the resources and staff the Bush administration doles (no pun intended) out.
Again, the facts: in 2004 and again in 2005, the FDA's top food safety official warned California farmers they needed to do more to increase the safety of their greens. "In light of continuing outbreaks, it is clear that more needs to be done," the FDA's Robert Brackett wrote in a Nov. 4, 2005, letter. Suggested actions included discarding produce that comes into contact with flood waters. Rivers and creeks in the Salinas watershed are known to be periodically contaminated with E. coli, and the FDA warned the industry of that as well. I guess the FDA tried to lead the horse (industry) to water and I bet the industry wishes it had cleaned the water first.
According the the FDA, to date, 171 cases of illness due to E. coli O157:H7 infection have been reported to the Centers for Disease Control and Prevention (CDC), including 27 cases of Hemolytic Uremic Syndrome (HUS), 92 hospitalizations and one death. To date, 25 states have reported cases of E. coli O157:H7 infection. The 25 affected states are: Arizona (7), California (1), Colorado (1), Connecticut (3) Idaho (4), Illinois (1), Indiana (8), Kentucky (8), Maine (3), Maryland (3), Michigan (4), Minnesota (2), Nebraska (9), Nevada (1), New Mexico (5), New York (11), Ohio (20), Oregon (5), Pennsylvania (8), Tennessee (1), Utah (17), Virginia (2), Washington (3), Wisconsin (43) and Wyoming (1).
We at Marler Clark are representing 61 families, 20 with Hemolytic Uremic Syndrome and investigating 3 deaths attributed to the consumption of E. coli tainted spinach.
As Children Suffer, Parents Agonize Over Spinach
It is great to see an unbiased explaination of the horrors of Hemolytic Uremic Syndrome caused by E. coli O157:H7. This is a well-written article by the New York Times.
Brookfield family files lawsuit in E. coli outbreak
As the Associated Press reports, Marler Clark has filed a lawsuit on behalf of Anne and Neil Grintjes of Brookfield, whose seven-year-old son Willem and three-year-old daughter Ella became sick after eating the bagged spinach in late August. The suit names Dole Food Company and Natural Selection Foods.
This is the second lawsuit related to the outbreak that has been filed in Wisconsin by the Seattle-based law firm Marler Clark. The ongoing outbreak of E. coli linked to fresh spinach had sickened 166 people in 25 states through yesterday. Wisconsin so far has 42 cases.
I met with these folks while in Wisconin this week - really great people and parents - as a father of three, I can't even imagine how hard having two kids sick at the same time could have been. MILWAUKEE - A southeastern Wisconsin family with two children sickened by E. coli has filed a federal lawsuit against two spinach companies.
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This is the second lawsuit related to the outbreak that has been filed in Wisconsin by the Seattle-based law firm Marler Clark. The ongoing outbreak of E. coli linked to fresh spinach had sickened 166 people in 25 states through yesterday. Wisconsin so far has 42 cases.
I met with these folks while in Wisconin this week - really great people and parents - as a father of three, I can't even imagine how hard having two kids sick at the same time could have been. MILWAUKEE - A southeastern Wisconsin family with two children sickened by E. coli has filed a federal lawsuit against two spinach companies.
Will People Eat Their Spinach - Again?
Interesting article by the business writers of the San Francisco Chronicle:
"Seattle-based attorney William Marler, who represented the plaintiffs in the Odwalla and Jack-in-the-Box cases, said both companies adopted skillful public relations campaigns that maintained their corporate reputations.
"To be candid, companies that do that usually escape having more lawsuits filed against them. People say, 'I don't like lawyers, and why do I need a lawyer if this nice company will pay my medical bills and lost wages?' '' Marler said. "I have not seen that message being generated from the spinach fields of California.''
Health Director: Spinach From Outside NorCal Is Safe
I know there is a lot of pressure to get spinach back in the market, but at a minimum, don't you think we should figure out what cased this outbreak before we call that all is ok?
The announcement:
Spinach grown outside of Monterey, San Benito and Santa Clara counties is safe to eat, a state health official said today.
California Department of Health Services Deputy Director Kevin Reilly said investigators have traced the spinach linked to the nationwide E. coli outbreak to nine farms located in those counties by using the lot number on the bag.
"Products from other locations are safe to consume," Reilly said. However, Reilly cautioned that new E. coli cases continue to be reported and officials are not ready to limit their focus to only those farms.
"We are not containing our investigation to those nine farms," Reilly said. "We will go where the information leads us."
Reilly did not know the specific locations of the nine farms beyond the fact that they were spread among the three counties
Health officials: Girl sickened by E. coli not part of outbreak
We learned late this afternoon that Olivia is not likely part of the outbreak directly related to spinach. However, we are still investigating how it was that she and her siblings were sickened. E. coli O157:H7 impacts 75,000 Americans each year, sending thousands to the hospital and killing nearly 100 - one two-year-old is too many.
As the Associated Press reports, the death of a 23-month-old girl who was sickened by E. coli is not part of a multistate outbreak that has been linked to tainted spinach, a state health department spokeswoman said Friday.
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As the Associated Press reports, the death of a 23-month-old girl who was sickened by E. coli is not part of a multistate outbreak that has been linked to tainted spinach, a state health department spokeswoman said Friday.
Spinach E. coli Outbreak Daily Update
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The Associated Press reports that the outbreak of E. coli has now spread to half the states. As of Friday afternoon, infections had been reported in 166 people in 25 states. That's up from 157 victims in 23 states on Thursday, according to the Centers for Disease Control and Prevention.The infection has been associated with consumption of fresh spinach and public health officials are urging people not to eat raw spinach.
Of those infected, 88 have been hospitalized, including a Wisconsin woman who died. Two other deaths have been reported in suspected cases - a child in Idaho and an elderly woman in Maryland - but those cases are still being investigated.
States newly reporting cases as of Friday were Maryland, three cases, and Tennessee, one.
Other states reporting cases are Arizona (4), California (1), Colorado (1), Connecticut (3), Idaho (4), Illinois (1), Indiana (8), Kentucky (8, up 1), Maine (3, up 1), Michigan (4), Minnesota (2), Nebraska (8), Nevada (1), New Mexico (5), New York (11), Ohio (20), Oregon (5), Pennsylvania (8, up 1), Utah (17), Virginia (2, up 1), Washington (3), Wisconsin (42, up 1), and Wyoming (1).
