The Tale of Nebraska Beef Suing the Church Continues

You might recall a post I made several months back about Nebraska Beef suing the Salem Lutheran Church of Longville, Minnesota claiming, among other things:
  • That, upon information and belief, an environmental assessment of the church kitchen and food preparation procedures by the Minnesota Department of Health indicated that there was a high potential of cross-contamination between the ground beef [filled with pathogenic cow shit] and other foods during food preparation.
  • That, upon information and belief, the damages sustained by the Plaintiff[s], if any, [one died of E. coli-related complications, and one suffered acute kidney failure] are the direct and proximate result of the negligence and/or other fault for tortuous conduct of Third-Party Defendant Salem Lutheran Church.
Now, I just got notice that Nebraska Beef intends to put the pastor under oath – good gawd!

As you also might recall, in late July and early August 2006, the Minnesota Department of Health (MDH) received three E. coli O157:H7 stool isolates from residents of, and visitors to, Longville, Minnesota. Pulsed-field gel electrophoreses (PFGE) patterns for all three were indistinguishable, and the pattern had never been seen before in Minnesota. At the same time, MDH learned of an outbreak of gastrointestinal illnesses among members of the Salem Lutheran Church in Longville.

MDA and MDH learned that ground beef used to make meatballs for the church meal, as well as the ground beef purchased by numerous area restaurants, was purchased at Tabaka’s Supervalu. On July 17, members of the church had purchased 40 pounds of ground beef from the Supervalu. MDA conducted an on-site inspection at the store on August 7, 2006. MDH’s epidemiological investigation revealed seventeen illnesses that met the case definition. Of these, three people developed hemolytic uremic syndrome (HUS), and one patient died.

The MDA traceback of the chuck rolls from Interstate Meat revealed that the “most plausible” source of the chuck rolls delivered to the Supervalu was the Nebraska Beef processing plant. In addition to this, the USDA reported that a sample of beef trimmings collected on June 14, 2006 at a processing plant cultured positive for E. coli O157:H7, and that the isolate was indistinguishable by PFGE analysis to the outbreak strain. The processing plant was determined to be Nebraska Beef, the company that most likely supplied the implicated chuck rolls to Tabaka’s Supervalu.
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Attorney William Marler Recognized for Public Health Advocacy

William Marler, managing partner of Seattle-based Marler Clark, has been selected for a prestigious law award recognizing his work on behalf of a safer food supply. The Washington State Trial Lawyers Association (WSTLA) has selected him for the 2008 Public Justice Award, which is bestowed upon "an individual or organization whose efforts, courage, litigation, or innovative work results in the creation of a more just society." The award will be presented to Mr. Marler at the May 1, 2008 Law Day Dinner.

An accomplished personal injury lawyer and national expert in foodborne illness litigation, William Marler has been a major force in food safety policy in the United States and abroad. His advocacy for better food regulation has led to invitations to address local, national, and international gatherings on food safety, including recent testimony to US Congress Committee on Energy and Commerce.

Mr. Marler and his firm, Marler Clark, recently sponsored a two-day conference on food safety titled "Who's Minding the Store: The Current State of Food Safety and How it Can be Improved." The Seattle conference brought together national and local representatives of government, industry, consumer organizations, scientists, and the media. In addition, the conference featured a panel of international experts from China, New Zealand, the UK, and the European Union in a discussion of food safety in the global marketplace.

Mr. Marler was also recognized this year by the King County Bar Association (KCBA), which has selected him for the 2008 Outstanding Lawyer Award. The KCBA will present Mr. Marler with the award on June 26, 2008 at their annual awards dinner.
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CDC Reports Salmonella Agona in Colorado (1), Delaware (1), Maine (3), Massachusetts (2), Minnesota (1), North Dakota (1), New Hampshire (2), New Jersey (4), New York (3), Pennsylvania (1), Rhode Island (1), and Vermont (1) Tied to Malt-O-Meal

CDC is collaborating with public health officials in multiple states across the United States and with the U.S. Food and Drug Administration (FDA) to investigate a multi-state outbreak of Salmonella Agona infections. An investigation that includes interviews of persons with Salmonella Agona infections and comparison of the DNA fingerprints suggests that cereal from Malt-O-Meal unsweetened Puffed Rice Cereals and unsweetened Puffed Wheat Cereals is likely related to these illnesses.

