Marler Blog : Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

According to CNN, nine people have gotten sick in Washington, Oregon and Idaho from E. coli contaminated beef. Federal and state health officials issued a consumer alert Thursday after nine people were sickened by contaminated beef produced by Interstate Beef of Oregon. The recall is for 41,205 pounds (approximately 20 tons) of beef.  As of a few hours ago, we have been contacted by two families who have been sickened in this latest failure of of our food safety system.  Also read the article in this mornings Oregonian.

The meat, processed between July 19 and July 30, according to the company, was also sold in Alaska, but no illnesses have been reported there. Authorities identified the suspect products as 16-ounce packages of "Northwest Finest 7% Fat, Natural Ground Beef" with UPC code label "752907 600127" and 16-ounce packages of "Northwest Finest 10% Fat, Organic Ground Beef" with expiration dates between August 1 to August 8. The beef was sold in Safeway, QFC, and Fred Meyer and other stores. DNA tests confirmed that the nine people sickened by E. coli were infected with the same strain of the bacteria.


I am sitting in the Sydney, Australia airport waiting on our flight back to the United States.  I thought it would be good however to stop in on Hawaii to see how the E. coli outbreak tied to lettuce is coming along.

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Carol M. Ostrom of the Seattle Times reported today on the growing problem of E. coli in hamburger in the United States.  Over the last several months there have been close to a dozen recalls and nearly 7,000,000 pounds of meat recalled.  We have a problem - again.  Good thing I am about to get on the plane here in Melbourne, Australia to head back.  As Ms. Ostrom reported:

Six people in Washington have been sickened by E. coli contamination in ground beef made by Oregon-based Interstate Meats, leading to a federal consumer alert for the products.

The illnesses occurred in late July and the first week of August, the state health department said.

Two other cases connected to the company's products have been reported in Oregon.

The Washington cases included one child and five adults in King, Island and Clallam counties, the health department said. Two were hospitalized and have since recovered.

The alert was issued by the U.S. Food Safety Inspection Service for products sold under the brand name "Northwest Finest." The products subject to this public health alert include:

• 16-ounce packages of "Northwest Finest 7% FAT, NATURAL GROUND BEEF." The label bears a UPC code of 752907 600127.

• 16-ounce packages of "Northwest Finest 10% FAT, Organic GROUND BEEF." No UPC code is available.

Each package also bears the establishment number "Est. 965" inside the U.S. Department of Agriculture mark of inspection, and sell-by dates between Aug. 1 and Aug. 11.

The ground-beef products were produced on various dates between July 19 and July 30 and distributed in Alaska, Idaho, Oregon and Washington.

The affected products were available for sale at Safeway, QFC and Fred Meyer stores in Washington. But the ground beef may have been available at other outlets, so all consumers are advised to check their freezers for these products. Any frozen ground beef should be checked and discarded as necessary.

Here is a partial list of outbreaks that have occurred in the last few months:

*  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.

*  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.

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I just finished giving my second of three talks here in Melbourne and just received an email with a link to an article in the WSU Magazine, by Hannelore Sudermann and photography by Bruce Andre and Robert Hubner.  Sitting in an internet cafe several thousands of miles away, and a day ahead, is an interesting way to read about your life.  It is an interesting read - see below:

The nation's leading food-borne illness attorney tells all

Continue Reading...

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According to an FDA Press Release of this morning,  Metz Fresh has recalled spinach likely contaminated with Salmonella.  I actually learned about this at 2:00 AM (Melbourne time).  It is nearly a year after the Centers for Disease Control and Prevention (CDC) confirmed 205 illnesses and three deaths associated with consumption of E. coli O157:H7-contaminated Dole-brand bagged spinach, Metz Fresh of King City, California, recalled 8,118 cases of spinach for potential Salmonella contamination.  My office put out the following statement from me this afternoon (Seattle time):

“Since last year’s outbreak, the leafy greens industry has taken several positive steps toward reducing the risk of contaminated product reaching our food supply, but this latest recall proves that a voluntary compliance program is not sufficient to protect the public,” Marler said.

On July 23, members of the California Leafy Greens Handler Marketing Agreement (LGMA) began using a service mark certifying membership in the LGMA program. LGMA Chairman Joe Pezzini commented on the new service mark and Marketing Agreement: “Beginning July 23rd, we will begin to certify to our customers that California lettuce, spinach and other leafy greens have been grown to the highest food safety standards available.”