Another E. coli Lawsuit
Marler Clark filed another lawsuit today against Dole and Natural Selection Foods in US District Court for the Eastern District of Wisconsin. This is the fourth lawsuit we have filed on behalf of victims of the spinach E. coli outbreak.
We have been contacted by the families of 61 ill people, and are investigating claims on their behalf. Of those victims who have contacted our firm, 18 developed HUS and two died. The deaths we are investigating are in Maryland and Ohio.
More deaths linked to E. coli outbreak
Marler Clark is currently investigating the deaths of two more people, one elderly woman from the Baltimore, Maryland, area, and one child from Ohio, who are believed to have been victims of the spinach E. coli outbreak. The families of the deceased contacted the firm earlier this week, asking for assistance in their search for the cause of their family members’ illnesses and deaths. In the days prior to their illnesses, both victims had consumed spinach that was subject to the recently announced spinach recall involving Natural Selection Foods, and many of the brands that it sold to. Both victims struggled in the hospital with kidney failure for close to two weeks before they passed. The young child from Ohio who died had siblings and cousins with severe illness as well, several of whom tested positive for E. coli O157:H7.
Tragic. That’s the only word that comes to mind after seeing all the devastation that this outbreak has caused. In addition to the deaths in Ohio and Maryland that we are investigating, the deaths of an elderly Wisconsin woman and a small Idaho child have been reported as conclusively linked to E. coli illnesses and HUS caused by consumption of E. coli-contaminated spinach. I represent twelve people who developed HUS – some of whom are still on dialysis.
Families are suffering over this, and I fear that more deaths will be linked to the outbreak before the crisis is over. That’s to say nothing of the people who will have life-long kidney problems as a result of their illnesses.
CDC Audio - Spinach E. coli Outbreak
The U.S. Centers for Disease Control and Prevention (CDC) has posted an audio recording from a conference call held yesterday afternoon about the current E. coli O157:H7 outbreak.
Topic: Update on Current E. coli O157:H7 Outbreak Date: Thursday, September 21, 2006
Speakers: Patricia Griffin, MD from CDC; Karl Klontz, MD from FDA; Phillip Tarr, MD, from the Washington University School of Medicine
Audio Recording (mp3 format): http://www.bt.cdc.gov/coca/audio/E_coliCOCAcall92106.mp3
CDC will be posting updates to the ongoing E. coli outbreak at http://www.cdc.gov/foodborne/ecolispinach/
U.S. FDA updates to the outbreak can be found at http://www.fda.gov/oc/opacom/hottopics/spinach.html
Experts fear spinach scare may dampen bagged salad market
Case Update:
146 cases of illness due to E. coli infection have been reported to the Centers for Disease Control and Prevention (CDC), including 23 cases of Hemolytic Uremic Syndrome (HUS), 76 hospitalizations, and one death. Illnesses continue to be reported to CDC.
As noted in this AP article (with 1 correction):
Seattle lawyer Bill Marler, who has represented dozens of clients in lawsuits connected to contaminated bagged leafy greens, said he's representing more than 30 clients from 12 states over the current E. coli outbreak. He said he reached a settlement for his clients with the company (actually, it was several different companies - not including Natural Selection) in five previous cases, but could not reveal its terms.
Based on past experience, Marler said he suspected bacteria-tainted irrigation or flood water is probably behind the current outbreak.
"Plants like spinach and lettuce can absorb not just water but bacteria," Marler said. "All the washing and rinsing and triple washing and nice bags with smiley faces on them mean nothing because the product is then just a little tiny bomb waiting for someone to eat it."
More thoughts on whether the convenience is worth the risk . . .
Maybe bagged lettuce and spinach aren’t worth the convenience. The CDC and FDA have now confirmed 146 people from 23 states as becoming ill with E. coli O157:H7 infections after eating bagged spinach. 76 of those people have been hospitalized; 23 with HUS. This may be just one more example of a systemic problem that's been plaguing the fresh produce industry.
In past outbreaks, there has never been a smoking gun. They've never found the farm or the cow that caused the E. coli contamination. They've never been able to do that, and that's been frustrating for both the FDA and the industry.
When you're eating a bag, you may be eating parts of ten, twenty, thirty, forty bunches of spinach or lettuce. You have a couple of pieces of bad heads of lettuce or bad bunches of spinach and it gets massively processed in a big facility that gets spread out among hundreds if not thousands of bags.
Perhaps we've reached a point where all of us need to strike a new balance between what is convenient and what is risk.
Spinach E. coli Outbreak Daily Update
146 cases
76 hospitalized
23 hus
71 % female
23 states
What is most important is that the New Mexico Health Department confirmed a positive from an open Dole baby spinach bag; packed by Natural Selection
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76 hospitalized
23 hus
71 % female
23 states
What is most important is that the New Mexico Health Department confirmed a positive from an open Dole baby spinach bag; packed by Natural Selection
We are now up to 23 states, 146 cases
We are now up to 23 states, 146 cases
As of 1 PM (ET) September 20, 2006, Wednesday, 146 persons infected with the outbreak strain of E. coli O157:H7 have been reported to CDC from 23 states.
Among the ill persons, 76 (52%) were hospitalized, 23 (16%) developed a type of kidney failure called hemolytic-uremic syndrome (HUS), and an adult in Wisconsin died. One hundred three (71%) were female and 8 (5%) were children under 5 years old. Among ill persons who provided the date when their illnesses began, 93% became ill between August 19 and September 5. The case with the earliest illness onset known to be associated with consumption of fresh spinach began having symptoms on August 19.
The states that have reported cases are Arizona (4 cases), California (1), Colorado (1), Connecticut (3), Idaho (4), Illinois (1), Indiana (8), Kentucky (7), Maine (2), Michigan (4), Minnesota (2), Nebraska (7), New Mexico (5), Nevada (1), New York (9), Ohio (15), Oregon (5), Pennsylvania (7), Utah (16), Virginia (1), Washington (2), Wisconsin (40), and Wyoming (1).
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As of 1 PM (ET) September 20, 2006, Wednesday, 146 persons infected with the outbreak strain of E. coli O157:H7 have been reported to CDC from 23 states.