As of April 22, 2008, state and city health departments from 12 states have identified 21 ill persons infected with same genetic fingerprint of Salmonella Agona. Ill persons with the outbreak strain have been identified from Colorado (1), Delaware (1), Maine (3), Massachusetts (2), Minnesota (1), North Dakota (1), New Hampshire (2), New Jersey (4), New York (3), Pennsylvania (1), Rhode Island (1), and Vermont (1). Onset dates, which are known for 13 patients, ranged from January 22 to March 8, 2008. Patients’ ages ranged from 4 months to 95 years with a median age of 66 years. Five hospitalizations and no deaths have been reported.

This might sound a bit familiar:

Multistate Outbreak of Salmonella Serotype Agona Infections Linked to Toasted Oats Cereal -- United States, April-May, 1998

During April-May 1998, a total of 11 states reported an increase in cases of Salmonella serotype Agona infections; as of June 8, a total of 209 cases have been reported and at least 47 persons have been hospitalized, representing an eightfold increase over the median number of cases reported in those states during 1993-1997. The states reporting increases were Illinois (49 cases), Indiana (30), Ohio (29), New York (24), Missouri (22), Pennsylvania (20), Michigan (15), Iowa (8), Wisconsin (6), Kansas (4), and West Virginia (2). This report summarizes the outbreak investigation by local, state, and federal public health officials, which implicated Millville brand plain Toasted Oats cereal manufactured by Malt-O-Meal, Inc. as the cause of illness. Among 162 patients in this outbreak for whom information was available, 85 (52%) were female. Most cases occurred in children and the elderly (47% in persons aged less than 10 years and 21% in persons aged greater than 70 years).

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First Chipotle in San Diego, now I-Hop In New Mexico with Hepatitis A

A day after I listened to Bill Richardson, Governor of New Mexico, give a great speech in Seattle, restaurant workers in New Mexico are diagnosed with hepatitis A.  Two Albuquerque I-HOP restaurants are under the microscope after two of its workers were diagnosed with hepatitis A.
According to the New Mexico Department of Health, the employees work at the I-HOP on Wyoming and Paseo and at the one near Interstate-25 and Montano.
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18 and rising - Hepatitis A Cases Linked to Chipotle

Four more hepatitis A cases have been linked to a Chipotle restaurant in La Mesa, California, bringing the total number of confirmed cases to 18.  Local Health and Human Services officials said no employees at the Chipotle restaurant tested positive for hepatitis A.   Health officials are recommending that anyone who ate at the restaurant between March 1 and April 22 get checked by a doctor.  Hepatitis A is commonly transmitted when an object contaminated with the stool of someone with hepatitis A comes in contact with another person’s mouth.  Exposure also can occur when an individual consumes food or water contaminated with the Hepatitis A virus, according to the health department.  Symptoms of hepatitis A include fever, fatigue, nausea and jaundice.
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La Mesa California Chipotle Mexican Grill Hepatitis A Outbreak Update

Illnesses as of a few moments ago are holding at 14. However, San Diego Health officials have advised people who ate at the restaurant, at 8005 Fletcher Parkway, between March 1 and April 22 to see a doctor if they are experiencing symptoms of the viral infection.

Hepatitis A is one of five human hepatitis viruses (hepatitis A, B, C, D, and E) that primarily infect the liver and cause illness. An estimated 80,000 cases occur each year in the U.S., although much higher estimates have been proposed based on mathematical modeling of the past incidence of infection. Each year, an estimated 100 persons die as a result of acute liver failure in the U.S. due to hepatitis A, but the rate of infection has dramatically decreased since the hepatitis A vaccine was licensed and became available in the U.S. in 1995.

