Marler Blog - Providing commentary on food poisoning outbreaks & litigation

Elizabeth Weise and Steve Sternberg of USA TODAY wrote a few moments ago:

Company Expands Hamburger Recall

Topps Meat Company has expanded a recall of frozen hamburgers to 21.7 million pounds of patties because they may be contaminated with a deadly type of E. coli, making it the second-largest ground beef recall in U.S. history. The largest ground beef recall in U.S. history was the 1997 Hudson Foods Company recall of 25 million pounds of ground beef. The third largest was the ConAgra Foods recall of 2002, which covered 19 million pounds of ground beef.

As of Sunday, the Centers for Disease Control and Prevention had identified 25 cases of E. coli O157:H7 in eight states. Three of those illnesses have been linked to Topps products, and 22 are under investigation, according to the USDA. The cases emerged between July 5 and Sept. 9: two in Connecticut, one in Florida, one in Indiana, one in Maine, seven in New York, five in New Jersey, one in Ohio and seven in Pennsylvania.

While this is the first recall in Topps' 65-year history, it is not the first time the company has had problems with E. coli O157:H7. In 2005, a 9-year-old girl in Glenmont, N.Y., went into kidney failure after being infected with bacteria linked to a Topps beef patty.

Said Seattle food-safety attorney Bill Marler, who settled the case in August.

Bill Marler, food safety advocate and E. coli attorney, whose Seattle law firm, Marler Clark, has been contacted by five victims of the E. coli outbreak traced to the Topps 21,700,000 pound hamburger recall, called today on Topps to pay the medical bills and lost wages of all individuals who became ill with E. coli infections as part of the outbreak. “We know that at least twenty-five people became ill with E. coli infections after eating Topps hamburger.”  Marler said.  “The cost of treating victims of E. coli infections can run in the tens of thousands of dollars, or in a severe case, even in the hundreds of thousands of dollars,” Marler continued. “These families need Topps to do more than promise to cooperate in the investigation into this outbreak. They need to know that Topps intends to fulfill its corporate responsibility by looking out for its customers.”

Marler noted that in other outbreak-situations companies such as Chi-Chi’s, Dole, Jack in the Box, Con Agra, Odwalla and Sheetz advanced medical costs for outbreak victims whose illnesses were traced to their food products.

Since the Jack in the Box E. coli outbreak in 1993, Bill Marler has represented thousands of E. coli victims against corporations such as AFG, Bauer Meats, BJ's Wholesale Club, Byerly's, ConAgra, Cub Foods, Dole, Emmpak, Excel, Finley School District, Fresno Meat market, Gold Coast Produce, Habaneros, Interstate Meats, Jack in the Box, Karl Ehmer, Kentucky Fried Chicken, King Garden, Lunds, McDonalds, Odwalla, Natural Selections, Olive Garden, Peninsula Village, Pat & Oscar's, PM Beef Holdings, Sam's Club, Sizzler, Spokane Produce, Sodexho, Supervalu, Taco Bell, Taco John's, Topps, United Food Group (UFG), Walmart and Wendy's.  Total recoveries on behalf of victims are in excess of $300,000,000.

Several times a month Bill, through the non-profit outbreakinc, speaks to industry and government throughout the United States, Canada, China and Australia on why it is important to prevent foodborne illnesses.  He is also a frequent commentator on food litigation and safety on marlerblog.  Bill also sponsors several websites related to E. coli, including about-ecoli, about-hus and ecoliblog.

In June in an Op-ed I warned about the increasing recalls and illnesses tied to E. coli-tainted hamburger and red meat.  Now, according to a press release by Topps:

Topps Meat Company LLC, located in Elizabeth, NJ, has voluntarily expanded its recall announced on September 25 to include 21.7 million pounds of ground beef products that may be contaminated with E. coli O157:H7. This represents all products produced by Topps with a "sell by date" or "best if used by date" that falls between September 25, 2007 and September 25, 2008. This information may be found on the back panel of the package. All recalled products will have a USDA establishment number of EST 9748, which is located on the back panel of the package and/or in the USDA legend.

