Botulism Cases in Texas, California, Hawaii, Indiana and Georgia

As the recall that has not been a recall winds on, more cases of botulism, or suspected cases are showing up.

More suspected botulism cases probed

State health officials are investigating a third suspected case of botulism that an Indiana resident may have contracted by eating one of the products included in a recent canned meat recall.

The person ate one of the products on Sunday and became ill, although officials will not know whether it is botulism until test results return in a few days, said Lynae Granzow, an epidemiologist with the Indiana Department of Health. Granzow said today she was not sure which of the recalled products the patient might have eaten.

“Even though this recall has been out and we keep asking the media and the public to communicate the message, persons still are unaware of it,” she said. “Make sure this is absolutely not on your shelves.”

So far, four confirmed cases of botulism have been reported — two from Indiana and two from Texas. All four people consumed Hot Dog Chili Sauce Original, a product made by Castleberry’s. But health officials in other states, including Hawaii and California, are also investigating possible cases.

Hawaii botulism test results awaited
A state Department of Health official yesterday discounted a second reported case of botulism on Maui because the symptoms "didn't meet the criteria" for the foodborne illness.

Department spokeswoman Janice Okubo said the man who became ill, Wailuku attorney Keith Regan, was not hospitalized after going to the Maui Memorial Medical Center emergency room on Friday, and that no testing was ordered to determine if he had eaten food containing the botulinum toxin, which affects the nervous system and can cause paralysis and death.

Because no testing was done, Regan said, he doesn't know if he had botulism or not. "I'm not sure. I just know I didn't feel right, and when I heard about the other guy, it made me think about what I had been eating," he said. Like Stockton, Regan said he was unaware that Cattle Drive brand chili was included in the recall, since the notices mentioned Castleberry's, a name unfamiliar to most consumers.
Posted on July 31, 2007 by Food Poisoning Lawyer
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Update: Botulism

This week's Morbidity and Mortality Weekly Report (MMWR), a publication put out by the CDC, contains an update on the current investigation into the botulism outbreak that was traced to consumption of Castleberry's chili products. 
Botulism Associated with Commercially Canned Chili Sauce --- Texas and Indiana, July 2007

On July 7 and July 11, 2007, public health officials in Texas and Indiana, respectively, reported to CDC four suspected cases of foodborne botulism, two in each state. Investigations conducted by state and local health departments revealed that all four patients had eaten brands of Castleberry's hot dog chili sauce before illness began. Botulinum toxin type A was detected in the serum of one Indiana patient and in a leftover chili mixture obtained from his home. CDC informed the Food and Drug Administration (FDA) of the apparent link between illness and consumption of the chili sauce. On July 18, FDA issued a consumer advisory, and the manufacturer, Castleberry's Food Company (Augusta, Georgia), subsequently recalled the implicated brand and several other products produced in the same set of retorts (commercial-scale pressure cookers for processing canned foods) at the same canning facility. Examination of the canning facility in Georgia during the outbreak investigation had identified deficiencies in the canning process. On July 19, the U.S. Department of Agriculture Food Safety and Inspection Service (FSIS) issued a press release that announced a recall of chili and certain meat products from the Castleberry canning facility and provided recommendations to consumers. That recall was expanded on July 21 to include additional canned products. A fifth case of botulism potentially linked to one of the recalled products is under investigation in California. This report describes the ongoing investigation by members of OutbreakNet* and others and the measures undertaken to control the outbreak, which is the first outbreak of foodborne botulism in the United States associated with a commercial canning facility in approximately 30 years.
Posted on July 30, 2007 by Bill Marler
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Wailuku, Hawaii man, Jon Stockton, suffering botulism symptoms released from hospital - Castleberry Chili to blame


We have been investigating several potential cases of botulism after receiving calls and emails from around the country over the last several days.  Given the widespread reach of the potentially contaminated product, and how poor the recall has been done, the fact the the number of ill has been rising is not surprising.  Confirmed cases so far (in addition to this Hawaii case) are two each from Texas and Indiana and one each from California and Georgia.

The Associated Press reported today some good news:
A Maui man who was hospitalized after eating a can of chili that was recently recalled because of potential botulism contamination has been released. Jon Stockton, 33, of Hana, was discharged in stable and improved condition Saturday morning, a hospital supervisor said. Stockton had been hospitalized Thursday with muscle weakness and paralysis in his face after eating Cattle Drive brand chili, which is manufactured by Castleberry's Food Co. of Augusta, Ga., and was part of a voluntary recall.
"My face started feeling like it had a Novocain shot in it, all numb," Stockton said. "When it started, my eyes were twitching, like I couldn't control them. then my tongue went numb. And then my chin yesterday, and today, my throat is feeling kind of dry."
Botulism is a muscle-paralyzing disease caused by the Clostridium botulinum bacteria.

Food and Drug Administration investigators believe Castleberry's failed to properly cook some or all of more than 90 potentially contaminated products, including chili sauces and dog food. The bacteria thrive in oxygen-free and moist environments like those of sealed cans.
Posted on July 30, 2007 by Bill Marler
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Botulism suspected in ailing Maui man

I just landed at the Hawaii airport on my way to Australia and I see the following headline:

Botulism suspected in ailing Maui man
Hawaii health officials are investigating the case of a Maui man who might have contracted botulism from a recalled canned food product.

On Tuesday, Jonathan Stockton of Maui ate a can of Cattle Drive brand chili, one of the recalled products. Two days later he checked into Maui Memorial Medical Hospital with muscle weakness and paralysis in his face.

State Department of Health officials said yesterday that Stockton's case meets some clinical criteria for botulism. Officials are trying to confirm the botulism poisoning by sending Stockton's blood samples to the Centers for Disease Control and Prevention in Atlanta. If recovered, a sample of the chili will also be sent in for testing, officials said.

A week ago, Castleberry's Food Co. in Augusta, Ga., recalled more than 90 brands of canned food, shutting down its plant. Two people in Texas and two in Indiana were confirmed to be sick and hospitalized from the contaminated food, according to the CDC. Castleberry's makes Cattle Drive chili.

In California, officials are trying to confirm a link between a case of confirmed botulism in a San Diego woman and the recalled food.

Hawaii health officials are conducting spot checks to remove any of the recalled products that could still be on store shelves.

The last confirmed Hawaii botulism case was in 1990, according to Janice Okubo, state Health Department spokeswoman.
Posted on July 28, 2007 by Food Poisoning Attorney
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Recalled Clostridium botulinum bacteria Canned Foods Continue to Be Found on Grocery Shelves

Or, When is a recall not really a recall?

The New York Times and Associated Press continue to report on the slow pace of the “recall” of contaminated Castleberry canned goods from stores all over the country:
Recalled Canned Foods Continue to Be Found on Grocery Shelves
Stores continue to sell recalled canned chili, stew, hash and other foods potentially contaminated with poisonous bacteria even after repeated warnings. Thousands of cans are being removed from shelves as quickly as investigators find them, more than a week after Castleberry’s Food began recalling more than 90 potentially contaminated products over fears of botulism.
The fact that this “voluntary recall” is still ongoing only underscores the need for change. RECALLS, should mean something. If a product has been found to be contaminated, it should be pulled from the shelves of stores quickly – “voluntary recalls” should be mandatory – no arguing, no excuses – it should be the law.

Posted on July 27, 2007 by Food Poisoning Lawyer
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San Diego California Woman Diagnosed With Botulism


State health officials announce that a middle age woman from San Diego County has been diagnosed with botulism. Authorities are trying to determine if the 51-year-old San Diego County woman's illness was caused by consuming a Castleberry product.

Health officials said Friday in a news release that the sickened woman reported buying and eating a can of Kroger Chile With Beans prior to getting ill in early July. The woman was hospitalized afterward and is now recovering at home.

"The confirmed case of botulism poisoning in San Diego reminds us of the serious health risk posed by this toxin," said Dr. Mark Horton, the director of the California Department of Public Health. "Californians should remain vigilant about not consuming the recalled products. If you have the recalled product, discard it immediately."
Posted on July 27, 2007 by Food Poisoning Lawyer
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Castleberry's Botulism Recall Update - Ill people in Texas and Indiana

In June of this year I posted on www.foodpoisonblog.com an entry on Botulism.  I had no idea that this recall and outbreak would occur within weeks.  Andrew Bridges of the Associated Press wrote today:
Bursting cans of tainted food give new urgency to warnings about botulism

Cans of recalled food are bursting, swollen with the bacteria that causes botulism.  The bursting cans were among those being held by Castleberry’s Food Co., which announced last week a massive recall that now includes more than 90 potentially contaminated products, including chili sauces and dog foods.  News about the bursting cans gives new urgency to warnings from federal health officials to get rid of the recalled cans from pantries and store shelves.  Four people have been sickened and hospitalized by the contaminated food, according to the Centers for Disease Control and Prevention. The recall covers potentially tens of millions of cans of food; officials fear the tally will grow.

Food and Drug Administration investigators believe the company failed to properly cook some or all the products, allowing the Clostridium botulinum bacteria to survive the canning process.

The bacteria produce a toxin that causes botulism, a muscle-paralyzing disease.

"We’re not talking here about a bug that lands you in the bathroom for a few days with diarrhea. We’re talking about a toxin that puts you in the intensive care unit," said Dr. David Acheson, the FDA’s lead food safety expert. "This is foodborne illness with an extra kick in it, big time."

"The longer this stuff stays in the can, the worse it gets," Acheson said.

The bacteria thrive in moist, oxygen-free environments; inside canned food is a perfect place.  As the bacteria grow and reproduce, they produce gases that can cause contaminated cans to swell and burst. Health officials warn the extremely potent toxin can infect people if it is inhaled, swallowed or absorbed through the eye or breaks in the skin.

Please see full Recall List here.
Posted on July 26, 2007 by Food Poisoning Attorney
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Off to "Down Under"

My first talk is next week at the 14th Annual Australian HACCP Conference - I will be giving them a United States perspective on Foodborne Illnesses and Class Actions.

Interestingly, today the press picked up a tentative Class Settlement in a Hepatitis A case we filed.


Tentative agreement reached in Houlihan's hepatitis A case
A tentative settlement has been reached for diners exposed to hepatitis A at Houlihan's restaurant in Geneva Commons. The agreement, reached July 12, turns the lawsuit filed by the Johnson family of Geneva into a class-action lawsuit. The lawsuit is open to anyone who ate or drank in the restaurant between Jan. 8 and 19 and subsequently received immunoglobulin shots from the Kane County Health Department or a private physician. The class-action status is only binding if the settlement wins final approval by the court Nov. 27.

An estimated 3,000 dined at the restaurant during the January time period when an employee infected with hepatitis was working and was potentially contagious. The health department gave shots to more than 2,000 people to minimize the effects of the exposure. Most at risk are patrons who had drinks with contaminated ice.

Posted on July 26, 2007 by Salmonella Lawyer
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Pars Cove Salmonella cases up to 749



According to the Chicago Department of Health, as of noon today, a total of 757 people have reported that they became ill after they ate food purchased from the Pars Cove booth—up from the 749 reported Tuesday.  One hundred forty-six of the 757 are laboratory-confirmed cases of salmonellosis, with more results pending—up from the 133 reported on Tuesday. Of these 146 cases, 117 have been identified as Salmonella Heidelberg, one of the more common Salmonella serotypes in the United States.  A total of 35 people are known to have been hospitalized.
Posted on July 26, 2007 by Salmonella Lawyer
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Nebraska Firm Recalls Ground Beef and Buffalo Products Due to Possible E. Coli O157:H7 Contamination


Custom Pack, Inc., a Hastings, Neb., establishment, is voluntarily recalling approximately 5,920 pounds of ground beef and buffalo products because they may be contaminated 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:

* 10-pound bags of “CUSTOM PACK, INC., GROUND BEEF.” Each label bears a package date of “6-1,” “6-4,” “6-5,” “6-7,” “6-8,” “6-11,” 6-12” or “6-13.”
* 25-pound boxes of “3.2 OZ. BEEF PATTIES.” Each box bears the package date of “6-7-07.”
* 25-pound boxes of “4 OZ. BEEF PATTIES.” Each box bears the package date of “6-7-07.”
* 25-pound boxes of “5 1/3 OZ. BEEF PATTIES.” Each box bears the package date of “6-7-07.”
* 25-pound boxes of “8 OZ. BEEF PATTIES.” Each box bears the package date of “6-7-07.”
* 6-pound boxes of “16-6 OZ. CHAR PATTIES.” Each box bears the package date of “6-7-07.”
* 12-pound boxes of “GROUND BUFFALO PATTIES.” Each box bears the package date of “6-7-07.”

Each package also bears the establishment number “Est. 5650” inside the USDA mark of inspection.

The ground beef products were produced between June 1 and June 13, 2007, and were distributed to restaurants and institutions in Nebraska. The ground buffalo patties were produced on June 7, 2007, and distributed to restaurants and institutions in Colorado. None of these products were sold through grocery stores.
Posted on July 25, 2007 by Bill Marler
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Food Safety Assignment


This coming Saturday, I am off to Australia to give a series of speeches to government and industry on food safety and the legal implications. My first talk is in Queensland, where I will be speaking on “Class Actions Relating to Foodborne Illness in the USA.” My next series will be in Melbourne – “The Science and Law of Tracking Foodborne Illness” and “Pure and Wholesome: Is Food A Risky Business?”

Being gone for a bit “Down Under” made me think about the obvious and growing crisis in the safety of the US food supply, both domestic and imported. Over the years I have asked repeatedly that I be “put out of business.” Yet, business for my law firm has never been better. For example:
-  In the Fall of 2006, E. coli in lettuce in Utah nearly killed two young women, E. coli in spinach sickened hundreds nationwide and killed at least four, and Salmonella in tomatoes caused two outbreaks of hundreds each that went nearly unnoticed.

-  Valentines Day 2007 brought the recall of 180,000,000 jars of peanut butter and a landslide of lawsuits, including 30 class action lawsuits.

-  Spring 2007 arrived and showed us that recent meat industry efforts at improving meat safety have begun to erode, with 7,000,000 pounds of meat recalled and over 50 ill in several (seemingly) unrelated outbreaks across the country.

-  Then it was Salmonella in Veggie Booty, 700 sickened in Chicago from eating contaminated hummus, and now botulism in canned chili.
It all does make you wonder, as one Congressman quipped: "Who needs Al-Qaeda when you have got E. coli?"

