Marler Blog - Providing commentary on food poisoning outbreaks & litigation

As of June 28, 52 persons infected with Salmonella Wandsworth have been reported to CDC from 17 states: California, Colorado, Connecticut, Georgia, Indiana, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Washington, Wisconsin.

California (seven cases), Colorado (five cases), Connecticut (one case), Georgia (one case), Indiana (one case), Massachusetts (three cases), Minnesota (two cases), New Hampshire (two cases), New Jersey (two cases), New York (13 cases), Oregon (one case), Pennsylvania (three cases), Tennessee (one), Texas (one), Vermont (three cases), Washington (four cases), and Wisconsin (two cases). 

Among the patients for whom clinical information is available, 77% developed bloody diarrhea and 11% were hospitalized. No deaths have been attributed to this infection. Onset dates, which are known for 49 patients, ranged from March 4, 2007 to June 11, 2007.

Pablo Lopez of the Fresno Bee and I have spoken several times over the last week as the Bee has been covering this unfortunate incident.  What is unfortunate, in addition to the illnesses suffered, is the fact that many E. coli outbreaks have occurred over the last months - see my earlier blog post.

"I thought the beef industry had cleaned up, but there is obviously still a ways to go before people like Mr. Jorgensen can feel confident in the safety of the meat products they are eating," Marler said.

A man who was hospitalized for 15 days with E. coli has sued a Fresno barbecue business whose cooked tri-tip has been linked to an outbreak last month that sickened more than two dozen people.

Fresno resident Donald Jorgensen, 80, contends in his Fresno County Superior Court suit that he became ill from E. coli after he ate tri-trip that was purchased from The Grill at the Meat Market on West Alluvial Avenue.

Jorgensen and his wife, Beverly Jorgensen, want The Meat Market Inc. to pay for more than $150,000 in medical expenses. They also are seeking damages for negligence and "breach of implied warranty," a legal term that means they had a right to expect the meat was safe to eat.

The Jorgensens attended a graduation party in Fresno on May 19. At the event, Donald Jorgensen ate tri-tip that was purchased at The Grill at the Meat Market, the suit said. Three days later, he began to suffer severe diarrhea.

On May 27, he went to an emergency room for severe diarrhea and dehydration, said Seattle lawyer William D. Marler, who along with San Diego lawyer Fred Gordon represents the Jorgensens. A test of his stool sample showed a presence of E. coli, Marler said.

Jorgensen was released from the hospital, but he was readmitted on May 30. He remained hospitalized until June 15.

Marler said the E. coli caused his client to suffer hemolytic uremic syndrome, a potentially dangerous condition characterized by anemia and acute renal failure.

He said his client is fortunate to be alive. The extent of damages is not yet known, because Jorgensen is still recovering and faces risks of future complications.

Tests confirmed that two samples of leftover tri-tip purchased at The Grill at The Meat Market were contaminated with E. coli O157:H7, a dangerous strain of bacteria, Fresno County health officials have said. But investigators have not yet determined how the cooked meat became contaminated.

The meat that was tested had been served at private events on May 19. Initial tests run by the county showed 27 people were infected with E. coli bacteria. Of those, 25 had eaten the cooked tri-tip at private events.

All lots and sizes of “Veggie Booty” Snack Food are being recalled following a report of as many as 55 cases of Salmonella poisoning associated with consuming the product.  It is Salmonella Wandsworth – very rare serotype - March 1 - June 11 onsets.  “Veggie Booty” Snack Food is sold in supermarkets, health food stores, and vending machines and online in the United States and Canada. It is sold in flexible plastic foil bags in 4 ounce, 1 ounce and half-ounce portions.  We bought some today at about 1:00 PM Seattle time.  See Recall Notices - Company's and FDA's.  Veggie Booty contains a blend of Spinach, Kale, Cabbage, Carrots and Broccoli.  I called my kids at home today and found out that we had some of it in the pantry.  So, it looks like we have some evidence to test.

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. 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.

The acute symptoms of Salmonella gastroenteritis include the sudden onset of nausea, abdominal cramping, and bloody diarrhea with mucous. Fever is almost always present. Vomiting is less common than diarrhea. Headaches, myalgias (muscle pain), and arthralgias (joint pain) are often reported as well. The onset of symptoms usually occurs within 6 to 72 hours after the ingestion of the bacteria. The infectious dose is small, probably from 15 to 20 cells.  Generally, illnesses last five to seven days, although severe complications may occur.

As the managing partner of Seattle-based, Marler Clark, I have represented thousands of victims of Salmonella poisonings in the last fifteen years.  Outbreaks have included cases against Chili's, ConAgra, Golden Corral, KFC, Malt-O-Meal, Sheetz, Sun Orchard, Wal-Mart and Western Sizzlin.'