Among the ill persons, 76 (52%) were hospitalized, 23 (16%) developed a type of kidney failure called hemolytic-uremic syndrome (HUS), and an adult in Wisconsin died. One hundred three (71%) were female and 8 (5%) were children under 5 years old. Among ill persons who provided the date when their illnesses began, 93% became ill between August 19 and September 5. The case with the earliest illness onset known to be associated with consumption of fresh spinach began having symptoms on August 19.
The states that have reported cases are Arizona (4 cases), California (1), Colorado (1), Connecticut (3), Idaho (4), Illinois (1), Indiana (8), Kentucky (7), Maine (2), Michigan (4), Minnesota (2), Nebraska (7), New Mexico (5), Nevada (1), New York (9), Ohio (15), Oregon (5), Pennsylvania (7), Utah (16), Virginia (1), Washington (2), Wisconsin (40), and Wyoming (1).
Bagged Produce May Not Be Worth Convenience
September 19th, 2006 @ 5:55pm
KSL TV Salt Lake City
Ed Yeates Reporting
"I think you have to step back and go, ‘well, maybe convenience and money aren't worth it.'"
A Seattle attorney and advocate for change in the produce industry says, though convenient, maybe bagged produce isn't such a good idea after all. As the probe continues into E. coli contaminated spinach that's now sickened people in 21 states, Bill Marler says it may be just one more example of a systemic problem that's been plaguing the industry for the past four years.
Put your hand in any soil and you'll find E. coli bacteria, but most is harmless. Contaminate thie soil, say with fecal material, and now you may have a potent strain of the bacteria that makes people really sick.
Look at other incidents over the past few years. The nasty strain shows up in produce in three states, sickening 23 people. Fifty kids at a Mormon dance camp in Spokane get hit. Fourteen people at an old folks home in San Francisco are infected. Two die. In northern Utah, two women remain on dialysis. And these are just reported cases.
Whether meat or produce...
Bill Marler, Spokane Attorney: "There has never been a smoking gun. They've never found the farm or the cow. They've never been able to do that, and that's been frustrating for both the FDA and the industry."
Bill Marler is in Salt Lake, representing people here considering lawsuits. He's also formed a non-profit group that, in his words, teaches the industry how not to poison people. Unlike a single head of lettuce or one bundle of spinach, bagged varieties, he claims, pose a unique problem.
Bill Marler: "When you're eating a bag, you may be eating parts of ten, twenty, thirty, forty bunches. You have a couple of pieces of bad heads of lettuce or bad bunches of spinach and it gets massively processed in a big facility that gets spread out among hundreds if not thousands of bags."
Consumers like bagged produce because it's often more convenient and economical, but Marler's argument…
Bill Marler: "Cost to the consumer or cost to the 77-year old woman in Wisconsin who died, or the child I visited with last night in Wisconsin whose been on dialysis for seventeen days."
Marler says perhaps we've reached a point where all of us need to strike a new balance between what is convenient and what is risk.
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KSL TV Salt Lake City
Ed Yeates Reporting
"I think you have to step back and go, ‘well, maybe convenience and money aren't worth it.'"
A Seattle attorney and advocate for change in the produce industry says, though convenient, maybe bagged produce isn't such a good idea after all. As the probe continues into E. coli contaminated spinach that's now sickened people in 21 states, Bill Marler says it may be just one more example of a systemic problem that's been plaguing the industry for the past four years.
Put your hand in any soil and you'll find E. coli bacteria, but most is harmless. Contaminate thie soil, say with fecal material, and now you may have a potent strain of the bacteria that makes people really sick.
Look at other incidents over the past few years. The nasty strain shows up in produce in three states, sickening 23 people. Fifty kids at a Mormon dance camp in Spokane get hit. Fourteen people at an old folks home in San Francisco are infected. Two die. In northern Utah, two women remain on dialysis. And these are just reported cases.
Whether meat or produce...
Bill Marler, Spokane Attorney: "There has never been a smoking gun. They've never found the farm or the cow. They've never been able to do that, and that's been frustrating for both the FDA and the industry."
Bill Marler is in Salt Lake, representing people here considering lawsuits. He's also formed a non-profit group that, in his words, teaches the industry how not to poison people. Unlike a single head of lettuce or one bundle of spinach, bagged varieties, he claims, pose a unique problem.
Bill Marler: "When you're eating a bag, you may be eating parts of ten, twenty, thirty, forty bunches. You have a couple of pieces of bad heads of lettuce or bad bunches of spinach and it gets massively processed in a big facility that gets spread out among hundreds if not thousands of bags."
Consumers like bagged produce because it's often more convenient and economical, but Marler's argument…
Bill Marler: "Cost to the consumer or cost to the 77-year old woman in Wisconsin who died, or the child I visited with last night in Wisconsin whose been on dialysis for seventeen days."
Marler says perhaps we've reached a point where all of us need to strike a new balance between what is convenient and what is risk.
E. Coli Probe Focuses on 9 Calif. Farms
It is great when the Washigton Post, New York Times and Los Angeles Times all cover the same story -- perhaps there will be a behavior change in the lettuce and spinach industry. My question is where are the politicians? Where is the call for concern? Another question - why have the producers of this poisoned product not reached out to the consumers? In the Jack in the Box, Odwalla, Chi-Chi's and Sheetz food poisoning cases, those corporations stepped up and paid peoples wage loss and medical expenses. Where is the concern for more than the mulit-billion bottom line?
The toll today:
- 131 cases,
- 66 people have been hospitalized
- 20 have experienced kidney failure
- 1 person has died
From the Washington Post story:
"Some victims have retained lawyers for possible lawsuits. William Marler, a Seattle lawyer who specializes in food poisoning cases, said he is representing 30 victims of the outbreak, 11 of whom have developed kidney failure."
New Updated Numbers from CDC and FDA
- 114 confirmed illneses
- 21 states
- 60 hospitalizations
- 18 HUS
- 1 death; still investigating Ohio
Source for Past E. coli Outbreaks
The E. coli outbreak that has been linked to Spinach has sickened over 100 in 20 states. Marler Clark has ben retained by 18 families and is investigating 22 other cases in several states. We have filed lawsuits in Oregon, Wisconsin and Utah. I have had several inquiries about prior outbreaks stemming from fresh spinach and lettuce. See links below:
http://www.marlerclark.com/produce-outbreaks/dole.pdf
http://www.marlerclark.com/produce-outbreaks/sequoias.pdf
http://www.marlerclark.com/produce-outbreaks/PandO.pdf
http://www.marlerclark.com/produce-outbreaks/spokane.pdf
Natural Selection named by Seattle law firm as defendant
Note - the AP news report cited in the article Spinach packer target of suits that we filed a lawsuit in California on behalf of the family is incorrect. We did represent Ms. McWalter's family two years ago stemming from her death after eating E. coli contaminated spinach. She died after contracting HUS. For information on that outbreak, see www.marlerclark.com. Once we saw this AP story hit the wire last Friday, we called and emailed AP, and they promised to remove the story. For a summary of the outbreak that killed Ms. McWalters and other E. coli outbreaks tied to spinach and lettuce, see my post below from September 15.