I will not be gone long, and I will—to some folks’ dismay—still be connected. But while I am gone, why doesn’t the entire food chain—from “farm-to-fork”—think about ways to enhance the safety of the food supply, such as:

Growers:
  1. Develop and implement Hazard Analysis Critical Control Point-based systems (and if you can't have HACCP on the farm, say HACCP-based);
  2. Conduct microbial testing on soils, water and product on a routine basis;
  3. Develop a product coding system down to the unit package level (bag, clamshell) allowing rapid trace back;
  4. Support mandatory regulation of the produce industry at Federal, State and local levels; and
  5. Support research to determine the critical values for the safety of food, water, air and soils in farming operations.
Manufacturers:
  1. Improve Hazard Analysis Critical Control Point systems;
  2. Create a culture of food safety and sanitation within the firm;
  3. Institute a profit sharing model to engage employees fully in the health and well-being of the organization;
  4. Require all suppliers of raw materials to have HACCP systems in place; and
  5. Audit yourself and your suppliers.
Restaurants:
  1. Train and certify managers and train employees in food safety;
  2. Create a culture of food safety within the firm;
  3. Provide frontline management with the authority, not just the responsibility, for food safety;
  4. Provide a line item budget for food safety; and
  5. Provide accessible health insurance for employees.
Regulators:
  1. Build win-win industry partnerships while maintaining autonomy to independently protect public health;
  2. Provide an outsourced system to maintain inspection schedules, shift cost to industry;
  3. Require all operators of all food-related businesses to have a valid, verifiable food safety management system;
  4. Develop and implement science-based auditing techniques moving away from the poke-and-sniff inspection models; and
  5. Apply risk assessment to identify high risk operations for more intensive interventions and strengthen surveillance.
Consumers:
  1. Support consumer activist organizations that base their platforms on science and public health protection;
  2. Become more knowledgeable about food safety;
  3. Use a thermometer when cooking and do not undercook or consume raw high-risk foods such as ground beef, seafood, and chicken;
  4. Demand that restaurants be graded for food safety and that the grades be posted; and
  5. Support your Federal, State and local government's efforts in food safety regulation and vote for candidates that value public health protection.
I wish you the best on your assignments. And, remember, I will be 14 hours and 1 day ahead of you.

And, no, it is not a family reunion.
Posted on July 24, 2007 by Bill Marler
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Castleberry Botulism scare forces wider recall



Elizabeth Weise of USA TODAY wrote today:
Tens of millions of cans of chili, chili sauce, beef stew, corned beef and dog food are being recalled nationwide because of possible contamination with the deadly botulinum toxin, the Food and Drug Administration said Monday. The recalled cans cover more than 90 brands and every "best by" date on the market. Four cases of botulism, two in Texas and two in Indiana have been traced to the contaminated foods. The four patients were all hospitalized but are recovering, says Michael Lynch of the Centers for Disease Control and Prevention. Georgia-based Castleberry Food Co., a subsidiary of Bumble Bee Seafoods, first issued a recall Wednesday after the botulism cases were traced back to its Hot Dog Chili Sauce Original. Nine other products also were included in that recall. The recall was expanded Saturday to include 80 brands made at the Augusta, Ga., processing plant. Although only the chili sauces have been linked to the illnesses, Castleberry's is recalling everything made on that manufacturing line.
Posted on July 24, 2007 by Bill Marler
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Seattle lawyers represent Romeoville couple in Salmonella lawsuit against Pars Cove

Marler Clark, the Seattle law firm that has represented thousands of victims of Salmonella and other food poisoning outbreaks, filed a lawsuit today against Iran Echo International Corp., the owner of the Pars Cove Persian Cuisine booth that was identified as the source of a large Salmonella outbreak at this year’s Taste of Chicago festival. The lawsuit was filed in Cook County Circuit Court on behalf of Kenneth and Donna Searcy, a Romeoville, Illinois, couple who ate food from the Pars Cove Taste of Chicago booth on July 2, and subsequently became ill with Salmonellosis.
Posted on July 24, 2007 by Bill Marler
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Seven in New York with E. coli - cases tied to Minnesota, Michigan and California


Chau Lam at newsday.com broke another story of E. coli illnesses tied to the consumption of hamburger.  Seven people in Suffolk County were sickened in recent weeks after eating undercooked ground beef contaminated with E. coli bacteria, county health officials said Monday.  Test results showed that the bacteria strain in three of Suffolk's cases matched cases reported in Minnesota, California and Michigan.  Yesterday I posted on www.ecoliblog.com my concern about the growing number of E. coli cases that have surfaced in the last few months.

FSIS has recalled over 7,000,000 pounds of red meat in 2007- something is up.
Posted on July 23, 2007 by E. coli Attorney
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Salmonella Heidelberg Cases Near 750 in Chicago

As of noon today, a total of 736 people have reported that they became ill after they ate food purchased from the Pars Cove booth—up from the 717 reported Friday. One hundred twenty-four of the 736 are laboratory-confirmed cases of salmonellosis, with more results pending—up from the 116 reported on Friday. Of the 124, 98 have been identified as Salmonella Heidelberg, one of the more common Salmonella serotypes in the United States. A total of 32 people have been hospitalized—up from the 31 reported on Friday.  We will likely enter litigation this week.  We have been contacted by dozens of victims because of our nearly 15 years of experience with salmonella food poisoning cases like this.

Posted on July 23, 2007 by Salmonella Attorney
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Marler Profile in "The Lawyer"


I got profiled in the Seattle University Alumni Magazine – “The Lawyer.”

Click here to download the full article.

Posted on July 23, 2007 by Bill Marler
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Email from a Client

Please pass this on: I am 55 years old and having been married for 37 years, so I have been grocery shopping for at least that long. I got sick from spinach; last month I opened a can of Geisha brand peaches (from China but distributed from New York) only to find a dead fly in the can; and this past week I purchased 2 cans of Castleberry's hot dog chili sauce distributed from Augusta, GA that have been recalled. Am I being paranoid or is someone out there trying to kill Americans with the food chain, or just me in particular? What's going on here and how can we protect ourselves other than reverting back to growing our own food. I know growing up if we didn't shoot it, reel it in or grow it, we didn't eat it (ie; deer meat, fish (lots & lots of fish) and fresh vegetables & fruits grown by family members.) What's going on here with the food chain is scaring the h_ _ _ out of me. Too many things happening in a very short time frame to me.
Posted on July 23, 2007 by Bill Marler
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Atlanta Georgia Woman Hospitalized with Possible Botulism Food Poisoning Caused by Castleberry Hot Dog Sauce - Two children in Texas and an Indiana couple hospitalized with Botulism Poisoning


Duffie Dixon of My Atlanta TV reports that a Woman (a medical student) Hospitalized After Eating Castleberry's Chili.
An Atlanta woman remains hospitalized after eating what may be tainted chili included in the expanded recall issued Friday. Castleberry's Food Co. of Augusta recalled more than 80 types of canned chili, beef stew, corned beef hash and other meat products in addition to the 10 brands it had recalled Thursday. Authorities believe the cans may contain strains of Clostridium botulinum, a bacterium that causes botulism, a muscle-paralyzing disease.

"All during the night, she just had these headaches and this constant having to go to the bathroom," said her mother Patricia Ituen. "Later in the day, her sister asked, 'what did you have to eat, Karmellia?' She said, 'Well, I had, Castleberry's Chili.'"
What is as concerning is that the store where the product was purchased seemed to know nothing about the recall days after the recall was announced:
Friday, recalled cans were still on the shelves of at least one area grocery store, as 20-year-old Karmellia Ituen bought a can of Castleberry's Onion Hot Dog Sauce, using approximately a quarter of it to cover two hot dogs. After eating the hot dogs, she said she didn't feel well. She awoke Saturday to a severe headache, diarrhea and vomiting.

Her sister knew the chili was under recall, and the family retrieved the can from the trash. Ituen, a medical student at the University of Georgia, then went to the hospital, where she remained Sunday night. As of Sunday morning, though, the cans were still on the shelves at the store, who said they were unaware of the recall.
It will be interesting if this is a case of botulism poisoning or some other illness.  As I mentioned in an earlier post, a very small amount (a few nanograms) of toxin can cause illness. The classic symptoms of botulism include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth, and muscle weakness. Infants with botulism appear lethargic, feed poorly, are constipated, and have a weak cry and poor muscle tone. These are all symptoms of the muscle paralysis caused by the bacterial toxin. If untreated, these symptoms may progress to cause paralysis of the arms, legs, trunk and respiratory muscles. In foodborne botulism, symptoms generally begin 18 to 36 hours after eating a contaminated food, but they can occur as early as 6 hours or as late as 10 days.
Posted on July 23, 2007 by Food Poisoning Lawyer
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Stump Acres Dairy stops giving away raw milk



Teresa Ann Boeckel of the Daily Record/Sunday News wrote this morning:

Pennsylvania State officials say some customers got salmonella
Stump Acres Dairy has stopped giving away raw milk after some customers became sick and were diagnosed with salmonella this month. This marks the third time this year that the North Codorus Township dairy has stopped selling or giving away raw milk because of customers becoming ill.

Consumers who got raw milk from the dairy in July experienced gastrointestinal illness and have been diagnosed with salmonella, according to a news release from the Pennsylvania Department of Agriculture and the Pennsylvania Department of Health. A recent laboratory test result confirmed the presence of salmonella in raw milk at the dairy, the news release states.

Terry Stump, the son of the dairy owner, said Stump Acres hasn't sold raw milk for about two months. However, the dairy has given it away to people who ask for it. “We will not be giving it away,” Stump said Saturday.
I say - THANK GOODNESS!  Given that there have been repeated incidences of bacterial illnesses related to raw milk, one wonders why the www.westonaprice.org group still exists.  We have been involved with two legal cases involving raw milk sales and illnesses.  I gave a talk last year on the legal implications of selling (or giving away) raw milk - PowerPoint Link.

According to the FDA:
Consuming raw milk may be harmful to health.  From 1998 to May 2005 CDC identified 45 outbreaks of foodborne illness that implicated unpasteurized milk, or cheese made from unpasteurized milk.  These outbreaks accounted for 1,007 illnesses, 104 hospitalizations, and two deaths. This is based on information in CDC's Morbidity and Mortality Weekly Report for the week of March 2, 2007.  The actual number of illnesses was almost certainly higher because not all cases of illness are recognized and reported.

Posted on July 22, 2007 by Salmonella Attorney
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Will Bagged Leafy Greens be Safe?

I was reading San Diego Union-Tribune writer, Diane Lindquist’s article: Keeping Greens Green - Industry-run program to improve food safety will begin tomorrow, about the hopeful use of the California  Marketing Agreement as a way to prevent the next E. coli O157:H7 outbreak tied to California Leafy Greens, when I also spotted the following article by Richard Gray, Science Correspondent, of the UK Telegraph:

One in 10 salads has poisonous bacteria
Food safety experts are calling for stricter production controls on ready-to-eat salads after tests revealed that many contain bacteria, which can cause potentially deadly food poisoning.

A report compiled by the government's Health Protection Agency (HPA), found that one in 10 pre-packaged salads containing meat or seafood was contaminated with the listeria bacteria. Evidence of E. coli and salmonella was found in some bags of salad.

The HPA report, which involved testing more than 2,600 ready-to-eat salads, concluded that the control of bacteria in food manufacturing and in shops was essential to minimize the potential for hazardous food contamination.

Food poisoning due to contaminated salad is still rare. The HPA has recorded two notable outbreaks in the past two years, although only the most serious cases that result in hospitalization will be reported.

David Barney, from the Fresh Prepared Salad Producers Group, which represents the industry in the UK, said that the washing and preparation procedures used by producers removed far more bacteria than consumers could in their homes.

The UK pre-packed salad market is worth more than £300 million a year.
The Salinas Californian -  Leafy greens audits begin Monday

Some legislators and consumer and labor advocates say the agreement is unlikely to offer consumers greater protection, however.

“Monday is about more of the same,” said state Sen. Dean Florez, D-Shafter, who has so far failed in his attempts to pass legislation regulating the leafy greens industry. “Monday is cross-your-fingers day and hope nothing goes wrong.”

If anything, Florez said, the onset of the marketing agreement should remind consumers to protect themselves, because the industry continues to use a voluntary, self-policing system.

“I think consumers should be very afraid,” he said. “I think we want to make sure consumers know … that they need to protect themselves — wash your spinach, use good handling practices.”
Posted on July 22, 2007 by E. coli Lawyer
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Michigan Firm Recalls Ground Beef Products Due to Possible E. coli O157:H7 Contamination


Abbott's Meat Inc., a Flint, Mich., establishment, is voluntarily recalling approximately 26,669 pounds of ground beef products because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.  Each box also bears the establishment number "Est. 10215" inside the USDA mark of inspection.

The products subject to recall include:

* 10-pound boxes of "Abbott's GROUND BEEF PATTIE." Each box bears the product code "1160."
* 10-pound boxes of "Abbott's GROUND BEEF PATTIE 2/1." Each box bears the product code "1120."
* 10-pound boxes of "Abbott's GROUND BEEF PATTIE 4/1." Each box bears the product code "1140."
* 13-pound boxes of "Abbott's GROUND BEEF PATTIE 5/1." Each box bears the product code "1145."
* 10-pound boxes of "Abbott's ORIGINAL CONEY ISLAND TOPPING, Beef Pattie Mix." Each box bears the product code "1779."
* 25-pound boxes of "Abbott's ORIGINAL CONEY TOPPING MIX, Beef Pattie Mix." Each box bears the product code "1794."
* 10-pound boxes of "Abbott's THE BOSS Beef Patties, 6 oz." Each box bears the product code "1638."
* 10-pound boxes of "Abbott's GROUND BEEF." Each box bears the product code "1610."
* 10-pound boxes of "Abbott's GROUND BEEF, Loose Pack." Each box bears the product code "1625."
* 10-pound boxes of "Abbott's OUR EXTRA FANCY GROUND BEEF." Each box bears the product code "1710."

Here we go again.  I posted a few weeks ago:  "Put me out of business, please - 2007"

*  Ninteen people have recently been sickenrd with E. coli O157:H7 linked to eating ate a Hunstville, Alabama restaurant.

* At least 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. Over 5,700,000 pound of meat have been recalled.

* Tyson Fresh Meats, Inc. recalled 40,440 pounds of ground beef products due to possible contamination with E. coli O157:H7. No illnesses yet reported.

* Seven Minnesotans were confirmed as part of the E. coli O157:H7 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.

* Twenty-seven 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, the source of the outbreak.

* At least 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.

* Following reports of three Napa Valley children who became sick from hamburger patties sold at a St. Helena Little League snack shack, 100,000 pounds of hamburger (that was a year old) was recalled.

* 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.
Posted on July 21, 2007 by E. coli Attorney
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Botulism FoodPoisoning in Human and Dog Food - Recall Expansion and Update

I have been posting about botulism over the last four months on www.foodpoisonblog.com:

Foodborne botulism (as distinct from wound botulism and infant botulism) is a severe type of food poisoning caused by the ingestion of foods containing the potent neurotoxin formed during growth of the organism. The toxin is heat labile and can be destroyed if heated at 80°C for 10 minutes or longer. The incidence of the disease is low, but the disease is of considerable concern because of its high mortality rate if not treated immediately and properly. Most of the 10 to 30 outbreaks that are reported annually in the United States are associated with inadequately processed, home-canned foods, but occasionally commercially produced foods have been involved in outbreaks. Sausages, meat products, canned vegetables and seafood products have been the most frequent vehicles for human botulism.