“Although Metz Fresh was reportedly using a test-and-hold system to prevent contaminated spinach from reaching the food supply, it is apparent that the system was not effective, given that approximately 800 cases of contaminated spinach made their way into the supply chain,” Marler continued. “We’re seeing today that regulation is needed to protect the leafy green industry from itself.”

I am in n Melbourne, Australia, where I delivered a keynote address at the Dairy Industry Association of Australia’ s Dairy Science World Series conference. In September I will travel to Beijing, China, for the China International Food Safety and Quality Conference and Exposition, and will deliver a keynote address entitled, “The Legal Costs of Foodborne Illness”.   My PowerPoints from the Melbourne conference are below:

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Healthinspections.com has found that an Arby's in Washington State responsible for an outbreak of salmonella poisoning has a history of temperature violations – as do many other Arby's locations across the country.  Full story at:

Customers Sick From Eating At Arby's - Chain Has Many Repeat Violations

It's the second time in less than a year that Arby's customers are sick with salmonella poisoning. In both outbreaks, health officials have found that roast beef was sliced on a contaminated slicing machine.  Health department investigators say the Arby's meat slicer tested positive for salmonella. They also found that four Arby's employees were infected with salmonella. The same problem made Arby's customers sick last year in Valdosta, Georgia. A bacteria-filled slicer contaminated sandwiches with salmonella, sending 19 to the hospital.

I am still in Australia where I will be giving three talks later this week to the food industry.  We will post the PowerPoints in the next few days.

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In an all too common warning, Marisa Lagos of the San Fransisco Chronicle, warns customers at a San Jose Jamba Juice to seek medical attention.  This all could have been avoided if Jamba Juice had required all employees to have Hepatitis A shots, BEFORE they worked.

Customers at a Jamba Juice in San Jose may have been exposed to Hepatitis A this month, health officials said today. A food handler at the smoothie franchise's store at 1140 Lincoln Ave. tested positive for the disease and was infectious for 12 days this month while working, officials said. The employee worked Aug. 1-3, 6-9 and 11-16.

People who have been vaccinated for Hepatitis A or have had the illness in the past are not at risk of infection. Santa Clara County health officials said the risk that customers had been exposed was small, "because it is likely that the employee followed good hand hygiene and food safety practices." The store was inspected during a routine health inspection July 31, and no violations were found, officials said.

Anyone who visited the store within the past two weeks and believes they are at risk of infection should receive a vaccine, officials said. Immune globulin instead of the vaccine is available for infants, people with a chronic liver disease, and those who are over 40, pregnant or immune-system compromised. Symptoms of Hepatitis A include jaundice, fatigue, abdominal pain, loss of appetite, nausea, diarrhea and fever. Anyone with symptoms should contact a doctor. People who catch the disease can be sick for anywhere from a few weeks to six months.

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Bill Hord of the Lincoln Bureau wrote an interesting piece a few days ago - E. coli vexes despite safety effort

His story seemed to focus on the Hudson Meat recall (US largest in 1997 – some 21 million pounds of meat) as the turning point in the battle against E. coli. Frankly, I always felt that it was the ConAgra outbreak in 2002 that seemed to be the point where the number of E. coli cases began to fall. What I thought was a bit odd was his failure to mention the several meat-related E. coli outbreaks that have occurred in 2007 – see my earlier posts.

Mr. Hord did have a chance to talk to my partner, Buce Clark:

The past decade also has spawned a legal niche for two opposing lawyers over a lawsuit brought on behalf of a 12-year-old girl infected with E. coli from a hamburger bought at a Jack in the Box fast-food restaurant.

Seattle attorney William Marler won a $15.6 million settlement on behalf of the girl. Marler and Bruce Clark, also of Seattle, who represented Jack in the Box, later formed a partnership to bring actions in food safety cases. In the past decade, the two have represented nearly 1,000 clients in E. coli cases, Clark said.

The cases take place out of the public eye, Clark said, because they nearly always result in settlements by companies that do not want the exposure that Jack in the Box received.

