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Another Salmonella-Tainted Pot Pie Lawsuit Filed

Posted by Salmonella Attorney on November 29, 2007

Standing in the New Orleans Airport yesterday afternoon, I had a nice chat with Mark Morey of the Yakima Herald about the status of the ConAgra Salmonella Peanut Butter litigation (CDC confirms 714 Illnesses) as well as the filing of yet another suit against ConAgra for manufacturing Salmonella Pot Pies (CDC confirms 272 Illnesses – 27 in Washington State). His article appeared this morning in the Yakima Herald - Woman sues over tainted pies:

Bill Marler, a Seattle attorney who focuses on food safety cases, said Barnes' case is among 40 that he is handling related to the ConAgra outbreak, which federal health investigators say sickened about 270 people in the United States…. ConAgra said it has improved safety measures, but Marler said Barnes and other victims deserve compensation for their medical treatment…. Marler said the company has not offered a settlement yet, although he is discussing that possibility as part of other litigation involving tainted ConAgra peanut butter.

Peanut Butter and the Ninth Ward

Posted by Bill Marler on November 28, 2007

Well, I can’t say we made much progress with ConAgra in trying to find a path towards resolving customer illnesses from ingesting Salmonella-tainted Peanut Butter. What both sides are still trying to figure out is less what the value of a Salmonella cases is (just ask me, after settling over 2,500 in the last few years, I know what juries and insurance companies will pay), but what is in fact a case. We know that in this outbreak the CDC “officially” counts 714 people as ill, but it also statistically projects nearly 27,561 people total as likely ill from consuming Peter Pan or Great Value peanut butter. Of course, we also know that there are Salmonella cases from 2005 and early 2006 linked to ConAgra Peanut Butter that have not yet been “officially” counted by the FDA or CDC. The question is how do you figure out who was actually ill from eating poisoned peanut butter from the people who consumed nearly 180,000,000 jars of the stuff during the recall period (October 2004 to February 2007)? Well, that is why we have the jury system to resolve disputes like that - more on that in the years to come.

I decided to stay a bit in New Orleans and walked through the French Quarter - an amazing place, and a place unlike any city in the United States. Sitting in a sidewalk café in 80 degree weather while sipping a beer, eating gumbo and listening to Jazz is not so bad. I did drive out to the 9th Ward – one of the areas hit the hardest during Katrina – to see for myself, what if any, progress has been made in the rebuilding of that once vibrant neighborhood. Honestly, other than some hardworking pioneers rebuilding their own homes and various church groups and Habitat for Humanity helping, nothing, nothing exists. Most blocks are vacant – filled with overgrown plants, or houses like this one that beg, "DO NOT DEMO." It is sad. It is Embarrassing. Where is the help we promised?

Rochester Minnesota Quiznos Salmonella Outbreak Tied to Tomatoes

Posted by Salmonella Attorney on November 28, 2007

On the same day it was announce that I settled the last of the Salmonella suits against Sheetz, the Post-Bulletin of Rochester reported that “Quizno's outbreak came from outside source.” The common denominator was Tomatoes.

A foodborne illness outbreak at Quizno's Subs, 3499 22nd Ave. N.W. in Rochester, wasn't the restaurant's fault. Larry Edmonson, an epidemiologist with Olmsted County Public Health, said studies showed that tomatoes delivered to the store were contaminated before they even got to the restaurant. Salmonella made more than 20 Quizno's customers and employees sick in October. The store closed for one day, hired a cleaning company to sterilze equipment and reopened.

In 1990, a reported 174 Salmonella javiana illnesses, as part of a four state outbreak, were linked to raw tomatoes. In 1993, 84 reported cases of Salmonella Montevideo were part of a three state outbreak that was linked to raw tomatoes. In January 1999, Salmonella Baildon was recovered from 86 infected persons in eight states. In July 2002, an outbreak of Salmonella javiana occurred associated with attendance at the 2002 U.S. Transplant Games held in Orlando, Florida during late June of that year. Ultimately, the outbreak investigation identified 141 ill persons in 32 states who attended the games.

During August and September 2002, a Salmonella Newport outbreak affected the East Coast. Ultimately, over 404 confirmed cases were identified, in over 22 states. Epidemiological analysis indicated that tomatoes were the most likely vehicle, and were traced back to the same tomato packing facility in the mid-Atlantic region.

In early July 2004, as many as 564 confirmed cases of salmonellosis associated with consumption of contaminated tomatoes purchased at Sheetz Convenience Store were reported in five states, Pennsylvania, Maryland, Ohio, West Virginia, and Virginia. Seventy percent were associated with tomatoes in food prepared at Sheetz convenience stores.

In 2006 two outbreaks of Salmonella-tainted tomatoes where reported by the FDA. According to Ms. Murphy, the Food & Drug Administration is now investigating two tomato-related outbreaks, with the latest blamed for nearly 100 illnesses in 19 states. FDA was already tracing tomatoes involved in another outbreak involving 183 people in 21 states. Federal authorities said that fresh tomatoes contaminated with Salmonella typhimurium served in restaurants were the likely cause of that outbreak.

Dole Settles more Spinach E. coli Cases

Posted by E. coli Lawyer on November 27, 2007

I am still in New Orleans. I must admit, I expected a bit more devastation here in the downtown area from Katrina, but things looked great – especially in the French Quarter. We made some slow progress in talking to ConAgra, its lawyers and insurers about the status of the Peanut Butter cases. Hopefully, at some point ConAgra can put the interests of its customers at the front of any discussions. During one of the breaks today, I took a call from Dinesh Ramde, AP Business Writer of Milwaukee:

More than a year after their two children were severely sickened by E. coli, a southeastern Wisconsin couple has settled their federal lawsuit with four spinach companies. Details of the settlement were secret, but in court documents filed in 2006, lawyers for the family asked for more than $75,000 plus court costs.

A family lawyer said Tuesday that parents Neil and Anne Grintjes of the Milwaukee suburb of Brookfield are just glad the matter is resolved. "They're happy to put it behind them, and the companies are happy to put it behind them as well," said William Marler, an attorney at Marler Clark in Seattle. "The Grintjes are pleased at the result."

Of the 204 people sickened by the tainted greens, Marler said about 100 have brought a lawsuit. His firm is handling 83 cases and has resolved 51 within the past few months.

We have more work to do on Spinach, and other leafy greens, but then again, think about all the other food items that are causing all of us and our families so much grief - Peanut Butter, Pot Pies, Hamburger, etc. Makes you wonder what you can or can not eat. We have much to do to make food corporations be responsible.

Tainted tomato lawsuit settled

Posted by Salmonella Attorney on November 27, 2007

As reported by the Altonna Mirror today, a key lawsuit in the Sheetz Inc. bad tomato case has been settled out-of-court, according to an order issued by Blair County President Judge Jolene G. Kopriva. Altoona resident Max Christian Anslinger filed a lawsuit against the convenience store chain after he became sick on what he claimed were tainted tomatoes in food he purchased at the Beale Avenue store in July 2004. As it turned out, hundreds of customers in several states complained about the Roma tomatoes Altoona-based Sheetz received primarily from Coronet Foods of Wheeling, West Virgina.
AP reported - Key Sheetz salmonella case settled for undisclosed sum

As I told the reporter, Joe Mandak, "the settlement terms are confidential, according to Sheetz attorney Gary Zimmerman and Marler, who represented more than 130 of the sickened customers." I do believe that Sheetz, its lawyers and insurers stepped up an took care of its customers:

"In 15 years of doing these food cases, I thought the way Sheetz handled taking care of the clients was better, frankly, than any other company I've ever dealt with," Marler said. "Not that they paid more money, but they stepped up quickly and took care of their customers."

Off to New Orleans - The "Big Easy"

Posted by Bill Marler on November 25, 2007

I am sitting at home not wanting to head to the airport for a trip to New Orleans (it is Thanksgiving weekend anyway) to meet with lawyers and insurers from ConAgra (sounds fun?). I must admit that I am skeptical of the meeting given that to date ConAgra has resolved no claims of any significance However, there seems to be some recent interest in resolving the thousands of legitimate customer claims. Given that ConAgra is facing legal defense bills of seven figures each month, has incurred some $50-60 million in recall cost - and who knows how much in lost sales - and now faces more of the same in Pot Pies, perhaps it will get serious and take care of its customers.

As you know, on June 1, 2007, the CDC reported that a total of 628 persons had been infected with Salmonella Tennessee in 47 states since August 1, 2006. That number has now risen in excess of 714. However, remember that according to AC Voetsch, “FoodNet estimate of the burden of illness caused by nontyphoidal Salmonella infections in the United States,” Clinical Infectious Diseases 2004;38 (Suppl 3):S127-34, 714 ill people is an undercount by 38.6 times - That is an actual total of 27,560 people sickened by ConAgra's Peanut Butter.

In addition, the outbreak strain of Salmonella Tennessee has been isolated from several opened and unopened jars of ConAgra produced Peter Pan and Great Value peanut butter and from two environmental samples obtained from the Sylvester, Georgia ConAgra plant. Rumor also has it that State and Federal labs have tested in excess of 100 jars of peanut butter from Salmonella Tennessee infected persons (stool culture positive) and that dozens of jars have tested positive for Salmonella Tennessee. We have tested nearly 1000 jars of peanut butter from clients (Salmonella Tennessee stool culture positive and not), and to date six have tested positive. Several of our positive peanut butter tests, and culture positive clients, have the lid codes with 21116251 on the top (means it was produced by the Sylvester ConAgra plant on September 22, 2006). We believe that the CDC has similar information, but it has not fully responded to our FOIA to date. States' responses have also been slow, but are coming in.

So, wish me luck (or a bit of magic) on the flight. More importantly, however, wish ConAgra the wisdom to understand that its future success is tied to taking care of its poisoned customers and in making a serious commitment to food safety. ConAgra needs to remember that it is no "Big" deal, in fact it is "Easy," to do the right thing. If taking care of customers is too hard, ConAgra also needs to remember the FDA inspection of 2005:

".... alleging poor sanitation, poor facilities maintenance, and poor quality program management. Specifics in that complaint include an alleged episode of positive findings of Salmonella in peanut butter in October of 2004 that was related to new equipment and that the firm didn’t react to, insects in some equipment, water leaking onto product, & inability to track some product.... reporting several issues at the firm that in summary allege poor sanitation practices, poor quality program management and poor facilities maintenance."

American Foods Group Recalls Ground Beef Products due to E. Coli O157:H7 Contamination and Illnesses in Illinois

Posted by E. coli Attorney on November 24, 2007

"We believe in caring for our customers and caring for our employees. That will not change."
Tom Rosen, Co-Chairman of American Foods Group, LLC

Oh, Really? I guess lightning can strike more than once in the same spot!

American Foods Group, LLC (AFG), a Green Bay, Wisconsin firm, is recalling approximately 95,927 pounds of various coarse and fine ground beef products because they are contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. The ground beef products subject to recall were produced on Oct. 10, 2007, and were distributed to retail establishments and distributors in Indiana, Kentucky, Maryland, Ohio, Tennessee, Wisconsin and Virginia. The problem was discovered through an investigation into two illnesses that was initiated by the Illinois Department of Public Health. That is how the USDA figures out outbreaks - send the contaminated meat into the market place and see if people get sick - the American pubic, canaries in the coal mine. I wonder if AFG did any "test and hold?"

The FSIS web site also reflects that American Foods Group (AFG) is a processing establishment, and does not slaughter. The web site also shows that the establishment is part of a conglomerate which also owns Green Bay Dressed Beef, which has more than one establishment, one of which is Est # 410 in Green Bay, which does slaughter. Green Bay Dressed Beef had a Mad Cow scare in August 2005.

Unfortunately for AFG's customers this was not an isolated occurrence. We have seen this all before. In December 2000, the Minnesota Department of Health (MDH) issued a press release stating that 17 Minnesota citizens had been infected with the same strain of the E. coli O157:H7 bacteria during November 2000. On December 4, FSIS, stated in a Class I alert that Green Bay Dressed Beef, the meat supplier doing business as AFG, was, at the suggestion of the FSIS, recalling 1.1 million pounds of contaminated ground beef. One of the young children we represented developed Hemolytic Uremic Syndrome (HUS).

Also, In December 1998, another recall was issued for 1,000 pounds of beef manufactured by AFG and distributed to Cub Foods stores in the Chicago, Illinois area after random testing showed that meat in one of the stores was contaminated with E. coli O157:H7. Again, in December 1999, a recall of ground beef was made after government inspectors found contamination at the AFG plant. Yet another recall, this time for over 500,000 pounds of ground beef manufactured by AFG, occurred in August 2001. In that outbreak we represented five people.

Jennifer Smith Richards of the Columbus Dispatch weighed in on the recent AFG recall in an article “More beef might be tainted, states told.” AFG's shocking indifference is concerning:

"It's something that, unfortunately, happens with a raw product like ground beef," said Jim Mulhern, a spokesman for American Foods Group. "It's not 100 percent preventable.... One of the problems with these recalls is American Foods Group doesn't know where it was eventually sold," Mulhern said.

One more "beef" of mine - It is an agreement between USDA and industry — USDA will not disclose the names of slaughter houses without a positive test “above the grinder” - which is why there is no mention of where the meat came from that was ground by AFG in this latest recall. Also, on the "downside" of the grinder - on the retail side - there is also an agreement between USDA and industry to not disclose “proprietary information” - which includes where the contaminated meat was sold. Health Departments have to sign a Memorandum of Understanding (MOU) to not disclose that information to the public in order to get the information from USDA. Welcome to my world — ever read Kafka? I put some of my thought on this recall out in a press release.