I found this on the "Veggie Booty" website interesting:

    Veggie Booty is a delicious snack that you and your family will love

    Veggie Booty is made from the finest ingredients

    Veggie Booty will change the way you eat, while enjoying the finest 
    snack on the planet

    Veggie Booty puts you in the mindset to eat healthier and change your 
    life. Take it on a train or in your car, one a walk or in a boat

    Veggie Booty will be your good friend

    This is a life-changing snack that will help you eat healthier

Mary Elizabeth Williams wrote for Salon.com two years ago an article entitled - "Bootylicious"

My kids' favorite snack smells funkier than poop, has questionable nutritional value and leaves a trail of bright green powder in its wake. Still, I can't imagine life without it.  Veggie Booty is basically crack for babies. Which is exactly why parents buy it.

According to various press and government sources:

Four Washington kids sickened in salmonella outbreak

The state Health Department says four children have been sickened by a rare type of salmonella blamed for outbreaks in 17 states.  State health officials believe the four Washington cases of salmonella poisoning are linked to contaminated snacks called "Veggie Booty," which are under a national recall.  The four sick children in Washington are younger than 5. Two cases are in Whatcom County, while King County and Spokane County each report one case. All four kids have recovered.  Officials say more than 50 people nationwide, mostly young children, have been sickened in the salmonella outbreak. Salmonella is a bacteria that can cause diarrhea, fever and vomiting.

A Santa Barbara County toddler is recovering Thursday night from salmonella caused by a popular snack

The Santa Barbara County of Public Health confirmed his illness is linked to "Veggie Booty" made of puffed rice and corn. The company that produces it has recalled the snack. Health officials said luckily, the toddler was not hospitalized and has fully recovered.

Two Minnesota kids infected with salmonella

Veggie Booty has been linked to the infection of a six-month-old boy and an 11-month-old girl in Minnesota.  Two young children in Minnesota are among 52 people nationally infected by a rare type of salmonella poisoning linked to the snack food Veggie Booty, made by Robert's American Gourmet, a New York-based company. Both unidentified children, a six-month-old boy and an 11-month-old girl, are from the Twin Cities area. The boy has recovered, and the girl is recovering, said officials from the Minnesota Department of Health (MDH).

Deschutes County Oregon child sickened by “Veggie Booty”

This "healthy snack" food is linked to at least 52 cases of salmonella infection in 17 states, mostly children under the age of 3. The Deschutes County case - apparently the only one confirmed in Oregon - "came through about three weeks ago," said Patty Thomas, the county's communicable disease coordinator. The child's gender and location was not further identified.

Colorado Salmonella Cases May Be Linked To Recall

Five cases of salmonella in Colorado may be linked to a snack food that has been recalled nationwide, health officials said Friday.

Vermont salmonella cases may be linked to recalled food

The Vermont Health Department is warning people not to eat Veggie Booty snack food, which has been linked to three cases of salmonella poisoning in Vermont.

New York Veggie Booty linked to illnesses affecting two in region, 53 nationwide recall

Two young siblings from Albany County suffered salmonella poisoning after eating Veggie Booty, a puffed corn snack popular with kids. Veggie Booty was removed from store shelves Friday after 53 cases of salmonella poisoning were reported in 17 states. New York, with 14 reported poisonings, had the most cases. None have been fatal. Of the other New York cases, eight occurred in New York City, two in Suffolk County, one in Nassau County and one in Westchester County, according to Claudia Hutton, spokeswoman for the state Health Department.

NATIONAL SALMONELLA OUTBREAK HAS CASE IN INDIANA

The Food and Drug Administration (FDA), in conjunction with Centers for Disease Control and Prevention (CDC), announced a Salmonella Wandsworth outbreak in 17 states in connection with Veggie Booty snack food. State health officials report one case in Indiana.

FDA warns against 'Veggie Booty' snacks; illness reported in Texas

The U.S. Food and Drug Administration has issued a warning against eating Veggie Booty children’s snack food, marketed by Robert’s American Gourmet of Sea Cliff, N.Y., after people in 17 states
including Texas became sick after eating it.

Three Pa. tots among those sickened by tainted Veggie Booty

State health department officials say three Pennsylvania tots are among more than 50 sickened nationwide by salmonella bacteria in Veggie Booty snacks. The Pennsylvania tots have all recovered. All were two years old or younger and one child had to be hospitalized. State health officials told the Pittsburgh Tribune-Review that the sickened children live in Westmoreland, Crawford and Chester counties.

Salmonella poisoning cases include local child

A metro Atlanta child is among 57 people sickened in an 18-state outbreak of a rare form of salmonella poisoning, state and federal health officials said Thursday.  The child has recovered from the food-borne illness that can cause diarrhea, fever, abdominal cramps and, in more severe cases, even death, said Belen Moran, spokeswoman for the Georgia Division of Public Health.

 

Two central Vermont children have been hospitalized with apparent unrelated E. coli infections. A 5-year-old girl from Barre Town and a 3-year-old Randolph girl were being treated for kidney failure and remained on dialysis Monday. Both children were diagnosed with hemolytic uremic syndrome, a disease caused by certain strains of E. coli. The severity of the two case was unusual, said state Epidemiologist Patricia Tassler.