Interesting Chart:

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Alex Pulaski of the Portland Oregonian (part of Newhouse News Service) wrote a comprehensive article on imported food and the risked posed by its increase.  I will be speaking in China in the middle of September of the risks of tainted food imports.

In the past year, federal inspectors have found salmonella in Hershey's Kisses imported from Mexico, illegal pesticides and toxic compounds in peanut butter from India and scores of shipments of Chinese seafood tainted by unsafe animal drugs, unregistered pesticides or salmonella.

As the world turns into a huge buffet line for the American appetite, consumers face increasingly tough decisions about what export countries and food products pose higher risks of making them sick, while government inspectors struggle to protect and inform them. Mandatory country-of-origin labeling, passed by Congress in 2002, has been delayed under pressure by meat packers and retailers, leaving consumers with limited information about where their food might come from.

But an analysis by The Oregonian newspaper of Portland, Ore., points out some danger spots - food exports and exporting countries that have cropped up most often with problem inspections.

Overall, vegetable products, followed by seafood and fruit, were most often rejected. Most of the refused products had been subject to "import alerts," meaning that federal inspectors had noticed a pattern of problems, requiring that shipments be held unless proven safe.

Specifically, The Oregonian's analysis of U.S. Food and Drug Administration records shows that food items most often refused entry over the past year (and the most common reasons for the refusals) included:

Candy (filth), dried peppers (filth) and cantaloupes (salmonella) from Mexico.

Spices (salmonella) from India.

Vegetables (pesticides) from the Dominican Republic.

Seafood (animal drugs, pesticides, salmonella) from China.

Full Article Continue Reading...

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Blood donations save Lexington County woman's life

Kara Gormley reported how Blood donations saved Erica Sturkie’s life:

She almost lost her life after eating a leafy vegetable. Now a young Lexington County woman is speaking about her distressing experience, and the generous acts that saved her life.

Erica Sturkie is about to embark on her senior year at Columbia College. Almost exactly a year ago there was a point where she wondered if she'd live to see her 21st birthday. "I was a healthy 20-year-old. Then, all of the sudden, you know, I was knocking on death's door."

Erica wound up in the hospital. Her classmates sent her well wishes after doctors diagnosed her with rare type of E. coli. "They were trying to figure out where it came from, nothing was checking out, then all of the sudden the story broke."

She remembers, "It was like a light. I was like, oh my gosh, this was me. This is what happened to me."

Erica says her blood tests revealed her E. coli spawned from bagged spinach. The spinach was part of a nationwide recall.

But finding out where she got the E. coli was only part of the battle. Erica says she underwent days of blood and plasma transfusions. Without them, she was given a three percent chance of survival.

She says without the blood, "I probably would not be here right now. A three percent chance of survival is not much. I definitely would not be here."

According to the American Red Cross, when someone donates whole blood, the Red Cross is able to obtain one unit of plasma per donor. Erica says, "If that is true, it took approximately 100 people to walk through the door to save my life."

She says she will never take that gift for granted. "It really makes me thankful for everyday that I have, and just, you know, taking care of myself."

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I read today in the Charlotte Observer online that kids and parents at a church camp in North Carolina ate recalled Castleberry's chili last Tuesday.  Certainly, no one would knowingly serve recalled product at a camp for kids.  This is just another testament to how ineffective the Castleberry's recall was. 

After the recall, major grocery chains emptied their shelves of Castleberry's brands. But some smaller retailers didn't, and for the past week, county health inspectors have helped state officials check convenience stores throughout the county.

As of today, they had checked nearly 800 stores and home daycares, finding recalled cans in about 7 percent of them, said Bill Hardister, the department's environmental program manager. The department hopes to finish its canvass of stores and daycares today, he said.

Botulism is a serious illness.  There's got to be a better way to conduct a recall and make sure people aren't served product that could potentially contaminate them nearly a month after the fact.

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Or, Two weeks into my trip “Downunder.”

Being away from the office for the last two weeks has given me an even better appreciation for the hard work and quality of the lawyers and staff at Marler Clark. Looking at what we do from eighteen hours ahead and several thousands of miles makes it clear why corporations and their lawyers simply give up - they are simply wrong.