FDA Expands Its Warning about the Risk of Botulism Poisoning From Certain Castleberry Food Products and Dog Food

The U.S. Food and Drug Administration is expanding its warning to consumers. This expansion is for consumers and pet owners regarding canned food products and dog food produced by Castleberry Food Company of Augusta, Ga., due to the risk of botulinum toxin. Castleberry is expanding the recall to include all of the following canned products with all "best by" and code dates, and FDA is warning consumers not to purchase or eat any of the canned products listed in the table below.  The agency is expanding its warning based in part on FDA test results and information obtained during a joint FDA and U.S. Department of Agriculture inspection of the Castleberry’s facility in Augusta, Ga.


Georgia Firm Expands Recall of Canned Meat Products That May Contain Clostridium botulinum

Castleberry's Food Company, an Augusta, Ga., establishment owned by Bumble Bee Foods, LLC, is expanding its July 19 recall of canned meat products that may contain Clostridium botulinum, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The recall is being expanded after information gathered by the Food and Drug Administration (FDA) and FSIS indicated that processing malfunctions at the establishment have existed longer than initially estimated. For that reason, Castleberry's has agreed to recall all of the following products that may still be in commerce, regardless of the "best buy" date stamped on the bottom of the can. Consumers who have any of the products listed are urged not to eat them, but rather return or dispose of them.

The following products listed below are subject to recall.  Each can label or can end bears the establishment number "EST. 195" inside the USDA seal of inspection. The canned meat products were distributed nationwide. The problem was discovered during an investigation into illnesses in Indiana and Texas. The investigation led to a recall by FDA of three types of meatless hotdog chili sauce. Continue Reading...
Posted on July 21, 2007 by Bill Marler
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Salmonella Heidelberg Cases Top 700 in Chicago



From the Chicago Health Department  Press Release

As of noon today, a total of 717 people have reported that they became ill after they ate food purchased from the Pars Cove booth—up from the 696 reported Thursday.  One hundred sixteen of the 717 are laboratory-confirmed cases of salmonellosis, with more results pending—up from the 97 reported
yesterday. Of the 116, 78 have been identified as Salmonella Heidelberg, one of the more common Salmonella serotypes in the United States. A total of 31 people are known to have been hospitalized—up slightly from the 28 reported on Wednesday.
Posted on July 20, 2007 by Salmonella Lawyer
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Nearly 700 Now Sick From Salmonella Booth At Taste Of Chicago - Salmonella Attorney Investigates



Pars Cove Booth Blamed For Making 696 Sick

Nearly 700 people have reported becoming ill after eating food from the Pars Cove Persian Cuisine booth at the Taste of Chicago.  A total of 28 people have been hospitalized because of illness suffered after eating the tainted food, according to the city Department of Public Health.  97 of the 678 are laboratory-confirmed cases of salmonellosis, with more results pending, the release said. Of the 97, 60 have been identified as Salmonella Heidelberg, one of the more common Salmonella serotypes in the United States.

We have been contacted by a dozen of the ill and continue to investigate the cause of the outbreak.  Tomatoes were a part of the Hummus dish.  Salmonella Heidelberg has been found in earlier outbreaks tied to tomatoes.
Posted on July 20, 2007 by Food Poisoning Attorney
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Sick Snack Food - Updated


Fox News Interviewed our clients last evening:
A Voorheesville family thought a popular snack food was a healthy option for their 20-month-old triplets, but it turns out, that snack made their kids sick. A few months ago, 2 of the Scheels triplets came down with salmonella poisoning. Turns out the illness came from their snack food, Veggie Booty.

The popular snack food sickened more than 60 people [actually 75 to date] across the United States. Robert's American Gourmet, the maker of Veggie Booty, says the illness has been linked to the seasoning used on the food.

The Scheels have filed a lawsuit against Robert's American Gourmet, the maker of Veggie Booty, hoping to get the company's attention that food borne illness can be deadly.  Since her children became ill, Elex Scheels has been working with 'Safe Tables*, an organiation devoted to preventing food borne illnesses and deaths. For more information on the organization log onto www.safetables.org.
We are representing 34 people, mostly children.
Posted on July 20, 2007 by Salmonella Lawyer
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Castleberry chili sauce plant in botulism scandal had prior problem


Georgia AP reported that, Castleberry, that makes the canned chili sauce suspected in a botulism outbreak had a production problem two months ago, a company official said Thursday.

The Augusta plant made the sauce that is suspected of seriously sickening an Indiana couple and two children in Texas. Cans of chili sauce found in the victims' homes were produced around the time of the Castleberry's Food Co. production problems.

About two months ago, cans were coming out of a heating and sterilizing process too hot before going into a cooling canal, he said. Company officials stopped production because they wanted to make sure cans had not expanded and possibly allowed contamination, he said.
Posted on July 19, 2007 by Food Poisoning Attorney
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My Interview with Boston Public Radio



From Boston Public Radio:

Bad Meat

China may not be the only country encountering problems with food quality. Attorney William Marler says that although the meat industry has made recent improvements in quality control, he is still seeing more food poisoning cases.

Listen
Posted on July 19, 2007 by Food Poisoning Attorney
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Botulism Risk Leads to 721,389 pounds of Canned Meat Recalled


Georgia Firm Recalls Canned Meat Products That May Contain Clostridium botulinum
Recall Release CLASS I RECALL
FSIS-RC-033-2007 HEALTH RISK: HIGH

WASHINGTON, July 19, 2007 - Castleberry's Food Company, an Augusta, Ga., establishment owned by Bumble Bee Foods, LLC, is voluntarily recalling approximately 721,389 pounds of canned meat products that may contain Clostridium botulinum as a result of an equipment malfunction, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The following products are subject to recall:

* 10-ounce cans of "Castleberry's BUNKER HILL, ORIGINAL Chili NO BEANS." Each label bears the establishment number "EST. 195" inside the USDA seal of inspection. The bottom of each can is stamped with a "best by" date of "5/22/2009."

* 15-ounce cans of "Castleberry's CHILI WITH BEANS." Each label bears the establishment number "EST. 195" inside the USDA seal of inspection. The bottom of each can is stamped with a "best by" date of "5/17/2009."

* 10-ounce cans of "Castleberry's HICKORY SMOKED, OVEN ROASTED, WITH SKINS, BARBECUE PORK IN BARBECUE SAUCE." Each label bears the establishment number "EST. 195" inside the USDA seal of inspection. The bottom of each can is stamped with a "best by" date of "5/17/2009."

* 15-ounce cans of "Cattle Drive CHILI WITH BEANS." Each label bears the establishment number "EST. 195" inside the USDA seal of inspection. The bottom of each can is stamped with a "best by" date of "4/30/2009," "5/10/2009" or "5/21/2009."

* 15-ounce cans of "Meijer CORNED BEEF HASH." Each label bears the establishment number "EST. 195" inside the USDA seal of inspection. The bottom of each can is stamped a "best by" date of "5/3/2009."

* 15-ounce cans of "MORTON HOUSE Corned Beef Hash." Each label bears the establishment number "EST. 195" inside the USDA seal of inspection. The bottom of each can is stamped with a "best by" date of "5/3/2009."

* 15-ounce cans of "SOUTHERN HOME CORNED BEEF HASH." Each label bears the establishment number "EST. 195" inside the USDA seal of inspection. The bottom of each can is stamped with a "best by" date of "5/3/2009."

The canned meat products were produced between April 30 and May 22, 2007 and were distributed to retail establishments in Alabama, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Indiana, Louisiana, Michigan, Mississippi, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia and Wisconsin.

The problem regarding the equipment malfunction was discovered during an investigation into illnesses in Indiana and Texas. The investigation led to a recall by the Food and Drug Administration of three types of meatless hotdog chili sauce.
Posted on July 19, 2007 by Food Poisoning Attorney
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20 State Salmonella Investigation, June - July 2007 - 65 persons infected with Salmonella Wandsworth and 10 persons infected with Salmonella Typhimurium - Both From Veggie Booty - Total 75 Ill.



As of July 18 at 11AM ET, 65 persons infected with Salmonella Wandsworth have been reported to CDC from 20 states: California, Colorado, Connecticut, Georgia, Illinois, Indiana, Massachusetts, Maryland, Minnesota, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Washington, and Wisconsin. Among the patients for whom clinical information is available, all had diarrhea, 76% had bloody stools, and six patients were hospitalized. No deaths have been attributed to these infections. Onset dates, which are known for 64 patients, ranged from February 26, 2007 to June 27, 2007. Most (91%) of cases have occurred in children aged 10 months to 3 years. During the initial phase of the outbreak, the number of cases gradually increased, with only 8 cases reported to PulseNet ( the nationwide network of public health laboratories that sub-type bacteria) from 6 states before May 1, 2007. Health department and CDC investigators worked for weeks conducting interviews with parents of ill children to develop theories about possible sources of infection.

OutbreakNet officials at CDC and in state and local health departments, FDA, and the marketing and manufacturing companies are working collaboratively to learn more about production of Veggie Booty to determine how it may have become contaminated . The Minnesota Department of Agriculture Laboratory (MDAL) has isolated the outbreak strain of Salmonella Wandsworth from sealed bags of Veggie Booty obtained from retail stores. The outbreak strain has also been isolated from sealed bags of Veggie Booty by the FDA laboratory and the New York State Department of Health Wadsworth Center Laboratory. Preliminary testing suggests that the seasoning mix used in Veggie Booty may be the source of the contamination.

MDAL also isolated Salmonella Typhimurium, a different strain of Salmonella, from a sealed bag of Veggie Booty collected at the same time as the bags positive for Salmonella Wandsworth. PulseNet identified 10 persons who had illness caused by this strain of Salmonella Typhimurium between June 1, 2007 and June 27, 2007. OutbreakNet officials have interviewed 8 of the 10 ill persons with this strain of Salmonella Typhimurium and determined that all eight consumed Veggie Booty during the week before their illnesses began.
Posted on July 19, 2007 by Salmonella Lawyer
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Hot Dog Chili Sauce in Botulism Recall Update

Andrew Bridges, Associated Press Writer updated the list of botulism recalled items:

The products were made by the Castleberry's Food Co., owned by Bumble Bee Seafoods LLC, based in San Diego.

The recall covers the following universal product codes:

Castleberry's Hot Dog Chili Sauce, 10 oz can (UPC 3030000101)

Austex Hot Dog Chili Sauce, 10-ounce can (UPC 3030099533)

Kroger Hot Dog Chili Sauce, 10-ounce can (UPC 1111083942)

Morton House Corned Beef Hash, 15-ounce can (UPC 7526665830)

Cattle Drive Chili With Beans, 15-ounce can (UPC 3030001515)

Southern Home Corned Beef Hash, 15-ounce can (UPC 0788015360)

Meijer Corned Beef Hash, 15-ounce can (UPC 4125095229)

Castleberrys Chili With Beans, 15-ounce can (UPC 3030001015)

Castleberrys Barbecue Pork, 10-ounce can (UPC 3030000402)

Bunker Hill Chili No Beans, 10-ounce can (UPC 7526604112).

Thus far, the victims - two each in Texas and Indiana - were seriously ill but expected to survive. The Texas cases involved children who are siblings. The Indiana cases involved an adult couple.

Botulism is a muscle-paralyzing disease caused by a toxin made by a bacterium called Clostridium botulinum, according to the CDC.  Symptoms of botulism include double or blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth and muscle weakness that moves down the body, according to the CDC. Eventually, paralysis can cause a person to stop breathing and die, unless supported by a ventilator. Most victims eventually recover after weeks to months of care.  For more information on botulism, click here.

Posted on July 19, 2007 by Food Poisoning Lawyer
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Person to Person or Secondary Transmission of Bacterial or Viral Illnesses Common in a FoodPoisoning Outbreak

Person-to-person transmission within a family is both common and exceedingly well-documented in the extant literature, including numerous cases in which the primarily infected person was asymptomatic. See, e.g. K. Ludwig, “Outbreak of Escherichia coli O157:H7 Infection in a Large Family,” Eur. J. Clin. Microb. Infect. Dis. Vol. 16, at 238-41 (1997); P. Rowe, “Diarrhea in Close Contacts as a Risk Factor for Childhood Hemolytic Uremic Syndrome,” Epidem. Infect. 110:9-16 (1993).

Secondary transmission cases are well understood in the scientific community to be an inevitable part of any foodborne illness outbreak. See E. Belongia, et al., “Transmission of Escherichia coli 0157:H7 Infection in Minnesota Child-Care Facilities,” JAMA, at 887 (Feb. 17, 1993) (describing the inevitable spread of illness from primary to secondary cases). Indeed, it is the inevitability of secondary transmission that drives a health department to find the source of outbreaks as quickly as possible; it is secondary cases that they are trying to minimize or prevent.

In fact, in the context of an outbreak of E. coli O157:H7, a Court has already held (in a case I tried), as a matter of law, that secondary infection is a foreseeable consequence of such an outbreak. See Almquist et al. v. Finley School Dist., 57 P. 3d 1191 (Wash. App. 2002) cert. denied 75 P.3d 968 (2003).
Posted on July 18, 2007 by Bill Marler
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Two children in Texas and an Indiana couple hospitalized with Botulism Poisoning - Castleberry's Hot Dog Chili Sauce, Austex Hot Dog Chili Sauce and Kroger Hot Dog Chili Sauce Recalled - Botulism Lawyer Investigates



The U.S. Food and Drug Administration (FDA) is warning consumers not to eat 10 ounce cans of Castleberry’s Hot Dog Chili Sauce (UPC 3030000101), Austex Hot Dog Chili Sauce (UPC 3030099533), and Kroger Hot Dog Chili Sauce (UPC 1111083942) with “best by” dates from April 30, 2009 through May 22, 2009 due to possible botulism contamination. Botulism can be fatal. The “best by dates” can be found on the can lids.  Consumers who have any of these products or any foods made with these products should throw them away immediately. If the “best by” date is missing or unreadable consumers should throw the product out.

Symptoms of botulism poisoning can begin from 6 hours to 2 weeks after eating food that contains the toxin. Symptoms may include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth, and muscle weakness that moves progressively down the body, affecting the shoulders first then descending to the upper arms, lower arms, thighs, calves, etc. Botulism poisoning can also cause paralysis of the breathing muscles, which can result in death unless assistance with breathing (mechanical ventilation) is provided.  For more information on botulism, see my earlier POST.

Individuals who show these symptoms and who may have recently eaten Castleberry’s Hot Dog Chili Sauce, Austex Hot Dog Chili Sauce, or Kroger Hot Dog Chili Sauce should seek immediate medical attention.