In another report from the San Jose Mecury Herald, the FDA warns: Don't eat any fresh spinach.
This Story Breaks My Heart
FROM PRESS REPORTS FROM OHIO:
Family: Spinach May Be Responsible For Baby Death
A Cambridge family would have celebrated their baby girl's second birthday Saturday, but instead, they were searching for answersas to what caused Olivia Perkins, and three other children in the family, to contract E.coli. It was that bacteria that eventually took little Olivia's life just weeks ago. "What's worse is it has to be someone dies before someone cares and does something about it. And we're still pressing them to care, not just because we want answers, but out family needs answers. If we had answers we would be more at peace with this," said Olivia's Aunt, Jennifer Whaley.
Whaley said as soon as Olivia got sick, three other children in the family got sick, including her two sons. Soon after, they learned each child would test positive for E.coli, and little Olivia wouldn't make it. "We're just a very healthy family, and for something like this to hit our kids--you spend all your lives trying to protect your kids," said Whaley.
Whaley said the Guernsey County Health Department tested everything the family came in contact with---after the fact---and came up with nothing. But Friday, when her sister was working at a local restaurant---and spinach was being pulled from the shelves---they thought there might be a connection. "It is spinach that they use on their sandwiches, and she brought it home and fed it to the kids on numerous nights when she closed the restaurant," said Whaley.
Now the family is asking the local health department for DNA testing, hoping they can finally get the answers they've been searching for. Jackie Cain, NEWS9
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Family: Spinach May Be Responsible For Baby Death
A Cambridge family would have celebrated their baby girl's second birthday Saturday, but instead, they were searching for answersas to what caused Olivia Perkins, and three other children in the family, to contract E.coli. It was that bacteria that eventually took little Olivia's life just weeks ago. "What's worse is it has to be someone dies before someone cares and does something about it. And we're still pressing them to care, not just because we want answers, but out family needs answers. If we had answers we would be more at peace with this," said Olivia's Aunt, Jennifer Whaley.
Whaley said as soon as Olivia got sick, three other children in the family got sick, including her two sons. Soon after, they learned each child would test positive for E.coli, and little Olivia wouldn't make it. "We're just a very healthy family, and for something like this to hit our kids--you spend all your lives trying to protect your kids," said Whaley.
Whaley said the Guernsey County Health Department tested everything the family came in contact with---after the fact---and came up with nothing. But Friday, when her sister was working at a local restaurant---and spinach was being pulled from the shelves---they thought there might be a connection. "It is spinach that they use on their sandwiches, and she brought it home and fed it to the kids on numerous nights when she closed the restaurant," said Whaley.
Now the family is asking the local health department for DNA testing, hoping they can finally get the answers they've been searching for. Jackie Cain, NEWS9
Update from FDA on E. coli Outbreak
Posted on September 15, 2006 and updated on September 16, 2006, by Bill Marler
Affected brands
Natural Selection Foods brands include: Natural Selection Foods, Pride of San Juan, Earthbound Farm, Bellissima, Dole, Rave Spinach, Emeril, Sysco, O Organic, Fresh Point, River Ranch, Superior, Nature's Basket, Pro-Mark, Compliments, Trader Joe's, Ready Pac, Jansal Valley, Cheney Brothers, Coastline, D'Arrigo Brothers, Green Harvest, Mann, Mills Family Farm, Premium Fresh, Snoboy, The Farmer's Market, Tanimura & Antle, President's Choice, Cross Valley, and Riverside Farms.
Affected states
The numbers of people per state who have become ill with E.coli traced to bagged spinach -
California: 1, Connecticutt: 2, Idaho: 3, Indiana: 4, Kentucky: 3, Maine: 2, Michigan: 6, New Mexico: 5, Nevada: 1, New York: 7, Ohio: 7, Oregon: 5, Pennsylvania: 3, Tennessee: 1, Utah: 11, Virginia: 1, Washington: 1, Wisconsin: 29, Wyoming: 1
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Affected brands
Natural Selection Foods brands include: Natural Selection Foods, Pride of San Juan, Earthbound Farm, Bellissima, Dole, Rave Spinach, Emeril, Sysco, O Organic, Fresh Point, River Ranch, Superior, Nature's Basket, Pro-Mark, Compliments, Trader Joe's, Ready Pac, Jansal Valley, Cheney Brothers, Coastline, D'Arrigo Brothers, Green Harvest, Mann, Mills Family Farm, Premium Fresh, Snoboy, The Farmer's Market, Tanimura & Antle, President's Choice, Cross Valley, and Riverside Farms.
Affected states
The numbers of people per state who have become ill with E.coli traced to bagged spinach -
California: 1, Connecticutt: 2, Idaho: 3, Indiana: 4, Kentucky: 3, Maine: 2, Michigan: 6, New Mexico: 5, Nevada: 1, New York: 7, Ohio: 7, Oregon: 5, Pennsylvania: 3, Tennessee: 1, Utah: 11, Virginia: 1, Washington: 1, Wisconsin: 29, Wyoming: 1
The FDA has expanded its warning to ALL fresh spinach due to E. coli O157:H7 contamination:
Based on current information, FDA advises that people NOT eat fresh spinach or fresh spinach containing-products that are consumed raw. Individuals who believe they may have experienced symptoms of illness after consuming pre-packaged spinach are urged to contact their health care provider.At this time, Natural Selection Foods, LLC, of San Juan Bautista, California, is recalling all of its products that contain spinach in all the brands they pack with "Best if Used by Dates" of August 17, 2006 through October 1, 2006. The Company is also known as "Earthbound Farms."