The following products are subject to this most recent recall:

Egg Safety - Pasteurization

Posted by Food Poisoning Attorney on November 24, 2007

The FDA Today Reminds Consumers to Practice Egg Safety This Holiday Season

The U.S. Food and Drug Administration (FDA) reminds consumers to pay special attention to the handling of eggs and preparation of foods that contain eggs during this holiday season. Some holiday favorites, such as cookie dough, homemade eggnog, and some types of stuffing, may contain eggs that are raw or undercooked. Eggs sometimes contain a bacteria called Salmonella enteriditis (SE), which can cause illness if eggs are not handled and cooked properly. An FDA national survey of consumer food safety practices, the 2006 FDA/FSIS Food Safety Survey, found that cookie dough is one of the major sources of raw egg in the American diet, and that only three percent of respondents always use a food thermometer when they cook baked egg dishes such as stuffing.

However, just a few weeks ago it was announced that National Pasteurized Eggs' Sales are Up 46 Percent Over Last Year & Numbers Expected to Soar as Holiday Season Approaches.

National Pasteurized Eggs, Inc. (NPE), producers of Davidson's Safest Choice Pasteurized Shell Eggs, announced today that sales in the quarter ending Sept. 30, 2007, increased 46 percent over 2006, led by sales from hotels and resorts across the country. By using pasteurized shell eggs, hoteliers eliminate the risk of Salmonella Enteritidis (SE) poisoning, either by serving individual eggs directly to guests or via cross contamination in the kitchen. The Federal Drug Administration (FDA) estimates 2.3 million eggs contaminated with SE are sold each year, exposing a large number of people to risk of illness. According to the Centers for Disease Control and Prevention (CDC), each year more than 118,000 egg-related salmonella cases are confirmed, and many more go underreported or misdiagnosed. The FDA's Food Code recommends using pasteurized eggs in all dishes calling for raw or softly cooked eggs.

So, why are more eggs not pasteurized?

Topps - Lessons America Forgot from Upton Sinclair's "Jungle"

Posted by Bill Marler on November 24, 2007

In October Topps Meat Company, founded in 1940, went out of business. That was after Topps had recalled nearly 22 million pounds of frozen hamburger contaminated with E. coli and 40 people across the U.S. had become ill.

Tort deformers decried the “tragedy” that is this Topps’ collapse - that a business went under and employees had lost their jobs. Yes, a company bankrupt and unemployment are tragic. What makes it more so is that the catastrophic breakdown in the food-safety chain at Topps could have and should have been prevented by Topps management.

It’s been a century since Utpon Sinclair published the “Jungle," which exposed the contaminated underbelly of the American meat industry. Reform quickly followed. America got the Pure Food and Drug and Meat Inspection Acts. In the early 1990s, when these safeguards failed – e.g. Jack in the Box E. coli outbreak – again there was a public push for improving food safety.

The U.S.D.A. Food and Inspection Service responded with creating and aggressively enforcing the mandatory Risk Management System. Derived from research and operations in the American space program, this approach [HACCP] prevented new outbreaks by establishing check-points at every phase of meat processing. In addition, the agency classified the presence of E. coli O157:H7 as an adulterant under the Meat Inspection Act. Until recently, the meat contamination problem seemed fixed.

Had Topps complied with the letter and spirit of HACCP, it would not have processed contaminated meat in 2005 and again in 2007. So, why hadn’t Topps done what was the right thing to do for it and its now unemployed? We will be researching that question for years.

My theory is that Topps’ leadership might have chosen to take short-cuts on systemic food-safety procedures. Therefore, contamination which should have been detected early in meat processing wasn’t. The result wasn’t pretty: Food-poisoned consumers went through the agony that E. coli inflicts. They had incorrectly trusted that label “Inspected by the U.S.D.A.” as guaranteeing safety.

Over a century, two waves of reform in ensuring the safety of the American food supply chain have given business a total systems approach. That approach works if management follows the rules. Unfortunately, employees at Topps who lost their means of making a living were among those punished - severely.

Will other businesses be able to learn that century-old lesson: Inattention to proper food processing will be the kiss of death for their brandname, profitability and, yes, very existence.

Food Porn, Food Fight and the Quest for Food Safety - Is Irradiation the Silver Bullet?

Posted by Food Poisoning Lawyer on November 23, 2007

Last week Lenny Russo, a St. Paul chef and restaurateur (my guess is that food porn would apply here - "Lenny Russo is passionately dedicated to Midwestern cuisine") posted the following Op-ed: Tainted food calls for changes in farm practices for contamination - To fight E. coli contamination, start by looking at the environment of animals.

Chef Lenny’s solution to the nearly 30,000,000 pounds of E. coli-contaminated meat recalled in 2007, and the hundreds sickened, is to feed cows grass and have them live in more healthful environments. His feelings on irradiation of meat - “It is somewhat akin to the cigarette smoker who would rather wait to develop cancer and then undergo treatment for it rather than just quit smoking.” Come on Chef Lenny - Really?

Michael Osterholm’s clubbed (Food Fight!) Chef Lenny in his Op-ed in today’s paper - E. coli is simply the enemy; we should treat it as nothing less - Irradiation is the only way we can confidently say the meat we eat is safe.

Dr. Osterholm makes the solid points – “While maintaining good agricultural practices is important for animal health and environmental reasons, no credible research has identified a magic wand that a farmer can use to significantly lower the E. coli in our meat supply. And there is never a justification for failing to meet the highest sanitation standards possible in our meat processing plants. But we must realize that there is simply no way to ensure that microscopic contamination of feces on the carcass doesn't happen when the animal is disemboweled.”

So, what are the facts?

Irradiating food can make it safer by killing disease-causing bacteria, but most shoppers still shy away from these products. However, experts in 2004 made the case for irradiated foods in The New England Journal of Medicine. Linda Greene, testing director for Food & Sensory Sciences at the Yonkers, N.Y.-based Consumers Union, the publisher of Consumer Reports, summarizes what you need to know about this process.

What does irradiating meat do? - Bombarding meat with high-frequency energy inactivates the DNA of any illness-causing microorganisms that may be present. As a result, they can't reproduce and make you sick. So, exactly what is Irradiation?

Does the meat become radioactive? - No, it does not.

To be safe, do I need to buy irradiated meat? - Choosing irradiated meat reduces but does not eliminate the risk of food-borne illness.

Does irradiated meat taste different? - When presented with pairs of food, our trained tasters were able to detect the irradiated beef or chicken 66 of 72 times because it had a very slight "off" taste. But the average consumer may not notice the difference.

So, here in my view is what is really important. In a CIDRAP article - Food Irradiation - An Underused Boon to Food Safety

An estimated 76 million cases of foodborne illnesses are recorded each year, resulting in more than 325,000 hospitalizations, and 5,000 deaths. About 73,000 people, many children, get E. coli infection every year and 61 die from it. About 5 to 10 percent of school-age children infected with E. coli develop hemolytic uremic syndrome (HUS), the principal cause of kidney failure in children. E. coli infection is often linked to undercooked ground beef. Here is the kicker:

When ground beef is irradiated, at least 99.99 percent of E. coli and other harmful foodborne bacteria are killed.

Nearly every major science and health agency supports the consumption of irradiated food. These include the World Health Organization, the Centers for Disease Control and Prevention (CDC), the American Medical Association, and the American Dietetic Association. More than 40 years of research on food irradiation has repeatedly shown it to be safe.

The CDC estimates that if just 50 percent of the meat and poultry consumed in the United States were irradiated, the number of foodborne illnesses would be reduced annually by 900,000 and deaths by 352.

More support for irradiation of meat can be found at the Journal of Infectious Diseases - Irradiation Pasteurization of Solid Foods: Taking Food Safety to the Next Level. And at the CIDRAP website on Irradiation.

Those facts aside, my friend Wenonah Hauter, Director, Public Citizen’s Critical Mass Energy and Environment Program weighed in - New England Journal of Medicine Article on Food Irradiation Ignores Scientific Uncertainty

She calls irradiation “this controversial food technology uses ionizing radiation to kill bacteria and extend shelf life.” Her concerns seem to stem from “the lack of conclusive evidence that irradiated food can be consumed without long-term detrimental health effects….” And, that “Osterholm’s glowing endorsement of irradiation should not be considered without a note about his sources of funding. Two of the three major irradiation companies, SureBeam and Ion Beam Applications, have financially supported his research center. And Donald Thayer, author of an accompanying pro-irradiation column, has financial ties to CFC Logistics, which runs an irradiation facility in Pennsylvania, and Zero Mountain, which once planned to build an irradiation facility.”

You know when a consumer group (that lives on controversy to feed donations) complains that a public servant is somehow tainted by research dollars, all complaints need to be questioned.

So where are we? Against irradiation – 1) some people do not like the taste, 2) might have harmful effects that we do not know about, and there is no research to suspect there is any. For irradiation – 1) lives can be saved now. I choose saving lives now. For more information on irradiation, see CIDRAP’s response to Public Citizen.

Topps files for bankruptcy after massive beef recall

Posted by E. coli Lawyer on November 23, 2007

Jeffrey Gold, AP's "E. coli guy," in New Jersey filed the story that had been rumored about for weeks about Topps Meat Company's Chapter 7 Bankruptcy. Topps has up to 10,000 creditors (including several of my clients) and liabilities of up to $100 million, according to its Chapter 7 filing in U.S. Bankruptcy Court in Newark. Interestingly, Topps put its assets in the same range.

As you recall, Topps closed its doors on October 5, six days after it issued the recall of 21.7 million pounds of frozen hamburger. In September, the USDA said three people were confirmed as getting E. coli from Topps products, with 22 other cases under investigation. According to the CDC, cases were found in Connecticut, Florida, Indiana, Maine, New Jersey, New York, Ohio and Pennsylvania. That number has grown to at least 40. We have filed two lawsuits on behave of victims (two develpoded HUS) in New York and are investigating the claims of 24 others. We filed a similar lawsuit against Topps in 2005 - bet they wished they would have listened then. In early December we will be visiting the now empty plant.

Interestingly, also listed as creditors are Tyson Foods Inc., of Chicago, and the U.S. Department of Agriculture's Food Safety and Inspection Service. Another creditor appears to be Topps executive vice president Anthony L. D'Urso, a member of the family that ran Topps for about 60 years until a controlling interest was purchased in 2003 by Strategic Investments & Holdings, a private-equity firm based in Buffalo, N.Y. That means that these and other creditors will compete with people injured by E. coli food poisoning - that is going to be an interesting fight over the corporate corpse.

Although, Topps has listed $12,000,000 in insurance to cover the claims of the victims of the E. coli outbreak, with at least 40 ill, and punitive damage claims, retail outlets (stores that sold the product) and the suppliers of the meat, are clearly going to be brought into the case once the bankruptcy stay has been lifted. I also really want to subpoena USDA/FSIS officials. The bottom line for us is that we intend to make sure our clients are fairly compensated AND we find out when both Topps and the USDA knew about the extent of the E. coli contamination and why the recall took weeks to occur.

I have also had a few email chats over the last 24 hours with Law Firm Blogger (who has a significant background following bankruptcy cases). I appreciate her insight and her post today, and her article today.

Have an Extra Helping of Cranberries Today

Posted by Food Poisoning Attorney on November 22, 2007

Cranberry Sauce May Be Healthy Treat

Compounds in cranberries may be able to protect against E. coli bacteria, -- which cause a number of human health problems, including gastroenteritis, kidney infections and tooth decay -- say researchers at Worcester Polytechnic Institute in Massachusetts. Among their findings:

Chemical changes caused by cranberry juice create an energy barrier that prevents bacteria from getting close to the urinary tract lining.

Cranberry juice causes compression of tiny tendrils on the surface of the type of E. coli that causes the most serious types of UTIs. Compression of these tendrils reduces the bacteria's ability to attach to the urinary tract lining.

E. coli grown in cranberry juice or in PACs can't form biofilms, which contain high concentrations of bacteria and are required for infections to develop.

So, today, have an extra helping of cranberries with your well-cooked turkey.

Symposium in Seattle

Posted by Bill Marler on November 22, 2007

Fellow Bloggers and Readers: I’m thinking about helping organize/sponsor a seminar at Seattle University School of Law here in Seattle in the Spring (less rain then) - April is most likely. Thoughts as to content and speakers would be most appreciated. Please feel free to pass this around to folks who are not avid readers of my blog (can't imagine that). Happy Thanksgiving – and, cook that turkey well.

Who’s Minding the Store: The Current State of Food Safety and How It Can Be Improved

Few subjects draw more immediate attention or concern than the safety of the food we eat. Recent years have included a plethora of food warnings and recalls, raising new questions about the quality and integrity of our existing system for assuring food safety. Seattle was the epicenter of the Jack in the Box E. coli outbreak that sickened 600 and killed four 15 years ago. In addition to explaining how our present system works, this program is intended to discuss how changing consumer preferences are affecting the development and distribution of food, examine whether Federal, state and industry oversight roles are changing, and discuss how the regulatory and judicial processes can be most efficiently balanced. Participants include national and local representatives of government, the food industry, consumer organizations and scientists.

Time Event/Topic - (Two or more days might be better?)

8:00 – 8:45 AM Sign-in and Continental Breakfast

8:45 – 9:00 AM Welcome and Overview

9:00 – 10:15 AM Session 1: Defining the Problem – How the concerns about food safety are viewed by physicians, disease experts, state regulators and consumers.