Hepatitis A is a communicable (or contagious) disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Food contaminated with the virus is the most common vehicle transmitting hepatitis A. The food preparer or cook is the individual most often contaminating the food, although he or she is generally not ill at the time of food preparation. The peak time of infectivity, when the most viruses are present in the stool of an infectious individual, is during the two weeks before illness begins. Although only a small percentage of hepatitis A infections are associated with foodborne transmission, foodborne outbreaks have been increasingly implicated as a significant source of hepatitis A infection.

Hepatitis A may also be spread by household contact among families or roommates, sexual contact, ingestion of contaminated water, ingestion of raw or undercooked fruits and vegetables or shellfish (like oysters), and from persons sharing illicit drugs. Children often have asymptomatic or unrecognized infections and can pass the virus through ordinary play to family members and other children and adults. We have been involved in representing families who have suffered from this virus.

* Carl’s Jr. Hepatitis A Outbreak - Washington
* Chi-Chi’s Hepatitis A Outbreak - Pennsylvania
* D’Angelo’s Deli Hepatitis A Outbreak - Massachusetts
* Friendly’s Hepatitis A Exposure - Massachusetts
* Houlihan’s Hepatitis A Exposure - Illinois
* Maple Lawn Dairy Hepatitis A Outbreak - New York
* McDonald’s Hepatitis A Outbreak - Washington
* Quizno’s Hepatitis A Exposure - Massachusetts
* Soleil Produce Hepatitis A Outbreak - California
* Subway Hepatitis A Outbreak - Washington
* Taco Bell Hepatitis A Outbreak - Florida
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Sarpy County Nebraska E. coli Roast Beef Outbreak Sickens 14

Outbreak supports the rationale for expanding E. coli O157:H7 as an adulterant on all meats, including those formerly considered “intact.”

According to Nebraska State health officials, an E. coli outbreak in Sarpy County has sickened 14 people -- including a 7-year-old -- and sent four people to the hospital. The E. coli outbreak was caused by roast beef served at a reception hall in Sarpy County for a private gathering on March 26. The people affected ranged in age from 7 to 73.  It appears that the “mystery ingredient,” in addition to E. coli O157:H7 were cloves that broke the surface of the roast beef prior to cooking, probably inserting the E. coli bacterium into the meat where cooking was not sufficient to kill the bacteria.

Two weeks ago I attended an FSIS conference where FSIS officials explained the E. coli adulterant rationale on intact meat.  Currently, intact product distributed for consumption as intact product - designated primal and sub-primal cuts such as roasts and steaks - is not considered adulterated if it is contaminated with E. coli.

The USDA's proposal to consider E coli O157:H7 an adulterant in primal cuts of beef - those that are intact and thought to have a sterile interior - officials said they were concerned about cross-contamination during meat preparation. Daniel Engeljohn, deputy assistant in the FSIS Office of Policy and Program development, said some primal cuts are being made into ground beef, and some of them may not have received an antimicrobial treatment that is typically applied to boneless trim.

The Centers for Disease Control and Prevention (CDC) estimated in 1999 that 73,000 cases of E. coli O157:H7 occur each year in the United States. Approximately 2,000 people are hospitalized, and 60 people die as a direct result of E. coli O157:H7 infections and complications. The majority of infections are thought to be foodborne-related, although E. coli O157:H7 accounts for less than 1% of all foodborne illness. We have been involved in representing families who have suffered from this bacterium.