The full text of the FDA recall can be found on the FDA Website. This outbreak has now impacted at least 20 states and getting close to 100 people sickened and one tragic death. This is by far one of the largest E. coli outbreaks geographically in US history - See www.marlerclark.com/news-ecoli.htm for a complete history of E. coli outbreaks since the Jack in the Box outbreak of 1993.
Enterohemorrhagic E. coli outbreaks linked to pre-washed or ready-to eat spinach or lettuce, sold under various brand names, are nothing new.
- October 2003, when 13 California retirement center residents got sick and two died after eating E. coli-contaminated spinach.
- September 2003 when nearly 40 patrons of a California restaurant chain got sick after eating salads made with pre-bagged lettuce
- July 2002, when more than 50 young women got sick at a dance camp after eating pre-washed lettuce. Several of them were hospitalized, and one suffered permanent kidney damage.
- September 2005, health authorities investigating pre-washed lettuce as a source of E. coli outbreaks in Wisconsin, Minnesota and Oregon estimated as many as 244,866 bags of potentially contaminated lettuce made it to store shelves. At least 23 where injured as a result of eating Dole lettuce.
Natural Selection Foods Implicated in E. coli Spinach Outbreak
The AP just reported that California based Natural Selection Foods may be the missing link in this ongoing outbreak:
More to come in the morning I am sure.
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Natural Selection Foods LLC said in a statement that it was cooperating with federal and state health officials to identify the source of the contamination and had stopped shipping all fresh spinach products. They are sold under the brand names Rave Spinach, Natural Selection Foods, Dole, Earthbound Farm, Trader Joe's, Ready Pac and Green Harvest.
More to come in the morning I am sure.
Spinach E. coli Outbreak Grows
I was awakened this morning at 3:00 AM Seattle time by a reporter wanting to know the status of the outbreak. At that time the toll on consumers stood at 30 from 7 states. Over 12 hours later and countless interviews, spinach contaminated with E. coli O157:H7 has now sickened at least 94 people across the nation. 29 people have been hospitalized, 14 of them with kidney failure. The outbreak has grown to include at least 20 states: California, Connecticut, Idaho, Indiana, Kentucky, Maine, Michigan, Minnesota, New Mexico, Nevada, New York, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Virginia, Washington, Wisconsin and Wyoming. You wonder what the weekend will bring.
We are now investigating nearly 20 E. coli cases in a dozen states that appear to be linked to this ever-expanding tragedy. In one story covering the lawsuit we filed yesterday in Federal Court in Oregon, our client had a few good things to say:
In addition, we filed another suit today:
Milwaukee family files lawsuit over E. coli infections
A Milwaukee family filed a federal lawsuit against Dole today regarding the E. coli outbreak blamed on bagged, prewashed spinach.
Paul and Anna Zeintek of Milwaukee and their two children filed the lawsuit. Those two children were both among several dozen people who have been sickened in the outbreak, which also has killed one person in Wisconsin.
The Zeinteks say their children ate Dole brand baby spinach and wound up hospitalized with E. coli infections, and also developed hemolytic uremic syndrome.
The lawsuit was filled in U-S District Court in Milwaukee by the Seattle law firm Marler Clark. That's the firm that filed a lawsuit yesterday on behalf of an Oregon woman.
Federal and state officials investigating the outbreak have advised consumers nationwide to toss out any bagged, fresh spinach they have.
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We are now investigating nearly 20 E. coli cases in a dozen states that appear to be linked to this ever-expanding tragedy. In one story covering the lawsuit we filed yesterday in Federal Court in Oregon, our client had a few good things to say:
The Seattle firm has represented thousands of victims of food poisoning, including some of the people sickened a year ago in a similar outbreak traced to bags of Dole lettuce, attorney Bill Marler said.
David Wellborn contacted Marler Clark after learning about the firm while doing Internet research about HUS. "I was impressed with the knowledge they had," David Wellborn said.
In addition, we filed another suit today:
Milwaukee family files lawsuit over E. coli infections
A Milwaukee family filed a federal lawsuit against Dole today regarding the E. coli outbreak blamed on bagged, prewashed spinach.
Paul and Anna Zeintek of Milwaukee and their two children filed the lawsuit. Those two children were both among several dozen people who have been sickened in the outbreak, which also has killed one person in Wisconsin.
The Zeinteks say their children ate Dole brand baby spinach and wound up hospitalized with E. coli infections, and also developed hemolytic uremic syndrome.
The lawsuit was filled in U-S District Court in Milwaukee by the Seattle law firm Marler Clark. That's the firm that filed a lawsuit yesterday on behalf of an Oregon woman.
Federal and state officials investigating the outbreak have advised consumers nationwide to toss out any bagged, fresh spinach they have.
FDA issues spinach warning
Another in a series of articles by Mr. Lin and the LA Times tracking the problems with fresh, "pre-washed," ready to eat lettuce and spinach: FDA issues spinach warning.
From the article:
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From the article:
An ongoing outbreak of E. coli has killed one person and sickened at least 48 others in eight states, prompting the U.S. Food and Drug Administration on Thursday to advise against eating fresh, bagged spinach.
Although the investigation remains preliminary, officials suspect the virulent strain of E. coli bacteria came from pre-washed spinach, infecting people in Connecticut, Idaho, Indiana, Michigan, Oregon, New Mexico and Utah, said Dr. David Acheson, chief medical officer for the FDA's food safety center, at an evening news conference. Wisconsin has been hit the hardest, with at least 20 cases, including the patient who died.
Nationwide E. coli breakout affects bagged spinach
In its article Nationwide E. coli breakout affects bagged spinach the Statesman Journal reports on the confirmed E. coli case in Salem, Oregon. From the article:
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Wellborn's illness was traced back to a package of Dole baby spinach, according to her family and her attorney. The law firm of Marler Clark in Seattle, which has a practice dedicated to representing victims of food poisoning, has filed a personal injury action lawsuit on Wellborn's behalf in the United States District Court in Portland.
Dr. Keene said that multiple brands have been named in the confirmed cases. "We are not pointing at a single source unambiguously," Dr. Keene said. "Dole is one of the companies on the radar."
Utah sees increase in E. coli
Lois M. Collins of the Deseret Morning News has reported on the E. coli increase in Utah. From the article:
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Enterohemorrhagic E. coli outbreaks linked to pre-washed or ready-to eat spinach or lettuce, sold under various brand names, are nothing new, attorney William Marler, of Seattle's Marler Clark LLP, told the Deseret Morning News.