10:15 – 10:30 AM Refreshment Break

10:30 – Noon Session 2: How the Regulation of Food Safety Works / Imports and Home Grown – The roles and responsibilities as seen by Federal and state regulators, industry and consumers

Noon – 1:00 PM Luncheon and Speaker

1:15 – 2:15 PM Session 3: Zones of Responsibility – Grower/Producer; Seller; Government; Consumer

2:15 – 3:15 PM Session 4: Roles of the Civil/Criminal Justice Systems – Perspectives of plaintiffs, respondents, prosecutors?

3:15 – 3:30 PM Refreshment Break

3:30 – 4:30 PM Session 5: What Is the Best Way to Assure Food Safety? The contributions of media, science and public health monitoring

4:30 – 5:00 PM Closing Remarks

Speakers to be announced

Friends, Strangers Help Stephanie Smith With E. coli bills

Posted by Salmonella Lawyer on November 21, 2007

Maya Nishikawa of WCCO reported on the fundraiser for Stephanie Smith who has been on life support since eating a Sam’s Club (Cargill) hamburger in late September. Is it just me or does it simply not seem right that eating a hamburger can put you in a coma. I wonder how much money Sam’s Club and Cargill donated? That is right - not a damn thing. Shame on you Corporate America. Take a look at this picture and ask if this was your daughter, what would you do? The meat industry needs to wake up and get the cow %&#* out of our hamburger. I get to do a tour of the plant where this hamburger was made. It will be interesting to see how spotless they have made it before I show up.

Stephanie’s illness and the illnesses of the children and families I represent in recent hamburger related E. coli outbreaks (Cargill, Topps, Lunds and Byerlys, Fresno Meat Market, Interstate Meat and United Food Group to name a few) keeps me thinking of why does it seem we are seeing an increase in illnesses and recalls in 2007, or as I said the other day – “the uptick?” I found this article by Philip Brasher of the Des Moines Register from March 2000:

E. coli strain more common in cattle

About half the cattle at the nation's feedlots carry the deadly E. coli bacteria in summer, making it at least 10 times more common than previously thought, government research shows....The bacteria, which is most commonly found in ground beef, kills about 60 people each year and sickens an estimated 73,000 more, according to the Centers for Disease Control and Prevention....The occurrence of E. coli in feedlots drops to 1 percent during the winter, but scientists found that 83 percent of the cattle they studied had been exposed to the bacteria at some point. ...At least 18 percent of the cattle headed for slaughter at a dozen plants were carrying the bacteria. Two of the plants had no infected cattle, and the average rate for the 12 facilities was 3.56 percent.

I have not seen any more recent numbers to suggest much has changed. I did speak to Mr. Brasher about all of this a few days ago. It will be interesting to see what he digs up.

Perhaps we need another survey of "cattle on the hoof" like was done in 2000. Also, because USDA-FSIS fails to adequately survey and protect our nation's ground beef supply, perhaps we need a nationwide surveillance program to identify E. coli O157:H7 in ground beef at the retail level - before outbreaks occur. Can you imagine having labs across the country testing meat right out of grocery stores? Now, that might be interesting.

Off to do a ConAgra Pot Pie Inspection

Posted by Salmonella Lawyer on November 21, 2007

My friend Jerry’s quasi-news site – newsinferno.com – posted today some old news - "ConAgra Banquet Pot Pie Recall Plant to Undergo 90-Day Verification Period, USDA Says"

"Federal inspectors will be keeping an eye on the ConAgra plant that produced Salmonella tainted Banquet Pot [and others] Pies for at least the next three months. The Missouri plant, which reopened last week, had closed in October after the Banquet pot [and others] pies that were made there where implicated in a 35-state Salmonella outbreak [at least 272 ill]. The Salmonella outbreak forced ConAgra to recall the Banquet and store brand pot pies made at the Missouri plant."

We represent nearly 40 stool-culture positive victims and have secured a Court order to inspect the ConAgra plant the first week in December. It will be an interesting tour.

Totino's and Jeno's Pizza Put My Kids at Risk of E. coli!

Posted by Salmonella Lawyer on November 21, 2007

Jane Mundy, reporter for the online news-service Lawyers and Settlements talked to a mother in Los Angeles about the dangers of Totino’s and Jeno’s pizzas: "I have six kids and cannot risk their health on a product such as Totino's pizza and General Mills inability to inform the public of a recall in a timely manner. As a mother I have placed my children in danger every time I cooked a pizza for them and fed them this deadly bacteria, E. coli."

A week ago, my wife Julie, had to tell our local grocery to pull the same pizzas off the shelves. We, me, have been contacted by 20 people who believe they have become ill after eating this product. We are in the process of ordering medical record and health department records to determine if the illnesses can be linked to these potentially poisoned pizzas.

After 76 days in the hospital E. coli victim, Regina Lassiter is home

Posted by Salmonella Lawyer on November 21, 2007

Steve Doyle of the Huntsville Times does a great job of giving life to how horrible an E. coli O157:H7 illness can truly be.

Weeks in hospital 'blur' after E. coli hit

I urge everyone to read the full article linked above. Some of the points that hit me hardest:

It began with lunch - Lassiter's rough time began innocently enough: On June 29, a Friday, she had the chicken fajita wrap combo for lunch at Little Rosie's Mexican Taqueria on Whitesburg Drive.

For 76 long days, Lassiter endured a medical nightmare - ventilators, feeding tubes, bleeding kidneys, dialysis, even chemotherapy drugs - as doctors tried to stop the infection.

She was among 18 Little Rosie's customers who later tested positive for the dangerous E. coli O157:H7 bacteria. One customer died; three others, including Lassiter and 5-year-old Samuel Coggin of Meridianville, suffered kidney failure and needed dialysis. Public health officials traced the outbreak to shredded lettuce served between June 27 and June 30.

USDA - you must be kidding - No test and hold?

Posted by Salmonella Lawyer on November 21, 2007

Robert Roos, CIDRAP News Editor caught the USDA ones again saying that it is interested in public safety, but when no one is looking changes the rules. Mr. Roos' article entitled, “USDA modifies E. coli testing rules for Canadian beef,” is frankly shocking. According to the story, the “USDA has modified its program of increased testing and inspection of Canadian meat, after finding no problems in the first week or so, a USDA official said today.” Wow, after nearly killing 40 people in the US in the Topps E. coli outbreak (and, no one is counting the 44 sick and 1 dead Canadian), and after one whole week of testing, our government decreases testing AND allows meat to be shipped to consumers BEFORE test results even come back.

Mr. Roos also reported that, despite hundreds of people sickened in the US in 2007 and over 30 million pounds of meat recalled, the “USDA is not considering requiring American meat companies to hold meat until pathogen testing is completed, contrary to a recent news report…. the USDA has long had guidelines recommending that companies hold meat until test results come back, "but it's not something we require."

Does anyone wonder why people think government is useless?

Family hit hard by E. coli bacteria

Posted by E. coli Lawyer on November 20, 2007

Scott Harvey of WAVE reported on the tragic condition of our client and her son as they both struggle to survive the aftermath of the E. coli outbreak that still has yet to be solved.

Mother fears daughter may never fully recover from bout with E. coli

A Floyd County woman watched her son battle a deadly strain of E. coli back in September. Now she's hospitalized with the same illness. But her health isn't the only problem the single mother of five is facing. It was 52 days ago -- on September 30th -- when Amelia Seraiah came down with the deadly bacteria. Her children are now staying with family members, who say they just pray she makes a full recovery.

Sharon Peltier has a lot to be thankful for this week. Her 3-year-old grandson, William, is off dialysis and doing better. He spent 17 days last month in Kosair Children's Hospital. Now Peltier's daughter (William's mother) is in Norton Hospital, fighting the same illness: E. coli. "She got a blood infection," said Peltier. "She was bleeding from her nails, her lips, and her scalp."

Amelia Seraiah, 39, also has four daughters. Two are students at Galen Elementary. You might remember that an outbreak of E. coli hit the southern Indiana school in September. Amelia's daughters didn't get sick, but William did. Shortly after, Amelia did too.

"They said this was all part of the E. coli, Peltier said. "Then, one by one, all of her organs started shutting down."

Peltier says she has never seen anyone suffer like her daughter has over the last 50 days. At one point, Amelia was placed on a ventilator and drifted into a coma-like state. "She was constantly in pain," Peltier said. "When she would open her eyes, there was this fear of not knowing what was going on."

Amelia has something else to worry about. Last week, she got a letter from her employer telling her she no longer had a job. We contacted the company, HR Affiliates, but no one would comment on her termination. Because she had worked there less than a year, she doesn't qualify for long-term disability.

Now, with no job and no health insurance, Amelia can't afford to pay her rent. Three of her daughters have moved in with their dad, and her son is living with his grandmother. Through it all, Sharon Peltier held onto her faith and trusted the doctors to do what was best for her daughter.

"Every step of the way, I told them do whatever you have to do," said Peltier. "but looking back I now it was just god. It was his amazing grace that helped her, because I don't think a human being could go through that." Amelia Seraiah is still far from a full recovery. Her mother told us doctors found a blood clot in one of her lungs and she will have to undergo months of rehab. Friends have set up a donation fund for the family at the National City Bank in Floyds Knobs.

Single mom from Floyd County still hospitalized with E. coli

Legally Speaking: The food poisoning lawyer

Posted by Food Poisoning Attorney on November 20, 2007

I had a great chat with Texas attorney and writer, John G. Browning, while on a layover in the Dallas airport several weeks ago. We have talked several times since. I pulled some excerpts. Mr. Browning just published the interview today:

Legally Speaking: The food poisoning lawyer

For Bill Marler, it's about more than money or even reform - it's about the client.

Who is Bill Marler? He's simply the preeminent lawyer in the country in a rather specialized practice area - representing victims of food poisoning. Judging by the headlines the past few months, Mr. Marler will be very busy for quite some time to come....

But Marler is no Johnny-come-lately to the world of foodborne illness litigation. After starting out in a defense firm, Marler went to a small plaintiff's firm, where he landed one of the first cases in the 1993 Jack in the Box E. coli outbreak. Marler recovered a $15.6 million settlement on behalf of Brianne Kiner, the most seriously injured of the Jack in the Box victims; after that success, he says, "I went from one client to 300 clients within a few weeks."

Since 1993, Marler has been involved in virtually every major food poisoning lawsuit in the U.S. He secured a reported $12 million settlement on behalf of five children severely injured after drinking E. coli contaminated Odwalla apple juice in 1996. In 1998, he won a $4.6 million jury verdict on behalf of 11 children who fell ill with E. coli-induced food poisoning from school lunches in Washington State. In 2003, Marler obtained a $6.25 million settlement for a man forced to undergo a liver transplant after contracting hepatitis A due to food poisoning traced to tainted green onions at a Chi-Chi's restaurant in Pittsburgh.

Between 1993 and 2006, Marler estimates that 90 percent of his law firm's revenue was derived from E. coli/tainted hamburger meat cases. Marler estimates that insurance giant AIG "has paid me $100 million over the past 10 years."

Marler attributes his success to a number of factors, not the least of which is the level of preparation he brings to every case.

"Just because you have a high dollar damages case doesn't mean ConAgra's going to cut you a check, because of the problem of proving causation," Marler cautions.

Since starting Marler Clark in 1998, the attorney has made a point of spending a lot of time up front on proving causation. "Having the right expert is crucial," according to Marler, who keeps an epidemiologist and nurse on staff and who regularly consults with microbiologists and specialists in emerging areas like pediatric nephrology (the study of kidneys and kidney failure in children).

He points out that "you won't find a more prepared case at the time we file suit." Marler also attracts topnotch legal talent as well: his firm includes partners Bruce Clark and Denis Stearns, the lead defense attorneys for Jack in the Box who went from opposing Marler in the courtroom to joining his food poisoning crusade.

Crusade is an apt term for the approach Marler has adopted, whose dedication to the issue of food safety goes beyond representing his clients and earning a handsome living. Marler, whose commitment to public service manifested itself early when he was elected to the Pullman, Wash., City Council at the age of 19, has started a nonprofit food safety consulting firm called Outbreak, Inc. The group provides recommendations to food industry companies on how to prevent foodborne illness outbreaks among their customers.

At least once a week, Marler estimates, someone from his firm is speaking at a food safety conference or a health department seminar.

"It's become a way to give back; I think especially as lawyers, we have an obligation to give back," he says....

Marler has also taken his campaign for better food safety to the legislature. He's testified before state and federal legislators, and written such op-ed pieces as the provocatively titled "Put Me Out of Business-Please."

Food Poisoning For Bloggers

Posted by Food Poisoning Lawyer on November 19, 2007

My "cyberfriend" - the Fanatic Cook - once again covered for me and actually attended the - FDA Food Safety Teleconference For Bloggers. I must admit I planned on listening in (and harassing a bit) but calling in three hours late did not help - that Westcoast/Eastcoast thing - I did, however, enjoy the music. In any event, the Cook's blog once again lays out some great ideas for our

government - fresh from the kitchen:

Comments and suggestions gleaned from my readers' comments, as regards the proposed consumer web site called out in Sec 3.2 (or for the current FDA-managed FoodSafety.gov):

1. Consider a blog format for the site. Daily updating is a plus!
2. Incorporate an RSS feed (or other feed) for consumers to keep track of updates.
3. Incorporate a search box where consumers can find specific information quickly, and that would not require browsing various agencies' sites.
4. Choose a site that prioritizes timely and complete content over links.
5. Allow for consumer feedback (comments, media uploads, e.g. audio/visual). This could assist the adverse event detection need called out in Sec 2.3
6. Include results of recent studies that address food contamination issues.
7. Manage links, i.e. clean up, or notify owners of dead links, e.g. http://www.epa.gov/oppfead1/cb/csb_page/ - Introduce yourself! And describe the purpose of the site.