* AFG / Supervalu E. coli Outbreak - Minnesota
* AgVenture Farms Petting Zoo E. coli O157:H7 Outbreak Litigation - Florida
* Bauer Meat E. coli Litigation - Georgia
* BJ’s Wholesale Club E. coli Litigation - New York and New Jersey
* Captain’s Galley Seafood Restaurant E. coli Outbreak - North Carolina
* Cargill E. coli Outbreak - Nationwide
* Carneco / Sam’s Club E. coli Outbreak - Wisconsin & Michigan
* CCC Alternative Learning Daycare E. coli Outbreak - Texas
* China Buffet E. coli Outbreak - Minnesota
* ConAgra Ground Beef E. coli Outbreak - Nationwide
* Crossroads Farm Petting Zoo E. coli Outbreak - North Carolina
* Dee Creek Farm E. coli Outbreak - Washington & Oregon
* Dole Lettuce E. coli Outbreak - Minnesota, Wisconsin, and Oregon
* Dole Spinach E. coli Outbreak - Nationwide
* Emmpak E. coli Outbreak - Wisconsin
* Excel E. coli Outbreak - Georgia
* Finley Elementary School E. coli Outbreak - Washington
* Fresno Meat Market E. coli Outbreak - California
* Gold Coast Produce E. coli Outbreak - California
* Golden Corral E. coli Outbreak - Nebraska
* Habaneros E. coli Outbreak - Missouri
* Jack in the Box E. coli Outbreak - Western States
* Karl Ehmer Meats E. coli Outbreak – New Jersey
* KFC E. coli Outbreak - Ohio
* Kid’s Korner Daycare E. coli Outbreak - Missouri
* Kindercare E. coli Outbreak - California
* King Garden Restaurant E. coli Outbreak - Ohio
* Lane County Fair E. coli Outbreak - Oregon
* Nebraska Beef E. coli Litigation - Minnesota
* Olive Garden E. coli Outbreak - Oregon
* Organic Pastures E. coli Outbreak - California
* Parsley E. coli Outbreak - Washington & Oregon
* Peninsula Village E. coli Outbreak - Tennessee
* PM Beef Holdings, Lunds & Byerly’s E. coli Outbreak
* Robeson Schools E. coli Outbreak - North Carolina
* Rochester Meat Company E. coli Outbreak - Wisconsin, California
* Sizzler E. coli Outbreak - Wisconsin
* Sodexho Spinach E. coli Outbreak - California
* Spokane Produce E. coli Outbreak - Washington, Oregon, Idaho
* Stop & Shop E. coli Case - New Hampshire
* Taco Bell E. coli Outbreak - Northeast
* Taco John’s E. coli Outbreak – Iowa and Minnesota
* Topps and Price Chopper E. coli Case - New York
* Topps Meats E. coli Outbreak - Nationwide
* Totino’s and Jeno’s Pizza E. coli Outbreak - Nationwide
* United Food Group E. coli Outbreak - Western States
* Washington County Fair E. coli Outbreak - New York
* Wendy’s E. coli Outbreak - Oregon
* Wendy’s E. coli Outbreak - Utah
* White Water Water Park E. coli Outbreak - Georgia


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Hepatitis A Illnesses Increase to 14 at San Diego Chipotle

Those sickened include six women and eight men, ranging in age from 23 to 55.  The concern is over anyone who dined at the restaurant located at 8005 Fletcher Parkway between March 1 and April 22.

Anyone who is symptomatic for Hepatitis A should immediately see his or her doctor to be screened for the illness.  Symptoms include fever, fatigue, loss of appetite, nausea, abdominal discomfort, dark urine, and jaundice.