Marler, who has sued on behalf of consumers sickened by E. coli contamination, cited examples: October 2003, when 13 California retirement center residents got sick and two died after eating E. coli-contaminated spinach; or September 2003 when nearly 40 patrons of a California restaurant chain got sick after eating salads made with pre-bagged lettuce; or July 2002, when more than 50 young women got sick at a dance camp after eating pre-washed lettuce. Several of them were hospitalized, and one suffered permanent kidney damage.
Last September, health authorities investigating pre-washed lettuce as a source of E. coli outbreaks in Wisconsin, Minnesota and Oregon estimated as many as 244,866 bags of potentially contaminated lettuce made it to store shelves, Marler said. Many people were critically injured.
Wisconsin State death tied to E. coli
In their article State death tied to E. coli Outbreak linked to spinach, Jesse Garza and Kawanza Newson report on the first fatality linked to the spinach outbreak. As was reported in the article:
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Bill Marler of the Seattle-based law firm Marler Clark said he is representing four cases of victims of the latest outbreak, including a Milwaukee family whose two children were hospitalized with the syndrome. In that case, a 6-year-old boy was released from the hospital Thursday. His sister remains hospitalized, Marler said.
Well, it is the Spinach
We have learned that in the next few hours a press release will be issued from the CDC, FDA, and State Health Departments to alert the public to an ongoing outbreak of E. coli O157:H7 that has been linked to contaminated spinach. This outbreak appears to involve several states, including Wisconsin, Utah, Oregon and New Mexico. At least two dozen people, including small children, have been confirmed as victims of what appears to be the largest nationwide outbreak that I can recall. It seems certainly larger and more geographically diverse than other outbreaks involving lettuce and spinach. See my post from last night.
Although not one supplier in particular is expected to be named as one of the suppliers of the spinach, we know of at least one family in Wisconsin and one in Oregon that purchased and consumed Dole spinach. In the Wisconsin case, two children developed hemolytic uremic syndrome (HUS), a life threatening disease caused by E. coli O157:H7.
In addition, the Oregon client purchased Dole brand baby spinach on August 21, 2006 and consumed the spinach in salads over several days during the week of August 21 through August 25. She became ill with symptoms of E. coli O157:H7 infection, including diarrhea and stomach cramping, on August 25. Her symptoms continued to worsen, and her husband took her to the emergency room at Salem Hospital in the early morning hours of August 27. Our client was treated and released, but was admitted to Salem Hospital after a second visit to the emergency room at midday on the 27th. She remained hospitalized at Salem Hospital for six days, and was transferred to Oregon Health Sciences University (OHSU) in Portland on September 2 after being diagnosed with HUS. While at OHSU, our client required at least four blood transfusions and eight plasmapheresis exchanges. She was discharged from OHSU on September 8, and continues her recovery at home.
So the new news is that - Dole sued by Oregon E. coli victim:
PORTLAND, OR (September 14, 2006) – An E. coli lawsuit was filed against Dole late Thursday in United States District Court for the District of Oregon. The lawsuit was filed on behalf of Gwyn Wellborn, a Salem, Oregon woman who became ill with an E. coli O157:H7 infection after eating Dole brand baby spinach.It is great to see that the FDA confirms that there are now over 50 people as part of this outbreak.
Lettuce or Spinach - Again?
Nothing yet has been solidly confirmed, however, I have been contacted by two Oregon residents who believe that they are part of a wider E. coli O157:H7 outbreak that is potentially tied to the consumption of bagged "Baby Spinach." It appears that the Oregon State Department of Health (one of the best in the country) may have cracked the case. I assume that the FDA and California State Department of Health are also involved. I think the next 24 hours will be the key. We were also contacted by a family in Manitowoc, Wisconsin that may have also consumed this same product. This outbreak may also involve over 11 people, mostly children, in Milwaukee. Sure should seem that Milwaukee would have had enough of E. coli after the Sizzler outbreak of 2000. I certainly hope that this in not another Salinas Valley, California E. coli outbreak. As we know, the Dole lettuce case in 2005 sickened dozens in Oregon, Minnesota and Wisconsin. Also, the recent E. coli outbreak in Utah has implicated lettuce, although it is still possible that the lettuce became contaminated AFTER it arrived at the Wendy's restaurant. In addition, there has also been a more recent E. coli outbreak in Utah. There is not yet a reported source.
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. 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 at a dance camp after eating “pre-washed” lettuce, leaving several hospitalized and one 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.
Related Posts
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. 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 at a dance camp after eating “pre-washed” lettuce, leaving several hospitalized and one 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.
FOOD SAFETY MONTH?
Interestingly, September is FOOD SAFETY MONTH. I guess someone forgot to let the victims and the businesses below know that.
Milwaukee Looking For Link to as many as eleven E. coli casesEleven people have been sickened recently by E. coli in Milwaukee County. Health officials have not said if the cases are related, but said they are searching for a common cause. Children and adults have both been affected. Five people infected live in Milwaukee. The other six live in other parts of the county. Five children have been taken to Children's Hospital. Two have been released, but three remained hospitalized Wednesday night. Marler Clark has been contacted by two of the victims.
Manitowoc County investigating seven E. coli cases
Marler Clark has been contacted by the family of two victims of this outbreak. It appears that the investigation is focusing on potential exposure to animals at a County Fair or from an outbreak of E. coli contaminated hamburger at a church picnic in upstate Minnesota earlier August. According to Manitowoc County Health Department, the department is waiting for test results from a state lab to determine the source of the infections. The cases, which occurred from Aug. 26-Sept.1, are from areas throughout the county and the cases cover all age groups.
At least five more people, two of them children, have contracted E. coli from and unknown source in Weber County, according to officials from the Weber-Morgan Health Department. No common food source has been linked to the bacteria, though officials say there seem to be no ties to an outbreak that occurred June 27-30, when at least five other people contracted infections, either directly or indirectly, from tainted lettuce served from a North Ogden Wendy’s restaurant. Marler Clark represents six of the victims from the Wendy's outbreak.
Tennessee E. coli Investigation Wrapping Up
The Hamilton County Health Department (HCHD) and the United States Department of Agriculture are working to trace back the source of an E. coli outbreak that sickened at least eight people near Chattanooga. HCHD confirmed eight cases of E. coli O157:H7 after a July outbreak. Seven of the people who were ill with E. coli infections ate at Ryan's on Hixson Pike.