The Food Law Professor, Donna Byrne, said that a replay of the call will be available through Nov. 21. It can be heard by calling toll-free 866-502-6098, or toll 203-369-1859.

TOXIC TACOS: A microbial combination plate

Posted by Food Poisoning Attorney on November 19, 2007

When Taco Bell offered free tacos for every American during baseball’s World Series last month, all I could do was hold my head and mutter something like: "Hasta luego, Amigos!"

The very idea of doling out fast-food tacos to millions of baseball fans should ring like a casino jackpot jingle in the corridors of a personal injury law firm like mine - or all the "wannabees" that are beginning to light up the Internet with "google ads" and plagiarized blogs. Recently tacos seem have a food-poisoning track record right up there with Chinese-manufactured pet food. In the past few years alone, we’ve seen outbreaks of deadly E. coli O157:H7, Salmonella, Hepatitis A, Listeria, Shigella and Norovirus in at least 13 states, from Washington and California to New York and Texas – all traced to restaurant tacos.

Just this year there have been taco-related outbreaks in Alabama, Illinois and Oregon. And those are just the outbreaks scientifically traced by public health officials. We’ll never know how many more people have been sickened without identifying a source. Tracing the source of disease outbreaks isn’t easy. Health officials need to detect an outbreak early, thoroughly interview sick people and find the common denominator before memories fade and evidence disappears.

And even when tacos are suspect, the specific source of the poison varies from one outbreak to the next. In the Alabama outbreak last summer, the culprit may have been lettuce laced with E. coli. In Illinois, it was Salmonella in the cheese. An outbreak at Taco Bell last year in East Coast states was blamed on tainted lettuce, or as my post below says - maybe not. Others have been tracked back to green onions, cilantro or undercooked meat. It seems that when restaurants layer tortillas, meat, cheese, tomatoes, onions, avocado and lettuce, there are multiple opportunities to contaminate, cross-contaminate and make people sick.

Take, for example, a major outbreak of Hepatitis A in Florida in December, 2000. Officials at the Lake County Health Department learned that seven people were sick, and five were hospitalized with Hepatitis A, all in a two-week span. State and local officials identified the toxin and questioned each of the patients, including family members and friends who were not so sick. Eventually, officials identified 78 people sickened in five eastern states. In the Florida case, most of the sick people had eaten at a Taco Bell restaurant in Fruitland Park. Further inquiry narrowed the possibilities down to six menu items and eight ingredients, and only two of those items had been eaten by a majority of the sick people. Eventually, they zeroed in on the green onions as the most likely cause. But, given the fact that nearly every menu item in a Taco Bell has nearly the same ingredients, how do you really know what ingredient was contaminated?

My point: Tacos can be dangerous. The ingredients – meat and lettuce and green onions – come from an array of sources, are handled by so many people and are all tossed into the same products, creating a very muddy trail of evidence. A list of outbreaks below:

Date	Location	Vendor	Microorganism	Food type
Oct 98	WA	Finley School	E. coli O157:H7	Taco Meal
Aug 00	TN	San Antonio	Salmonella	Unknown
Oct 00	CA	Viva Mexico	Shigella	Salsa
Feb 02	IL	Laredo	Salmonella	Employee
Aug 03	TX	Cheese	LIsteria	Cheese
Aug 03	MO	Habaneros	E. coli O157:H7	Salsa
Nov 03	PA	Chi-Chi's	Hepatitis A	Onions
Sep 05	CA	La Golondrina	Hepatitis A	Lettuce?
Jun 06	OH	La Fiesta	Norovirus	Employee
Nov 06	Several	Taco Bell	E. coli O157:H7	Lettuce?
Nov 06	Several	Taco Johns	E. coli O157:H7	Lettuce
Jan 07	AU	Mex Express	Botulism	Cheese
Jan 07	OR	Sergio's Dos	Norovirus	Unknown
Mar 07	IL	El Paso	Salmonella	Cheese
Jul 07	AL	Little Rosie's	E. coli O157:H7	Lettuce

And there have been more - In October 2007, Tortilla Flat was the scene of a Norovirus outbreak and just a few days ago, Carniceria Y Taqueria served Salmonella-Tainted Tacos in North Carolina. Buenos Noches. Thanks to my friends at K-State (who bring you BARFBLOG) for providing a "bite" of the history of the "terrible tacos."

California Department of Health Environmental Investigation of E. coli O157:H7 Outbreak Associated with Taco Bell restaurants in the Northeastern States in 2006 - Two California Lettuce Growers Possibly Implicated

Posted by E. coli Attorney on November 19, 2007

We were provided today with the report prepared by “The California Food Emergency Response Team (CalFERT).” The “Executive Summary” in part reads:

On December 13, 2006 the Office of Emergency Operations of the U. S. Food and Drug Administration (FDA) alerted both the San Francisco District Office and the Emergency Response Unit of the California Department of Public Health Food and Drug Branch (FDB) of an emerging outbreak of Escherichia coli O157:H7 illness associated with eating at Taco Bell restaurants and the identification of iceberg lettuce as the most likely food vehicle.

Interestingly, the CDC in its report posted on its website on December 14, 2006 seems to link lettuce only slightly more that other ingredients found in Taco Bells:

CDC is working with state and local health officials, the Food and Drug Administration (FDA), the Department of Agriculture (USDA), and the restaurant chain to determine what food caused the outbreak. These investigations include an ongoing investigation that involves interviews of ill and well Taco Bell restaurant patrons about what food items they consumed. These food items include a variety of different ingredients…. Public health investigators have identified a few ingredients that were consumed more often by ill persons than well persons and were statistically linked with illness: lettuce, cheddar cheese, and ground beef…. Evaluation of all these data indicates that shredded lettuce consumed at Taco Bell restaurants in the northeastern United States was the most likely source of the outbreak….

The CalFERT Report continues:

FDA conducted traceback investigations from four Taco Bell restaurants in Pennsylvania, New York, and New Jersey. These restaurants were selected as representative of the Taco Bell restaurants implicated by public health officials. All four restaurants received shipments of commingled shredded lettuce that originated from both Tanimura & Antle, Inc. (T&A) and Garcia and Church Farms (C&C, shipping as Church Brothers, LLC) in Huron, CA. At the time of the initial farm investigation, 13 T&A fields were identified by FDA as possible sources of lettuce served at implicated restaurants during the time period between October 12, 2006 and December 4, 2006. Subsequently, FDA identified one field (of the original 13) owned by T&A and three fields farmed by G&C as most likely to have supplied suspect lettuce during the time period of exposure at the four restaurants in the traceback (between November 15, 2006 and December 2, 2006). CalFERT investigators reviewed documents supplied by Taco Bell Corporation, Ready Pac Produce, Inc. (a processor), and the implicated growers and determined that two additional fields (from the original 13 T&A fields) supplied lettuce during this time period to the four restaurants. Farm investigations involved 16 fields, with a focus on the six fields identified as most likely to have supplied the implicated lettuce.

The traceback to the the Tanimura & Antle fields as well as those of Garcia and Church Farms did not find E. coli O157:H7 in the implicated fields. This in combination with the CDC's finding that:

Public health investigators have identified a few ingredients that were consumed more often by ill persons than well persons and were statistically linked with illness: lettuce, cheddar cheese, and ground beef…. Evaluation of all these data indicates that shredded lettuce consumed at Taco Bell restaurants in the northeastern United States was the most likely source of the outbreak….

Makes me wonder if lettuce really is the actual source or vector of the Taco Bell E. coli outbreak. So far we have resolved all but one of our client's cases stemming from this outbreak. See full CalFERT Report here:

Pot Pies Poison Peoria People - Destroy Salmonella-Tainted Kroger, Banquet, Albertson's, Food Lion, Great Value, Hill Country Fare, Kirkwood, Meijer and Western Family Pot Pies

Posted by Salmonella Attorney on November 19, 2007

Frozen pot pies linked to salmonella outbreak

The Illinois Department of Public Health is again warning consumers to throw out frozen pot pies that could be linked to a multistate salmonella outbreak. ConAgra Foods voluntarily recalled all varieties of frozen pot pie products last month, produced under multiple brand names.

These frozen pot pies include all varieties in 7-oz. single-serving packages with an establishment number "P-9" or "Est. 1059" printed on the side of the package. The department continues to receive reports of those sickened by eating the recalled food during the past month. To date, Illinois has seen 15 cases of salmonella believed to be associated with eating the recalled pot pies, compared to six cases as of October 12, when the first warning was issued.

Nine people sickened AFTER the October 12, 2007 recall. The CDC has reported that between January 1, 2007 and October 29, 2007, at least 272 isolates of Salmonella I 4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 35 states. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), Arkansas (4), California (18), Colorado (9), Connecticut (7), Delaware (5), Florida (2), Georgia (2), Idaho (11), Illinois (7), Indiana (3), Iowa (1), Kansas (4), Kentucky (9), Massachusetts (7), Maryland (7), Maine (2), Michigan (3), Minnesota (7), Missouri (18), Montana (6), Nevada (6), New York (10), North Carolina (2), Ohio (11), Oklahoma (1), Oregon (4), Pennsylvania (18), Tennessee (6), Texas (4), Utah (12), Virginia (9), Vermont (2), Washington (27), Wisconsin (24), Wyoming (3).

If since October 12, when the CDC reported 7 illness in Illinois, Illinois Department of Health has reported 8 more illnesses - double that. Can we assume that the CDC number of 272 reported October 12 is twice that now? We have been retained by nearly 40 people and families sickened by these pot pies and have filed 5 lawsuits since October.

Holiday Food Safety Tips - From A Lawyer?

Posted by Food Poisoning Lawyer on November 18, 2007

Thanksgiving is a few days away. It might be good to review my safety tips from last year's blog.
Cheers! As I said last year: "So, wash you vegetables well before you cook them and/or before you serve them raw. Me, I go right to red wine (no scientific basis for it). Foods I avoid - unpasteurized juices and milk, sprouts, bagged, pre-washed produce of any kind, raw shellfish and other raw meats or cheeses. Everything else I wash, wash and wash, if it is produce, and I cook all meat products a bit more that the directions above. Also, be careful about cross-contamination between raw uncooked or unwashed foods and counter-tops, utensils and other ready to eat foods. And, WASH YOUR HANDS. Happy Holidays."

I have been asked a lot what I do eat given my job. I used to say (tongue in cheek), "pizza and scotch" - now pizza isn't even safe.

One way to avoid meat recalls: Wait for test results

Posted by E. coli Attorney on November 18, 2007

I read the headline of Julie Schmit’s article in USA TODAY and had the overwhelming desire to say “duhh!” as my 15-year-old often says of me to me. I then read further:

The federal government may move to keep meat off the market until its tests confirm the meat doesn't have harmful bacteria, a step that officials say could have prevented some of this year's 53 meat recalls. The U.S. Department of Agriculture, which regulates meat and poultry, may require meat producers to hold product that's been routinely tested by the government until test results come back, says Kenneth Petersen, assistant administrator for the USDA. "It's not in anybody's interest to do all of these recalls."

“Test and Hold.” All that I can say is my daughter is right.

MRSA and the Food Connection

Posted by Food Poisoning Attorney on November 18, 2007

Methicillin-resistant Staphylococcus aureus (MRSA) (usually pronounced in short as "Mursa" or spelled out as MRSA), is a bacterium responsible for some difficult-to-treat infection in humans. Heather Moore Heather Moore, senior writer for People for the Ethical Treatment of Animals, wrote a concerning Op-ed “Your supper & superbugs” on MRSA and its relationship with antibiotics fed to animals. A couple of the more concerning point:

Approximately 70 percent of the antibiotics used in the United States aren't given to human patients -- they are fed to farmed animals. The filthy, crowded conditions on factory farms are breeding grounds for disease.

One USDA study showed that 66 percent of beef samples were contaminated with antibiotic-resistant bacteria, and scientists at the Johns Hopkins Bloomberg School of Public Health have reported that 96 percent of the chicken flesh they tested was contaminated with antibiotic-resistant campylobacter bacteria.

Another study conducted by the CDC indicated that chicken sold in supermarkets is often tainted with potentially fatal bacteria called Enterococcus faecium. This bacterium was not even affected by Synercid, a drug commonly used to treat antibiotic-resistant bacteria.

A recent Belgian survey showed that MRSA has been found in 68 percent of the pig farms in that country. In 37 percent of the cases, the farmer and the farmer's family carried pig MRSA -- a variant of human MRSA.

"Safer Salads - Contaminated fruits and vegetables are more common than ever. Why? And what can consumers do to protect themselves?"

Posted by Bill Marler on November 17, 2007

A “science junkie” friend of mine emailed me a link to this months American Scientist. The article by Jorge M. Fonseca, a professor and vegetable/postharvest specialist at the University of Arizona's Yuma Agricultural Center and Sadhana Ravishankar, a research professor in the Department of Veterinary Science and Microbiology at the University of Arizona in Tuscon is a well researched and written article entitled “Safer Salads - Contaminated fruits and vegetables are more common than ever. Why? And what can consumers do to protect themselves?” I would urge folks interested in food safety generally, and fruits and vegetables in particular, to read it. As is discussed in the articles introduction:

News of E. coli-tainted produce has blared from the headlines in recent years, leading to widespread concern about the safety of consuming raw fruits and vegetables. Unfortunately, the public-health debate often neglects the science behind the outbreaks. What are the real risks involved? Some answers come from authors Jorge M. Fonseca and Sadhana Ravishankar, specialists in the field of microbiological crop-safety research. They detail the recent spate of illnesses caused by produce-borne pathogens and reveal that there's no single source of contamination that explains them all—sanitation can break down during growth, harvest, washing, storage, transport or display of fruits and vegetables. The authors conclude with a discussion of best practices from the field to the table, and they describe new research into postharvest treatments that may minimize consumer risk in the near future.