I spoke with Stephen J. Hedges, Chicago Tribune, last week about the alarming number of beef recalls and human illnesses over the last months.  His full report is here:

Food recalls related to ground beef and E. coli bacteria have reached levels not seen in several years, according to food safety experts, sickening 14 people in six Western states and raising concerns that meat production standards have slipped.

There have been eight recalls related to E. coli bacteria in food so far this year, compared with eight similar recalls for all of 2006, according to the U.S. Department of Agriculture.

Seven of the eight E. coli-related recalls this year have involved ground beef, and several included other cuts of beef as well. The recalls have involved more than 6 million pounds of ground beef, according to the agency.

By comparison, the amount of ground beef recalled in all of 2006 was 156,235 pounds.

Recalls involving the E. coli strain O157:H7, a bacterium that lives in cow's intestines, occur with more regularity in late spring and early summer, food experts say, when temperatures rise and more cattle appear to carry the bacteria, which the animals tolerate.

Contamination of meat occurs during slaughtering when feces and intestinal material may accidentally come into contact with portions of the carcass that are trimmed for retail beef cuts.

Serious illnesses have resulted from E. coli contamination recently. The USDA says that at least 14 people have fallen ill from E. coli in beef this year, but some environmental groups contend the number is as high as 38.

Government, meat industry and food safety officials say that there is no obvious reason for a rise in contamination this year.

"What's significant right now is the size of the recalls and the number of consumers that have gotten sick because of this," said William Marler, a Seattle attorney who represents E. coli victims who fell ill this year.

CNN will re-run its Special Investigation on our food supply this weekend.  The focus is on the E. coli outbreak tied to spinach, but is also a stern warning about the safety, or lack thereof, of our food supply.

The Associated Press and the Salinas Californian reported that the US Attorney's Office has closed its investigation into last year's E.coli outbreak linked to fresh spinach from the Salinas Valley, the Associated Press has reported.  The investigation included searches at Growers Express in Salinas, and Natural Selection Foods in San Juan Bautista, California, as well as a number of fields in Santa Clara, Monterey and San Benito counties.  Test results linked a strain of the bacteria found on a cattle ranch to the outbreak that killed three people and sickened nearly 200.

So far we have resolved the claims of 29 individuals and families who became ill or died as a result of eating contaminated Dole spinach.

According to Channel 9, employees of the China Grove restaurant that was shut down because of an E. coli outbreak are speaking out, saying that the conditions at the Captain’s Galley seafood restaurant were deplorable.  According to one employee, he was treated less like an employee, and more like a slave.

“They’re not taking care of the employees and their customers,” said one employee who wished to remain anonymous. “They’re mistreating their employees; they’re treating them like slaves.”

Let me first say that the meat industry had been doing something right. E. coli illnesses and outbreaks were down, and down substantially, from 2003 to a few weeks ago.  From Jack in the Box outbreak of 1993 through the Summer of the ConAgra outbreak of in 2002, most of the work we did at Marler Clark consisted of E. coli cases tied to the consumption of contaminated hamburger.  In 2002, nineteen million pounds of meat was recalled and 40 people were sickened - one died. In the last two months, nearly 40 people have been sickened in a dozen or more states, some severely, and nearly six million pounds of meat has been recalled. I do not yet know the answer to this new and ominous trend, but I expect a few lawsuits will shake out an answer or two. Those concerning issues aside, I expect to get the following email (I always do when outbreaks happen) from someone upset that I had the audacity to sue a poor supplier of meat contaminated with E. coli O157:H7 (a.k.a “cattle feces”):

"It is not the failure of the Meat Industry in not keeping cattle feces out of hamburger that sickened the child, it is the fault of the parent who handled and cooked the hamburger that was fed to the child."

At first I will calmly try to respond that the Meat Industry that makes a profit off of selling "USDA Inspected Meat" can not blame the consumer if the product actually contains a pathogen that can severely sicken or kill a child. What other product in the United States would a manufacturer expect consumers to fix themselves before they used it for “gawds” sake? The reply to my calm response will be:

"The consumer should know that meat may contain bacteria and they are told to cook it."

My calmness will now fade. Think about the little labels on meat that you buy in the store - the ones that tell you to cook the meat to “thoroughly” - of course they also say USDA inspected too. However, the labels do not say "THE USDA INSPECTION MEANS NOTHING. THIS PRODUCT MAY CONTAIN A PATHOGENIC BACTERIA THAT CAN SEVERELY SICKEN OR KILL YOU AND/OR YOUR CHILD. HANDLE THIS PRODUCT WITH EXTREME CARE." I wonder why the Meat Industry does not want a label like that on your pound of hamburger. It knows that the label would be truthful. Do you think it might be concerned that Moms and Dads would stop buying it?

The day the industry puts a similar label on hamburger is the day that I will go work for them.

The reality is that the Meat Industry seems to be back at the point where it cannot assure the public that the meat we buy is not contaminated. So, instead of finding a way to get cattle feces out of our meat, they blame parents (and presumably all the teenagers that work at all the burger joints in America) when children get sick.