This recall tops the Con Agra recall of 19,000,000 pounds in 2002 that sickened over forty and killed one and is just under the 25,000,000 pounds recalled by now-bankrupt Hudson Foods in 1997.

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As of Friday afternoon, we had been contacted by 4 of the 21 confirmed victims of this most recent Topps E. coli problem.  As some may know this is not the first time Topps product has been implicated in an E. coli illness.  Again, this recall is just a huge example of an increasing problem with ground meat in the USA - prior recalls in 2007 include:

1. A federal consumer alert was issued by FSIS for meat products sold under the brand name “Northwest Finest” after six people in Washington, two people in Oregon and one in Idaho became sick from E. coli O157:H7. The organic beef was ground by Interstate Meat, a national meat wholesaler, located in Clackamas, Oregon. 42,000 pounds of meat was recalled.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

The products subject to the Topps original and expanded recall include:

Health officials suspect another Eight

Matthew Ralph of the News and Tribune has continued to follow this story:

The number of laboratory-confirmed E. coli cases has reached eight with another eight suspected all from the same group of cases linked to Galena Elementary, health officials said Friday. Dr. Tom Harris, Floyd County health officer, said one of the new cases was an adult connected to Galena, but would not say whether it was a parent or a teacher. He said the additional cases likely received the infection from the first group of E. coli-infected children, but remained optimistic that the outbreak has been contained. The incubation period of the infection is typically up to 10 days.

It will be interesting to see if the outbreak will be tied to food or water served at the school like the Finley outbreak or if it is person to person contact at the school.

Dick Kaukas of the The Courier-Journal has written - 8th case of E. coli reported in Floyd
Cause of outbreak still undetermined

According the Courier-Journal, the number of confirmed E. coli cases in Floyd County has risen to eight, and one of eight probable cases is expected to be confirmed, the county's chief medical officer said yesterday.  Health investigators are continuing to search for the cause of the outbreak, Dr. Tom Harris said at a late-afternoon news conference.

"Unfortunately, this isn't TV," he said. "We won't have the answer in an hour or two hours. This is detective work. It takes time."

Now that secondary cases (likely person to person) are happening, I assume health officials will work overtime to get to the bottom of this outbreak - seems like a rewrite of Finley.

This year's E. coli outbreak is larger than the one from the Clackamas County Fair in 2006, when the bacteria infected four people, sending one to the hospital, said William Keene, an epidemiologist for the Oregon Public Health Division.

According to the Portland Oregonian, seven people who attended the Clackamas County Fair contracted E. coli bacteria, according to the Oregon Public Health Division.  Health investigators said today the outbreak spread to one additional person but is now contained. E. coli infections can cause diarrhea, stomach cramps and kidney failure. Those who became sick in August have recovered or are recovering.

County fairs have a history of E. coli problems, typically from people who come into contact with fecal matter, perhaps by petting a cow or sheep, and fail to wash their hands before eating food, according to Clackamas County Health Officer Gary Oxman. During the 2002 Lane County Fair, about 65 people got infected, and the bacteria spread from those people to about 20 more.

Fairs and Petting Zoos have not only been an ongoing risk for E. coli specifically, but also for other bacterial and viral illnesses.  We created a website, www.fair-safety.com, to make sure Fairs and the public are aware of the risk.  We have been involved in several lawsuits involving petting zoos and fairs, including Lane County, Oregon, and the State Fairs of North Carolina and Florida.  Also, see the news that has been generated on the topic of the last few years - News.



Here are some presentations that I have given on the topic in 2004, 2005 and 2006:

Marler Clark attorney William Marler commented on the USDA’s Food Safety and Inspection Service announcement that Topps Meat Company of Elizabeth, New Jersey, was recalling 331,582 pounds of frozen ground beef products that may be contaminated with E. coli O157:H7. The recall was prompted by a combined New York Department of Health and Centers for Disease Control and Prevention investigation into an E. coli O157:H7 outbreak that was determined to have been caused by consumption of Topps ground beef products.

New York is not the only state impacted by the beef recall and E. coli outbreak. The Associated Press reported today that residents of Connecticut, Indiana, New Jersey, Ohio, and Pennsylvania were part of the outbreak.