After reading the full article below go to the USDA webiste and read "An Online Cost Calculator for Estimating the Economic Cost of Illness Due to Shiga Toxin-Producing E. coli."

I recently spoke with Carl Nagin, a Berkeley-based reporter whose work has appeared in the New Yorker and on the PBS documentary series Frontline. His article, “Is Our Food Any Safer Since the Last E. Coli Outbreak?”, among other topics, discussed the potential for consumers suing companies on behalf of themselves and their injured children, as agents of change:

Liability, along with branding and creating a positive image for produce, is not a trivial concern for big handlers and packagers like Dole and Fresh Express, which together control 90 percent of the retail market for packaged salads, according to the Produce Marketing Association. The Seattle law firm Marler Clark successfully represented victims of last fall's E. coli outbreak in lawsuits against Dole. Since 1993, the firm has won settlements and verdicts for food sickness victims totaling more than $300 million.

Continue reading the American Scientist Article:

Updated investigation of General Mills Totino's and Jeno's Pizza E. coli illnesses in Illinois, Kentucky, Missouri, New York, Ohio, Pennsylvania, South Dakota, Tennessee, Virginia, and Wisconsin - Lawsuits to follow?

Posted by E. coli Lawyer on November 16, 2007

As of two weeks ago, at least 21 isolates of E. coli O157:H7 with an indistinguishable genetic fingerprint have been collected from ill persons in 10 states: Illinois (1 person), Kentucky (3), Missouri (2), New York (2), Ohio (1), Pennsylvania (1), South Dakota (1), Tennessee (8), Virginia (1), and Wisconsin (1).

Persons became ill between July 20, 2007, and October 10, 2007. The age of ill persons ranges from 1 to 65 years with a median age of 9 - 53% of ill persons are female. At least 8 people have been hospitalized, and 4 have developed a type of kidney failure known as hemolytic-uremic syndrome, or HUS.

The Tennessee State Department of Health, working with CDC and health officials in several other states, coordinated a study to identify the source of these infections. Eating a Totino's or Jeno's brand frozen pizza-containing pepperoni was significantly associated with illness.

Since the announcement by the CDC and the recall by General Mills, we have been contacted by 16 people who believe that their illnesses are linked to consuming contaminated pizza. We are in the process of investigating those cases by ordering relevant medical records and health department records.

My favorite headline and quote is from the Trinidad Express:

Toss out your Totino pizza

If you have a Totino's frozen pizza in your refrigerator, throw it out because it could be contaminated with a deadly strain of the E. coli bacteria.

You have to love it when you can put them under oath

Posted by Food Poisoning Attorney on November 16, 2007

Hormel Foods Corporation Chairman, President and Chief Executive Officer Jeffrey Ettinger , center, flanked by Anova Foods, Inc. President and Chief Executive Officer Doug Brinsmade, left, and Cargil Chief Executive Officer Gregory Page, right, are sworn in on Capitol Hill in Washington, Tuesday, Nov. 13, 2007, prior to testifying before the House Energy and Commerce Committee hearing on food safety.

Journal of Food Protection Publishes Two Articles on Bioniche E. coli O157:H7 Vaccine Efficacy

Posted by E. coli Attorney on November 16, 2007

According to a press statement by Bioniche Life Sciences Inc., the two articles in the Journal of Food Protection relate to field challenge studies conducted at the University of Nebraska-Lincoln involving close to 900 animals in 2002 and 2003.

The first article, “Efficacy of dose regimen and observation of herd immunity from a vaccine against Escherichia coli O157:H7 for feedlot cattle” (R.E. Peterson, T.J. Klopfenstein, R.A. Moxley, G.E. Erickson, S. Hinkley, D. Rogan, and D.R. Smith), supports the hypothesis that use of the Bioniche vaccine effectively reduces the likelihood of cattle shedding E. coli O157:H7. After a three-dose treatment, vaccinated cattle were significantly less likely (73%) to shed the organism than unvaccinated cattle (P<0.0001). The same study noted that there was no indication of affect on (feed conversion) performance or carcass quality, and that vaccinating a majority of cattle within a pen resulted in a significant protective effect to unvaccinated cattle in the same pen. This effect is called “herd immunity”.

The second article, “Effect of a vaccine product containing type III secreted proteins on the probability of Escherichia coli O157:H7 fecal shedding and mucosal colonization in feedlot cattle” (R.E. Peterson, T.J. Klopfenstein, R.A. Moxley, G.E. Erickson, S. Hinkley, G. Bretschneider, E.M. Berberov, D. Rogan, and D. R. Smith), highlights the results of a study that looked at the effect of vaccination on the shedding of E. coli O157:H7 by cattle and their colonization by the organism. Vaccinated cattle were 98.3% less likely to be colonized by E. coli O157:H7 at the terminal rectum (where the bacteria are known to collect and reproduce in large quantities). Specifically, the authors were able to isolate E. coli O157:H7 from only one of 140 vaccinated cattle, versus 38 of 141 non-vaccinates (P<0.0001).

Double B Foods Recalls Frozen Sausage Roll Products For Possible Listeria Contamination

Posted by Listeria Attorney on November 15, 2007

Texas Firm Recalls Frozen Sausage Roll Products For Possible Listeria Contamination
Recall Release CLASS I RECALL
FSIS-RC-053-2007 HEALTH RISK: HIGH

Double B Foods, Inc., a Meridian, Texas, firm, is voluntarily recalling approximately 98,000 pounds of frozen sausage roll products that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today. The frozen sausage roll products were produced on various dates between Oct. 25 and Nov. 6, and were distributed to retail establishments in Texas, and institutions, catalogue sales and distribution centers in Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, New Jersey, New Mexico, New York, Oklahoma, Pennsylvania and Texas.

The following product is subject to recall:

USDA Finds Flaws in ConAgra Banquet Pot Pie Safety Plan

Posted by Salmonella Lawyer on November 15, 2007

Josh Funk once again reports on how our government, despite finding errors at industrial food facilities, does not feel the necessity to inform the public of its findings. This despite pot pies having been linked to at least 272 cases of salmonella (65 hospitalized) in 35 states. Mr. Funk’s story follows:

USDA inspectors found flaws in the safety plan ConAgra Foods Inc. used at the Missouri plant where it makes the Banquet and private label pot pies that were linked to a salmonella outbreak… A spokeswoman for the Department of Agriculture's Food Safety and Inspection Service said Thursday that ConAgra took action to correct the problems inspectors found after the Oct. 11 recall, so the government did not have a problem with the company's plan to resume production… USDA spokeswoman Amanda Eamich said details of the inspectors' findings at the plant would be released only through a formal Freedom Of Information Act request.

Eamich would say only that there was a record-keeping problem and an issue with ConAgra's Hazard Analysis Critical Control Point plan that spells out what the company does to ensure its products are safe.

Military urging shoppers to check for E. coli and Salmonella recalled items

Posted by Food Poisoning Attorney on November 14, 2007

Ashley Rowland of Stars and Stripes reported this evening on the ongoing failure of business and government to protect consumers, even military families, from dangerous, recalled products. She wrote from Korea that military officials are urging shoppers at Pacific bases to make sure they don’t have recalled frozen pizzas and cat vitamins in their homes. The products, recalled on November 1, include Jeno’s and Totino’s frozen meat pizzas, produced by General Mills, which were contaminated with E. coli; and Vitamin Care for Cats, produced by Hartz Mountain Corp. and contaminated with Salmonella.

ConAgra Foods resumes making Banquet pot pies - spends $30 million on recall

Posted by Salmonella Attorney on November 14, 2007

CNN Money reported this afternoon that food maker giant, ConAgra Foods (NYSE:CAG) Inc., said that it has resumed producing Banquet and private label pot pies a month after they were recalled after being linked to salmonella illnesses. The pot pies made by ConAgra have been linked to at least 272 cases of salmonella in 35 states. The federal Centers for Disease Control and Prevention said at least 65 people were hospitalized as part of the outbreak.

Conagra said shipments to retail customers are expected to begin in December and consumers can expect to see the pies in retail stores by January (I can not wait). The company belatedly recalled all pies produced at its Marshall, Missouri plant (which we have a Court Order to enter) October 11 after the products were linked to cases of salmonella. ConAgra faces several lawsuits (actually, five) related to the recall, which was the second ConAgra recall this year due to salmonella (remember Peter Pan). ConAgra said it expects the pot pie recall to cost about $30 million, or 4 cents per share.

Hmmm, I bet ConAgra wishes it would have spent that money on upgrades of the plants instead of potential settlements on behalf of injured people. I also spoke with Joe Ruff of the Omaha World Herald about ConAgra resuming production and the lawsuit we filed against it in its home state:

ConAgra's menu again has pot pies

Full Article Below:

More Totino's and Jeno Pizza found with E. coli - Kayla Boner's death still being investigated

Posted by E. coli Lawyer on November 14, 2007

The pizza recall may have a local Nebraska tie according to Channel 3 news - Frozen Pizza Recall May Have Local Connection - The University of Nebraska Medical Center confirms it tested a sample from the Douglas County Health Department. A spokesperson says it matches the strain of E. coli identified in a recent national outbreak. General Mills recalled about 5 million Totino's and Jeno's brand pizzas earlier this month due to E. coli contamination. At least 21 people have been confirmed ill according to the CDC.

As of November 1st, at least 21 isolates of E. coli O157:H7 with an indistinguishable genetic fingerprint have been collected from ill persons in 10 states: Illinois (1 person), Kentucky (3), Missouri (2), New York (2), Ohio (1), Pennsylvania (1), South Dakota (1), Tennessee (8), Virginia (1), and Wisconsin (1). Persons became ill between July 20, 2007, and October 10, 2007. The age of ill persons ranges from 1 to 65 years with a median age of 9; 53% of ill persons are female. At least 8 people have been hospitalized, and 4 have developed a type of kidney failure known as hemolytic-uremic syndrome, or HUS.

For those who have read about the use of "cooked" E. coli products, I wonder if there is a connection between that loophole and these pizzas? According to the Des Moines Register, the Iowa Department of Health continues to investigate possible pizza-related E. coli illnesses and the tragic death of Kayla Boner.

Del Rey Tortilleria, Inc. Issues Recall of Flour Tortillas Due to Possible Health Risk

Posted by Food Poisoning Attorney on November 13, 2007

The FDA sent out a Press Release for Del Rey Tortilleria, Inc., of Chicago, Illinois, announcing the recall of its flour tortilla products. Included in the recall are flour tortillas of all sizes White Flour Tortillas; Tortillas de Harina(6 inch); Burritos 2, 3, and 4; and Fajita 8" size with the name "Del Rey" on the label, and with one of these Date Codes: OCT/17/07; OCT/20/07; OCT/24/07; NOV/04/07; NOV/10/07; or NOV/11/07. The products were distributed nationwide through food distributors and grocery stores.

I posted earlier about this outbreak involving Del Rey again.

Washington man sues over recalled pot pies

Posted by Salmonella Lawyer on November 13, 2007

Phuong Cat Le of the Seattle PI reported:

A Pasco man is suing ConAgra Foods Inc. for salmonella poisoning after eating a Banquet pot pie that had been recalled. His attorneys from Seattle-based Marler Clark filed a complaint Tuesday in U.S. District Court for the Eastern District of Washington. It's the fourth lawsuit that the firm has filed against the Omaha, Neb., food conglomerate. From January to Oct. 29, at least 272 people have reported being sickened with Salmonella after eating the pot pies, according to the investigation by the Centers for Disease Control and Prevention. Washington state has the greatest number of reported cases, with 27. ConAgra stopped producing its Banquet potpies on Oct. 9, and told consumers not to eat its chicken or turkey potpies. It recalled the products two days later.

Interesting - Washington State leads the nation in the number of people sickened by pot pies - 27 of the 272 - I'm not sure of the significance.

See the Tri-City Herald too: Pasco man sues over tainted pot pie

The Color of Hope Benefit Breakfast

Posted by Bill Marler on November 13, 2007

We were proud to be the “Purple Heart Presenting Sponsor” at the Color of Hope Benefit Breakfast on October 25, 2007. Contributions went towards helping children and youth struggling to overcome profound challenges such as serious illness, homelessness, poverty and trauma.

Uptick in E. coli Hamburger Illnesses and Recalls

Posted by E. coli Attorney on November 11, 2007

I have been blogging, some would say flogging, about the reason for the increase, or “uptick” in E. coli cases and recalls tied to hamburger products. Just a few days ago I flogged on the “uptick,” and a few weeks ago flogged about how safe or food supply really is, or not.

Now it is good to see the media weighing in on the topic. Just today there are three articles that should be read to give my readers an idea of the extent of the problem and what might be done to solve it. I also posted a link below to show just how stupid business and the government can truly be.

Tom Webb of the Pioneer Press:

Rising E. coli cases a danger, a mystery
'It's not something we can fully explain,' says top USDA official

For years, nearly all E. coli cases focused on contaminated hamburger, said Bill Marler, a Seattle attorney who has specialized representing plaintiffs in cases of food-borne illness since the outbreak at the Jack in the Box hamburger chain in 1993. After some massive hamburger recalls in the late 1990s and early 2000s, better controls to prevent E. coli became required in the meat industry. Then in 2003, as the problems in meat receded, E. coli began turning up in spinach, lettuce and other produce.