Although it appears at this point, food service workers may not be the cause of this outbreak, Phyllis Entis at efoodalert correctly notes that “only St. Louis County in Missouri and Clark County, Nevada mandate this [Hepatitis A vaccines for food service workers].” Phyllis goes on the point out:
The CDC Advisory Committee on Immunization Practices (ACIP) has this to say about hepatitis A and food handlers:
"Foodborne hepatitis A outbreaks are recognized relatively infrequently in the United States. Outbreaks typically are associated with contamination of food during preparation by an HAV-infected food handler; a single infected food handler can transmit HAV to dozens or even hundreds of persons (34,36,37,78--81). However, the majority of food handlers with hepatitis A do not transmit HAV. Food handlers are not at increased risk for hepatitis A because of their occupation. However, among the approximately 40,000 adults with hepatitis A reported during 1992--2000 for whom an occupation was known, 8% were identified as food handlers, reflecting the large number of persons employed in the food service industry (34). Evaluating HAV-infected food handlers is a common and labor-intensive task for public health departments. In a 1992 common-source outbreak involving 43 persons, the estimated total medical and disease control cost was approximately $800,000 (82)."


Nevertheless, ACIP does not recommend routine vaccination of food handlers, on the grounds that this is not an occupation that presents increased risk of becoming infected with the virus. They don't appear to consider the potential benefits or cost-savings to the general public that food handler vaccination would bring.

Current CDC recommendations for hepatitis A vaccination include:

* all children under one year of age;
* adults who live in a community with a high rate of hepatitis A infection;
* males who have sex with other men;
* users of street drugs;
* those who work in or travel to countries with a high rate of hepatitis A infection;
* people with long-term liver disease;
* people who receive agents to help their blood clot; and
* people who work with hepatitis A virus-infected animals or who work with the virus in a research setting.

Roughly one-third (31% in 2006) of US residents already have long-term immunity to hepatitis A, either through prior infection or as a result of having been vaccinated. This proportion should continue to rise, if parents follow CDC recommendations and have their children immunized.

Meanwhile, the two-thirds of the public without immunity to hepatitis A are at risk of infection from the occasional asymptomatic – and symptomatic – carrier working as a food handler. Perhaps it's time for one of the major restaurant food chains to take the lead and require that its employees be tested for hepatitis A immunity and, if necessary, be vaccinated. Are you listening, Chipotle?
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E. coli O157:H7 in the News in Colorado and Nebraska

E. coli illnesses seem to be a part of nearly every news cycle. This week stories of illnesses have come from Colorado and Nebraska.

The Omaha World-Herald reports – “Sarpy County E. coli outbreak investigated”
State health officials are continuing to investigate an E. coli outbreak in Sarpy County that sickened 14 people — including a 7-year-old — and sent four people to the hospital. Dr. Tom Safranek, state epidemiologist, said the outbreak was caused by roast beef served at a reception hall in Sarpy County for a private gathering on March 26. The meat was prepared at a person's home and brought to the event, he said. The people affected ranged in age from 7 to 73. The four people who were hospitalized were released several weeks ago, he said.
The Rocky Mountain News reports – “Illness hits tornado-stricken family-Daughter hospitalized in latest crisis to hit Holly household”
A little more than a year after a tornado took his wife and turned his life upside down, Gus Puga finds himself in the throes of another family crisis — this time at the bedside of his seriously ill daughter. Little Noelia Puga, a 4-year-old bundle of energy, is in the pediatric intensive care unit at Children's Hospital, battling an E. coli infection. She was on dialysis and oxygen Thursday, but physicians expect her to make a full recovery, her father said.
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At least 12 sick with Hepatitis A after eating at Chipotle in San Diego, California

San Diego County health officials say they have identified six more cases of hepatitis A that may be linked to a restaurant in La Mesa, bringing to 12 the total number of people sickened. Those who became ill ate at the Chipotle Mexican Grill between March 1 and April 22.

Hepatitis A is one of five human hepatitis viruses (hepatitis A, B, C, D, and E) that primarily infect the liver and cause illness. An estimated 80,000 cases occur each year in the U.S., although much higher estimates have been proposed based on mathematical modeling of the past incidence of infection. Each year, an estimated 100 persons die as a result of acute liver failure in the U.S. due to hepatitis A, but the rate of infection has dramatically decreased since the hepatitis A vaccine was licensed and became available in the U.S. in 1995.