Consumers can always do better. However, study after study shows that, despite the CDC estimated 76 million people getting sick every year from food borne illnesses, the American public still has misconceptions and overconfidence in our Nation's food supply. According to a study by the Partnership for Food Safety Education, fewer than half of the respondents knew that fresh vegetables and fruits could contain harmful bacteria, and only 25% thought that eggs and dairy products could be contaminated. Most consumers believe that food safety hazards can be seen or smelled. Only 25% of consumers surveyed knew that cooking temperatures were critical to food safety, and even fewer knew that foods should be refrigerated promptly after cooking. Consumers do not expect that things that you cannot see in your food can kill you.

Consumers are being blamed, but most lack the knowledge or tools to properly protect themselves and their children. The FDA has stated, "Unlike other pathogens, E. coli O157:H7 has no margin for error. It takes only a microscopic amount to cause serious illness or even death." Over the last few years our Government and the Meat Industry have repeatedly told the consumer to cook hamburger until there is no pink. Yet, recent university and USDA studies show meat can turn brown before it is actually "done." Now the consumer is urged to use a thermometer to test the internal temperature of the meat. However, how do you use one, and who really has one?

Many consumers wrongly believe the Government is protecting the food supply. How many times have we heard our Government officials spout, "The US food supply is the safest in the world.” Remember, however, that just in the last year we have had E. coli outbreaks in spinach and lettuce, Salmonella outbreaks in tomatoes and peanut butter, poisoned animal feed, and now E. coli in meat is back on the front page.

Where is the multi-million dollar ad campaign to convince us of the dangers of hamburger, like we do for tobacco? The USDA's FightBAC and Thermy education programs are limited, and there are no studies to suggest that they are effective. Most consumers learn about food safety from TV and family members - If your TV viewing habits and family are like mine, these are highly suspect sources of good information - I've never heard Simon on American Idol talk about this topic with Paula.

The bottom line is that you cannot leave the last bacteria "Kill Step" to a parent or to a kid in a fast food joint. The industry that makes billions off of selling meat must step up and figure out why outbreaks and illnesses are happening again, and clean up their mess. They can, and someday will, if I have anything to say about it - again. That day will come much faster if they start working on it now, and stop blaming the victims.

Darrell Smith of the Sacramento Bee continues to cover the ongoing meat recalls and resulting illnesses:

Cynthia Centura stopped by a Stater Bros. supermarket to pick up ground beef -- a must to make the spaghetti she was planning for dinner Sunday night menu at her home in Hemet. She couldn't have known that the meat produced less than two hours away by a Los Angeles-area meat processor and stocked at one of the Southland's most popular supermarket chains would severely sicken her 4-year-old daughter, Lauren Fournier. She is one of 14 people who fell ill after eating ground beef tainted with the potentially deadly bacteria E. coli O157:H7. Fournier's parents are taking Vernon-based United Food Group LLC to court in Riverside County, seeking unspecified damages.

The lawsuit, filed Thursday, appears to be the first legal salvo fired against United Food as debate over food safety continues to grow in the face of a 5.7 million-pound, 11-state recall of the tainted ground beef.

In Fournier's case, court records show, the E. coli bacteria lodged in the child's large intestine and began to shut down her kidneys. She spent three weeks in a San Diego hospital recovering from the illness. All of the signs -- the cramping, the dehydration, the bloody diarrhea -- pointed to the same E. coli strain in last September's spinach scare. In that case, three people died and 205 others were sickened across 26 states.

Fournier was not the only person to fall ill after eating the tainted ground beef. It also sickened two people in nearby Los Angeles County, two in Colorado, six in Arizona and others in Idaho, Utah and Wyoming.

An investigation continues into how the beef was contaminated.

"We want to understand what happened. What was it that did this?" said William Marler of Seattle firm Marler Clark LLC, one of the attorneys representing Lawrence Fournier and Cynthia Centura in the case. Marler, who specializes in food safety cases, won multimillion-dollar settlements in high-profile E. coli cases in the 1990s, including a 1993 case against Jack in the Box after contaminated burgers sickened 650 people who ate at the fast-food chain. "Why did United wait for consumers to get sick?" Marler said. "There was a failure in the system somewhere."

Darrell Smith, Sacramento Bee Staff writer, and I spoke today:

The parents of a 4-year-old Riverside County girl sickened in April by E. coli-tainted ground beef cooked into spaghetti sauce have sued embattled Los Angeles-area meat processor United Food Group LLC for unspecified damages. The lawsuit was filed Thursday in Riverside County Superior Court.

According to the suit, Lauren Fournier suffered renal failure and was hospitalized at a San Diego hospital for nearly a month from complications of the potentially deadly bacteria. At least 14 people in six states have been sickened by the E. coli-tainted beef that triggered the first wave of what has turned into a massive recall June 3. An investigation continues into how the beef became contaminated. In all, 5.7 million pounds of ground beef has been recalled in 11 states..

"We want to understand what happened. What was it that did this?" said William Marler of Seattle firm Marler Clark LLC, one of the attorneys representing Lawrence Fournier and Cynthia Centura of Hemet in the case. "Why did United wait for consumers to get sick? There was a failure in the system somewhere."