Matt McKinney of the Star Tribune:

Questions swirl around recent rise in E. coli cases - Meat recalls have highlighted an uptick in illnesses. Experts offer several theories why.

The headlines keep coming. Last weekend, Cargill voluntarily recalled nearly 1 million pounds of ground beef linked to possible E. coli contamination, its second recall this year. And Topps Meat Co. in September issued the second-largest recall in U.S. history -- 21.7 million pounds of ground beef -- that put the New Jersey-based meat producer out of business. Those recalls have added to an uptick in E. coli cases since 2005, after more than a decade of declines.

Marti Davis of the Knoxville News:

After huge beef recall, child's death, health officials warn parents

Ms. Davis also spoke to a former client, a good friend and last summer’s intern at Marler Clark:

Catherine Russe, a Maryville College senior, was 15 when she was sickened by a tainted hamburger served to her at a local hospital where she was being treated for bulimia and anorexia nervosa. She, too, developed HUS, spent more than two weeks in intensive care, and had multiple blood transfusions and lengthy dialysis. She wept when her college professors announced the death of Jaycee Burgin.

"Every time I hear about a child who dies or even gets sick from HUS, I cry. The pain that one experiences during this illness cannot be described, and for a child to have to go through something such as this absolutely breaks my heart," she said.

And if the above is not enough to convince everyone that our food supply has problems, you need to read Stephen Hedges’ piece in the Chicago Tribune:

Beef with E. coli slips through "loophole"

One federal inspector calls it the "E. coli loophole." Another says, "Nobody would buy it if they knew." The officials are referring to the little-discussed fact that the Department of Agriculture (USDA) has deemed it acceptable for meat companies to cook and sell meat on which E. coli, a bacteria that can sicken and even kill humans, is found during processing. The "E. coli loophole" affects millions of pounds of beef each year that test positive for the presence of E. coli O157:H7, a virulent strain of the bacteria.

The contaminated meat is not discarded, it is used, hopefully fully cooked, in products (hamburgers, burritos, pizza, etc) - many consumed by kids in the National School Lunch Program – boy, doesn’t that make sense. Hamburger anyone?

When E. coli strikes, who pays?

Posted by E. coli Attorney on November 11, 2007

Matt McKinney of the Minneapolis Star Tribune and I spoke last week when I was in New York working on the Taco Bell E. coli cases that occurred last year in New York, New Jersey and Pennsylvania. Mr. McKinney, also has another article featured this morning, “Meat recalls have highlighted an uptick in illnesses. Experts offer several theories why.”

We had a long talk about why I think companies whose products sicken and kill, should step up and help the families who are devastated by products that these same companies profit from. This is not a unique request, nor is it something that does not happen. As I said, “past outbreaks linked to the Odwalla Juice Co. and to the Jack-in-the-Box hamburger chain saw both companies make early payments for victims' medical bills.” Other companies, ConAgra, Chi-Chi’s, and recently Taco Bell, have done the same. Being moral does not mean that you are not a good business. As I told Mr. McKinney, I have repeatedly (“Step up and pay” and “Are you going to pay?”) asked companies to pay bills and wage loss and leave future damages till these children stabilize – silence. My comment is that if companies do not step up and help, we will step up and help them change their mind.

Update on Multistate Outbreak of Salmonella Serotype Tennessee Infections Associated with ConAgra Peanut Butter --- United States, 2006--2007

Posted by Salmonella Lawyer on November 10, 2007

On June 1, 2007, the CDC reported that a total of 628 persons had been infected with the outbreak strain of Salmonella serotype Tennessee in 47 states since August 1, 2006. Rumor has it that that number has risen and is now in excess of 700 (perhaps 714). Remember, according to AC Voetsch, “FoodNet estimate of the burden of illness caused by nontyphoidal Salmonella infections in the United States,”Clinical Infectious Diseases 2004;38 (Suppl 3):S127-34, 714 ill people is an undercount by 38.6 times - That is an actual total of 27,560 people sickened by Peanut Butter.

In addition, the outbreak strain of Salmonella Tennessee has been isolated from several opened and unopened jars of ConAgra produced Peter Pan and Great Value peanut butter and from two environmental samples obtained from the Sylvester, Georgia ConAgra plant. Rumor also has it that State and Federal labs have tested in excess of 100 jars of peanut butter from Salmonella Tennessee infected persons (stool culture positive) and that dozens of jars have tested positive for Salmonella Tennessee. We have tested nearly 600 jars of peanut butter from clients (Salmonella Tennessee stool culture positive and not), and to date six have tested positive. Several of our positive peanut butter tests, and culture positive clients, have the lid codes with 21116251 on the top (means it was produced by the Sylvester ConAgra plant on September 22, 2006).

I also found this interesting PowerPoint by PulseNet/CDC that asks more questions than it answers. Interesting charts. I actually like my PowerPoint a bit better.

Del Rey tortillas suspected in school illness outbreak in Wisconsin - Again

Posted by Food Poisoning Lawyer on November 10, 2007

The Journal Times reported yesterday that Del Rey Tortillas of Chicago has again been implicated in student illnesses:

FDA officials again pulled several cases of soft shell flour tortillas from Racine Unified kitchens this week, after an outbreak of illness at three Racine Unified schools last week. A single manufacturer, Del Rey, produced all the flour tortillas consumed in the three middle schools where children and teachers were sickened last week. The state Department of Public Instruction issued a statement Friday indicating that the focus of the investigation had turned to the tortillas.

“In an effort to protect children from becoming ill, we are strongly encouraging all schools to refrain from serving the flour tortillas,” the DPI said in its release.

In January 2006 the same thing happened and the FDA was forced to ask for a recall then as well:

Local school districts free of suspected food poisoning product

Local parents and students can breathe - and eat - easier, following assurance from Aramark Food Service that the tortilla shells suspected to have caused illness among District 150 students are not used in other local schools. Last Wednesday, 45 Peoria District 150 students complained of feeling sick after lunch. This follow a December incident in which about 80 students at five District 150 schools became ill after lunch, complaining of the same symptoms reported last Wednesday. Chicago-based Del Ray Tortilleria did agree to recall the tortilla shells and adjust its ingredients, said Marlena Bordson of the Illinois Department of Public Health Friday. Peoria County Health Department voluntarily pulled the tortillas from school menus in advance of Del Ray's recall.

Tortillas have been implicated in much earlier outbreaks:

Multiple Outbreaks of Gastrointestinal Illness Among School Children Associated with Consumption of Flour Tortillas --- Massachusetts, 2003--2004

Methicillin-resistant Staphylococcus aureus - MRSA - found in Canadian Pigs and Farmers - Do MRSA Illnesses have a food connection?

Posted by Food Poisoning Attorney on November 10, 2007

$200,000 raised for land mine victims

Posted by Bill Marler on November 09, 2007

Marler Clark was proud to sponsor the recent Clear Path International Evening of Hope, which was held at the College Club in Seattle. The event benefits landmine accident survivors - mostly from Vietnam.

Imbert Matthee commented on the Evening of Hope on the Clear Path International blog:

Our third annual Seattle fundraiser, generously underwritten by the law firm Marler Clark, brought in more than $50,000 for our direct assistance work. That amount is a 43 percent increase over last year’s $35,000.

For central Vietnam, the $50,000 will be doubled through a matching grant from the U.S. State Department and then doubled again by the International Trust Fund for Demining & Victims Assistance.

In short, the evening raised a total of $200,000!

Why the "Uptick" in E. coli cases in 2007?

Posted by Food Poisoning Lawyer on November 08, 2007

I have been pressing everyone I know in food safety and the meat industry about the “uptick" in E. coli cases in 2007. Here are some ideas from recent press reports:

USDA says has enough legal authority to do recalls

“Raymond said there are several factors USDA is investigating that could be responsible for the uptick in E. coli discoveries. Among them include the pathogen becoming resistant to drugs and changes in weather or diet that can lead to stress in the animal. He assured lawmakers it was not because companies are being careless or inspectors sloppy in their work. "I think it's starting with the animal's environment," said Raymond. "There is a change in what we feed cattle and I don't know if that has created a problem."

Is this an explanation? What is the change? I understand that perhaps with the increase in the price of oil there has been an increase in ethanol production and waste products – eaten by cows? Anyone have any other ideas? How about this:

Crackdown Upends Slaughterhouse’s Work Force

“Last November, immigration officials began a crackdown at Smithfield Foods’s giant slaughterhouse here, eventually arresting 21 illegal immigrants at the plant and rousting others from their trailers in the middle of the night. Since then, more than 1,100 Hispanic workers have left the 5,200-employee hog-butchering plant, the world’s largest, leaving it struggling to find, train and keep replacements. Across the country, the federal effort to flush out illegal immigrants is having major effects on workers and employers alike. Some companies have reluctantly raised wages to attract new workers following raids at their plants. After several hundred immigrant employees at its plant in Stillmore, Ga., were arrested, Crider Poultry began recruiting Hmong workers from Minnesota, hiring men from a nearby homeless mission and providing free van transportation to many workers.”

Hmmm, a influx of unskilled US workers with high turnover – sound interesting. What other ideas?

E. coli quote of the day

Posted by E. coli Attorney on November 08, 2007

Late last night Christopher Doering of Reuters quoted USDA/FSIS head guy, U.S. Agriculture Undersecretary Richard Raymond, in an article entitled - USDA says has enough legal authority to do recalls - Dr. Raymond testified that the U.S. Agriculture Department does not need additional authority to conduct meat recalls and would oppose any move to make the removal of such items from the market mandatory, the USDA's top meat safety official told lawmakers on Wednesday.

"I think we do a very good job with recalls at this point at time," U.S. Agriculture Undersecretary Richard Raymond told a House Agriculture subcommittee on livestock, dairy, and poultry. "I believe we have all the legal authority we need to do our job," he said.

REALLY? So, what about this from the Associated Press this morning:

Recalled Topps meat found in N.J. stores

State inspectors said Wednesday that they have found more boxes of potentially tainted meat on store shelves more than a month after a nationwide recall of Topps frozen hamburgers. New Jersey authorities have also subpoenaed additional distributors and wholesalers to determine what other stores have the frozen patties and whether they were delivered after the Sept. 29 recall by the now-defunct Topps Meat Co. of Elizabeth. Over the past few weeks, 141 boxes of Topps burgers have been found at 12 stores, all in northern New Jersey except for one in Gloucester City in Camden County.

More from Dr. Raymond:

According to Dr. Raymond, currently, the industry initiates recalls voluntarily. Raymond said the current process works and any move by lawmakers to make recalls mandatory was unnecessary and risks causing the system to work less efficiently.

My definition of a "good job" differs a bit from Dr. Raymond. Perhaps that is why under his leadership, 2007 has had close to 20 beef recalls, amounting to nearly 30,000,000 million pounds of meat and hundreds ill. When was the last time anyone recalls a governmental official being fired? Also, don't forget the USDA's complete failure to protect the public in the Topps Recall of a month ago. Reread by post - USDA/FSIS Timeline of Topps Recall. Frankly, I am not sure giving USDA/FSIS recall authority, given its record, would make anyone safer. But hey, as Dr. Raymond says:

“Our meat supply is the safest in the world.”

Or, perhaps not - See my Op-ed from a month ago - even before the Cargill recalls and illnesses - Is the US beef supply safe?

Recall of frozen pizza, beef products labeled high health risk, says U.S. Department of Food Safety and Inspection

Posted by Food Poisoning Attorney on November 07, 2007

I had a long chat with Jeff Alexander of The Gardner News on Tuesday. We talked about ffood safety generally and the Pot Pie case in particular Here is his article (or, at least where I am quoted):

The pot pie suit is being handled by Bill Marler; his experience with recalls includes a substantial settlement against Jack In The Box for previous E. coli outbreaks. Mr. Marler offered his views and experience with food recalls. “A lot of recall decisions that get made are based on finances and not wanting to hurt businesses; most people get sick from a food-borne illness and never know what made them sick or even killed them,” said Mr. Marler. “Civil litigation is a way of making companies responsible.” Asked what he feels is contributing to the recent increase in food recalls, Mr. Marler said, “It’s really crazy these recalls, the wheels of the food safety bus has kind of all come off and in 14 years of doing this, I’ve never seen this kind of activity.” Mr. Marler said he thought recalls were based on the moral judgment of companies. “Unfortunately we don’t live in a world where businesses make decisions on pure moral decisions; the economics is they might not get caught and hedge on the side of the product, even if it may be contaminated,” he said. Mr. Marler referenced a beef recall of Topp’s frozen hamburgers and the sickness a child in Florida experienced. “For every one person counted by Center for Disease Control, there’s between 20 and 40 times that number that actually got sick and it’s difficult to prove a case on their behalf ; most companies are betting that if doesn’t get in the news or don’t recall they maybe won’t get caught.”

Full article below:

Bush backs tougher product safety measures

Posted by Botulism Attorney on November 07, 2007

WOW – what a headline. I almost dropped my laptop as I read CNN MONEY last evening. According to the CNN report, President Bush said he backed tougher product safety measures that would give mandatory recall authority to the Food and Drug Administration and increase penalties on companies that import unsafe products into the United States. However, let’s be honest, although the media hype has warned us against the risk of evil “imported food,” guess how many food poisoning cases I have done out of thousands in 15 years that involved imported food – a handful. The reality is the nearly every major foodborne illness outbreak has been “home grown.” USA food companies do a great job of poisoning fellow countrymen – 76,000,000 a year according to the CDC.