Hepatitis A Causes Concern in Indiana
A hepatitis A scare in Fort Wayne has prompted local health concerns about the virus. Several cases of the disease that were reported were apparently contracted from a Fort Wayne Pizza Hut employee. The employee was working between August 3 and 19, but has not been employed there since that time. Hopefully the Ig shots given to the patrons will stop anyone from actually contracting Hepatitis A.
Greenwood Indiana Salmonella Lawsuit
Marler Clark filed a lawsuit on behalf of Greenwood Family whose sone was hospitalized with salmonella after eating food from a Greenwood Wal-Mart deli filed a lawsuit Thursday against the retail chain. Ryan Merritt's son, Noah, fell ill Aug. 20 after eating meat and cheese purchased from the Wal-Mart at 1133 N. Emerson Road. After an investigation, the Indiana State Department of Health ruled that the deli and bakery departments at the Greenwood Wal-Mart were the sources of a salmonella outbreak in southern Marion County and northern Johnson County from May through August. As of Aug. 28, 84 cases of salmonella have been linked to the store.
Shigella Linked to San Diego Restaurant – Filiberto’s
The San Diego county health department has shut down a fast-food Mexican restaurant after 10 customers came down with a bacterial infection. Filiberto's restaurant at 3446 University Ave. was closed Thursday and will remain closed until the health problems are addressed, the county Health and Human Services Agency said. The agency said 10 customers who ate at Filiberto's Aug. 24-28 came down with what appears to be the food-borne bacteria Shigella. Marler Clark will be filing suit on behalf of several of the victims today.
E. Coli Outbreaks Prompt Review of Salinas Valley Lettuce Farms
In an LA Times article E. Coli Outbreaks Prompt Review of Salinas Valley Lettuce Farms, Rong-Gong Lin II reports that Salinas Valley growers' practices are being evaluated by state and federal health officials after their products' link to repeated illnesses.
From the article:
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From the article:
Lettuce and spinach grown in the valley, dubbed the "Salad Bowl of the World," have been connected to eight of 19 outbreaks of E. coli O157:H7, associated with such produce since 1995. The eight outbreaks have sickened at least 217 people in eight states, including two who died at a retirement home in Northern California in 2003.
"That organism is so virulent, it is particularly dangerous," said Robert Brackett, who directs the food safety division at the U.S. Food and Drug Administration, which is leading the investigation.
The recent inspections, which started in late August and will continue through the fall, come after nearly a year of heightened pressure from FDA and state officials to reduce the risk of E. coli contamination. The agencies' concern was intensified when at least 34 people in Minnesota were sickened last year after consuming packaged Dole salad from the Salinas Valley.
The valley grows the vast majority of the nation's lettuce, thanks to the region's relatively cool climate. Though the outbreaks thus far appear not to have affected sales, some experts say continued reports of infection could erode confidence in the $2-billion-a-year lettuce industry. In addition, such problems can be a liability for produce distributors and food establishments that serve the greens.
One lawyer, Bill Marler, has represented more than 70 clients in cases linked to Salinas Valley lettuce, with settlements he described ranging from the tens of thousands to millions of dollars.
Wal-Mart Salmonella Litigation
Indiana State health officials report the source of the recent salmonella outbreak is the Wal-Mart on 1133 North Emerson in Greenwood. The deli and bakery departments have been identified as the source of the recent salmonella outbreak impacting at least 84 people in northern Johnson and southern Marion counties. Wal-Mart officials report that all employees from the deli and bakery areas have been moved to other parts of the store until the investigation is complete. They have also discarded all possibly contaminated foods, and cleaned and sanitized both departments. "We believe food handlers who didn't have any symptoms may have contaminated the deli and bakery products," said Lynae Granzow, enteric epidemiologist, Indiana State Department of Health. State health officials say the salmonella contamination occurred at the store. Marler Clark has filed a lawsuit against Wal-Mart and has been contacted by over a dozen others who became ill.
E. coli strikes again in Utah
Andrew Weeks of the Standard-Examiner reports that at least five more people, two of them children, have contracted E. coli from an unknown source in Weber County, according to officials from the Weber-Morgan Health Department. No common food source has been linked to the bacteria, though officials say there seem to be no ties to an outbreak that occurred June 27-30, when at least five other people contracted infections, either directly or indirectly, from tainted lettuce served from a North Ogden Wendy’s restaurant.
It will be interesting to follow this story as it unfolds. At least one of the two children mentioned by Mr. Weeks is in fact hospitalized and suffering acute kidney failure (HUS).
It was determined that the June outbreak was caused by iceberg lettuce that likely had been contaminated while grown in the Salinas Valley, Calif. Wendy’s, at 2594 N. 400 East in North Ogden, served lettuce at a CORE Academy luncheon held at Orion Junior High in Harrisville on June 30, where more than 300 people were potentially exposed to the contamination. At least on person was infected during June 27030 while eating at the restaurant.
Although for purposes of the lawsuit that has been filed against Wendy's stemming from the June outbreak, where three people suffered Hemolytic Uremic Syndrome, where and when the lettuce was contaminated means little, I do believe that there is not sufficient evidence at this point to rule out that the lettuce became contaminated AFTER it arrived in Utah. Wendy's was implicated in a 2000 outbreak were cross-contamination between raw meat and lettuce was determined to be the source. (See coverage of that 2000 Wendy's E. coli outbreak.)
MORE ON WAL-MART AND SALMONELLA
Indiana State health officials over the last two weeks reported that the source of the recent salmonella outbreak as the Wal-Mart on 1133 North Emerson in Greenwood. The deli and bakery departments were identified as the source of the recent salmonella outbreak in northern Johnson and southern Marion counties. The likely cause of the outbreak was determined to be ill workers handling food.
Currently, 84 cases of salmonella have been reported to be part of the outbreak, which began in May 2006. Marler Clark has been contacted by over a dozen sickened individuals. A lawsuit was filed last week on behalf of one family. To follow that litigations progress, see www.salmonellalitigation.com.
Wal-Mart officials report that all employees from the deli and bakery areas have been moved to other parts of the store until the investigation is complete. They have also discarded all possibly contaminated foods, and cleaned and sanitized both departments.
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 form of bacterial 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, visit www.about-salmonella.com.