All of the above products are manufactured by the Castleberry Food Company in Augusta, Georgia.  Fact Sheets on botulism from Indiana and Texas:






Posted on July 18, 2007 by Food Poisoning Attorney
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Second Booty Suit Filed

Cathleen Crowley of the Albany Times Union interviewed my client and I yesterday.

Family sues maker of Veggie Booty - Voorheesville parent just wanted apology after children got sick
They said Veggie Booty sickened their children and left a bad taste in their mouths.  Now, the Scheels family of Voorheesville is suing the maker of Veggie Booty, a puffed-rice-and-corn snack that caused salmonella poisoning in two of their children and 58 [61] other people, mostly toddlers, across the nation.  The lawsuit was filed Tuesday with state Supreme Court in Albany County. It is the second suit triggered by the salmonella outbreak.
Posted on July 18, 2007 by Salmonella Lawyer
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Pars Cove Persian Cuisine Salmonella Heidelberg Outbreak Continues - 678 Sickened

From City of Chicago Press Release:

City Health Dept. Continues Investigation of Food Borne Illnesses

As of noon today, a total of 678 people have reported that they became ill after they ate food purchased from the Pars Cove Persian Cuisine booth—up from the 636 reported Tuesday.
Eighty-five of the 678 are laboratory-confirmed cases of salmonellosis, with more results pending—up from the 66 reported yesterday. Of the 85, 47 have been identified as Salmonella Heidelberg, one of the more common Salmonella serotypes in the United States.  A total of 25 people are known to have been hospitalized—unchanged from what CDPH reported on Tuesday.
Most of the individuals live in the Chicago area; a few are from downstate and a few are from other states.
Posted on July 18, 2007 by Salmonella Lawyer
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Common Sense for Petting Zoos and Fairs

One again the National Association of State Public Health Veterinarians has set forth a reasonable way for Petting Zoos and Fairs to “play it safe.” For a complete overview of the study, click on link below.  For an overview of the history of this problem and my work to combat it, visit, www.fair-safety.com.  It will be interesting to see if the recommendations are ignored as usual.

Compendium of Measures to Prevent Disease Associated with Animals in Public Settings, 2007

Contact with animals in public settings (e.g., fairs, farm tours, petting zoos, and schools) provides opportunities for entertainment and education. However, inadequate understanding of disease transmission and animal behavior can increase the likelihood of infectious diseases, rabies exposures, injuries, and other health problems among visitors, especially children, in these settings. Zoonotic diseases (i.e., zoonoses) are diseases transmitted from animals to humans. Of particular concern are instances in which large numbers of persons become ill. Since 1991, approximately 50 human infectious disease outbreaks involving animals in public settings have been reported to CDC. During the preceding 10 years, an increasing number of enteric disease outbreaks associated with animals in public settings (e.g., fairs and petting zoos) have been reported.

Although multiple benefits of human-animal contact exist, infectious diseases, rabies exposures, injuries, and other human health problems associated with these settings are possible. Infectious disease outbreaks reported during the previous decade have been caused by Escherichia coli O157:H7, Salmonella, Cryptosporidium, Coxiella burnetii, Mycobacterium tuberculosis, ringworm, and other pathogens. Such incidents have substantial medical, public health, legal, and economic effects.  Major recommendations:
  1. The recommendation to wash hands is the single most important prevention step for reducing the risk for disease transmission.
  2. Other critical recommendations are that venues not allow food in animal areas - venues include transition areas between animal areas and nonanimal areas.
  3. Visitors be educated about disease risk and prevention procedures, and animals be properly cared for and managed.
Posted on July 18, 2007 by Bill Marler
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Taste of Chicago and Pars Cove Persian Hummus Cuisine Salmonella Outbreak Tops 600


Public health officials said Tuesday that 636 people have reported becoming ill after eating at a food vendor's booth at the Taste of Chicago.  Officials said more than 100 reports have come in since Monday.  Those who became ill said they ate at the Pars Cove Persian Cuisine booth at the yearly food festival.  According to a news release by the Chicago Department of Public Health, 66 of the cases are laboratory-confirmed cases of salmonellosis -- the illness that results from infection with salmonella bacteria. Of those confirmed cases, 41 were identified as Salmonella Heidelberg, a common form of salmonella in the U.S.  A total of 25 people are now known to have been hospitalized.

Personally, I think it is tomatoes (see earlier post) and not Hummus.  We shall see.
Posted on July 17, 2007 by Salmonella Attorney
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United States House Food Safety Probe

In hearings today on Capitol Hill, investigators from the House of Representatives committee on Energy and Commerce found the Food and Drug Administration inspects only one percent of all food imports and samples only a fraction of those.

Perhaps the best quote on food safety ever:
"Who needs Al-Qaeda when you have got E. coli?" asked Jay Inslee, a representative from the State of Washington, warning that the threat from food laced with bacteria should be treated as seriously as "the war on terror.

Not at all to downplay the horror of 9/11 when 2,819 people needlessly died.  It is interesting to note that 5,000 people die every year in the United States after eating contaminated food  - that is nearly 25,000 since September 2001.  We can do better.
Posted on July 17, 2007 by Food Poisoning Lawyer
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Salmonella Infection Complications

After fourteen years and thousands of Salmonella cases, we have seen post-acute infections arise in a small number of cases, but when they do, the results are devastating.

Irritable Bowel Syndrome (IBS)

A recently published study surveyed the extant scientific literature and noted that post-infectious irritable bowel syndrome (PI-IBS) is a common clinical phenomenon first described over five decades ago. The Walkerton Health Study further notes that:
Between 5% and 30% of patients who suffer an acute episode of infectious gastroenteritis develop chronic gastrointestinal symptoms despite clearance of the inciting pathogens.
In terms of its own data, the “study confirm[ed] a strong and significant relationship between acute enteric infection and subsequent IBS symptoms.” The WHS also identified risk factors for subsequent IBS, including: younger age; female sex; and four features of the acute enteric illness—diarrhea for > 7days, presence of blood in stools, abdominal cramps, and weight loss of at least ten pounds.

Irritable bowel syndrome (IBS) is a chronic disorder characterized by alternating bouts of constipation and diarrhea, both of which are generally accompanied by abdominal cramping and pain. In one recent study, over one-third of IBS sufferers had had IBS for more than ten years, with their symptoms remaining fairly constant over time. IBS sufferers typically experienced symptoms for an average of 8.1 days per month.

As would be expected from a chronic disorder, IBS sufferers required more time off work, spent more days in bed, and more often cut down on usual activities, when compared with non-IBS sufferers. And even when able to work, a significant majority (67%), felt less productive at work because of their symptoms. IBS symptoms also have a significantly deleterious impact on social well-being and daily social activities, such as undertaking a long drive, going to a restaurant, or taking a vacation. Finally, while a patient’s psychological state may influence the way in which he or she copes with illness, and responds to treatment, there is no evidence that supports the theory that psychological disturbances in facts cause IBS or its symptoms.

Reiter’s Syndrome

Several bacteria, including Salmonella, induce septic arthritis. The resulting joint pain and inflammation can resolve completely over time or permanent joint damage can occur. In a small number of persons, the joint inflammation is accompanied by conjunctivitis (inflammation of the eyes), and uveitis (painful urination). This triad of symptoms is called Reiter's Syndrome. Reiter’s Syndrome is a special form of reactive arthritis, autoimmune disorder triggered by the Salmonella infection. It occurs in persons with a genetic predisposition and can last for a year or more. Antibiotic treatment does not make a difference in whether or not the person later develops arthritis.

The term reactive arthritis refers to an inflammation of one or more joints, following an infection localized at another site distant from the affected joints. The predominant site of the infection is the gastrointestinal tract. During outbreaks of Salmonella infections, reactive arthritis incidences from 1% to 15% have been reported
Posted on July 17, 2007 by Food Poisoning Lawyer
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Marler Clark, parents of triplets file Salmonella lawsuit against Robert's Gourmet Food

Seattle-based Marler Clark filed a second lawsuit against Robert’s American Gourmet Food, Inc. today in Albany County Supreme Court in New York. The lawsuit was filed on behalf of Voorheesville, New York residents Patrick and Elex Scheels and two of their 20-month-old triplets who became ill with Salmonella Wandsworth infections after consuming Veggie Booty in April. Co-counsel in the case is Rochester, New York-based Underberg & Kessler and New Brunswick, NJ-based Eric Weinberg.

In the lawsuit, attorney William Marler contends that Sydney and Cole Scheels became ill with Salmonellosis after eating Veggie Booty. Both children exhibited fever, abdominal cramping, explosive diarrhea, and bloody diarrhea after eating the Veggie Booty, and received medical treatment for their illnesses. While Cole recovered from his illness, Sydney suffered symptoms of Salmonella infection throughout May and June, and lost roughly ten percent of her body weight due to her illness. Sydney and Cole both submitted stool samples that cultured positive for Salmonella Wandsworth, and the Scheels were notified by the Centers for Disease Control and Prevention (CDC) that their children were part of a nation-wide outbreak that had been traced to consumption of Veggie Booty. Sydney continues to test positive for Salmonella.

“Robert’s has indicated that an ingredient from a Chinese supplier was the source of this outbreak,” Marler commented. “After recent scares involving food products imported from China, one would think that American food manufacturers using imported ingredients would take extra precautions and institute a testing regimen to ensure the safety of their products.”

Robert’s American Gourmet Foods initiated a recall of its Veggie Booty on June 28, after the company was notified that the product was the source of a Salmonella outbreak. The company expanded its recall to include Super Veggie Tings Crunchy Corn Sticks on July 2. On July 11, the CDC announced that 60 persons in 19 states had been confirmed ill with Salmonella Wandsworth infections, with initial illness onset dates between March 4 and June 15. Ninety percent of cases were children aged 10 months to three years.

“This case is very perplexing,” Marler added. “There are several unanswered questions that beg answers.” Questions Marler seeks answers to include:

1.If Robert’s American Gourmet only markets Veggie Booty, etc., and Atlantic Quality Spice & Seasoning provides the spices, who manufacturers the product, and where?

2.The Minnesota Department of Health isolated Salmonella Typhimurium from unopened bags of Veggie Booty. Have other strains of Salmonella (in addition to Wandsworth) been found in either human stool or product samples - like Salmonella Typhimurium?

3.Why has Robert's American Gourmet not offered to help the victims? Medical bills and wage losses are mounting.

Posted on July 17, 2007 by Food Poisoning Attorney
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Taste of Chicago and Pars Cove Persian Cuisine Salmonella Outbreak Update

The Associated Press in Chicago reported this morning confirmation that - Two people who got sick after food festival sue restaurant
Two people who say they fell ill after eating hummus at the Taste of Chicago food festival are suing the restaurant that served the food. Forty-nine-year-old Monique Roach and 43-year-old Willie Smith filed a lawsuit yesterday against Pars Cove Persian Cuisine. Roach says she and Smith visited the festival on June 29th and got sick the next day. She says she went to the hospital after getting worse and was diagnosed with salmonella poisoning.

Pars Cove co-owner Mike Bambouyani says he sympathizes with those who got sick but it seems too soon for a suit to be filed.

The Chicago Department of Health says more than 500 people have reported becoming ill after eating food from the Pars Cove booth. Health officials have confirmed that at least 50 of those cases were caused by salmonella poisoning and at least 17 people were hospitalized.
What Are the Symptoms of Salmonella infection?

The acute symptoms of Salmonella gastroenteritis include the sudden onset of nausea, abdominal cramping, and bloody diarrhea with mucous. 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. There is no real cure for a Salmonella infection (or salmonellosis), except treatment of the symptoms. For most strains of Salmonella, the fatality rate is less than one percent.

Symptoms of Salmonella infection include diarrhea, abdominal cramps, fever, nausea, and/or vomiting. The diarrhea may be non-bloody, occur several times per day, and not be very voluminous, although in severe cases it may be frequent, bloody and/or mucoid, and of high volume. Fever generally occurs in the 38°C to 39°C range. Vomiting is less common than diarrhea. Headaches, myalgias (muscle pain), and arthralgias (joint pain) are often reported as well. Whereas the diarrhea typically lasts 24 to 72 hours, patients often report fatigue and other nonspecific symptoms lasting 7 days or longer.

Salmonella infections usually resolve in five to seven days, and many times require no treatment, unless the patient becomes severely dehydrated or the infection spreads from the intestines. Persons with severe diarrhea may require rehydration, often with intravenous fluids. Treatment with antibiotics is not usually necessary, unless the infection spreads from the intestines, or otherwise persists, in which case the infection can be treated with ampicillin, gentamicin, trimethoprim, sulfamethoxazole, or ciprofloxacin. Some Salmonella bacteria have become resistant to antibiotics, however, and this has occurred possibly as a result of the use of antibiotics to promote the growth of feed animals.
Posted on July 17, 2007 by Salmonella Lawyer
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Veggie Booty News

Robert Kessler (a.k.a “the booty reporter”) continues to follow the story of finger-pointing of behalf of the makers of Veggie Booty. Frankly, we think Robert's American Gourmet should take full responsibility for sickening at least 61 customers and to stop trying to put the blame on upstream suppliers inside and outside the United States.

Salmonella in Veggie Booty spice linked to China
Federal and private labs have narrowed the source of the salmonella-contaminated seasonings in the Veggie Booty snacks to two New Jersey subcontractors that provided some of its ingredients, according to the seasoning's producer.

The seasoning is made by Atlantic Quality Spice & Seasonings of Edison, N.J. Yesterday company president Stan Gorski said the seasoning is a mixture of ingredients purchased from four subcontractors, though the contaminant itself probably originated in China.

The most likely original source of contamination was vegetable ingredients purchased from China by the subcontractors, according to several executives at Robert's American Gourmet and Atlantic Quality Spice, but that has not been definitively established.
Posted on July 17, 2007 by Salmonella Attorney
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Three Sickened in Little Rosie's E. coli Outbreak Still in Hospital

Steve Doyle ("Mr. E. coli") of the Huntsville Times continues to cover the story:

3 with E. coli still in hospital but improving

Three people sickened in an E. coli outbreak linked to Little Rosie's remain hospitalized with kidney failure.  They are suffering from either HUS or TTP.  See www.about-hus.com and www.about-ttp.com for a complete discussion of these illnesses.
  • Five-year-old Samuel Coggin of Meridianville is undergoing dialysis at Vanderbilt Children's Hospital to flush the toxic [produced from the] E. coli O157:H7 bacteria from his kidneys.
  • Hampton Cove resident Regina Lassiter, 69, is also slowly improving, although she remains on a ventilator at Memorial Mission Hospital in Asheville, N.C.
  • The other hospitalized E. coli victim, a 48-year-old woman whose name has not been released, was in serious condition Monday in Huntsville Hospital's medical intensive care unit. She had been in critical condition.
What is Hemolytic Uremic Syndrome (HUS)?

Hemolytic Uremic Syndrome (HUS) is a severe, life-threatening complication of an E. coli O157:H7 bacterial infection. Although most people recover from an E. coli O157:H7 infection, about 5-10% of infected individuals goes on to develop HUS.