William Marler, Herwig's attorney, said in a statement that "meat suppliers must keep their focus on preventing contamination from happening."

A Minnesota woman who became ill and was hospitalized after eating beef linked to an E. coli outbreak has sued the companies that produced and sold the meat, claiming they acted with negligence.  Anne Herwig filed the lawsuit Wednesday against meat producer PM Beef Holdings LLC and retailer Lund Food Holdings Inc.  Herwig is one of seven Minnesotans infected with E. coli bacteria this spring, leading PM Beef to voluntarily recall 117,500 pounds of beef trim products that were sent to distributors and retailers in Arizona, Illinois, Iowa, Michigan, Minnesota, Ohio, Virginia and Wisconsin.  The U.S. Department of Agriculture said the beef trim was produced March 27 and turned into ground beef sold under many different retail brand names. In Minnesota, officials have said it was ground at the stores where it was sold - Byerly's and Lunds.

Ten Arizona grocery stores are identified as having sold recalled ground beef that have been contaminated with E. coli.  Beef also shipped to, and people sickened in, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming.

The beef, distributed by California-based United Food Group LLC, has been blamed for an E. coli outbreak in 10 other Western states that resulted in 14 illnesses, spanning April 25 through May 18.  The Arizona Department of Health Services said the following Arizona retailers received ground beef from United Food Group and may have repackaged it under their store brand name:

# Albertson's (Kroger)

# Basha's

# Fry's

# 'R' Ranch Markets

# Safeway

# Sam's Club

# Save-a-lot

# Smart and Final

# Smith's (Kroger)

# Trader Joe's

There have been six reported human cases of E. coli in Arizona linked to the outbreak.  Three are in Maricopa, two in Yavapai, and one in Navajo Counties. The patients became ill between May 2 and May 12, health authorities said. They range in age from 6 - 63 years old. Three people required hospitalization.

I spoke with Tonya Mosley of our local NBC station this morning (See Video):

The recalled meat is no longer on store shelves.

SEATTLE – Attorney Bill Marler specializes in food safety cases, and the recent recall of 5.7 million pounds of meat has opened his eyes.  "What's happening right now is very concerning to me," said Marler.

The recall is the largest since the ConAgra E. coli outbreak of 2002. Marler says it has all the signs of a national emergency.  "I thought that we the industry had sort of cleaned this up."

Last Friday, the United Food Group based out of California expanded its earlier recall to include frozen and fresh beef products produced between April 6 and April 20 under the brand names of Moran's all natural, Miller Meat Company, Stater Brothers, Trader Joe's Butcher Shop, Inter-American Products and Basha's.  In Washington State, the beef was sold at Albertson's and Grocery Outlet under the brand names of Moran's, State Brothers, and Inter-American products.  In addition, the recalled products were shipped to stores in Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah and Wyoming. The affected grocery stores included Albertson's, Basha's, Grocery Outlet, Fry's, "R" Ranch Markets, Save-A-Lot, Save-Mart, Scolari's Wholesale Markets, Smart and Final, Smith's, Stater Bros. and Superior Warehouse.

More than 50 people have reportedly become ill. E. coli is a potentially deadly bacterium that can cause stomach cramps and diarrhea that may turn bloody. E. coli can sometimes lead to complications including kidney failure.

Marler says manufacturers began testing meat before it went out after the ConAgra outbreak. A system was put in place which mandates all meat should be tested for E.coli before being sent out.  Marler does not have a reason for the latest outbreak, but he has a theory.  "It was either tested or not tested before it was shipped."

This most recent strain of E.coli is very difficult to cook out of the meat. Marler suggests consumers return or throw away all beef bought from mid-April through mid-May.

"I would not eat it, under any circumstances."

I had a quick chat with Steve Bjerklie of Meat and Poultry News Thursday afternoon while I was stuck in Minneapolis after meeting with several victims of the recent E. coli outbreaks, illnesses and recalls. Now that the recalls are topping over 5,000,000 (yes, that is 5 Million) pounds of hamburger and other red meat, I am beginning to think of that great quote from Yogi Berra – “This is like déjà vu all over again.”

The spate of new E. coli outbreaks and E. coli-driven meat recalls this spring has surprised the law firm that won the original judgments against the industry in the wake of the watershed Jack in the Box outbreak 14 years ago. "It’s like the old Buffalo Springfield song," Bill Marler, chief partner at Marler Clark LLP in Seattle, told MEAT&POULTRY. "’Somethin’s happenin’ here, what it is ain’t exactly clear.’"

From 1993 into 2002, Marler said about 95 percent of his firm’s income came from E. coli cases brought against the meat industry by families of children and adults who had been sickened or killed by E. coli-adulterated meat. But then the cases dropped off – dramatically. "In 2003 there were a couple, in 2004 zero," he commented. "To be honest, we were heartened by the fact we were hardly seeing any new E. coli cases. My hope was that all the stuff the industry had been doing, particularly since 2002, was paying off."

In early June, United Food Group, which was one of the companies implicated in the Jack in the Box event in 1993, expanded its recall of E. coli-adulterated ground beef to cover 370,000 pounds in addition to the original 75,000 pounds the company recalled in late May. To date, according to Marler, 40 cases of E. coli sickness are linked to the United Foods outbreak.