Marler Clark has been involved in litigation stemming from numerous Salmonella outbreaks across the country. For a listing of past and current cases, see: http://www.marlerclark.com/news-salmonella.htm
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Currently, 84 cases of salmonella have been reported to be part of the outbreak, which began in May 2006. Marler Clark has been contacted by over a dozen sickened individuals. A lawsuit was filed last week on behalf of one family. To follow that litigations progress, see www.salmonellalitigation.com.
Wal-Mart officials report that all employees from the deli and bakery areas have been moved to other parts of the store until the investigation is complete. They have also discarded all possibly contaminated foods, and cleaned and sanitized both departments.
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 form of bacterial 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, visit www.about-salmonella.com.
Marler Clark has been involved in litigation stemming from numerous Salmonella outbreaks across the country. For a listing of past and current cases, see: http://www.marlerclark.com/news-salmonella.htm
Great post and comments on the Wal-Mart Salmonella Suit by www.bloggingstocks.com
Brian White at bloggingstocks.com has written an interesting post about the Wal-Mart sued in Indiana over the salmonella outbreak. Brian writes:When someone sues Wal-Mart these days, it usually doesn't even make headlines anywhere. This is a tad bit different, as a Greenwood, Indiana family is suing the global retailer for damages after a boy in the family had to be hospitalized after eating a ham and cheese sandwich from the Greenwood Wal-Mart store.
It appears from initial reports that health officials traced the salmonella outbreak to the deli and bakery sections of this specific Wal-Mart. Over 84 people from the communities of Marion and Johnson counties in Indiana were made sick from eating food from this Wal-Mart, which begs the following question.
Should Wal-Mart be held liable for food poisoning outbreaks that cause "personal injury" to customers of its stores? It depends on how you look at it, but I completely agree in this case that Wal-Mart should be liable. But how about pre-packaged food goods that Wal-Mart basically sells but does not "produce"? Does the liability then rest with the original provider or with the seller (Wal-Mart in this case)?
If the food is "prepared" in a Wal-Mart store, the company legally has responsibility if anyone gets sick. But then, we have to define "prepared". Slicing ham from a pre-cooked slab in the deli -- for example -- is preparing it for sale. Does Wal-Mart remain responsible here? Since temperature and handling play a part, I definitely think so. Not that Wal-Mart the company is hurt very much by food poisoning lawsuits, but the negative perception can become more of a black eye -- something that WMT shareholders need to see less of.
Man sues Wal-Mart over salmonella
As the Indy-Star reports, Marler Clark is representing a Greenwood man in a salmonella lawsuit against Wal-Mart Stores. The suit follows a salmonella outbreak this summer in which at least 84 people became ill. The Indiana State Department of Health traced the outbreak to the deli and bakery departments at the Wal-Mart on Emerson Avenue in Greenwood. The suit, filed on Thursday in Johnson County Superior Court, says the bacteria caused Noah Merritt, the son of Ryan Merritt of Greenwood, to become ill in August. Noah Merritt was briefly hospitalized because of the outbreak, the lawsuit claims. (See also: the full press release from the Indiana Department of Health that implicated Wal-Mart, below)USDA fails - Miserably - To protect public from E. coli (Part Two)
On August 26 I posted that USDA fails - Miserably - To protect public from E. coli. Well, I was wrong -sort of. It is clear that the USDA or the Nebraska plant (USDA has not named the plant and may take the position it does not have to) had a positive test for the deadly E. coli O157:H7 pathogen in "trim" (basically fat) and held that product in the plant. However, it let out the door the meat (that was bound to be turned into hamburger) that the trim was cut from. What is the USDA thinking? The USDA takes the position that hamburger and trim that contains E. coli O157:H7 is adulterated, and for good reason. But, when the meat is intact (not trim or hamburger) it is not adulterated, even if it is contaminated and may be used to make hamburger at a later stage, when it then would be adulterated. This makes my head hurt.
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Caution Prevails Against Hepatitis A
Michael Schroeder of the Journal Gazette reports that since a server at the Coventry Pizza Hut was diagnosed with hepatitis A nearly two weeks ago, no related cases have been reported. But health officials – fully aware of the virus’ average month-long incubation period during which infected persons exhibit no outward symptoms – are keeping close watch.In all, 3,858 people received shots at eight immunization clinics set up in the wake of the hepatitis A diagnosis Aug. 24, Dr. Deborah McMahan, Allen County health commissioner, said Tuesday.
A total of 219 doses were sent out of the area (though not all were used) to Purdue University, Indiana University, Notre Dame and even Canada, among other locations. The shots are intended mostly for students and some others who ate food from the Coventry Pizza Hut.
Working with the restaurant, the health department estimated that 5,000 to 10,000 people may have been exposed to hepatitis A between Aug. 3 and Aug. 19, when the infected server was working and contagious. A total of 5,100 meals were served during that time.
For now, it’s a wait-and-see game.
Bill Marler, a Seattle-based attorney who has handled a number of class action suits related to hepatitis A cases at restaurants, said it didn’t have to be that way.
Marler commended Pizza Hut on its handling of the case – including paying for shots, supplies and associated medical costs, something he said restaurants rarely do. But he said that restaurants in general should require that employees be vaccinated for hepatitis A so there is no chance the problem will arise in the first place.
“It’s relatively cheap insurance,” Marler said.
I SHOULD HOPE SO
In an article titled "Eateries fear ugly backlash: E. coli in hamburger," Chris Kitching of the Winnipeg Sun reports that a Winnipeg burger joints that unknowingly sold E. coli-contaminated beef from an outside source are worried the publicity will turn people away from their food.Mrs. Mike's, Dairi-Wip Drive-In on Marion Street, and VJ's Drive-In on Main Street get their ground beef from Dutch Meat Market, a butcher shop that was also cleared during inspections. Owners of the meat store believe the source of the bad beef may be traced to one of its suppliers -- a Manitoba slaughterhouse or Alberta farm.
Dutch Meat Market was cited in the outbreak because it's a common link in the chain. Twenty-four food-poisoning cases in August are related to the store or burger joints.
There have been 65 E. coli infections in Winnipeg this year. Two people -- a senior over 65 and a child under 15 -- remain in intensive care. Many became sick after handling or eating infected meat from several stores and restaurants in the city, according to Winnipeg Regional Health Authority officials.