“We have a lawsuit pending in Albany County Superior Court that is the result of a 2005 E. coli case traced back to ground beef produced by Topps and sold at Price Chopper,” said Marler, the nation’s foremost attorney representing victims of foodborne illness. “What we’re seeing here is that lightning does strike the same spot twice.”

Marler noted that for the first time since 2002, the number of meat recalls and E. coli outbreaks connected to ground beef has been increasing. “The CDC and USDA’s numbers have shown significant declines in E. coli outbreaks traced back to contaminated ground beef since 2002, and our client-base was backing those numbers up,” Marler continued. “Most of our E. coli cases in the last five years have been the result of contaminated produce, but not this year – we’ve filed lawsuits against California, Minnesota, and Oregon beef producers in the last six months.

“To quote Buffalo Springfield, ‘Something’s happening here.’”

BACKGROUND: Marler’s Seattle-based law firm, Marler Clark (www.marlerclark.com) has represented thousands of victims of E. coli, Salmonella, Hepatitis A, Listeria, Shigella, Campylobacter and Norovirus illnesses in every states. In 1998, Marler and his current law partners formed OutBreak, a non-profit food safety organization. Marler dedicates a significant amount of his time to travel to food-industry and public health conferences, giving speeches about how to prevent food poisoning and the consequences of foodborne illness outbreaks. Marler comments on foodborne illness outbreaks and litigation at www.marlerblog.com.

OK, that may be on the minds of food manufacturers who poison customers and the insurance corporations who pay claims, but this Associated Press article demands closer reading:

Scientists discover germs get stronger when they go into space

It sounds like the plot for a scary B-movie: Germs go into space on a rocket and come back stronger and deadlier than ever.

Except, it really happened.

The germ: Salmonella, best known as a culprit of food poisoning.

The trip: Space Shuttle STS-115, September 2006.

The reason: Scientists wanted to see how space travel affects germs, so they took some along — carefully wrapped — for the ride.

The result: Mice fed the space germs were three times more likely to get sick and died quicker than others fed identical germs that had remained behind on Earth.

I'm still in Houston (and, this is my 900th blog post) - not far from the Johnson Space Center.  The problem with hitchhiking, nasty Salmonella, reminds me of that famous quote from the Apollo 13 flight:

"Okay, Houston, we've had a problem here." ??

The Effingham County Health Department is investigating several cases of E. coli.

The health department says it has six confirmed cases of E. coli O157:H7. They are all linked to eating at El Rancherito restaurant in Effingham at I-57 and I-70. The health department says the restaurant is cooperating and has been closed since Thursday.  The people affected ate there between September 11th and the 13th. Their illnesses started between the 14th and 17th. No word on their conditions.

I just landed in Houston, Texas an hour ago.  The plan is to have meetings this week with lawyers involved in the Peanut Butter litigation.  I know, eventually I will have to stop talk about my China trip, but, I thought I would share one more photo from the conference:

Had dinner with some famous Houston and Louisiana trial lawyers (and one nice Jewish lawyer from Florida).

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Elizabeth Weise and Julie Schmit, of USA TODAY have written an amazing recap of the year that made everyone question the safety of spinach and other leafy greens. I would urge all to read it:

Spinach recall: 5 faces. 5 agonizing deaths. 1 year later

"Seattle-based Bill Marler, considered the nation's pre-eminent E. coli lawyer, who represents Howard's and Dunning's families [and who has resolved 41 of the cases thus far], says the bacteria that felled both matched the spinach outbreak strain."

WILLIAM D. MARLER
GUEST COLUMNIST

Tainted pet food. Toothpaste laced with antifreeze. Toys coated with lead paint. Judging by the news reports, one might conclude the Chinese economic boom is about to collapse of its own weight.

Or, as Chi-Dooh Li concluded in Sunday's Focus ("In trade, China's moral compass is off course"), to veer off into some sort of amoral oblivion, where the safety of food and other products is blithely sacrificed at the altar of the Free Market and the Almighty Dollar.

But maybe not. Perhaps all China needs is a few good lawyers, and a body of civil law.

I thought of this earlier this month, as my cab inched through downtown Beijing, taking me to China's first International Food Safety and Quality Conference.