What is Thrombotic Thrombocytopenic Purpura?

At the outset, it is important to note there are two basic types of TTP, having nothing to do with each other. Thrombotic thrombocytopenic purpura (TTP) is a rare blood condition characterized by the formation of small clots (thrombi) within the circulation, which results in the consumption of platelets and thus a low platelet count (thrombocytopenia). A different TTP-like syndrome, more properly called hemolytic uremic syndrome (HUS) or “adult-HUS,” is caused by the specific bacterium E. coli O157:H7. HUS is a rare complication of E. coli O157:H7 infections and usually occurs in young children. But when it occurs in adults, doctors often refer to it as TTP or TTP/HUS because of its resemblance to TTP.

What treatment is available for Hemolytic Uremic Syndrome?

The most important aspect of the treatment of patients with Hemolytic Uremic Syndrome remains excellent supportive care, which includes: close observation in a tertiary care facility; meticulous attention to fluid, electrolyte, and metabolic balance; optimal nutrition; and careful blood pressure control. Blood product transfusions may be necessary several times during the course of the active stage of HUS. Dialysis, or interventional therapy, such as plasma exchange (plasmapheresis), may be necessary for patients at risk for a bad outcome.

There is no known therapy to halt the progression of Hemolytic Uremic Syndrome. The active stage of the disease usually lasts one to two weeks, during which a variety of complications are possible. HUS is a frightening illness that even in the best American medical facilities has a mortality rate of about 5%. By comparison, the mortality rate in the developing world is much higher. About 50% of patients require dialysis due to kidney failure, 25% develop pancreatitis, 25% experience seizures, and 5% suffer from diabetes mellitus. The majority of Hemolytic Uremic Syndrome patients requires transfusion of blood products and develops complications common to the critically ill. The illness is a living nightmare for the patients and families, and leaves a painful memory that lingers long after the acute illness had passed.

Among survivors of HUS, about five percent will eventually develop end stage kidney disease, with the resultant need for dialysis or transplantation, and another five to ten percent experience neurological or pancreatic problems which significantly impair quality of life. Since the longest available follow-up studies of HUS are about twenty (20) years, an accurate lifetime prognosis is not available, and as such, medical follow-up is indicated for even the mildest affected cases.
Posted on July 17, 2007 by E. coli Attorney
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Salmonella Lawsuit Hits Taste of Chicago Hummus Poisonings

Michael Higgins, Chicago Tribune staff reporter  wrote a few hours ago - 2 sickened at Taste sue restaurant

Two friends who say they got sick last month from eating hummus at the Pars Cove booth at Taste of Chicago filed a lawsuit today against the restaurant. Monique Roach, 49, and Willie Smith, 43, both from the Morgan Park neighborhood, are believed to be the first to file suit against Pars Cove. But more than 500 people who ate the hummus have reported becoming ill, city officials said Monday. Smith, 43, also got sick but didn't seek medical attention, said the plaintiffs' attorney, Adrian Mazar of Chicago [I tried to fid Adrian on the web, but could not].

As of noon Monday, 529 people had called the city health department claiming symptoms of salmonella poisoning, up from 491 reported Saturday, officials said. Fifty cases have been confirmed as salmonellosis [from this report it is not clear that Ms. Roach and Mr. Smith are part of the 529 or the 50, or either]
Posted on July 16, 2007 by Salmonella Attorney
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Food Fights and Food Recalls and Still Nothing Changes


Don Lee, LA Times Staff Writer wrote about the real or imagined concerns about food safety between the United States and China - concern for consumers or politics?

China heats up food battle - Suspension of imports of pork ribs and other products from seven firms comes after U.S. acts on many items

Food safety issues are often used for political means in times of strained trade relations, said Doug Powell, head of the International Food Safety Network at Kansas State University. For example, Russia banned U.S. poultry imports in 2002 just a week after President Bush introduced steep tariffs on imported steel that resonated throughout the Russian steel industry.

"Politically, it's a standard tactic," Powell said. "They'll say it is a food safety issue, but really it's a political issue."

Stephen J. Hedges, Chicago Tribune Writer wrote over the weekend about the never ending debate on food safety.  It is frustrating to see so little accomplished.

Veggie Booty case renews food recall worries - Some in Congress call for stronger roles for federal regulatory agencies

Sen. Dick Durbin, D-Ill., and Rep. Rosa DeLauro, D-Conn., have introduced a bill that would strengthen the authority that the FDA and the Department of Agriculture have over food recalls. The USDA regulates meat, poultry and eggs; the FDA regulates all other foods.

The Senate has adopted most of Durbin's bill as an amendment to the FDA's budget reauthorization legislation. It includes provisions that would create a food contamination early warning system and requirements that food companies provide records to regulators upon request.  The Senate declined to approve a mandatory recall provision in Durbin's bill. But the voluntary nature of recalls, critics contend, often leads to a series of expanding recalls as companies reluctantly come to the expensive conclusion that more and more of the product might endanger consumers.

The House did not include the food safety provisions in its version of the FDA bill, so final adoption is in doubt.
Posted on July 16, 2007 by Food Poisoning Lawyer
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800th blog post and 491 poisoned by Salmonella Hummus

Illnesses Tied To Taste Of Chicago Reach 491

Health department officials announced as of noon Saturday a total of 491 people reported becoming ill after eating food from the Pars Cove Persian Cuisine booth at the Taste of Chicago festival. The strain - Salmonella Heidelberg - is frequently seen in the United States, and causes food borne illnesses.  That number is up from the 378 reported Friday. Forty-four of the 491 are laboratory-confirmed cases of salmonellosis. Of the 44, 26 have been identified as one of the more common Salmonella serotypes in the United States. A total of 15 people are known to have been hospitalized. The source of the salmonella outbreak has not been pinpointed as coming from food or food handlers, but only one dish has been tied to illnesses according to a Chicago Department of Public Health news release – hummus shirazi, a fresh herb, tomato and cucumber salad over a bed of hummus.

Posted on July 15, 2007 by Salmonella Attorney
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Booty (Re)Call



Link to Story



Still, the jury is out on whether Booty fans will forgive and forget. Critics say the company has been slow to reveal the details of its manufacturing process and to make amends publicly. “I've always been somewhat surprised at how companies do rebound after poisoning a bunch of their customers,” says Bill Marler, a Seattle attorney who represents customers like Scheels and who writes a food-safety blog, marlerblog.com. “[But Robert's] hasn't been very open about, 'Hey, we're really sorry we poisoned you.
Posted on July 14, 2007 by Salmonella Attorney
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"Tit for Tat" or Equivalent Retaliation

In not a very surprising development, AP reports that China Halts Imports On U.S. Meats citing Safety Concerns, Chinese Officials Reject Meat From Several U.S. Processors
China has suspended imports from several major U.S. meat processors, including the world's largest, in the latest indication the government may be retaliating as its products are turned back from overseas because of safety concerns.  Frozen poultry products from Tyson Foods Inc., the world's largest meat processor, were found to be contaminated with salmonella, the General Administration of Quality Supervision, Inspection and Quarantine said on its Web site late Friday.  Other imports barred by China included frozen chicken feet from Sanderson Farms, Inc. tainted with residue of an anti-parasite drug, as well as frozen pork ribs from Cargill Meat Solutions Corp. containing a leanness-enhancing feed additive, the AQSIQ said.

Posted on July 14, 2007 by Food Poisoning Lawyer
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More Salmonella found in Veggie Booty - 61 sickened



As of July 13, the Centers for Disease Control and Prevention (CDC) has now identified 61 children from 19 states who have become ill. Six children were hospitalized. There are no reported deaths. States reporting illnesses include: California (seven cases), Colorado (five), Connecticut (two), Georgia (one), Illinois (two), Indiana (one), Massachusetts (four), Minnesota (two), New Hampshire (two), New Jersey (two), New York (15), Oregon (one), Pennsylvania (four), Tennessee (one), Texas (two), Virginia (one), Vermont (three), Washington (four), and Wisconsin (two).



Also, the Food and Drug Administration (FDA) confirmed on July 13 that a strain of Salmonella Wandsworth bacteria found in Veggie Booty snack food is responsible for the disease outbreak that occurred between March and June 2007.

According to Robert’s American Gourmet’s website, The Veggie Booty seasonings, believed made with Chinese ingredients, contained the salmonella and that it had purchased the seasoning from Atlantic Quality Spice & Seasonings of Edison, N.J.

Unanswered questions:
  • If Robert’s American Gourmet only markets Veggie Booty, etc and Atlantic Quality Spice & Seasoning provides the spices, who manufacturers the product, and where?
  • Have other strains of Salmonella (in addition to Wandsworth) been found in either human stool or product samples - like Salmonella Typhimurium?

    • According to the CDC report on Friday the 13th, the Minnesota Department of Agriculture Laboratory (MDAL) has isolated the outbreak strain of Salmonella Wandsworth from 4 sealed bags of Veggie Booty obtained from retail stores. MDAL also isolated Salmonella Typhimurium, a different strain of Salmonella, from an additional sealed bag of Veggie Booty collected at the same time as the four bags positive for Salmonella Wandsworth.
  • Why has Robert's American Gourmet not offered to help the victims?  Medical bills and wage losses are mounting.
Posted on July 14, 2007 by Salmonella Attorney
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As many as 378 sickened with Salmonella Heidelberg Hummus in Chicago



Chicago Sun Times reported this morning that City Health Department officials ordered a restaurant to stop serving hummus Friday as the number of people reporting getting ill from the eatery's food tripled to 378. The complaints are from people who say they ate at a Pars Cove booth at Taste of Chicago, which ended Sunday.Officials said they have 32 confirmed illnesses from salmonella heidelberg -- a common form of salmonella poisoning. That number could increase with pending lab tests.

Posted on July 14, 2007 by Food Poisoning Attorney
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Booty Week in Review


The CDC yesterday announced that the number of ill has risen to 60. At last count, 31 children have retained us. Last week Minnesota State Health Department released that a sample of Veggie Booty tested positive for Salmonella Wandsworth by the Minnesota Department of Agriculture. Also in a press release from Roberts American Gourmet, the company that markets “Veggie Booty,” said tests on the seasonings (sourced from China) also tested positive for Salmonella Wandsworth.

It will be interesting as further stool and product samples are tested whether any additional Salmonella strains (other than Wandsworth) are found in either samples - product or human, say, like Salmonella Typhimurium?

The genus Salmonella contains over 2,000 sero-species. Salmonella enterica serovar Typhimurium is the among the most common Salmonella serovars (unlike Salmonella Wandsworth) causing Salmonellosis infections in the US. In humans, Salmonellosis causes diarrhea, fever, and abdominal cramps 12 to 72 hours after infection and may last for up to 7 days. Some cases result in hospitalization. Salmonella is readily transmitted through the faeces of people or animals. The incidence of non-typhoid salmonellosis (which is caused by Salmonella enterica typhi) is increasing worldwide, causing millions of infections and many deaths in the human population each year.
Posted on July 13, 2007 by Salmonella Attorney
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The World is a Dangerous Place to Eat

India, Mexico Ahead Of China On Food Products Rejected By U.S.

Official records show that India and Mexico top the list of countries whose defective food products are rejected by the United States. Surprisingly, China, which is being hammered for defective food exports to the United States, comes only third in the list available from U.S. Food and Drug Administration (FDA).

The New York Times, quoting the FDA, reported on Thursday that the federal agency rejected a total of 1,763 food shipments from India in the 12-month period ending in June this year. Mexico come in second with 1,480 shipments followed by China, whose 1,368 shipments were rejected by the U.S.

However, the FDA did not reveal the quantity of the products rejected.

The Dominican Republic, Denmark, Vietnam, Japan, Italy and Indonesia follow China down the list for shipping contaminated or mislabeled food products.

The New York Times report says some of India's spices, seeds, and shrimp contained salmonella. Mexico's seafood, chillis, and cheese were found too filthy to eat, while Chinese products like seafood, bean curd and noodles were also dirty.

By contrast, China sent more products, including foods, to the U.S. than any of those countries, in terms of quantity and dollar value. While China shipped goods worth a total of $288 billion to the U.S. in 2006, India's exports were valued at only $22 billion.
Posted on July 13, 2007 by Salmonella Lawyer
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Salmonella Wandsworth Veggie Booty Sickens Two of the Triplets

Ordeal leaves family wary - Local couple troubled about food safety after kids' illness from snack



Cathleen Crowley, of the Albany Times Union, met with our clients, the Scheel family yesterday to see how consumers feel about being poisoned by food that is supposed to be healthy, The Scheels buy the best groceries for their 20-month-old triplets, Sydney, Cole and Michael. The toddlers rarely eat junk food. Organic, gourmet and fresh food are the staples of their diet.

"They eat better than us," said their mother, Elex Scheels.

That's why the Voorheesville family was shocked when they were swept into this spring's Veggie Booty salmonella outbreak.  Sydney and Cole were among 60 people nationwide and 15 in New York to suffer salmonella poisoning after eating the puffed rice and corn treats advertised as "gourmet" and "natural." Almost all of the victims were toddlers. Continue Reading...
Posted on July 13, 2007 by Salmonella Lawyer
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Two more Huntsville E. coli cases linked to Little Rosie's



Outbreak reaches 19; lawyer [Bill Marler] predicts ground beef most likely source

Steve Doyle of the Huntsville Times and I spoke for over an hour on Wednesday about E. coli O157:H7 as a foodborne bacteria generally and specifically on the impacts on a community like Huntsville when the bacteria strikes. Although lettuce served at Little Rosie’s appears to be the common thread in all the illnesses (and leafy greens have been a growing concern over the years), I believe that you need to look hard for a cow – likely hamburger – as the source.

Mr. Doyle reported today that:  “[t]wo more people who may have eaten contaminated lettuce at a popular Huntsville restaurant have tested positive for E. coli exposure…. That brings to 18 the number of confirmed E. coli cases that public health officials have linked to shredded lettuce served at Little Rosie's Taqueria between June 27 and June 30. At least two restaurant customers are hospitalized with hemolytic uremic syndrome, a serious complication of E. coli poisoning that can cause kidney failure.”

What is significant is that the 18 people mentioned above share a couple of factors that link them together – all ate at Little Rosie’s between June 27 and June 30, and all are cultured-positive in stool cultures for E. coli O157:H7. At this point I assume that Alabama State Department of Health or the CDC has also linked these ill customers by “genetic fingerprinting,” also known as Pulsed Field Gel Electorphoresis (PFGE). This link DNA evidence in a criminal case, would be evidence to show that the 18 ill people share both a common source of the illness (Little Rosie’s) and most likely a common food.

What is a bit interesting is the “19th local resident who tested positive for E. coli O157:H7 [who] did not eat at Little Rosie's.” According to Mr. Dolye: “officials aren't sure how that person was infected.”