We continue to make great progress on a variety of outbreak cases – Spinach, Peanut Butter, Veggie Booty, Taco Bell, Seneca Lake Spray Park, Taste of Chicago, United Food Group, Houlihan’s, Quiznos, Wal-Mart, Corky and Lenny’s, Byerly’s and Lunds, Taco Johns and Wendy’s, as well as dozens of isolated food poisoning cases. We are preparing for trial on two severe E. coli cases that will go to trial this fall in New York and New Hampshire.

Between my Blackberry, my Australian disposable phone and the Internet café down the beach, I have been able to keep up and help direct traffic as we work on the above and investigate the Castleberry Botulism cases, Hawaii lettuce E. coli cases.

We are also days away from the one-year anniversary of the Dole Spinach E. coli Outbreak:

Spinach E. coli outbreak - One year later

In late August of 2006, the families of E. coli victims from Oregon, Wisconsin and Utah contacted Marler Clark. The victims had been hospitalized with E. coli infections - two developing hemolytic uremic syndrome (HUS) – a life-threatening complication. Public health officials at the CDC and several states were working to determine the source of their illnesses. The victims were told by health officials that the strain of E. coli isolated from their stool samples were genetically indistinguishable, so it was suspected that they had a common exposure to a food product.

Interviews by our staff epidemiologist, Patti Waller, indicated that Dole brand bagged spinach was the likely source of these clients’ illness. Based on the evidence at hand, Marler Clark filed a lawsuit on behalf of our Oregon client on September 14th. Later that day, the FDA and CDC announced that Dole bagged spinach had been identified as the source of an E. coli outbreak, and that all spinach was being recalled. Marler Clark filed a second lawsuit against Dole on behalf of our Wisconsin clients on September 15th.

As the outbreak investigation continued, and we continued to receive more and more complaints from people across the country about having eaten Dole baby spinach, FDA and CDC identified Natural Selections Foods and Mission Organics as the suppliers who had supplied Dole with the contaminated spinach. Hence, we added both as defendants in the growing number of lawsuits we had filed.

93 victims of the outbreak, including 27 HUS victims and three deaths, ultimately retained Marler Clark. Thus far, Dole, Natural Selection and Mission Organics have honored their public commitment, and have responded to our clients’ claims fairly. Nearly 40 cases have been resolved to date. In addition, Dole, Natural Selection and Mission Organics have been pro-active and leaders in the produce industry to address food safety and to help prevent such an outbreak from occurring again.  I have also had the opportunity to talk on several occasions about the Dole spinach outbreak and the dozens of outbreaks that preceded it.  Here is a PowerPoint from a talk.

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Jan TenBruggencate of the Honolulu Advertiser reported on the E. coli O157:H7 outbreak tied to Kaua’i grown lettuce. Interestingly, we had been contacted by one of the ill tourists after they were released from the hospital and returned home from Hawaii.  It is not too difficult to tie lettuce grown near cattle production as the ultimate cause of this outbreak - we have seen this before in multiple outbreaks.

Hawaii State health officials conducted a months-long investigation to find the cause of an E. coli bacterial infection that hospitalized four tourists and sickened four others on Kaua'i in March.
Their conclusion: All eight people were most likely infected by eating contaminated lettuce from a Kaua'i farm, where heavy rains and flooding had carried E. coli bacteria from a cattle pasture onto the lettuce patch. Officials declined to name the farm they suspect was the source of the lettuce.
The state Department of Health said that the eight victims, including the four who required hospital care, have recovered without complications from the outbreak of a strain of E. coli O157, whose symptoms include abdominal cramps and bloody diarrhea and which in severe cases can cause kidney failure.

In a nationwide E. coli O157 outbreak last year involving California bagged spinach, nearly 200 people were affected and one (actually 5) died. In another outbreak of E. coli O157 in November and December, several dozen in five states became ill from infections associated with a fast-food restaurant chain (actually Taco Bell).  When the cluster of bacterial infections appeared on Kaua'i, the source of the illness was not clear. The victims included seven tourists from five states, and one Kaua'i resident.