As for recall authority, is it really real? Will it apply to US companies and domestic products? As the President said:

"The FDA will be empowered to order a recall when a company refuses to recall their product voluntarily, or moves too slowly in removing an unsafe product from the market," he said. "With this authority, the FDA will be in a position to act quickly when the problem occurs."

Hmmm, how exactly does this differ from the system we have now? What about recalls of domestically produced poisoned products? Well, let’s see what happens with this all gets in front of Congress and the hordes of lobbyists.

E. coli "Superbug" kills hundreds in England Each Year

Posted by E. coli Lawyer on November 07, 2007

The BBC reported yesterday that a “Superbug,” which kills hundreds of patients a year has been found on 32 farms in England. The discovery raises fears that the infection is spreading to the human population through meat and milk. The bug – ESBL E. coli [Extended-Spectrum Beta-Lactamases Escherichia coli] is estimated to cause 30,000 cases of blood poisoning and urinary tract infection each year. According to the report, it is known to have killed hundreds of people over the past 5 years, although some experts put the annual death toll as high as 4,000. This "Super E. coli" is thought to have developed a high degree of resistance to antibiotics through their use in intensive livestock operations. Its spread from farm to farm has mirrored the rise in the number of infections and deaths in the human population.

This is one of those news reports that makes you want to go back to bed and pull the covers over your head. I have not seen any data to link the same bug to illnesses or death in the United States - yet.

Off To The "Big Apple" - YUM

Posted by Bill Marler on November 06, 2007

I leave in the morning (a few hours away actually) to NYC in part to meet several new clients from the Topps E. coli outbreak, but also to meet with representatives of YUM Brands to try and resolve several E. coli cases stemming from the Taco Bell E. coli outbreak of 2006. Interestingly, today, YUM Brands outlined its third-quarter financials:

The domestic division of YUM Brands has been struggling. In the company's third quarter, U.S. profit grew only 1 percent. Even worse, same-store sales, or sales at stores open at least a year, dropped 6 percent at Taco Bell. Much of the problem rests with the Mexican fast food chain, which is still reeling from an E. coli outbreak last year and publicity related to a rat infestation in a KFC/Taco Bell New York City restaurant in February.

The company says its U.S. business is starting to turn around and sees signs of a recovery at Taco Bell. "With each month that passes, those memories tend to fade from the consumers' minds," says Morningstar analyst John Owens.

Hopefully, we will be able to resolve all the cases without the necessity of further litigation. There is nothing like a little litigation to help folks remember things - perhaps we can re-run the famous YouTube video shot in NYC:

Guest Commentator in November's Prairie Farmer

Posted by Bill Marler on November 06, 2007

I was proud to be asked to be a guest commentator in this month's Prairie Farmer. Click on the below to download the PDF of my Op-ed.

Safe Food in the US is a Train Wreck

Posted by E. coli Attorney on November 05, 2007

I missed a call from Josh Funk of Omaha AP and he figures out why our food safety net has so many holes in it without me - go figure. This quote may say it all:

"I think the food industry has a very long history of not doing anything on food safety unless it has to," said Marion Nestle, a New York University professor who wrote a book on the subject.

Josh’s full article is here and some quotes below show the problems with Food Safety in the US.

Critics decry U.S. food safety system

Peanut butter is regulated by the Food and Drug Administration. But chicken pot pies are the U.S. Department of Agriculture's responsibility. Frozen cheese pizzas - FDA. But if there's pepperoni on them, USDA has jurisdiction, too. Peanut butter is regulated by the FDA, while pot pies are regulated by the USDA, because USDA has long had authority over meat and poultry.

When Peter Pan peanut butter was linked to a salmonella outbreak in February, ConAgra Foods Inc. recalled it as soon as federal health officials raised questions. But when ConAgra's Banquet-brand chicken and turkey pot pies were tied to a similar salmonella outbreak in October, the Omaha company waited two days to recall them, first issuing only a consumer health warning.

Neither the FDA nor the USDA had the authority to order ConAgra to recall the products. In fact, all food recalls, except for those involving infant formula, are voluntary. Often, the government gets a product recalled by warning the company it could face bad publicity if it does not withdraw the food.

Frankly, I am not sure a single agency, or the government for that matter (remember how well it did in Hurricane Katrina), will solve the problem of companies selling poisoned products to customers. Perhaps when farmers, ranchers, shippers, middlemen of all sorts, manufacturers, wholesalers, retailers and restaurants all recall that customers could be their kid, they would put safety before profits. Perhaps when politicians, governmental officials, regulators, health departments, et al, realize that they work for the people and not business, and their duty is to protect the people, Josh will have less to write about and I will be out of a job. As I recently wrote in FOOD SAFETY MAGAZINE:

Food Safety & the CEO - Keys to Bottom Line Success

Ultimately, dedication to food safety must go beyond the company's HACCP programs in terms of compliance, implementation, testing and auditing. This commitment starts at the top of the organization with the CEO, president and senior management team. Managing the business in a way that pays more than lip service to food safety will produce high-quality, profitable products that don't make people sick, and is essential to the continued health of your bottom line and the health of your consumers.

One interesting thing - of the top ten recent visitors to my blog today, four of them, ConAgra, General Mills, Cargill and Tysons are food companies - three who I have sued, some repeatedly.

The bloggers at "barfblog" quoted some of my above ramblings this afternoon in a post entitled:

Will more inspectors make food safer?

Doug Powell expressed a similar notion this morning, "You can't inspect your way to a safe food supply," said Douglas Powell, scientific director at Kansas State University's International Food Safety Network. "You can't have an inspector on every site 24/7 to inspect every piece of food that goes to market. You have to create a culture where everyone from the farm to the processing facility, people at restaurants, consumers at home are more in tune with the culture of food safety. People need to get really religious about this. Food safety is everyone's responsibility."

To drive the point home that our food is at risk, see Dave Savini, Investigative Reporter of CBS 2 Chicago WBBM TV report called - "What's for Dinner?"

E. coli Totino's and Jeno's Pizza in Tennessee, Kentucky, Missouri, New York, Virginia, Ohio, Pennsylvania, Illinois, Wisconsin and South Dakota

Posted by E. coli Attorney on November 04, 2007

It was a good day to be a lawyer. I got this email from Carol of Bonfield, IL:

Hi, just wanted to tell you I saw your picture and article in the November issue of the Prairie Farmer. Yes, it would be nice to put you out of business, but it is still good to know there is someone fighting for the little guy when it comes to food that makes someone so sick or dead.

I have also been handling emails and phone calls (between kids soccer games, a swim meet and basketball practice) from people who believe that they may have been sickened by the Pizza. We have been ordering Health Department records to see if these illnesses are linked to the nationwide E. coli recall.

As all my avid blog readers know, 5 million frozen pizzas sold nationwide under the Totino's and Jeno's labels have been recalled because of E. coli contamination. The problem appears to have come from pepperoni on pizzas produced at a General Mills plant in Ohio. The recall covers pizzas containing pepperoni that have been produced since July (over 120,000,000 pizzas were produced at that plant), when the first of 21 E. coli illnesses emerged.

The Centers for Disease Control and Prevention (CDC) said that eight of the 21 victims have been hospitalized, and four have developed acute kidney failure. Eight of the cases were reported in Tennessee, with the other 11 cases found in Kentucky, Missouri, New York, Virginia, Ohio, Pennsylvania, Illinois, Wisconsin and South Dakota.

Expecting General Mills to mount a "you did not cook the E. coli (a.k.a. cow poop) out of it" defense, I went to YouTube to find the answer - How To Cook A Totinos Pizza In Three Easy Steps?

The specific products in the recall listed by brand, product and SKU number include:

• Totino's ---Party Supreme--42800-10700
• Totino's--Three Meat--42800-10800
• Totino's--Pepperoni--42800-11400
• Totino's--Pepperoni--42800-92114
• Totino's--Classic Pepperoni--42800-11402
• Totino's--Pepperoni Trio--42800-72157
• Totino's--Party Combo--42800-11600
• Totino's--Combo--42800-92116
• Jeno's--Crisp 'n Tasty Supreme--35300-00561
• Jeno's--Crisp 'n Tasty Pepperoni--35300-00572
• Jeno's--Crisp 'n Tasty Combo--35300-0057

I spent a bit of time today researching E. coli O157:H7 cases tied to Salami and Pepperoni. Here is what I found:

Cargill, getting reacquainted with the Enemy

Posted by E. coli Lawyer on November 04, 2007

As the number of Cargill-related E. coli recalls has grown, we have pulled a few of our past E. coli battles with Cargill and its many subsidiaries. We have spent a bit of time over the years with Cargill and its lawyers.

1993 and 2000 Sizzler outbreak linked to Cargill/Excel

2001 Cargill/Excell Linked to Frozen Beef E. coli

2002 Cargill/Emmpak “fresh” ground meat linked to E. coli

A bit more history about Cargill - In 1995 Cargill announced the “End of E. coli” in the pages of the New York Times. Now, 12 years later it has recalled nearly 2,000,000 pounds of hamburger (that is nearly enough to give every New Yorker a quarter pounder) in October and November recalls. Jane Genova, fellow blog addict, posted twice on what "Big Beef" needs to do to fix the problem and the PR. This post also warranted a post by a top-shelf Florida Law Blogger - Labovick - entitled "Cargill-beef-recall-is-a-walk-down-memory-lane"

Cargill Meat Solutions is the umbrella organization of Cargill’s beef, pork and turkey businesses. A key part of Cargill Meat Solutions was Excel Corporation, which began business nearly 70 years ago and grew from a Midwestern beef company to also include pork, processed meats, case ready meats and food distribution centers. Follow the Timeline:

China Struggles with Food and Environmental Safety

Posted by Food Poisoning Attorney on November 04, 2007

Like the USA, China struggles with food and environmental safety too. While we here seem to face recalls, and illnesses stemming from them, on a daily basis - hamburger, pot pies and pizzas over just the last few weeks, China has its own set of challenges - And, four times the number of people.

China approves food safety law

The Chinese government approved in principle on Wednesday a new food safety law aimed at raising standards at every level of production, a senior official said. "This law totally covers how to standardize our food products' production, processing, sale and supervision," Li told reporters. "I believe that the promulgation of this law will certainly effectively raise China's food safety situation and guarantee food safety and people's health," he said, but gave no timetable. The law mandates better release of information about food safety issues, higher fines for wayward firms and punishment of officials who act irresponsibly, and guarantees the public's right to compensation and to sue, the central government said on its Web site (www.gov.cn). Food imports and exports will also be more closely examined, it added.

Polluted harbor hits Batman stunt

Batman may have a body of steel, but the caped crusader is no match for the pollution in Hong Kong's iconic harbor. A scene in which Batman was to drop from a plane into the harbor has been axed after the movie's producers found the water quality could pose a potential health risk, the South China Morning post reported. "But when they checked a water sample, they found all sorts of things, salmonella and tuberculosis, so it was cancelled. Now the action will cut to inside a building."

And, it gave me another excuse to show some more photos of my last trip to China. There is also next years Food Safety Conference in Beijing - September 2008.

What Came First, the Decision to Test or the Recall?

Posted by E. coli Attorney on November 03, 2007

The Canadian Food Inspection Agency (CFIA) today warned the public not to consume the various beef products described in the link above because these products may be contaminated with E. coli O157:H7 bacteria. The affected products described at the link above are being recalled as a result of the CFIA’s investigation and traceback conducted on contaminated beef involving Ranchers Beef Ltd.(Establishment 630), Balzac, Alberta. In other news, the USDA's Food Safety and Inspection Service said it would increase testing for salmonella, listeria monocytogenes and E. coli O157:H7. [Is FSIS only testing Canadian Beef?] The agency said it would require the products be held until testing shows they do not contain any of those pathogens. Meat and poultry products being imported from Canada will be subjected to increased testing and inspection after an outbreak of E. coli in several U.S. states traced to beef from a Canadian company, the U.S. Agriculture Department said on Saturday. All of this is of course after at least 40 people in the United State and 45 in Canada have been sickened.

Salmonella Tomato Outbreak Tied to Quiznos

Posted by Salmonella Attorney on November 03, 2007

Investigation continues into salmonella contamination

Once again the Minnesota Department of Health shows how to do an EPI investigation - Health officials still seek the cause of a foodborne illness outbreak that briefly closed a Rochester restaurant in mid-October. Quizno's Subs at 3499 22nd Ave. N.W. closed for one day because salmonella made 10 workers and customers sick. "At last count we had 22 cases, only one person hospitalized and released," said Doug Schultz, spokesman for the Minnesota Department of Health. "We're still investigating the outbreak, and part of that investigation involves produce items being the likely vehicle for the contamination." Tomatoes are suspected, but no definitive cause has been confirmed.

We have been contacted by two Rochester residents who are two of the 22 culture-positive cases.

Monroe Iowa Teen, Kayla Boner, Dies From E. coli

Posted by E. coli Lawyer on November 03, 2007

KCCI reported late yesterday that the Jasper County Health Department said Friday that a 14-year-old Iowa girl died after testing positive for E. coli. A spokesperson for Blank Children’s Hospital said Kayla Boner died Friday morning. She was admitted to the hospital Tuesday morning. Hospital officials said they’ve treated three patients with E. coli in the last two weeks. Polk County Health officials said they know of at least six E. coli cases in the county. Jasper County Health Department officials said they don’t believe Boner’s case is linked to any of the other cases. That previous story - Three Children Test Positive For E coli

And, I get to watch my 15 year old girl play soccer today.