Nothing could have prepared me for what I saw. My car was virtually frozen in traffic, leaving ample time to gawk at the rising skyscrapers, stretching as far as the smoke-filled air allowed me to see. My hotel was a gaudy parody of a Las Vegas casino. Yet, just a block away was a hootong, one of the bleak, yet clean and serviceable residential communities carefully fenced off from prying tourist eyes.

Nothing, it seems, is left of the Maoist society I studied in college 30 years ago, a point driven home when I strolled past a Porsche dealership a few blocks away from Mao's tomb facing the Forbidden City.

As a lawyer who represents people sickened by food-borne illness, I had bought my way into being asked to speak to the conference hastily organized in the wake of the epidemic of unsafe products traced to Chinese factories. The Chinese are clearly baffled and nervous about what has become an international health scare and public relations nightmare.

The Chinese government responded by executing its top food-safety official, a solution that, to a lawyer who has dealt with scores of such bureaucrats, sounds a bit tempting. But I was there, along with officials from the U.S. Food and Drug Administration and the World Health Organization, to suggest some less drastic solutions.

Clearly, China has a big problem. But how big? Pets died after eating melamine-contaminated dog and cat food. But China is merely joining the club. Corporate America has been killing Americans -- and their pets -- for generations. Where was the conscience of Jack in the Box over a decade ago when it chose to undercook its hamburgers and sickened hundreds with E. coli? Where was Con Agra's moral compass in 2002 when it sickened dozens more by distributing tainted ground beef? Did Odwalla lose sleep over the death of a 2-year-old in 1996? Last year, hundreds were sickened, five died and dozens were left with lifelong kidney problems after eating contaminated spinach. And, guess what? The Chinese had nothing to do with any of this.

Killing regulators will not make food any safer, I told the mostly Chinese audience. Tougher laws and inspections may help, but not by themselves. If consumers are injured by a product, the consequences must fall on those who made it. And, for that, Americans rely on a body of civil law.

The Chinese were clearly puzzled by this. They understand the power of government, and the concept of criminal law. But they do not understand how one person can stand up to a rich corporation and say: "You made my child sick, and you are going to have to make it right."

I explained how our civil laws work. A Chinese company manufactures a product, or a component part of anything from dog food to automobiles or toy parts, and sends if off to Wal-Mart. The product proves to be tainted or faulty. A consumer is injured, and files suit against Wal-Mart, demanding compensation. A court awards damages, and Wal-Mart looks to the Chinese manufacturer, and demands accountability. Their message: China can make things cheaper, but they have to be safe. Lawsuits may make products more expensive, and both American and Chinese firms risk losing business.

Faced with the risk of another product failure, and another lawsuit, the U.S. importer will look for a more reliable manufacturer.

So, I told the Chinese, the issue is not social justice or morality. The issue is something they can understand much more easily -- the bottom line. I could see heads nodding across the room. Ohhhhh, so it is ultimately about making the sale or not making the sale! This they understood.

Whether they operate in China, America or Mars, corporations may talk publicly about their corporate conscience. But back in the boardrooms, the discussion will revert inevitably to the bottom line. They are far more motivated by the ugly prospect of being whacked by somebody like me. A few sick kids may be a minor cost of doing business, but a few civil lawsuits cut into profits.

Too cynical? Maybe. But motives matter less than results. If corporations make the right decisions to make safe products, does it really matter why?

At this point, it is difficult to imagine China developing a body of civil law. It does not seem to mix well with an authoritarian society. Their impulse remains: "Kill the regulator."

But, when it comes to exports, China is learning that its manufacturers are indirectly accountable to our system of civil justice. Once they understand that, they will have to play by the rules. Not because they are moral or immoral. But because they are motivated by the same raw, rational impulse as our corporations. They want to make money. And they will make more if they are not harassed by a bunch of lawyers representing sick kids.

Fresh Brands Distributing Inc. is recalling ground beef products sold by some of its Piggly Wiggly stores in Illinois after E. coli infections in two people may have been associated with beef bought in Wisconsin, the company said.