Questions that need to be asked: 1) what food items does this 19th person share with 18 who ate at Little Rosie’s, 2) did number 19 have any contact with the other 18, or other people who ate at Little Rosie’s between June 27 and 30, and, 3) is number 19’s E. coli O157:H7 stool culture match by PFGE to the other 18.  Mr. Doyle and I continued to talk:
Although state and county health officials point to shredded lettuce as the most likely culprit, Bill Marler, a Seattle lawyer who specializes in foodborne illness cases, said he suspects that the outbreak ultimately will be tied to ground beef.

There has been a flurry of about 50 E. coli cases nationally since early June, when California-based United Food Group recalled 5.7 million pounds of ground beef because of possible E. coli O157 contamination, Marler said. Found in healthy cattle, the bacteria can get onto meat if the intestines are pierced during slaughter.

"I'm willing to bet this outbreak you're dealing with is a hamburger-related outbreak," Marler said by phone Wednesday.

The recent surge in beef-related E. coli cases may be linked to a crackdown on illegal immigrants working in U.S. slaughterhouses, Marler said. In December, federal agents arrested more than 1,250 undocumented workers at six Swift & Co. meat-processing plants in Colorado, Texas, Nebraska, Utah, Iowa and Minnesota.

Marler said workers inexperienced in slaughtering cattle could increase the risk of E. coli contamination.

It is "highly likely" that some Little Rosie's customers who got sick will sue the restaurant, Marler said. There have been substantial jury awards in past E. coli outbreaks. In 1993, Marler represented a 9-year-old girl whose kidneys failed after she ate a bacteria-tainted burger from a Jack in the Box in Seattle. Jurors ordered the restaurant chain to pay $15.6 million in damages, he said.

Marler said he has seen restaurants in these situations offer to pay customers' hospital bills.

"These (kidney failure) victims are literally going to have hundreds of thousands of dollars in medical bills," he said. For restaurant owners, "saying you're sorry and paying the medical bills has been a pretty effective tool for getting the public on your side."
Posted on July 13, 2007 by E. coli Attorney
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Suspected Supplier of Salmonella Spices Spotted



Andrew Bridges of AP Washington again breaks more on the Veggie Booty Salmonella Wandsworth case:
A New Jersey spice importer supplied the salmonella-contaminated seasoning used on snack food that has sickened 60 people, most of them infants and toddlers, the company recalling the snacks said Thursday.  Robert's American Gourmet Inc. purchased the seasoning from Atlantic Quality Spice & Seasonings, said Robert Ehrlich, president and chief executive of the snack food company. The Sea Cliff, N.Y., company has recalled its Super Veggie Tings Crunchy Corn Sticks and Veggie Booty snack foods, both of which used the spray-on seasoning.  Ehrlich said previously the seasoning, believed made with Chinese ingredients, tested positive for a rare strain of salmonella.  Officials with Atlantic Quality Spice & Seasonings, of Edison, N.J., had no immediate comment.
I still find it odd that the actual maker of the product has not been named by Mr. Ehrilch.  I wonder what he is hiding?
Posted on July 12, 2007 by Salmonella Lawyer
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60 ill with Salmonella Wandsworth in California, Colorado, Connecticut, Georgia, Illinois, Indiana, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Washington and Wisconsin

To date we have been retained by 29 families of 32 ill children.  Hopefully, we are seeing the end of the increasing number of ill people.  We have filed one lawsuit thus far in Federal Court in New York.



Public health officials in OutbreakNet (the network of epidemiologists and other public health officials, facilitated by CDC, who investigate outbreaks of foodborne, waterborne, and other enteric illnesses nationwide) are investigating a multi-state outbreak of Salmonella Wandsworth infections. Salmonella Wandsworth is a rare strain of Salmonella.

Interviews comparing foods eaten by ill and well persons show that consumption of Robert’s American Gourmet brand Veggie Booty was statistically associated with illness and therefore the most likely source of the outbreak.

As of July 10 at 11AM ET, 60 persons infected with Salmonella Wandsworth have been reported to CDC from 19 states: California, Colorado, Connecticut, Georgia, Illinois, Indiana, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Washington, Wisconsin.


Among the patients for whom clinical information is available, 77% developed bloody diarrhea and 10% were hospitalized. No deaths have been attributed to this infection. Onset dates, which are known for 58 patients, ranged from March 4, 2007 to June 15, 2007. Most (90%) of cases have occurred in children aged 10 months to 3 years. During the initial phase of the outbreak, the number of cases gradually increased, with only 8 cases reported from 6 states before May 1, 2007. Health department and CDC investigators worked for weeks conducting interviews with parents of ill children to develop theories about possible sources of infection.

A multi-state case-control study demonstrated a strong association between illness and consumption of Veggie Booty, a snack of puffed rice and corn with a vegetable coating. CDC OutbreakNet staff shared this information with colleagues at the Food and Drug Administration (FDA) on June 27. After being informed about the outbreak by FDA, the company that manufactures the product issued a voluntary recall on June 28. None of the 60 known illnesses from Salmonella Wandsworth had onset after the product recall date. Persons are advised to discard any product in their possession.

OutbreakNet officials at CDC and in state and local health departments, FDA, and the marketing and manufacturing companies are working collaboratively to learn more about production of Veggie Booty to determine how it may have become contaminated. The Minnesota Department of Agriculture Laboratory (MDAL) has isolated the outbreak strain of Salmonella Wandsworth from 4 sealed bags of Veggie Booty obtained from retail stores. MDAL also isolated Salmonella Typhimurium, a different strain of Salmonella, from an additional sealed bag of Veggie Booty collected at the same time as the four bags positive for Salmonella Wandsworth.

On July 2, the company expanded the recall to include Super Veggie Tings Crunchy Corn Sticks. This was done due to the company’s concern that Veggie Booty and Super Veggie Tings share ingredients that could be contaminated. Persons should discard any Super Veggie Tings in their possession. CDC is not aware of any human illnesses associated with the consumption of Super Veggie Tings.
Posted on July 12, 2007 by Salmonella Lawyer
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What do Alabama, Colorado and Kentucky have in common? E. coli

Officials: Lettuce likely caused E. coli outbreak in north Alabama

Health officials say shredded lettuce served at a Huntsville restaurant was probably the source of an E. coli bacteria outbreak that has sickened 18 people in the past week. All signs point to lettuce served by Little Rosie's Taqueria as the probable culprit.  Three remain hospitalized.

Jail Inmates Sickened by E. coli - 70 inmates have fallen ill

A food-borne illness caused by E. coli is behind an outbreak of illness among dozens of inmates at the Jefferson County jail, sheriff's officials said Wednesday. About 70 inmates have reported symptoms including severe abdominal cramping, diarrhea, vomiting and a low-grade fever. An investigation began Friday, and 37 inmates were still ill and one was hospitalized Wednesday, sheriff's officials said.

3 Cases Of E. coli Reported In Kentucky

Three cases of E. coli poisoning have been confirmed in Kentucky, according to Buffalo Trace District Health Department director Tim Stump. Stump says all three cases involve juveniles - two in Fleming County and one in Bracken County. The two from Fleming County are from the same family. All three cases involve sub-type O157:H7, the most serious sub-type. No connection between those involved have been found, although food samples have been sent to the state lab for testing. The first case was reported on June 24. Another case in the same family was reported June 29 or 30. The third case was reported June 27. One of the victims remains hospitalized.
Any connection?
Posted on July 11, 2007 by E. coli Lawyer
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Three suffering kidney failure (HUS) from Alabama E. coli poisoning

According to the Hunstville Times, three people who have eaten bacteria-tainted lettuce at a popular Huntsville restaurant (Little Rosie's) are suffering kidney failure, a top Madison County health official said today. Five-year-old Samuel Coggin of Meridianville was scheduled to start dialysis Tuesday evening at Vanderbilt University Medical Center. Two female victims also remain hospitalized with kidney problems: a 48-year-old woman in critical condition at Huntsville Hospital; and a 70-year-old woman undergoing dialysis in Asheville, N.C. 

They are suffering from Hemolytic Uremic Syndrome (HUS)

The following is a comprehensive description of hemolytic uremic syndrome, its symptoms, and the complications and long-term risks associated with HUS.

Hemolytic uremic syndrome is a severe, life-threatening complication of an E. coli bacterial infection that was first described in 1955, and is now recognized as the most common cause of acute kidney failure in childhood. E. coli O157:H7 is responsible for over 90% of the cases of HUS that develop in North America. In fact, some researchers now believe that E. coli O157:H7 is the only cause of HUS in children.

HUS develops when the toxin from E. coli bacteria, known as Shiga-like toxin (SLT) [1,2], enters cells lining the large intestine. The Shiga-toxin triggers a complex cascade of changes in the blood. Cellular debris accumulates within the body’s tiny blood vessels and there is a disruption of the inherent clot-breaking mechanisms. The formation of micro-clots in the blood vessel-rich kidneys leads to impaired kidney function and can cause damage to other major organs.

What are the Symptoms associated with Hemolytic Uremic Syndrome?

About ten percent of individuals with E. coli O157:H7 infections (mostly young children) goes on to develop Hemolytic Uremic Syndrome, a severe, potentially life-threatening complication. HUS is an extremely complex process that researchers are still trying to fully explain.

The essence of Hemolytic Uremic Syndrome is described by its three central features: destruction of red blood cells (hemolytic anemia), destruction of platelets (those blood cells responsible for clotting, resulting in low platelet counts, or thrombocytopenia), and acute renal failure. In HUS, renal failure is caused when the nephrons, or filtering units, become occluded (blocked) by micro-thrombi, which are tiny blood clots. In almost all cases, the filtering ability of the kidneys recovers as the body of the patient slowly dissolves the micro-thrombi within the microvessels.

A typical person is born with about one million filtering units, called nephrons, in each kidney. The core of the nephron is a bundle of tiny blood vessels, called a glomerulus, where osmotic exchange allows for the filtration of wastes that eventually collect in the urine and are excreted. During Hemolytic Uremic Syndrome, the lack of blood flow to the nephrons can cause them to die or be damaged, just as heart muscle can die as the result of coronary vessel occlusion during a heart attack. Dead nephrons do not regenerate.

In general, the longer a patient suffers kidney failure, the greater the loss of filtering units as a result. At some point, the damage to the kidneys’ filtering units can be so severe that the patient will, over a period of years, lose kidney function and suffer end-stage renal disease (ESRD), which requires chronic dialysis or transplantation.

HUS can also cause transient or permanent damage to other organs, which include the pancreas, liver, brain, and heart. The essential pathogenic process is the same regardless of the organ affected: microthrombi inhibit necessary blood flow and cause tissue death or damage. During the acute stage of Hemolytic Uremic Syndrome, patients must be carefully monitored for these extra-renal complications. It is very difficult to predict the severity and course of HUS once it initiates.

The active stage of Hemolytic Uremic Syndrome may be defined as that period of time during which there is evidence of hemolysis and the platelet count is less than 100,000. In HUS, the active stage usually lasts an average of six days (range, 2-16 days). It is during the active stage that the complications of HUS per se usually occur.

What are the complications and long-term risks associated with Hemolytic Uremic Syndrome?

Several studies have demonstrated that children with HUS who have apparently recovered will develop hypertension, urinary abnormalities and/or renal insufficiency during long-term follow-up.

End Stage Renal Disease, Dialysis and Kidney Transplantation - please keep reading below: Continue Reading...
Posted on July 11, 2007 by E. coli Attorney
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Is lettuce the source of Little Rosie's E. coli? Lawsuits to follow?



Steve Doyle of the Huntsville Times has been taking a crash course on E. coli O157:H7.  It also appears that many of the Little Rosie's customers have become extremely ill - several developing HUS.  His story this morning points to the difficulty at times in pinpointing the actual source of a bacterial illness.  The headline says it all.  I have interjected some questions that still need to be answered in bold:

Lettuce most likely source for E. coli?

Lettuce was the likely source of an E. coli bacteria outbreak that has now sickened 18 people, the Huntsville-Madison County Health Department's assistant director said Tuesday.  Dr. Debra Williams said all signs point to shredded lettuce served by Little Rosie's Taqueria as the probable culprit.  [Not too fast - everyone at a Mexican Restaurant eats lettuce or it is on the plate]  Fourteen of the 15 people who have tested positive for E. coli O157:H7 poisoning ate at the Whitesburg Drive restaurant June 28-29, she said. The other victim did not eat there.  [This is an interesting and important fact - 1)  did this victim have ANY contact with anyone who ate at the restaurant - possibly a secondary case, 2)  did the victim eat lettuce or meat that was also served at the restaurant - where did the restaurant and the 15th person buy these food items?]

Health officials are awaiting test results on three other Little Rosie's customers who have symptoms of E. coli exposure.  [It will be interesting to see the PFGE pattern (genetic fingerprint) of the stool cultures.  It is most likely that  all the people at the restaurant have the same pattern.  It will be interesting to see if the 15th person also share that pattern.]

"We think it was a cross-contamination handling issue" by a restaurant employee, Williams said.  [Probable, but not for sure as yet.  We really need a bit more information on the 15th victim].

Fred Grady, chief of the state health department's epidemiology division, said it's "a little premature" to call lettuce the source of the outbreak because his agency is still reviewing information collected from victims and the restaurant.  "There are so many things we can't say yet because we haven't looked at the data," Grady said Tuesday. "Statistically, we ought to be able to make some pretty strong assumptions, but (the investigation) is not nearly complete."  [I would tend to agree with Fred.  A couple of more questions to ask:  1)  has the genetic pattern of the stool isolates been uploaded to PulseNet, 2)  is the genetic pattern a match to any other E. coli outbreaks or illnesses in the Untied States?

After handling hundreds of E. coli cases in the last 14 years - see www.marlerclark.com, I have learned that it is better to do a complete investigation to find the source of the bacteria - whether it is lettuce or meat.  Other news sources:
Posted on July 11, 2007 by E. coli Attorney
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China - getting too serious about food safety?



China today executed the former head of its food and drug watchdog agency, who had become a symbol of the country's wide-ranging problems on product safety.  Zheng Xiaoyu's execution was confirmed by State Food and Drug Administration spokeswoman Yan Jianyang at a news conference held to highlight efforts to improve China's track record on food and drug safety.  Zheng was sentenced to death in May for taking bribes to approve an antibiotic blamed for at least 10 deaths and other substandard medicines.

Now that is talking food safety serious.
Posted on July 10, 2007 by Food Poisoning Lawyer
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Five hospitalized in Huntsville Alabama E. coli outbreak



The Huntsville Times reported on the expanding outbreak linked to Little Rosie's Taqueria.
Eight more people have tested positive for the potentially deadly foodborne illness, bringing the total to 15. Most of the victims are children or young adults. Five people remain hospitalized: two each at Huntsville Hospital and Crestwood Medical Center; and one at Vanderbilt University Medical Center in Nashville.  Five-year-old Samuel Coggin of Meridianville was taken to Vanderbilt by ambulance Sunday and may have to undergo dialysis, said his grandfather, James Cole. Kidney failure is one of the most serious symptoms of E. coli infection.  Although the health department says the cause of the outbreak remains a mystery, many of the victims ate at Little Rosie's Taqueria on Whitesburg Drive in late June.
The fact that the Health Department can not seem to find the cause, reminded me of the following quotes from the Scripps Howard writer, Tom Hargrove:

Food safety can depend on the state you live in
The rate at which state health departments are able to detect and diagnose outbreaks of food illness varies alarmingly in the United States.