Cargill recalls over 1 million pounds of ground beef - again

Posted by E. coli Attorney on November 03, 2007

For some reason I could not sleep and woke-up quite early this morning to this in my in box - Cargill Meat Solutions Recalls Ground Beef Action due to possible E. coli O157:H7 contamination. I then saw the following press release from Cargill Meat Solutions [YOU MUST WONDER WHY THEY SEND OUT THE PRESS RELEASE ON A SATURDAY MORNING - PERHAPS NO ONE WILL NOTICE?]:

Cargill s voluntarily recalling approximately 1,084,384 pounds of ground beef produced at its Wyalusing, Pa., Cargill Regional Beef facility because of the possible presence of E. coli O157:H7. The ground beef products subject to recall were produced at the Wyalusing plant between Oct. 8 and 11, 2007, and were distributed to retailers nationwide. Cargill learned of the possibility of contamination after the U.S. Department of Agriculture returned [WHEN WAS IT RETURNED] a confirmed positive on a sample of product produced Oct. 8, 2007. Each package or label bears the establishment number “Est. 9400” inside the USDA mark of inspection. As the use/freeze-by dates for products subject to this recall have expired, consumers are urged to look in their freezers for these products and return or discard them if found. In addition to the above listed products, there are various weights and varieties of ground beef, ground chuck, and ground sirloin product that were distributed for further processing and repackaging and will not bear the same establishment number on the package [MEANS - WE HAVE NO IDEA WHERE THE REST OF THIS STUFF IS].

This from the Company that wants to sell you "Fake Red Meat." Yesterday I was retained by two more families of two additional HUS victims of the earlier Cargill 1 million pound recall. Products subject to this new recall are:

Also, remember Cargill's 1 million pound recall from last month? In that one Cargill products were sold at retail establishments, including Sam’s Club, and to restaurants and other institutions throughout the United States. Since the investigation into that recall began in Minnesota, E. coli illnesses tied to Cargill ground beef products have been identified in Minnesota (5), Wisconsin (5), North Carolina (2) and Tennessee (3). I think we can correctly assume that the numbers of ill people will continue to climb both from last months recall and from this months - another "million pound month."

Blog Post 1,000 - Recall those Poisoned Pizzas

Posted by Salmonella Lawyer on November 02, 2007

To have as my 1000th blog post another story about another recall that is not really a recall is far less amusing than it used to be. Dana Rebik reported that Recalled Pizza are Still On Store Shelves in Memphis Tennessee.

About 5 million Totino's and Jeno's frozen pizzas with pepperoni are being recalled. The pepperoni may be contaminated with E. coli. Millions of frozen pizzas are being recalled but today we found them still for sale at stores here in Memphis. We went to a few different grocery stores and found a Totino’s pepperoni pizza still in the freezer at the Save-A-Lot at Jackson and Decatur. We went back into the store to talk to the manager and ask why. He says he thought he had pulled all of them this morning, but must have not seen that one. The manager says he was actually the one who was proactive about pulling these pizzas this morning, after he heard about the recall. He says Save-A-Lot corporate did not send any notice to his store, and he really did think he had gotten them all out.

We have a silly system of food safety in this country. There should not be poisoned pizzas available for sale.

Man's death won't stop pot pie case against ConAgra

Posted by Salmonella Attorney on November 02, 2007

It's still unclear whether man died from tainted food

A Northwestern Michigan College student who was hospitalized after eating tainted pot pies recently died at his campus apartment. Medical personnel at a Grand Rapids hospital are conducting tests on the body of David Small, 51, after a friend and a college official found him dead inside his college apartment around 6 p.m. Tuesday. The concerned friend went to Small's apartment building at 1884 E. Front St. to check on him after he missed an Oct. 29 meeting, Traverse City Police Capt. Steve Morgan said Thursday.

"We are currently awaiting toxicology reports to see if there were any medicines or prescriptions that may have been involved here," Morgan said, adding that he expects the test results within the next couple weeks. "The initial investigation didn't show any signs of foul play or anything suspicious at all."

Small filed a lawsuit last week in circuit court against ConAgra Foods Inc. and Tom's Food Markets Inc. He said he was infected with salmonella after eating tainted pot pies in September. ConAgra recalled all of its store-brand and Banquet pot pies Oct. 11 after an investigation by the Center of Disease Control linked the pies to recent salmonella outbreaks in several states.

Authorities said Small suffered from health issues and was prescribed several medications. Small was admitted to Munson Medical Center with gastrointestinal problems Sept. 27 and was released two days later after testing positive for salmonella, the lawsuit read.

R. Drew Falkenstein, one of several attorneys of Washington-based firm Marler Clark working with outbreak victims, said Small's case will move along, despite his death.

"We obviously have to do some investigation to see if there is any relation between his death and the salmonella poisoning,' Falkenstein said. "We absolutely intend to pursue the claim. His estate still has the right to bring any claims under Michigan law that he was entitled to bring when he was alive."

New E. coli-related Hemolytic Uremic Syndrome article

Posted by E. coli Attorney on November 02, 2007

Between taking E. coli-related phone calls and emails from people who consumed Totino's and Jeno's Pizzas, I had some time to read an article on possible treatment for HUS. Abstract below:

Postdiarrheal Shiga toxin-mediated hemolytic uremic syndrome similar to septic shock.

Valles PG, Pesle S, Piovano L, Davila E, Peralta M, Principi I, Lo Giudice P. Medicina (B Aires). 2005;65(5):395-401.

The inflammatory response of host endothelial cells is included in the development of vascular damage observed in enterohemorrhagic Escherichia coli (EHEC) infection, resulting in hemolytic uremic syndrome (HUS). The response to a non-conventional treatment for a group of D+ HUS (diarrhea positive HUS) patients, with clinical hemodynamic parameters of septic shock was evaluated in this prospective study (1999-2003). Twelve children 2.8 +/- 0.6 years old, with D+ HUS produced by E. coli infection with serological evidence of Shiga toxin, presenting severe unstable hemodynamic parameters and neurological dysfunction at onset, were studied. The protocol included fresh frozen plasma infusions, methylprednisolone pulses (10mg/k/day) for three consecutive days and plasma exchange for five days, starting after admission to the intensive care unit (ICU). The twelve patients with increased pediatric risk of mortality (PRISM) score: 18 +/- 2 after admission to intensive care unit (ICU), required dialysis for 17.4 +/- 4 days, mechanical ventilator assistance for 10 +/- 1 days and early inotropic drugs support for 10.5 +/- 1 days. Neurological dysfunction included generalized tonic-clonic seizures lasting for 5.4 +/- 1 days, n:8. Focal seizures were present in the remaining patients. Dilated cardiomyopathy was present in 6 children. Eight children suffered hemorrhagic colitis. Nine patients survived. Within one year of the injury, neurological sequelae, Glasgow outcome scale (GOS) 3 and 4, were present in two patients, chronic renal failure in one patient. We suggest that early introduction of this protocol could benefit D+ HUS patients with hemodynamic instability and neurological dysfunction at onset. Further studies are likely to elucidate the mechanisms involved in this early adverse clinical presentation of D+ HUS patients.

Marler Clark Calls on General Mills to Recall All E. coli-Contaminated Totino's and Jeno's Pizza and to Pay the Medical Bills of All 21 Victims

Posted by E. coli Lawyer on November 01, 2007

General Mills is the “sixth largest food company in the world” with revenues for 2007 estimated to be nearly $12,500,000,000. General Mills announced today that since July 1 of this year, it had distributed more than 120 million Totino's and Jeno's pizzas nationwide. Surprisingly, in light of 21-reported E. coli illnesses tied to these products, General Mills has only recalled 5 million of the 120 million pizzas produced. “General Mills should immediately expand the recall to all 120 million pizzas produced during the time-frame that people were sickened,” said Bill Marler, the Seattle attorney who has dedicated his law practice to representing victims of E. coli outbreaks. According to the CDC, the earliest case was reported on July 20, and the latest was reported on October 10. The ten states reporting illness are, Illinois (1), Kentucky (3), Missouri (2), New York (2), Ohio (1), Pennsylvania (1), South Dakota (1), Tennessee (8), Virginia (1), and Wisconsin (1).

Marler also called on General Mills to immediately pay medical costs for the victims of the E. coli outbreak. “Without assistance in the form of monetary compensation for medical expenses, many of the families with members who were hospitalized will face financial hardship in the coming months when the bills start coming in,” said Marler. “General Mills should do the right thing and begin compensating victims of this outbreak for those most basic needs now,” Marler added.

Marler noted that other companies like Dole, Odwalla, ConAgra and Jack in the Box willingly paid medical bills when their products were identified as the source of E. coli outbreaks. “General Mills knows it’s going to pay those medical expenses in the end in the form of a settlement or jury verdict,” Marler continued. “The question is, since they know their product was the cause of these illnesses, why wait?”

Several times a month Bill speaks to industry and government throughout the United States on why it is important to prevent foodborne illnesses. He is also a frequent commentator on food litigation and safety on www.marlerblog.com. Bill also sponsors several websites related to E. coli, including www.about-ecoli.com, www.about-hus.com and www.ecoliblog.com. Bill can be reached at bmarler@marlerclark.com or 1-206-346-1890

Pizza E. coli Update and Background

Posted by E. coli Attorney on November 01, 2007

According to the General Mills website, it is the “sixth largest food company in the world." It is also a Fortune 500 company with headquarters in Minnesota, with revenues for 2007 estimated to be nearly $12,500,000,000. On today's news of poisoned pizzas, General Mills shares were down $1.08, or 1.87 percent, at $56.65 on the New York Stock Exchange.

According to today's new's reports, since July 1 of this year, General Mills said Totino's and Jeno's have distributed more than 120 million pizzas nationwide. The frozen pizza products were produced in the company's Wellston, Ohio, plant and distributed nationwide. Surprisingly, General Mills has only recalled 5 million of the 120 million pizzas produced. One wonders if more will be recalled over the coming days.

According the the CDC, the earliest case was reported on July 20, and the latest was reported on October 10. The ten states reporting illness are, Illinois (1), Kentucky (3), Missouri (2), New York (2), Ohio (1), Pennsylvania (1), South Dakota (1), Tennessee (8), Virginia (1), and Wisconsin (1). Still no announcement by General Mills that it will take care of the victims by paying medical bills and wage loss.

I'm sure we will hear more about this in the coming days.

E. coli O157:H7 Illnesses linked to General Mills Totino's Pizza in Illinois, Kentucky, Missouri, New York, Ohio, Pennsylvania, South Dakota, Tennessee, Virginia, and Wisconsin.

Posted by Food Poisoning Attorney on November 01, 2007

General Mills Operations, a Wellston, Ohio, establishment, is voluntarily recalling an undetermined amount of frozen meat pizza products because they may be contaminated with E. coli O157:H7 and may be linked to an outbreak of E. coli O157:H7 illnesses, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today.

The following products are subject to recall:

•10.2-ounce packages of “Totino’s The Original Crisp Crust Party Pizza Pepperoni.”
•10.2-ounce packages of “Totino’s The Original Crisp Crust Party Pizza, Classic Pepperoni.”
•10.2-ounce packages of “Totino’s The Original Crisp Crust Party Pizza, Pepperoni Trio.”
•10.7-ounce packages of “Totino’s The Original Crisp Crust Party Pizza, Combination Sausage & Pepperoni Pizza.”
•10.5-ounce packages of “Totino’s The Original Crisp Crust Party Pizza, Three Meat Sausage, Canadian Style Bacon & Pepperoni Pizza.”
•10.9-ounce packages of “Totino’s The Original Crisp Crust Party Pizza, Supreme Sausage & Pepperoni Pizza with Green Peppers & Onions.”
•6.8-ounce packages of “JENO’S CRISP `N TASTY PIZZA, PEPPERONI.”
•7.0-ounce packages of “JENO’S CRISP `N TASTY PIZZA, COMBINATION SAUSAGE AND PEPPERONI PIZZA.”
•7.2-ounce packages of “JENO’S CRISP `N TASTY PIZZA, SUPREME SAUSAGE AND PEPPERONI WITH GREEN PEPPERS AND ONION PIZZA.”

Each package also bears the establishment number “EST. 7750” inside the USDA mark of inspection as well as a “best if used by” date on or before “02 APR 08 WS.” The company applies the “best if used by date” on the package based on a 155-day shelf life, however consumers are urged to look in their freezers for similar frozen pizza products and discard them if found. The frozen meat pizza products subject to recall were produced on or before Oct. 30 and were distributed to retail establishments nationwide. The recall affects approximately 414,000 cases of pizza products currently in stores and all similar pizza products in consumers’ freezers. It includes eight SKUs (stock keeping units or UPC codes) of Totino’s brand frozen pizza and three SKUs of Jeno’s brand frozen pizza with pepperoni topping, or incorporating pepperoni in combination with other toppings.

The potential problem was uncovered by state and federal authorities investigating 21 occurrences of E. coli-related illnesses in 10 states. Approximately half of the individuals who became ill were hospitalized as a result. The earliest case reported to state authorities occurred on July 20, and the latest case reported occurred on Oct. 10. Nine of the 21 people reported having eaten Totino’s or Jeno’s pizza with pepperoni topping at some point prior to becoming ill. Since July 1 of this year, Totino’s and Jeno’s have distributed more than 120 million pizzas nationwide.

The problem was discovered following an investigation carried out by the Tennessee Department of Health in coordination with the Centers for Disease Control and Prevention into a multi-state cluster of E. coli O157:H7 illnesses that may be linked to this product. Illnesses occurred in Illinois (1), Kentucky (3), Missouri (2), New York (2), Ohio (1), Pennsylvania (1), South Dakota (1), Tennessee (8), Virginia (1), and Wisconsin (1). Illness onset dates ranged between July 20 and Oct. 10.

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