Sheboygan-based Fresh Brands operates Piggly Wiggly stores throughout Wisconsin and in Antioch, Galena, Grayslake and Zion, Ill., according to its Web site.

The voluntary recall includes products labeled "ground chuck" and "certified angus beef ground round 85% lean," with sell-by dates from July 15 through Aug. 5, 2007, the company said Tuesday.

The contaminated beef came from suppliers and was not directly related to store operations, Fresh Brands officials said. Tests found none of the problem bacteria, E. coli O157 H7, in later sampling of the ground beef products from two Wisconsin stores, the company said.

Consumers were advised to check their freezers for any of the recalled products, which can be returned to Piggly Wiggly for a refund. Anyone who ate the products and became ill was advised to consult a physician or contact the local health department.

According to a press released sent by Dole this evening, this product was sold in Ontario, Quebec and the Maritime Provinces in Canada and in Illinois, Indiana, Maine, Michigan, Mississippi, New York, Ohio, Pennsylvania, Tennessee and neighboring states in the U.S,  - whatever that means.  Here is a report from the Associated Press of a few days ago:

A year after the E. coli outbreak, Ag industry chastened and changed

Well, I made it back from China this morning only to find the following alert in my email:

OTTAWA, September 16, 2007 - The Canadian Food Inspection Agency (CFIA) is warning the public not to consume Dole brand Hearts  Delight lettuce salad (Ready to eat blend of romaine, green leaf & butter lettuce hearts) described below because this product may be contaminated with E. coli O157:H7 bacteria.

The affected product, Dole brand Hearts Delight lettuce salad (Ready to eat blend of romaine, green leaf & butter lettuce hearts), produce of USA, is sold in 227 g packages bearing BIUB (Best If Used By) date 07SE19 and lot code A24924B. This product may have been distributed nationally.
There have been no reported illnesses associated with the consumption of this product.

Food contaminated with E. coli O157:H7 may not look or smell spoiled. Consumption of food contaminated with this bacteria may cause serious and potentially life-threatening illnesses. Symptoms include severe abdominal pain and bloody diarrhea. Some people may have seizures or strokes and some may need blood transfusions and kidney dialysis. Others may live with permanent kidney damage. In severe cases of illness, people may die.

The CFIA is working with the importers to have the affected product removed from the marketplace. The CFIA will be monitoring the effectiveness of the recall.

And we thought China had a food safety issue.

The China International Food Safety and Quality Conference started off today in Beijing with a panel discussion from members of the Party, IAFP, WHO and the US Embassy.  It was followed by opening remarks by Robert Brackett of the FDA, Frank Yiannas of Disney and yours truly:



I also was able to have lunch with several delegates from the China Food Safety Authority.



All in all, I am glad that we sponsored the event.

I am leaving for Beijing in a few hours, but had the time to try and keep the US Meat Industry honest.

Meat company hit with E. coli lawsuit

A lawsuit was filed Monday against Interstate Meats Inc. in Clackamas, whose ground beef products were identified as the source of an E. coli outbreak in Washington, Oregon and Idaho.  The lawsuit was filed in Federal District Court for the Western District of Washington by Marler Clark on behalf of Brian Leamon, a 21-year-old King County resident who became ill with an E. coli O157:H7 infection and was hospitalized for three days after eating Interstate Meats ground beef.  The lawsuit is the first filed by Marler Clark in connection with the outbreak, although the firm represents several other victims of the outbreak. The firm said more lawsuits could follow.  At least nine people -- two from Oregon, six from Washington and one from Idaho -- became ill during the outbreak in July and August.  As a result of the outbreak, Interstate Meats recalled approximately 41,300 pounds of ground beef products for potential E. coli contamination, Marler Clark said.  The ground beef products were produced between July 19 and July 30, 2007, and had been distributed in retail stores in Alaska, Idaho, Oregon and Washington.

Or, the Meat Industry believes that it is the consumer's responsibility to get cow shit out of its product.  Seriously, can you think of one consumer product that the manufacturer expects you to fix it, AFTER they make it, and BEFORE you use it.

I just read an article in "Cattle Networks" about industry irresponsibility and consumer responsibility.  Please read the whole article by clicking on the below photo:

Consumers may take for granted the safety of their beef supply and, therefore, may think it will remain safe until preparation.