Hepatitis A is a communicable (or contagious) disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Food contaminated with the virus is the most common vehicle transmitting hepatitis A. The food preparer or cook is the individual most often contaminating the food, although he or she is generally not ill at the time of food preparation. The peak time of infectivity, when the most viruses are present in the stool of an infectious individual, is during the two weeks before illness begins. Although only a small percentage of hepatitis A infections are associated with foodborne transmission, foodborne outbreaks have been increasingly implicated as a significant source of hepatitis A infection.

Hepatitis A may also be spread by household contact among families or roommates, sexual contact, ingestion of contaminated water, ingestion of raw or undercooked fruits and vegetables or shellfish (like oysters), and from persons sharing illicit drugs. Children often have asymptomatic or unrecognized infections and can pass the virus through ordinary play to family members and other children and adults. We have been involved in representing families who have suffered from this virus:

* Carl’s Jr. Hepatitis A Outbreak - Washington
* Chi-Chi’s Hepatitis A Outbreak - Pennsylvania
* D’Angelo’s Deli Hepatitis A Outbreak - Massachusetts
* Friendly’s Hepatitis A Exposure - Massachusetts
* Houlihan’s Hepatitis A Exposure - Illinois
* Maple Lawn Dairy Hepatitis A Outbreak - New York
* McDonald’s Hepatitis A Outbreak - Washington
* Quizno’s Hepatitis A Exposure - Massachusetts
* Soleil Produce Hepatitis A Outbreak - California
* Subway Hepatitis A Outbreak - Washington
* Taco Bell Hepatitis A Outbreak - Florida
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Two Law Awards in a Month - It is Hard to be Humble

Goodness, I have been selected for two prestigious law awards. The Washington State Trial Lawyers Association (WSTLA) has selected me for the Public Justice Award, and the King County Bar Association will give me the 2008 Outstanding Lawyer Award.

WSTLA bestows the Public Justice Award to “an individual or organization whose efforts, courage, litigation, or innovative work results in the creation of a more just society”. The award will be presented at the May 1st Law Day Dinner. The Washington State Trial Lawyers Association represents attorneys and professionals in the legal field committed to champion the cause of those who deserve redress for injury to person, property or civil rights. Established in 1953, the association conducts legal education, compiles research, facilitates the sharing of resources, and implements the public affairs as well as government relations programs.

The King County Bar Association will present  me with the 2008 Outstanding Lawyer Award on June 28th at their annual awards dinner. The King County Bar Association provides support to its diverse membership; promotes a just, collegial, and accessible legal system and profession; works with the judiciary to achieve excellence in the administration of justice; strives to benefit the community through its own efforts and those of its Foundation; and offers opportunities for public service and input into matters of public policy. Founded in 1886 and incorporated in 1906, the King County Bar Association is the largest voluntary bar association in the state of Washington, with approximately 6,000 members.
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Today Wendy's makes $2,340,000,000 from Arby's and Yet Offers Nothing to Two Utah E. coli Victims It Almost Killed in 2006

I read with some amusement that Arby’s bought Wendy’s today for $2.34 billion. According to various press reports, Dave Thomas' daughter Pam Thomas Farber said the family was devastated by the news. "It's a very sad day for Wendy's, and our family. We just didn't think this would be the outcome," said Farber. If her father were alive to hear news of the buyout, "he would not be amused," she said.

No one from Wendy's called and asked how "devastated" the victims of its past E. coli outbreaks are.  Frankly, they are not that "amused."  The last time I was involved in an E. coli case with Wendy’s was 2000 – just before Dave died. Now I am involved in another one – just before Wendy’s died. Here are the bare facts on the two outbreaks:

2006 - Utah

In early August 2006, public health officials in Weber County, Utah, became aware of several people who attended a teachers’ conference luncheon that had contracted E. coli O121:H19. On August 2, 2006, the Weber-Morgan Health Department (WMHD) issued a News Release indicating that three people had contracted E. coli O121:H19, and that two of the individuals had developed HUS. WMHD stated that the evidence indicated that all three people contracted E. coli from the same source sometime during June 27-30 at a restaurant in the Ogden, Utah area. By August 7, WMHD officials had revised the number of outbreak victims to four, including three who had developed HUS.