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Marler Clark is currently investigating a botulism case from 2006. Some of what we have learned about the case so far follows:

On December 25, 2006, the couple prepared Christmas dinner for their family. One dish served for the dinner was a mashed potato dish that contained commercially canned seasoned chicken broth with roasted garlic. Three days later, on December 29, 2006, the couple was admitted to a local hospital with symptoms of botulism poisoning, including vomiting, sore throat, dry mouth, weakness, and slurred speech. The husband had become ill with a dry mouth and sore throat on December 26th, and the wife had become ill with dry mouth, dry throat, throat pain, and hoarseness on December 28th. Their symptoms progressed over the next several days, and by the 29th, both were transferred to the Cardiac Intensive Care Unit for medical treatment for suspected botulism poisoning. The Washoe County District Health Department (WCDHD) requested Clostridium botulinum antitoxin from the Centers for Disease Control and Prevention (CDC); the antitoxin was administered on December 30th.

Due to their worsening medical condition, the couple had difficulty responding to questions from health department epidemiologists, and they were interviewed by WCDHD staff through several different methods. Those methods involved responding to questions by nodding their heads, raising their fingers, and moving their feet.

WCHD isolated Clostridium botulinum type A toxin from the mashed potatoes and from the residual chicken broth found in the couple’s garbage. Their two sons did not become ill because they had not eaten the mashed potatoes made with the canned chicken broth with roasted garlic.

Medical treatment for the couple exceeded $1 million. The husband was hospitalized in acute care for 75 days, including 47 days on a ventilator. He spent 16 additional days in a rehabilitation facility. The wife was hospitalized for 69 days, including 38 days on a ventilator. She spent eight days in a rehabilitation facility after being released from the hospital. In May, neither the husband nor the wife had completely recovered from their illnesses.

Full WCHD REPORT

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Today's Daily Report, an Atlanta-area legal journal, reported on the ConAgra Peter Pan and Great Value peanut butter litigation.  In the Daily Report, writer Robin McDonald mentioned Marler Clark's role in the litigation:

The other plaintiffs’ lawyer is Seattle attorney William D. Marler, who has built his reputation by successfully litigating on behalf of thousands of people sickened by E. coli, salmonella, Listeria and other food-borne illnesses.

Marler’s successes include suits on behalf of the families of E. coli-sickened children against the fast-food hamburger chain Jack in the Box in 1993 and against fruit juice producer Odwalla Inc. in 1996. In 1998, Marler represented several metro-Atlanta children sickened with E. coli they contracted through contaminated swimming pool water at Marietta’s White Water amusement park, among them the 4-year-old son of then Atlanta Braves shortstop Walt Weiss. Marler’s small clients included the most critically ill children who were hospitalized after their E. coli exposure.

Marler’s Web site states that the Seattle attorney eventually settled the White Water claims for “millions of dollars.”

Marler’s firm, Marler Clark, has also represented victims sickened by E. coli they contracted in 2002 from contaminated ground beef produced at a ConAgra meatpacking plant. ConAgra settled with those victims without litigation, according to a Marler Clark pleading on file in Atlanta.

Marler Clark is adopting a two-pronged offense in the ConAgra litigation. The firm is representing plaintiffs who were sickened by the contaminated peanut butter in a potential class action. But it also is filing individual suits on behalf of more seriously stricken clients who were hospitalized with salmonella poisoning.

You can read more about Marler Clark's involvement in ConAgra peanut butter litigation here.

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Well, perhaps I already scarred them out of the water.

I am still in Australia with my family enjoying the Winter weather of Northern Australia (80 degrees).  It is amazing how you can stay connected via email, phone and blackberry - I'm sure my opponents love it.  Right now I am sitting in an Internet cafe on the beach in flip flops answering emails (183 this morning).  Last week I finished up two speeches on food safety to Australian industry and government.  I am working now on talks to be given in Melbourne to the dairy industry and the Keynote address to be given in at a food safety conference in China in mid-September.

People here seem very interested in our recent Botulism outbreak as well as the Con Agra Peanut Butter problem.  They find both outbreaks hard to fathom given the knowledge we should have had of the risks of botulism in canning and salmonella in peanut butter.

The legal and regulatory framework here is quite similar to both England and Canada (no surprise).  It appears that they feel that industry regulation, and criminal sanctions for violations, is a more efficient way of handling food safety issues that using civil lawsuits to both correct behavior and to compensate victims of food poisonings.  The problem, however, is that they seem to have a weak surveillance system, so few outbreaks are ever identified.  Also, although the industry feels that regulation and enforcement are tough, the government investigators I spoke with feel the opposite.

Well, off to a crocodile tour.