- Think how often you see advertising for eating meat and how often you see advertising explaining the dangers of bacterial or viral contamination – right, never

- First, let make this very clear, what the meat industry is trying to say is that it is OK to have cow shit in your meat and you should buy a lot, but just handle it like it is radioactive and may kill you or your children.

Not everyone lives right next to a grocery store, so it is anticipated that beef products will undergo a period of time when storage temperature will be inadequate. Beef can become contaminated with pathogens if it reaches temperatures that support pathogenic growth.

- Does the beef industry really expect consumers to all own refrigerated trunks or carry coolers to the store to handle the toxic substance?

- Again, get the cow shit out of our hamburger and perfect storing temperature, important yes, but less life threatening.

A common place for cross contamination to occur is in the grocery bag. Juices from raw meat products can drip onto other food items.

- I’m sorry; this is the consumer’s responsibility?

Raw meat products stored in the refrigerator can drip onto other food items if not wrapped and stored in the meat compartment of the refrigerator.

- Come on - get the poop out. As the folks at www.donteatpoop.com say – “Don’t Eat Poop."

Although cross contamination of raw meat products can be a problem, most instances can readily be solved with adequate cooking temperatures. Different beef retail cuts have different methods and ways in which they can be prepared. Regardless of retail cut, cooking ground hamburger patties, steaks, or roasts to an internal temperature of 160° F is a sufficient temperature. The majority of consumers who prepare meat at home rely on visual cues to evaluate doneness. This can be deceiving when using a cooking method such as grilling. Grilling can cause beef to turn brown very fast on the outside, which may lead a consumer to think that the proper cooking temperature has been reached. Because color cannot accurately determine temperature, it is not safe to use the color of beef as an indicator of safety. The only way to ensure that an internal temperature of 160° F has been reached is to use a thermometer.

- OK, honestly, who has a thermometer and who uses it?

Since 2002, the number of meat recalls and E. coli outbreaks connected to ground beef had been steadily declining, and our focus shifted from contamination in meat processing facilities to spinach and lettuce fields—until now. Since January, over 6.5 million pounds of meat have been recalled this year for potential E. coli contamination.  Some interesting real facts:

-  In April, Richwood Meat Co. of Merced, California, recalled 107,900 pounds of frozen ground beef products, and HFX of South Claysburg, Pennsylvania, recalled 4,900 pounds of meat products. Both companies’ products had been linked to E. coli outbreaks.

-  In May, PM Beef Holdings of Windom, Minnesota, recalled 117,500 pounds of beef trim products, and Davis Creek Meats and Seafood of Kalamazoo, Michigan, recalled 129,000 pounds of beef products after their products were linked to E. coli outbreaks.

-  In June, the Meat Market of Fresno, California, recalled tri-tip and United Food Group of Vernon, California, recalled 5.7 million pounds of ground beef when the products were identified as the source of E. coli outbreaks, and Tyson Fresh Meats of Sherman, Texas, recalled 440,000 pounds of ground beef for possible E. coli contamination.

-  In July, Custom Pack of Hastings, Neb. recalled 5,920 pounds of ground beef and buffalo products due to potential E. coli contamination after illness was linked to consumption of the company’s products.

-  In August, Interstate Meats issued its ground beef recall after nine became ill with E. coli infections.

-  So far in September, Fairbank Farms of Ashville, N.Y., voluntarily recalled 884 pounds of ground beef products because they may be contaminated with E. coli O157:H7, the U.S.

So, meat industry - get the poop out.  And, consumers, do not eat the industry's shit.

Janie Gabbett of Meatingplace.com wrote an interesting article about the increase in the number of E. coli O157:H7 cases and USDA’s and FSIS’s response.

USDA's Food Safety and Inspection Service is increasing follow-up sampling and food safety assessments at ground beef production plants after a spike in E. coli O157:H7 recalls during June and July, according to Kenneth Petersen, FSIS assistant administrator to the Office of Field Operations.