But United Foods’ is hardly the only E. coli-related recall of the past six weeks. At the end of May, the Fresno County Department of Community Health in California announced it is investigating an E. coli outbreak among Fresno County residents. By the end of the month, 11 people had been confirmed ill with E. coli O157:H7 infections as part of the outbreak. On May 10, USDA’s Food Safety and Inspection Service announced a 117,500 pound recall of ground beef products processed by PM Beef Holdings in Windom, Minn. The meat had been sold to distributors and retail outlets in Arizona, Illinois, Iowa, Michigan, Minnesota, Ohio, Virginia, and Wisconsin. Minnesota and Wisconsin health officials have traced at least seven E. coli illnesses to consumption of ground beef products purchased at Lunds or Byerly’s stores in the two states.

On April 20, FSIS announced the recall of 107,900 pounds of frozen ground beef products processed by Richwood Meat Co. in Merced, Calif. The California Department of Health Services discovered E. coli adulteration during an investigation. The ground beef products were distributed to stores in Arizona, California, Idaho, Oregon, and Washington state. Also on April 20, FSIS and the Pennsylvania Department of Health announced steak products produced by HFX, Inc. of South Claysburg, Pa., and sold at Hoss’s Family Steak and Sea Restaurants, a Pennsylvania-based restaurant chain, were potentially contaminated with E. coli O157:H7. The announcement came after an investigation linked several E. coli illnesses to consumption of the steaks at Hoss’s. The meat processor recalled approximately 4,900 pounds of meat products.

"It’s another June like we were having back in 2002 and 2001," Marler, who was speaking on a telephone from an airport in Minnesota, where he had just filed a lawsuit against PM Beef Holdings, told M&P. "Basically what we’re seeing now is what we normally used to see. It’s not good."

Why does the litigation attorney think a cluster of outbreaks and recalls has suddenly occurred now, five years after he saw the pace dropped to zero? "I honestly don’t know," he said. "Why do the meat processors think it’s happening? That’s something I’d like to ask them."

He credits not just the industry but also the industry’s customers, including major supermarket and foodservice chains, with demanding better, cleaner processing for safer products. He thinks, however, that distribution may play a part in the recent outbreaks. "There’s a problem with the chain of distribution. Everybody who’s doing something to the meat, they’re a processor. And I don’t think some of them have the controls they need to have," the attorney said.

In recent years, Marler Clark’s food cases had centered for the most part on E. coli illnesses traced to lettuce, spinach and other fresh produce. Bill Marler thought he had left the meat industry behind, he said. "It’s strange and it’s disheartening. A couple months ago I was down in California talking to a reporter from CNN about the spinach situation, and he said, ‘We’re not hearing much about meat anymore,’ and I totally agreed with him. But it’s certainly a different situation now."

Ben McNeely of the Independent Tribune reported that now seven cases of E. coli have been confirmed by area hospitals.  The outbreak centers around Captain’s Galley Seafood Restaurant on Main Street in China Grove. Rowan and Cabarrus health officials said the common thread in all the patients is that they ate at the restaurant between May 26 and May 29.

In the last six weeks there have been at least six recalls of red meat and nearly 50 people sickened.

• Tyson Fresh Meats voluntarily recalled 40,440 pounds of ground beef products due to possible contamination with E. coli O157:H7. The ground beef products were produced on June 2, 2007 and were distributed to retail establishments in Alabama, Arkansas, Colorado, Kansas, Kentucky, Louisiana, Missouri, Mississippi, New Mexico, Oklahoma, Tennessee and Texas.

• Seven Minnesotans who were confirmed as part of the E. coli outbreak that prompted PM Beef Holdings to recall 117,500 pounds of beef trim products that was ground and sold at Lunds and Byerly’s stores.

• Thirteen people have been confirmed ill with E. coli O157:H7 infections after eating ground beef produced by United Food Group sold in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and Montana. 445,000 pounds of meat has been recalled.

• Over twenty people have been confirmed ill with E. coli O157:H7 infections in Fresno County. The Fresno County Department of Community Health inspected the “Meat Market” in Northwest Fresno, a potential source of the outbreak. The outbreak investigation is ongoing.

• Two people were confirmed ill with E. coli O157:H7 infections in Michigan after eating ground beef produced by Davis Creek Meats and Seafood of Kalamazoo, Michigan. The E. coli outbreak prompted Davis Creek Meats and Seafood to recall approximately 129,000 pounds of beef products that were distributed in Arkansas, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.

• Several people were confirmed ill with E. coli O157:H7 infections in Pennsylvania after eating E. coli-contaminated meat products at Hoss’s Family Steak and Sea Restaurants, a Pennsylvania-based restaurant chain that purchased its meat from HFX, Inc., of South Claysburg, Pennsylvania. As a result of the outbreak, HFX recalled approximately 4,900 pounds of meat products.