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ConAgra announced that production of Peter Pan peanut butter will resume this month, now that the company's Sylvester, Georgia, plant has been renovated.  AP reported that ConAgra is working to determine when the product will be reintroduced, and is strategizing how to re-introduce the product without facing backlash from consumers who became ill after eating the product.  In the story we were reminded of the outbreak that sickened thousands:

The Omaha company recalled all its peanut butter in February after government investigators linked the bacteria outbreak to ConAgra's Peter Pan and Great Value peanut butter.

Wal-Mart Stores Inc. (WMT) has continued selling Great Value peanut butter, its store brand, made by different suppliers, but Peter Pan has yet to return to stores.

The federal Centers for Disease Control and Prevention linked the peanut butter to the illnesses of more than 625 people in 47 states.

ConAgra spokesman David Palfenier has indicated that the re-launch of Peter Pan will be the be the single-largest investment ever made in the product.

We continue to represent thousands of people who became ill with Salmonella after eating Peter Pan and Great Value peanut butter.  See www.PeanutButterClassAction.com for more details.

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KABC reported yesterday that a restaurant on Lake Avenue voluntarily closed after 30 patrons become sick from a Shigella bacteria outbreak.  Posted on the front door is a notice from the Health Department and restaurant telling customers of the Shigella outbreak.

You might recall that just a few months ago over a dozen of the same restaurant's customers became ill with E. coli O157:H7.

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Marler Clark is pleased to be a chief sponsor of this event on Spetember 12 -13 2007.  As China is fast becoming one of the largest US trading partners in food, the safety of our imports are becoming of even greater concern.

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I ran across the following, posted on the Lubbock, Texas, News Radio website today.  James Clark wrote the article, Why The Code of Silence On Deadly Botulism?  He brings up some really good points about the information available to the media concerning the recall of Castleberry's products after they were found to be contaminated with Clostridium botulinum.  After all, the public relies on the media for all of our information about the recall, and if the media can't get answers, who can?

News Radio 1420 demands some accountability for the lack of public announcements and lack of answers to news media inquiries on botulism and the Castleberry recall.

Local news media including News Radio 1420 knew about the local angle of the national food recall story for well more than a week. But knowing it and getting official information for a story are two different issues.

News Radio 1420 asked Lubbock’s public health coordinator, Tigi Ward, why did the general public not hear from the Lubbock Health Department on the issue of botulism and the recall of Castleberry products?

Ward says, “The cases were not in our local jurisdiction. Consequently any information regarding the cases would come from that jurisdiction.”

In other words the case did not start in Lubbock. It started in another town. So, if we understand this correctly it is her contention that either Abernathy officials needed to say something about it or the state health department needed to say something about it. The Lubbock Health Department was not the lead agency.

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I am in Australia giving talks on how to improve food safety in the world and all people at the conference can talk about is how US businesses seem to do such a great job poisoning customers. I must admit it is a bit embarrassing. Castleberry's Food Co. has recalled more than 90 potentially contaminated products nationwide - including canned chili, hash, stew and dog food - over fears of botulism contamination. However, not only has the recall been a joke – products are still on shelves and in peoples’ homes – but the company has been silent on reaching out to the victims – what gives?

News reports are not good from home:

Child with botulism still critical

One of two West Texas siblings confirmed to have botulism poisoning from canned food recalled nationally remained hospitalized in critical condition Wednesday, a hospital official said.

Botulism leaves New Mexico man paralyzed

A 52-year-old Sandoval County man is paralyzed with botulism, and state health officials said in Albuquerque that they were trying to determine if he ate canned food involved in a nationwide recall.

Castleberry's Press Release today only underscores that it had no plan in place to deal with a recall of its product:

Castleberry’s Updates Status of National Canned Food Recall
Officials Express Urgent Need for Retailers and Consumers to Identify and Discard Recalled Items

Citing a continuing threat to public health, Castleberry's Food Company is urging retailers, food service operations, food banks, charitable organizations and consumers to be diligent in identifying and discarding canned products subject to Castleberry's national recall.

"Our primary focus is making sure that no potentially contaminated products are on grocery shelves, in peoples' homes or in emergency food supplies," said Steve Mavity, SVP Technical Services/Quality Assurance for Castleberry's. "Surveys by our own audit team, as well as those by inspectors from federal, state and local health agencies, confirm that some retail outlets, especially smaller independent and convenience stores, may still have recalled products available for sale. We are renewing our warning not to sell, open, or consume these products."