Ten other states reported food-sickness outbreaks at a rate of only half the national average or even less. They are: Alabama, Arkansas, Arizona, Delaware, Indiana, Mississippi, Nebraska, New Jersey, Oklahoma and West Virginia.

But 24 states failed to identify the cause in at least half of their food-sickness outbreaks. States with worse-than-average diagnosis rates are Alabama, Florida, Montana, New Jersey, Washington state, Michigan, California, Maryland, Illinois, Mississippi, Delaware and Missouri.

Alabama epidemiologists found the cause in only nine of their 180 outbreaks that sickened at least 718 people. That is a 5 percent rate of diagnoses.

"We just lurch from day to day. It's a real struggle," said Alabama State Epidemiologist John Lofgren. "We've never identified a virus at the state level. We've always had to send viral specimens to the CDC for testing."
Posted on July 9, 2007 by E. coli Attorney
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China - "Wild West Capitalism"

Sitting in airports (in Dallas on my way to visit a client) gives you time to read.  Ya'll (tip to the South) should all pick up this week's Newsweek.

At least 300 million Chinese citizens—roughly the same number as the entire U.S. population—suffer from food-borne diseases annually, according to a recent report by the Asian Development Bank and World Health Organization.
China today resembles nothing so much as the United States a century ago, when robber barons, gangsterism and raw capitalism held sway. Now as then, powerful vested interests are profiting from murky regulations, shoddy enforcement, rampant corruption and a lack of consumer awareness. In the United States during the early 20th century, public outrage over bogus drugs and contaminated foodstuffs, fueled by graphic accounts such as Upton Sinclair's "The Jungle," finally prompted passage of the landmark Pure Food and Drug Act. China needs a similar revolution today if it is to protect its competitiveness and its consumers.
It is going to be interesting - enter "Wild Bill."

Posted on July 9, 2007 by Food Poisoning Attorney
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26 more E. coli victims of DOLE spinach outbreak settle suits

Since resolving the tragic cases of three wrongful deaths related to the Dole Spinach outbreak of 2006 in late March 2007, we have settled an additional twenty-six cases involving non-HUS victims over the last few weeks. Lawyers and insurance carriers for Dole, Natural Selection Foods and Mission Organic have participated in a series of meetings with me where we successfully resolved the claims.  Special thanks to Dole and Natural Selection Foods for sending corporate representatives.

We still have much work to do. The most recent tally from the FDA included 204 illnesses due to E. coli O157:H7 reported the CDC. This number includes 31 cases of HUS and 102 hospitalizations.
Posted on July 9, 2007 by E. coli Attorney
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Ground Beef Sold At Canada Safeways Contains E. coli and has sickened at least five



The Canadian Food Inspection Agency (CFIA) and Canada Safeway are warning the public not to consume the fresh and frozen ground beef products listed below because the products may be contaminated with E. coli O157:H7 bacteria.

The following products are affected by this alert:

Safeway Fresh ground beef (lean, regular, extra lean and market trim). The fresh ground beef products were sold at Safeway and some independent grocery stores in British Columbia and Alberta between May 24 and June 5, 2007 and bear Best Before dates from May 25 to June 6 inclusively. Consumers who have purchased fresh ground beef products from independent stores during the time periods described above, and are unsure that it is affected product, should contact the retail store to determine if the product purchased is affected.

Butcher’s Cut frozen ground beef patties 1.13 kg. The affected patties, bearing UPC 58200 21604 and a Julian code date of 143, were sold on and after May 24, 2007, at Safeway stores in Western Canada and in Ontario, west of Thunder Bay.

Sunny Dawn frozen ground beef patties. The affected patties, bearing Julian date 143-07, were sold on or after May 24, 2007 at some independent grocery stores in Western Canada, Yukon, Northwest Territories, and in Ontario west of Thunder Bay. Consumers who have purchased the products described above, and have them in their freezers, are advised not to consume these products.

There have been five reported illnesses associated with the consumption of these products.
Posted on July 8, 2007 by E. coli Attorney
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FSIS to Increase E. coli O157:H7 Testing


According to the USDA/FSIS website, FSIS has decided to increase the number of scheduled raw ground beef product samples for FSIS E. coli O157:H7 testing that it will collect in July. The Agency has taken this action following an increased number of positive Agency E. coli O157:H7 results that occurred within a short period of time in June 2007. The additional sampling should help clarify whether there have been any significant changes in the prevalence of this pathogen in raw ground beef. Therefore, FSIS has sent out an increased number of MT03 sample request forms this month.

Over the last few months there has been a dramatic increase in the number of ill people (at least 50) and in recalls (over 6 million pounds) - see my earlier posts.

An interesting thought - last December some 1,300 undocumented workers in Swift plants in Iowa, Minnesota, Nebraska, Texas and Utah were arrested.  I assume that this impacted not only Swift, but other slaughter houses in the US.  I would assume that these plants were "forced" let go many workers who were experienced and were "forced" to hire people with no experience to keep up production.  One wonders if less experienced employees contributed to the increase in E. coli-related illnesses and recalls?

Posted on July 8, 2007 by Food Poisoning Attorney
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www.marlerblog.com quoted in the New York Times


Andrew Martin wrote for the New York Times today:

In Fear and Scandal, Some Find a New Drum to Beat

The article is an interesting overview of the problems that have developed with free trade with China – with food specifically.  However, I am a bit worried that if we start focusing on food from China as the biggest problem, we will loose sight of the fact the US businesses poison more consumers than China does by far.  Although, I talked to him only briefly, it was great to know someone other that my mom and dad read my blog. Here are the best parts:

This may look like a snack. To a lawyer, it looks like a lawsuit.

William Marler, a Seattle lawyer, says the reports of contaminated food from China have opened all sorts of opportunities. He specializes in representing clients who have gotten sick from eating tainted food. His most recent case was filed against the manufacturer of a product called “Veggie Booty,” a snack popular with children. In some bags, the “veggie” seasoning — made in China — was contaminated with salmonella, which sickened at least 57 people.

“My guess is that with increased globalization, and the billions of dollars at play, and with the denial of the Chinese that there even is a problem, I had better brush up on my Chinese,” Mr. Marler wrote on his blog - www.marlerblog.com

We have done thousands of Salmonella cases in the last 15 years.  I can be reached at bmarler@marlerclark.com.

The above picture (note, China Shipping Lines) was taken by my daughter, Morgan, Friday evening from the ferry coming home from Seattle.  Some earlier posts on China and Veggie Booty:
See my discussion on the "China Issue" at the blog - "Law and More" - here.
Posted on July 7, 2007 by Bill Marler
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Talk about a mistake in a Headline


I woke up this morning to the Headline in the Chicago Tribune - Suit over death cites snack food - the story goes on to talk about the lawsuit we filed in New York on behalf a very ill, but very alive, little boy:
The parents of an Indiana toddler have sued the makers of Veggie Booty, claiming the recalled snack poisoned their child. The snack had been recalled last week after the company found a seasoning made with imported Chinese ingredients tested positive for bacteria. The lawsuit, filed in federal court in New York by David and Ashlee Allen of Valparaiso, Ind., says their 18-month-old son, Xavier, ate a bag of Veggie Booty on May 20. It alleges that three days later, he had a bout of "severe, bloody diarrhea," and was diagnosed at a hospital with salmonella poisoning.

I think the Tribune mixed up the Veggie Booty case with this headline - Pet Turtle Linked to Infant Death - and story:
Turtles, especially those with shells under four inches, are still causing illness -- and death -- more than 30 years after their sale was banned in the U.S., the CDC warned. In March, a three-week-old girl in Florida died of an infection of Salmonella pomona two months after her family had been given a small turtle, the agency said in a case report. The Florida case is not an isolated one, the agency said. From October 2, 2006 through April 23, 2007, strains of S. Pomona closely related to the Florida strain were isolated from 19 patients in 11 states.
Posted on July 7, 2007 by Bill Marler
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Veggie Booty Salmonella Strikes Bellevue Tennessee Family



Dennis Ferrier reported from WSMV TV in Nashville this evening on the illness of the Bellevue toddler and the lawsuit I filed on behalf of a young boy from Indiana.

The Video says it all: Bellevue Child Catches Salmonella From Health Food

Parker Mitchell has been confirmed as Tennessee's only case of salmonella poisoning linked to Veggie Booty.
The Mitchells were going about their business at Riverwalk in west Nashville. But when they stopped to change their son's diaper and discovered it was full of blood, they knew something was wrong.  "Once he finally recovered from the stomach issues associated with the salmonella, then a whole new stage of the disease started and he had a high fever for a week or so. We knew that he was really, really sick, because obviously we've got a really active 2-year-old, and he doesn’t sit still very often … We knew something was really horrible," said mother Chastity Mitchell.  The Mitchell's pediatrician told them the salmonella may have moved into Parker's bloodstream. They didn't even want to think what that might mean.  "That's when the potential for aneurysms occur, when it gets in the bloodstream. That’s what the biggest risk of salmonella is. You can have severe hemorrhaging or death from the aneurysm," said father Bo Mitchell.  The child got better, but only afterward did the Mitchells figure out the cause was the Veggie Booty snacks -- a high-end health food kids snack.  "You go and buy a specialty product from a specialty store for your child, and you think you’re getting the best you can get for your child, and the result is salmonella," said Mitchell.
A lawsuit has already been filed in the Veggie Booty recall.  An Indiana family is suing after their 18-month-old child became sick.

Posted on July 6, 2007 by Bill Marler
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China - getting to know Bill Marler

Given the recent rash of food poisoning cases coming out of China, I thought it might be helpful if I had my Bio translated into Mandarin:

Bill ?Marler ???????????Marler ???L.L.P., P.S. Since 1993 ?, Bill ???????E. ??, ??????????Listeria ?Shigella ?Campylobacter ?Norovirus foodborne ????????????????????????, Bill ??????????????????Brianne Kiner ???$15.6 ??E. ????????????????????????????????????? ?5?1998 ?, ????Odwalla ??E. ??foodborne ??????????????Odwalla ??????????$12 ????????1998 ?Bill ????????E. ???????E. ???????????????2001 ???????????E. ?????????????????????????$4.75 ???????????E. ?????2003 ???????????????????????foodborne ?????????E. ??????????$11 ???Bill ???$300 ???????????????, Bill ??????: ??Agra ???????????E. ??????Norovirus ????Sheetz ????????Chi-Chi's ??????????& Osacar ?E. ?????????????????????????????????Portola Valley E. ?????????E. ??????Corral ??????Habanero ?E. ????????E. ??????????????Clarkston ??????????KFC E. ????WA ????Campylobacter ???????E. ????Emmpak E. ????????E. ????BJ ?E. ????Conagra E. ?????Lea ??????Kunick ???????Sizzlin ' ??????Shipley ????????Regent Beverly Wilshire ?????????Abbott ??Listeria ??Robeson E. ??????Forrest ??????Bauer ?E. ??????O ??????????Corral E. ?????????????????????????????????????????Ehmer E. ????Supervalu E. ????Linh ??????????McDonalds ???????????E. ????????Shigella ?????????E. ????D'Angelo ???????Viva ???Shigella ??Sizzler E. ???????Jr. ??????Wendy ?E. ????Felix Shigella Outbreak Excel ??E. ???? Bill ??????????????????????, ????????????????????foodborne ????????????Marler ?????????????Olivia ????

Posted on July 6, 2007 by Salmonella Lawyer
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Veggie Booty News Tomorrow

Craig Schneider of The Sydney Morning Herald (Australia) will report tomorrow:

Rare strain of salmonella in rice snack hits children hardest

Most of what he reports has been reported before in the last few days.  On fact dis catch my eye:
The recent spate of illness marked the first outbreak of salmonella wandsworth in the US, said an epidemiologist at the centre, Mark Sotir. The last reported outbreak was about 30 years ago in Hong Kong.

Posted on July 6, 2007 by Salmonella Lawyer
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"Bad Booty Baskets" - Wellbaskets.com Is Alerting Customers of foodpoisoning of Veggie Booty by Robert's American Gourmet


Veggie Booty has been voluntarily recalled by the "manufacturer" Robert's American Gourmet due to possible Salmonella contamination. The recently recalled product, Veggie Booty, was also a component of many gift baskets created by www.wellbaskets.com.  Interesting statement on the Well Basket site:
Well Baskets specializes in healthy get well baskets for the basic cold to the serious illness and healthy, all-natural & organic gift baskets for birthdays, holidays, and special occasions. Healthy gift baskets are all we do, and we cater to the health conscious gourmet as well as to those new to the world of healthful eating. Make a healthy choice for the well-being of your friends and family by sending a well basket today!

Although Robert's American Gourmet is a "manufacturer" under the law, it is a bit unclear who actually puffed/cooked the Veggie Booty - Ingredients: Corn Meal, Rice, Organic Soy Flour, Rice and/or Sunflower Oil, Spinach, Kale, Cabbage, Carrot, Broccoli, Calcium Carbonate, Vitamin A, Vitamin C, Parsley and Sea Salt and a dash of Salmonella Wandsworth.  So far Robert's American Gourmet has refused to name names.  However, it has been announced that the "spices" came from China and were allegedly contaminated.  A few questions for Robert's American Gourmet:

1.  Why were you buying spices from China?

2.  Who made the booty?

3.  Where was the booty made?
Posted on July 6, 2007 by Salmonella Attorney
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Salmonella Death in Florida - Turtles to blame - Again


It what must rank up there with one of the more stupid moves by Congress (I know there are many), on May 2, 2007, according to Senator Mary Landrieu, “in A 93-1 vote, the United States Senate today passed S. 1082, the Food and Drug Administration (FDA) Revitalization Act, which includes a key amendment offered by Senator Landrieu, that would lift the current ban on the sale of baby turtles in the United States.”  She goes on to say:

"My amendment frees Louisiana's turtle farmers from outdated FDA regulations that have crippled them for more than 30 years," Senator Landrieu said. "This is a great success for our agriculture industry, and I am proud that I could work with the Senate leadership to get this key provision passed. I urge the House to follow the Senate and pass this legislation so that the President can sign it and our farmers can have the freedom they need to provide safe and healthy turtles to America's children and families."

Now here is the real issue:

“There are approximately 78 turtle farmers in Louisiana, comprising a $9.4 million industry.”

Check the campaign donations.