It is not even officially Summer and we have seen several E. coli outbreaks and nearly 40 illnesses. It is now close to 1,000,000 pounds of meat recalled. USDA, what is going on?

Tyson Fresh Meats, Inc., a Sherman, Texas, establishment, is voluntarily recalling approximately 40,440 pounds of ground beef products due to possible contamination with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The products subject to recall include:

* 1.5-pound trays of "ANGUS STEAK BURGER ALL NATURAL, 85/15, 6- 1/4 POUND PATTIES."
* 1.33-pound trays of "ANGUS STEAK BURGER ALL NATURAL, 85/15, EXTRA THICK, 4- 1/3 POUND PATTIES."
* 2.25-pound trays of "73/27 ALL NATURAL GROUND BEEF, CARNE MOLIDA DE RES."
* 5.5-pound trays of "73/27 ALL NATURAL GROUND BEEF, CARNE MOLIDA DE RES."

Each label bears the establishment number "Est. 244S" inside the USDA mark of inspection as well as a "Use or Freeze By" date of "JUN 13 07."

The problem was discovered through trim sampling done by the company. The ground beef products were produced on June 2, 2007 and were distributed to retail establishments in Alabama, Arkansas, Colorado, Kansas, Kentucky, Louisiana, Missouri, Mississippi, New Mexico, Oklahoma, Tennessee and Texas.

Ben McNeely of the Independent Tribune broke the story of the Rowan and Cabarrus health officials having confirmed four cases of E. coli and are investigating at least nine more.  Rowan Health Director Leonard Wood said many of the patients stricken with E. coli symptoms ate at Captain's Galley Restaurant in China Grove between May 26 and May 29.  Wood said the restaurant has been inspected and no obvious source of the infection has been found at the restaurant.  Cabarrus Public Health Director William Pilkington said four people from Cabarrus County have been hospitalized with symptoms of E. coli.  The health departments are investigating 12 to 16 possible cases, Pilkington said.  "That number could grow in the course of the investigation," Pilkington said.  No one who ate at the restaurant after May 29 has reported experiencing symptoms, Pilkington said.

Dawn House  of the Salt Lake Tribune reported today that  more people being sickened by E. coli bacteria in recalled ground beef prompted renewed pleas for consumers to check their freezers for the tainted product.  Beef in the recall, which has been broadened from 75,000 pounds to 370,000 pounds, has sickened 14 people in states from Utah to California, federal and state officials say. Five have been hospitalized.  The ground beef recall, which was initiated Sunday but was increased fivefold Wednesday and included a variety of brands sold by several difference grocery chains.

In April of 2005, the Centers for Disease Control and Prevention (CDC) announced that the incidence of E. coli O157:H7 infection traced to ground beef products had significantly declined. CDC attributed the decline to the implementation of a new set of recommendations from the United States Department of Agriculture’s Food Safety and Inspection Service (FSIS) in 2002 and the beef industry’s subsequent enhancement of food safety systems, including testing and control measures. In a press release issued on April 14, 2005, USDA Secretary Mike Johanns stated:

“The continued reduction in illnesses from E. coli O157 is a tremendous success story and we are committed to continuing this positive trend in the future. These results demonstrate that through innovative policies and strong and consistent enforcement of inspection laws, we are protecting the public's health through a safer food supply.”

It is true that since 2002, there has been a general decline in the number of E. coli cases traced to red meat, and an increase in the number of E. coli cases traced to fresh produce, namely bagged lettuce and spinach. But in the last weeks E. coli outbreaks traced to beef products have underscored the importance of continued efforts to protect the public from E. coli in meat.

1.    On June 4, FSIS warned consumers to discard ground beef products produced by United Food Group, LLC, of Vernon, California, after its products were traced as the source of an E. coli O157:H7 outbreak. United Food Group issued a recall of approximately 75,000 pounds of potentially contaminated ground beef, which was confirmed as the source of at least twelve E. coli O157:H7 illnesses among residents of several Western states and British Columbia. Most of the products were sold under the Moran's label at Albertsons stores in California, Idaho, Montana, Nevada, North Dakota, Oregon, Utah, Washington and Wyoming and Save-A-Lot stores in Arizona, California, and Nevada.

2.    On May 29, the Fresno County Department of Community Health issued a press release stating that it was investigating an E. coli outbreak among Fresno County residents. As of May 31, eleven people had been confirmed ill with E. coli O157:H7 infections as part of the outbreak, and the Health Department had inspected the “Meat Market” in Northwest Fresno, a potential source of the outbreak. The outbreak investigation is ongoing.

3.    On May 11, FSIS announced that Davis Creek Meats and Seafood of Kalamazoo, Michigan, was recalling approximately 129,000 pounds of beef products due to possible contamination with E. coli O157:H7. The recall was issued in response to a Michigan Department of Community Health investigation into the E. coli illnesses of two Michigan residents. The potentially contaminated beef products were distributed in Arkansas, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.