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SEATTLE, WA (August 2, 2007)—Bill Marler, an attorney who has represented thousands of victims of foodborne illness outbreaks, including victims of botulism poisoning, called on Castleberry’s, the company whose chili and dog food products were recalled last month due to contamination with Clostridium botulinum, to pay all botulism outbreak victims’ medical bills today.

“Without prompt medical attention, some of the victims of this outbreak would likely be dead,” Marler said. “In past botulism cases we’ve handled, victims’ medical expenses have exceeded half a million dollars. In addition to a hospital stay, some of these people will likely go through months of physical therapy after they are released from the hospital. It all adds up, and it’s only right for the company responsible for their illnesses to step forward and front medical costs for families.”

Confirmed botulism cases since the recall was announced have been reported in Indiana (3), New Mexico (1) and Texas (2). Health officials are awaiting test results on a suspected case in Hawaii. 

“Not only did Castleberry’s poison customers by putting out an unsafe product, it appears as though the company has conducted a very ineffective recall,” Marler continued, noting that consumers were confused about which products had been recalled because the Castleberry’s products had been sold under a number of different brand names, and did not specify that Castleberry’s was the manufacturer.

In Wednesday’s edition of the Indianapolis Star, Indiana State Health Commissioner Judy Monroe was quoted as saying, "It is obvious that there has been a recall failure." The statement was made after Indiana public health officials found more than 80 recalled products still on the shelves of some Indiana stores. 

“More has to be done to protect American consumers,” Marler concluded.

BACKGROUND: William Marler is an attorney who dedicated his law practice to representing victims of victims of foodborne illness outbreaks since 1993, when he represented Brianne Kiner in her $15.6 million E. coli settlement with Jack in the Box. He is out of the country, presenting at two Australian food safety conferences, but is available for comment by email at bmarler@marlerclark.com.  

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One of two Texas kids who were hospitalized with botulism was released from the hospital today.  The Lubbock-area siblings had eaten Castleberry's Austex Hot Dog Chili Sauce Original for lunch on June 28.  The next day, both became ill with symptoms of botulism poisoning.  According to an article in the Houston Chronicle:

An unopened can of the hot dog sauce, produced on May 7 at the company's canning facility in Georgia and purchased at the same time as the discarded can, was found in the children's home, the CDC said

The two children were at first evaluated at different hospitals, and multiple diagnoses were considered. After one child was transferred to the same hospital as the sibling, botulism was identified, and the children were placed on breathing machines.

The Texas Department of State Health Services reported the cases to the CDC on July 7.

One of the kids remains hospitalized in critical condition. 

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New Mexico health officials announced today that a New Mexico man had been hospitalized since July 26th with botulism.  The New York Times picked up the story from the Associated Press:

The 52-year-old man from New Mexico's Sandoval County, whose name was not released, was hospitalized July 26 and is in serious condition, able to only wiggle his toes, state health officials said.

''We can communicate with him only by him basically moving his toes,'' said Deborah Busemeyer, New Mexico Department of Health spokesman.

The federal Centers for Disease Control and Prevention said a preliminary test showed the man tested positive for botulism, Busemeyer said.

The CDC had said earlier that, as of July 22, four people had been hospitalized because of the contaminated food.

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Dawn House of the Salt Lake Tribune reports on the “voluntary recall” of Castleberry canned food that seems never to actually get recalled.

Consumers are being warned to be wary of grocery store shelves - as well as their own food pantries - and to check for recalled cans of chili, corned beef and other meat products that could be contaminated with bacteria that cause botulism.

On Tuesday, Utah officials said a check of 50 grocery stores across the state showed that four outlets continued to stock some of the 90 varieties of recalled products. These outlets, which were not identified, include small corner stores up to national chains, said Larry Lewis, spokesman for the Utah Department of Agriculture and Food.

Tens of millions of the canned goods, which were parts of separate recalls July 21 and July 25, had been distributed nationwide under a multitude of brand names. Last week, the Food and Drug Administration found recalled products for sale in roughly 250 of the more than 3,700 stores visited nationwide.

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