Yesterday the CDC published in MMWR reports of illness traced to turtles came from Texas, Alabama, Arizona, California, Florida, Massachusetts, Nevada, New Mexico, New York, Pennsylvania and South Carolina, according to the Centers for Disease Control and Prevention in Atlanta. A strain of salmonella called S. Pomona was found in 19 patients in 11 states who had contact with the reptiles, the CDC said in a report released Thursday. The illnesses occurred from Sept. 30 through April 23.

Tragically, Emily Brown of Bloomberg News reported on the death of a 3 –week-old Florida girl linked to the turtles. The family of the 3-week-old girl was given a small turtle that a friend bought at a flea market in north central Florida, the CDC said. The baby developed poor appetite and lethargy and died March 1 after being admitted to a hospital. Tests showed that the turtle and the child had the same strain of salmonella. Quoting from the CDC report:
Six percent of salmonella infections can be attributed to reptiles, the CDC said, citing a study in 1996 and 1997. Symptoms in humans include stomach cramps, vomiting and bloody diarrhea. Children under 5 and people with weak immune systems are most at risk of serious effects.

Sale of turtles for educational purposes is allowed. The CDC estimated in 1980 that the ban had prevented 100,000 turtle-related salmonella infections and 40 deaths.
What is Congress thinking?  Might I suggest an email campaign to the good Senator?  Here is her press agents email:  scott_schneider@landrieu.senate.gov

See also what my friends at BARFBLOG have to say on the topic.
Posted on July 6, 2007 by Salmonella Lawyer
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Clostridium perfringens bacteria

We added another resource that I hope will be useful:

Clostridium Perfringes Bacteria is an anaerobic, Gram-positive, sporeforming rod (anaerobic means unable to grow in the presence of free oxygen). It is widely distributed in the environment and frequently occurs in the intestines of humans and many domestic and feral animals. Spores of the organism persist in soil, sediments, and areas subject to human or animal fecal pollution. Perfringens food poisoning is the term used to describe the common foodborne illness caused by C. perfringens. The symptoms are caused by ingestion of large numbers of (greater than 10 to the 8th) vegetative cells. Toxin production in the digestive tract (or in test tubes) is associated with sporulation.  For a full overview see www.foodpoisonblog.com
Posted on July 5, 2007 by Bill Marler
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China says: "Media overblow food safety problem" - Really?

In the age of globalization, food imports from China to the US are big business and getting bigger. In 2006, they represented $64 billion – a 33 percent increase over 2003.  As China imports grow, so does my business - A bad trend?  It certainly is for my clients.

The same day that it was announced that the seasoning in “veggie booty,” a product parents around the country fed their small kids, was tainted with Salmonella Wandsworth that was imported from China, the China Foreign Ministry announced in the China Daily:
“China's food safety problems are partly a result of misunderstandings brought about by exaggerations in media reports. One aspect of this is a misunderstanding which in large part is a result of media exaggeration," Qin Gang said. "That creates a psychology of fear. Truly problematic products are "extremely few," he said.

Tell that to the parents of 57 US kids suffering from a rare strain of Salmonella? I found a few interesting articles on the topic that I thought I would share one from WorldNetDaily from May, from NPR of a few days ago and from Voice of America of yesterday.

HOMELAND INSECURITY - Is China trying to poison Americans and their pets?
U.S. market flooded with foods unfit for humans, tainted with carcinogens, pesticides, bacteria, drugs
Last month, like most months, China topped the list of countries whose products were refused by the FDA – and that list includes many countries, including Mexico and Canada, who export far more food products to the U.S. than China.  Some 257 refusals of Chinese products were recorded in April. By comparison, only 140 were from Mexico and only 23 from Canada.  Refused by the FDA in April because they were "filthy":

* salted bean curd cubes in brine with chili and sesame oil
* dried apple
* dried peach
* dried pear
* dried round bean curd
* dried mushroom
* olives
* frozen bay scallops
* frozen Pacific cod
* sardines
* frozen seafood mix
* fermented bean curd

Among the foods rejected because they were contaminated with pesticides:

* frozen eel
* ginseng
* frozen red raspberry crumble
* mushrooms
For more FDA information - click here.

Kayla Webley of NPR reported just a few days ago - List of Problem Chinese Imports Grows:
In recent months, the number of unsafe products imported to the United States from China — ranging from seafood and pet food to toys and toothpaste — has grown steadily. Chinese-made products have accounted for 60 percent of recalls this year, according to the U.S. Consumer Product Safety Commission. For the most part, the businesses responsible for the faulty products and bad food have denied the problems, saying their products are safe.

Daniel Schearf of VOC reported yesterday on China’s own internal problems with food security - Inspectors Say Nearly 1 in 5 Chinese Products Substandard
Chinese government inspectors report that nearly one-fifth of the products they examined this year were substandard. The report follows months of increasing publicity over tainted foods and unsafe products made in China and sold both domestically and overseas. China's General Administration of Quality, Supervision, Inspection, and Quarantine says in the first half of this year more than 19 percent of inspected Chinese products made for domestic consumption failed national quality and safety standards. The rate of failure among small manufacturers was even worse, at 27 percent. Small manufacturers account for about 75 percent of all food processing operations.
My guess is that with increased globalization, and the billions of dollars at play, and with the denial of the Chinese that there even is a problem, I had better brush up on my Chinese.


Posted on July 5, 2007 by Food Poisoning Lawyer
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Salmonella Wandsworth now 57 in California, Colorado, Connecticut, Georgia, Illinois, Indiana, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Washington, Wisconsin

CDC Salmonella Wandsworth Outbreak Investigation, June - July 2007



Public health officials in OutbreakNet (the network of epidemiologists and other public health officials, facilitated by CDC, who investigate outbreaks of foodborne, waterborne, and other enteric illnesses nationwide) are investigating a multi-state outbreak of Salmonella Wandsworth infections. Salmonella Wandsworth is a rare strain of Salmonella.

Interviews comparing foods eaten by ill and well persons show that consumption of Robert’s American Gourmet brand Veggie Booty was statistically associated with illness and therefore the most likely source of the outbreak.

As of July 3, 57 persons infected with Salmonella Wandsworth have been reported to CDC from 18 states: California, Colorado, Connecticut, Georgia, Illinois [newly added], Indiana, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Washington, Wisconsin. Among the patients for whom clinical information is available, 76% developed bloody diarrhea and 10% 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 15, 2007. The number of cases has gradually increased, with only 8 cases reported from 6 states before May 1, 2007. Health department and CDC investigators worked for weeks conducting interviews with parents of ill children to develop theories about possible sources of infection.



There are Ill Children in the following States:
(Retained Clients (15) Total CDC count 57)

California (3) - 7
Colorado 5
Connecticut 2
Georgia (1) 1
Illinois (1) - 1
Indiana (1) -1
Massachusetts (1) - 3
Minnesota 2
New Hampshire 2
New Jersey (1) - 2
New York (2) - 15
Oregon 1
Pennsylvania (1) - 3
Tennessee 1
Texas 2
Vermont 3
Washington (4) - 4
Wisconsin 2

We are also investigating cases in Florida and North Carolina
 
Posted on July 4, 2007 by Salmonella Attorney
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Salmonella Wandsworth Found in Seasoning from China



The Associated Press Reporter Andrew Bridges reported late this afternoon something that I had suspected this morning (see earlier post) as I drank my first cup of coffee at 5:00 AM after being called by Paul Nunes, my local New York counsel in this case we filed yesterday morning in New York. Andrews reported in part:
A seasoning made with imported Chinese ingredients used on recalled snack foods was contaminated with salmonella, a company official said Tuesday. [This is after Minnesota Department of Agriculture isolated the pathogen in recalled Veggie Booty].

The seasoning, used on both Super Veggie Tings Crunchy Corn Sticks and Veggie Booty snack foods, tested positive for the bacteria, said Robert Ehrlich, president and chief executive of Robert's American Gourmet Inc. The "veggie" seasoning's ingredients came primarily from China, the company said.

The company expanded the recall on Monday to include Super Veggie Tings Crunchy Corn Sticks Snack Food, since it uses the same seasoning. Both baked products were sold across United States and Canada.

No other company product uses the spray-on seasoning [I wonder why?].

Ehrlich said he had been unaware of where the ingredients used in the seasoning originated. The products are made under contract; Ehrlich would not identify the manufacturer.
Mr. Ehrlich, who seems to have had an interest in things legal (See earlier posts on his personal litigation and the company’s mislabeling litigation). I look forward to asking him (under oath) why he did not know that the contaminated product came from China? And, asking him why he will not tell the consuming public the name of the manufacturer?

Robert Kessler of Newsday also broke the story of the "China Booty:"

China linked to recalled snack food - 'Booty' producer links salmonella with seasonings

Mr. Kessler also penned the following (love the headline):

A foul flavoring - Investigation into tainted snack points to seasonings imported from China as root of salmonella poisonings



For more information on complications of Salmonella, visit www.about-reiters-syndrome.com, For more information on Salmonella Litigation, visit www.salmonellalitigation.com, For more information on Salmonella, visit www.about-salmonella.com

For information on the first "veggie booty" lawsuit - see my post at www.marlerblog.com
Posted on July 3, 2007 by Salmonella Lawyer
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Minnesota lab confirms Salmonella Wandsworth in recalled Veggie Booty snack food



ST. PAUL, Minn. – Following up on last week’s alerts from the U.S. Food and Drug Administration (FDA) and the Minnesota Department of Health regarding “Veggie Booty” snack food, the Minnesota Department of Agriculture (MDA) laboratory has tested a sample of the product and confirmed the presence of Salmonella Wandsworth.

The strain of the bacteria found by MDA matches the genetic fingerprint of the type that made consumers ill in multiple states. MDA’s lab is the first in the nation to find the bacteria in the product. The previous FDA alert had been based on investigators’ determination that the common link among ill consumers was that they had eaten Veggie Booty. Finding the bacteria in the product confirms this link.

Veggie Booty, a snack comprised of puffed rice, corn and a vegetable coating, is often consumed by children. Parents of children who may have eaten Veggie Booty are advised to watch their children for signs of illness. Salmonella typically causes diarrhea, abdominal cramps and fever. Symptoms typically begin within one to four days after exposure to the bacteria. While most people recover within days, very young children, elderly adults and people with weakened immune systems may be at higher risk for more severe complications.

According to the FDA alert, Veggie Booty is marketed by Robert’s American Gourmet, of Sea Cliff, New York. Veggie Booty is sold in a flexible plastic foil bag in four-ounce, one-ounce, and one-half ounce packages. The company has recalled Veggie Booty products as well as a similar line of snacks called Super Veggie Tings Crunchy Corn Sticks Snack Food.

While Salmonella is a frequent culprit in foodborne illness, this particular variety Salmonella Wandsworth is a rare strain not believed to have been associated with prior outbreaks of human illness in the United States. To date, this outbreak has been tied to more than 50 reported illnesses in 17 states, including at least two people in Minnesota.
Posted on July 3, 2007 by Salmonella Attorney
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Is there a China connection to Veggie Booty?

Over the last week, the FDA has recalled Robert’s American Gourmet Food  products including "Veggie Booty" and now "Super Veggie Tings Crunchy Corn Sticks Snack Food."  Interestingly absent is any comments on where the product was manufactured - China perhaps?



Robert’s American Gourmet Food, Inc. Conducts a Nationwide Recall of Super Veggie Tings Crunchy Corn Sticks Because of Possible Health Risk

July 2, 2007 -- Robert’s American Gourmet Food, Inc. of Sea Cliff, New York is expanding its snack recall to include Super Veggie Tings Crunchy Corn Sticks Snack Food, all lots and sizes, because it has the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

Robert's American Gourmet Food, Inc. Conducts Nationwide Recall of Veggie Booty Because of Possible Health Risk

June 28, 2007 -- Robert's American Gourmet Food, Inc. of Sea Cliff, New York is recalling Veggie Booty Snack Food all lots and sizes, because it has the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.
Posted on July 3, 2007 by Food Poisoning Attorney
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First Veggie Booty Salmonella Lawsuit Filed Against Manufacturer

A lawsuit was filed Monday morning in Federal District Court for the Eastern District of New York, (CV07-2661), against Robert’s American Gourmet, the manufacturer of Veggie Booty, the snack food that was recalled on June 28 after public health officials identified the product as the source of a nationwide Salmonella outbreak. The lawsuit was filed on behalf of Valparaiso, Indiana, residents David and Ashlee Allen, whose 18-month-old son, Xavier, became ill with a severe Salmonella infection after eating Salmonella-contaminated Veggie Booty in May, and continues to suffer from the effects of Salmonella. The Allen family is represented by Marler Clark, the Seattle law firm that has represented thousands of victims of Salmonella and other foodborne illness outbreaks, and Underberg & Kessler, a respected Rochester, NY law firm that has worked with Marler Clark on dozens of prior Salmonella outbreak cases.

Xavier Allen consumed some of the Veggie Booty on May 20, and became ill with symptoms of Salmonella infection, including bloody diarrhea, on May 23. Xavier was treated in the emergency room on May 26, and submitted a stool sample for testing. He was released to recover at home, but received additional treatment from a health care provider multiple times in the subsequent days. Xavier’s stool sample cultured positive for Salmonella Wandsworth, and his parents were contacted by the Centers for Disease Control and Prevention (CDC), who linked his case to nearly 55 others in 17 states. At present, Xavier continues to suffer from symptoms of Salmonella infection, and is under medical supervision.

“Xavier and other small children across the country have suffered debilitating illnesses, and all their parents could do was sit and watch,” said William Marler, managing partner of Marler Clark, noting that the CDC reported nearly all outbreak-cases were children under the age of ten. “These families deserve compensation for not just medical expenses, but for all they went through – and are still going through in cases like the Allens’.”

BACKGROUND:  Marler Clark (www.marlerclark.com) has represented thousands of victims of bacterial, viral, and parasitic foodborne illness since 1993.  The firm has litigated high-profile E. coli and Salmonella cases against such companies as Jack in the Box, Odwalla, Malt-O-Meal, ConAgra, McDonald’s, Wendy’s, and Dole.  Underberg & Kessler, together with Marler Clark, has represented victims of E. coli, Salmonella, and hepatitis A outbreaks, including 72 victims of the Brook-Lea Country Club Salmonella outbreak in 2002, 93 victims of the 2006 Dole spinach E. coli outbreak and nearly 5,000 victims of the 2007 ConAgra Salmonella outbreak.  Contact:  William D. Marler – (206) 794-5043 or bmarler@marlerclark.com.

The "Law Blogger" wrote about the suit:
Marler Clark Wants Booty for Victims of Tainted Snacks
The Rochester Democrat and Chronicle:
Salmonella Suit Filed
The Rochester Business Journal:
Lawyers file suit against Veggie Booty maker
The Post-Tribune:
Valparaiso couple file lawsuit alleging salmonella poisoning
Newsday:
Parents sue, saying son sick from Veggie Booty
Posted on July 2, 2007 by Salmonella Lawyer
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