"In July and August, to determine if [the spike] was random, we doubled our E. coli samples from 1,000 a month to 2,000 a month," Petersen told Meatingplace.com in an interview. He said that data is now being reviewed and analyzed.

Routine inspections have turned up 16 positives, as of July 31, for E. coli compared to 20 positives during all of 2006. Boosting follow-up testing

The agency will also be increasing its follow-up efforts when a plant tests positive for E. coli. For plants that grind more than 1,000 pounds of beef per day, a positive sample will trigger 16 follow-up samples (one to two per week), plus a food-safety assessment of the facility's entire food-safety system. Eight follow-up samples will be taken at plants that grind less than 1,000 pounds per day.

"In the past, we haven't done that routinely. Now we will. If you get a positive, you can expect I'll be scheduling a food-safety assessment and intensified testing," Petersen said. The agency is also starting to take a closer look at blade or mechanically tenderized steaks and roasts that are needle-tenderized.

"Our main interest is in needle-injected tenderizing, as it can introduce E. coli," he said, adding the agency is in the process of considering how to best verify these processes.

Looking for listeria below:

Continuing the "Food Safety World Tour," I have been back in Seattle from Australia for a few days and soon will be off to China, via Seoul and Hong Kong.  Jane Genova, “ubberblogger” and I spoke the other day about my upcoming (this Saturday) trip to China, as Jane aptly puts it:

The "China Problem" might be summed up as the gap between how Chinese manufacturers and the U.S. tort system define and deal with product liability. The part of this which concerns plaintiff attorney Bill Marler is food. That's why he is the chief sponsor of a food safety conference in Beijing, September 12-13. The focus will be the legal costs of foodborne illness, with the lion's share an explanation on the U.S. concept of strict product liability.

As I said to here:  "I think it is important that one of our largest trading partners has a better understanding of how our tort system operates," Marler told this blog in an exclusive interview. "If China wants to sell food products in the United States, it will necessarily need to take into account that it may be sued for sickening consumers."



Jane posts to the blog – Law and More – Deconstructing what happens in Law.

States with Outbreak-Associated Cases of Salmonella

CDC is collaborating with public health officials in Pennsylvania and other state health departments and the US Food and Drug Administration to investigate a multi-state outbreak of Salmonella serotype Schwarzengrund infections in humans. These human illnesses have been linked with dry pet food produced by Mars Petcare US at a single manufacturing facility in Pennsylvania. People who think they might have become ill after contact with dry pet food or with an animal that has eaten dry pet food should consult their health-care providers.

As of September 4, 2007, 62 persons infected with the same strain of Salmonella Schwarzengrund have been reported to CDC from 18 states: Pennsylvania (26 cases), New York (8 cases), Ohio (6 cases), Massachusetts (5 cases), Maine (2 cases), North Dakota (2 cases), Virginia (2 cases), Alabama (1 case), California (1 case), Delaware (1 case), Illinois (1 case), Kentucky (1 case), Maryland (1 case), Michigan (1 case), Minnesota (1 case), New Jersey (1 case), North Carolina (1 case), and Wisconsin (1 case). Of the ill persons for whom an age is available, 39% were one year of age or younger. Of ill persons for whom clinical information is available, 32% developed bloody diarrhea and 10 (25%) were hospitalized. No deaths have been reported.

Several weeks ago we filed a Complaint on behalf of little Sydney and Cole Scheels who became ill with culture-positive Salmonella and were tied specifically to the Veggie Booty Salmonella outbreak.  A few days ago we received the defendant Robert's American Gourmet Food Inc.'s response (it's Answer) to poisoning my clients (and presumably all the other customers sickened).  It's Answer was in fact a blanket denial of everything (much different than the public apologies).  Most interesting were the "Affirmative Defenses."  Some of the more amusing are here:

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

If, in fact, plaintiffs sustained injuries or damages as alleged in the Verified Complaint, which damages and injuries are hereby expressly denied, said injuries and damages occurred as a result of the plaintiffs’ own culpable conduct.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

If, in fact, plaintiffs sustained damages as alleged in the Verified Complaint, such damages were caused, in whole or in part, by the comparative negligence of the plaintiffs and such damages, which are hereby denied, should be diminished and reduced in the proportion to which the comparative negligence attributable to the plaintiffs bear up on the culpability, if any, of all parties.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

That in the event that any judgment or verdict is rendered in favor of the plaintiffs, this answering defendant is entitled to have such judgment or verdict reduced by the amount of any collateral payments made to the plaintiffs for expenses and by the amount of all such payments plaintiffs will receive in the future.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE

Plaintiffs’ recovery should be barred or reduced by virtue of the adult plaintiffs’ having knowingly, voluntarily and unreasonably assumed the risk of physical injury to the infant-plaintiff by not seeking immediate and/or proper medical attention.