4.    On May 10, FSIS issued a recall notice to consumers who may have purchased ground beef products made with beef trim products produced by PM Beef Holdings, LLC, of Windom, Minnesota. PM Beef Holdings recalled approximately 117,500 pounds of beef trim products, which were sold to distributors and retail outlets in Arizona, Illinois, Iowa, Michigan, Minnesota, Ohio, Virginia, and Wisconsin. The beef trim products were subsequently ground and sold under different retail names. Minnesota and Wisconsin health officials traced at least seven E. coli illnesses to consumption of the ground beef products, which were purchased at Lunds or Byerly’s stores in the two states.

5.    On April 20, FSIS announced the recall of 107,900 pounds of frozen ground beef products produced by Richwood Meat Co., of Merced, California, stating that the California Department of Health Services had discovered E. coli contamination during an investigation. The ground beef products were distributed to stores in Arizona, California, Idaho, Oregon, and Washington.

6.    Also on April 20, FSIS and the Pennsylvania Department of Health warned consumers that steak products produced by HFX, Inc. of South Claysburg, Pennsylvania, and sold at Hoss’s Family Steak and Sea Restaurants, a Pennsylvania-based restaurant chain, were potentially contaminated with E. coli O157:H7. The announcement came after an investigation linked several E. coli illnesses to consumption of the steaks at Hoss’s. HFX recalled approximately 4,900 pounds of meat products.

Marler Clark has been retained by victims of many pf the above-listed E. coli outbreaks, and has been contacted by several more who are seeking legal representation. Bill Marler, managing partner of Marler Clark, commented on the recent outbreaks: “This recent up-tick in E. coli cases traced to meat products is certainly cause for concern. I hope we’re not seeing a reversal in all the progress that has been made in recent years to curb E. coli contamination in meat processing plants.”

The Consumer Protection Division of the Colorado Department of Public Health and Environment  announced that ground beef has been recalled due to possible contamination with E. coli O157:H7. State laboratory tests have identified two E. coli 0157:H7 cases in Colorado that have been linked to the recalled ground beef. Both adults became ill in early May and have fully recovered.  According to California Health officials, the same ground beef tainted with a deadly strain of E. coli sickened a dozen people in five states and Canada, including three in southern California.

United Food Group, LLC, a Vernon, California (I could not find a web site), establishment, voluntarily recalled (with a nudge from FSIS) approximately 75,000 pounds of its ground beef products, which were distributed at Albertsons stores in Colorado (and several other Western States).

The labels of the recalled ground beef bear the Moran’s label and the establishment number “EST. 1241” inside the USDA mark of inspection. All of the products bear a “sell by” date of “May/06/07,” a “freeze by” date of “May/07/07” or a “produced on” date of “April /20/07.”

The products subject to the recall include the following:

•10-pound boxes of “MORAN’S All Natural, 73/27 fine ground beef”
•10-pound boxes of “MORAN’S All Natural, 90/10 fine ground sirloin”
•2-pound chubs of “INTER-AMERICAN PRODUCTS 93/7 ground beef”
•1-pound chubs of “INTER-AMERICAN PRODUCTS 80/20 ground beef”
•1-pound chubs of “MORAN’S All Natural 73/27 ground beef”
•5-pound chubs of “MORAN’S All Natural 73/27 ground beef”
•3-pound chubs of “MORAN’S All Natural 73/27 ground beef”
•1-pound chubs of “MORAN’S All Natural, 90/10 fine ground sirloin”
•2-pound chubs of “MORAN’S All Natural 93/7 ground beef”
•2-pound chubs of “MORAN’S All Natural 96/4 ground beef”
•3-pound chubs of “STATER BROS. MARKETS 73/27 ground beef” 

Parent company Supervalu (I have had cases against them) said on Monday it was recalling some ground beef sold in its Albertsons and Save-A-Lot stores under the Moran label.  Supervalu's announcement stems from a recall announced Sunday by meat supplier United Food Group LLC of 75,000 pounds of contaminated ground beef. United Food also recalled meat sold at Grocery Outlet, Fry's, Save-Mart, Smart and Final, Smith's and Stater Bros. stores. The products have been recalled from Albertsons stores in California, Idaho, Montana, Nevada, North Dakota, Oregon, Utah, Washington and Wyoming, and from Save-A-Lot stores in Arizona, California and Nevada.

VEGGIE INSPECTIONS

Sen. Dean Florez, D-Shafter, has three bills that would step up efforts to prevent contamination of green leafy vegetables with E. coli bacteria. The bills were introduced after officials linked Salinas Valley spinach and lettuce to E. coli outbreaks last year that killed at least three people and sickened about 300. Florez's proposals would give state public health officers the authority to set sanitary standards for growers, conduct field inspections and adopt recall procedures.

Minnesota Department of Health and Agriculture officials investigated seven cases of E. coli O157:H7 infections associated with eating ground beef purchased from Lund’s or Byerly’s stores. All of the cases had purchased the ground beef from one of four Lund’s or Byerly’s stores in Minneapolis in April. The cases include two children and five adults. Three of the cases were hospitalized.

We have been contacted by the families of those hospitalized. Interestingly, Lund’s and Byerly’s contacted victims of this outbreak directly (wonder how they secured the addresses). The letter is below. Interesting that there is no apology.