AS AND FOR A NINTH AFFIRMATIVE DEFENSE

At all times relevant herein, this defendant exercised reasonable care, acted in accordance with or exceeded all applicable Municipal, City, State and Federal statutory, regulatory and common law requirements, regulations, codes and standards.

AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE

The incident, the injuries, and the damages complained of were caused by the unauthorized, unintended, improper and/or negligent use or abuse of the product and plaintiffs’ failure to exercise reasonable and ordinary care, caution or vigilance.

AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE

Defendants made no warranties to plaintiffs.

AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE

To the extent warranties apply, defendant breached no warranties.

AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE

To the extent the warranties apply, the incident and all injuries and damages complained of occurred after all applicable warranties expired.

AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE

The product complained of was designed and manufactured in compliance with all applicable design and manufacturing specifications.

AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE

Plaintiffs’ damages were the result of a preexisting condition and are unrelated to any conduct of defendants.

AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE

Plaintiffs’ alleged damages are the result of idiosyncratic conditions and are unrelated to any conduct of this answering defendant.

AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE

Plaintiffs’ knowingly and voluntarily assumed all risks associated with the activities in which they were engaged.

AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE

Plaintiffs’ failed to mitigate their damages.

AS FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE

Plaintiffs’ claims are barred by the applicable doctrines of Laches, unclean hands, waiver and estoppel.

AS FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE

Plaintiffs’ injuries, symptoms or problems, if any, are the result of genetic, environmental and/or sociological factors over which defendant had no control and had no duty to control.

AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE

The product was substantially altered, modified and/or changed, after it left the control of the defendants.

Sometimes a Corporation and its lawyers have no shame at all.

According to the Whidbey News-TIMES, Two Island County residents were among those sickened by an outbreak of E. coli in ground beef. As of today six people in Washington, two people in Oregon and one in Idaho fell ill due to E. coli in late July and the first week of August. The Washington E. coli cases included one child and five adults in King, Island and Clallam counties. Two people were hospitalized.

Interestingly, according to the Portland Oregonian, Interstate Meat Distributors Inc., the Clackamas meat grinder tied this week to the E. coli outbreak, also distributed ground beef from a dairy cow later discovered to have mad-cow disease. The privately held company had to buy back a quarter-million pounds of ground beef and temporarily laid off about one-third of its workers.

Alex Pulaski interviewed my nemesis, Dave Ernst, and myself on Friday:

Meat grinder will rely on reputation

Two Northwest authorities on foodborne illness said this week that businesses trying to recover from an outbreak can use honesty above all to recover quickly. Attorneys David Ernst of Portland and Bill Marler of Seattle frequently find themselves on opposite sides of food-related lawsuits, Ernst representing companies that Marler is suing on behalf of consumers.

"First, you must have absolute candor and transparency," Ernst said. "The public is willing to stick with your brand, but if people aren't being forthright, then that's a real problem.

"What I've seen is you give the facts that you know, and as things change you let customers and the public know what's different and what you've learned."

Marler said companies should own up to mistakes and trust the public to forgive them.

"The best thing in my view is to simply say, 'We're really sorry our products sickened people. . . . It's our product and we need to be responsible,' " he said. "I think that's what the public expects."

Hell of a reputation.

Kroger Recalls E. coli Potato Salad

In case you picked up potato salad for your holiday picnic, you better check the label. Kroger says its recalling its store brand Southern Style and Mustard potato salad because it may be tainted with E coli bacteria.  That is after recalls of E. coli tainted hamburger and salmonella tainted spinach earlier this week.