WMHD further concluded that the source of the contamination was possibly iceberg lettuce prepared at the Wendy’s Restaurant at 2500 North 400 East in North Ogden, Utah. One of the patients with confirmed HUS who had not attended the teacher’s conference had eaten cheeseburgers with iceberg lettuce at the Wendy’s Restaurant during the outbreak period. The second confirmed HUS case was an attendee of the teachers’ conference, and a third case of HUS was determined to be secondary transmission from an infected person at the conference. Eventually, WMHD determined that at least 69 people had become ill in the outbreak. Of the sixty-nine people who reportedly became ill, four remained hospitalized and were in serious condition.

2000 - Oregon

On August 22, 2000, Marion County Health investigators contacted the Oregon Health Department to report that a number of County residents were suffering from E. coli O157:H7. Three days later Wendy's International, Inc voluntarily closed its Salem restaurant.

The health department investigation revealed that cross contamination from contaminated ground beef was the outbreak source. The role of cross-contamination as the source of other major E. coli outbreaks has been well documented. Independent events of cross-contamination from beef within the restaurant kitchens, where meats and multiple salad bar items were prepared, were the most likely cause of four separate chain-restaurant associated outbreaks in Washington and Oregon in August, 1993. See Lisa A. Jackson, M.D., et al., "Where's the Beef?" Archives of Internal Medicine, Volume 160, August 14/28 2000, 2380-2385.

Marion County Inspectors found several food-handling problems that likely resulted in cross-contamination, causing E. coli bacteria in the meat to contaminate other foods. These included:

1. Food-preparation staff soaked lettuce in the first compartment of a three-compartment sink that was used to rinse bloody-meat-juice-covered pans in which raw hamburger patties had been held, without cleaning and sanitizing the sink between uses.

2. Food-preparation staff used a cleaning and sanitizing "wet towel, dry towel" process, whereby a shelf above the grill that held raw hamburger patties was wiped clean first with a dry towel, then with a sanitized-soaked wet towel. The dry, bloody-meat-juice-soaked towel was used for hand wiping in both the grill area and the sandwich assembly area (where raw products are placed on cooked burgers)

3. Poor hand washing was observed.

So, with an extra $2,340,000,000 sitting around you would think that Wendy's could come up with the money to take care of two customers who are at risk of kidney failure after eating Wendy’s products? Perhaps, they will now offer Arby’s coupons?
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MARLER CLARK AGAIN CALLS FOR MANDATORY VACCINATIONS OF FOOD SERVICE WORKERS

San Diego is the latest in a series out outbreaks and exposure to hepatitis A via restaurant food and/or infected workers. County health officials there say they are investigating six cases of hepatitis A linked to a Chipotle Mexican Grill in La Mesa.

Hepatitis A is the only common vaccine-preventable foodborne disease in the United States. Yet according to foodborne illness litigation specialist William Marler, not a month goes by without a warning from a health department somewhere in the US that an infected food handler is the source of a potential hepatitis A outbreak. Vaccinations of food handlers combined with an effective and rigorous hand washing policy is the only sure road to preventing more hepatitis A outbreaks. It is time for health departments across the country to require vaccinations of foodservice workers, especially those that serve the very young and the elderly.

Hepatitis A virus a result of fecal-oral contamination, and can be spread person to person or through food handling, particularly cold or uncooked foods. These include salads and salad items, rolls, breads, buns, fruit or vegetable garnishes, sandwich condiments such as pickles and onions, chips, and ice or beverages containing ice, according to the state Department of Public Health.

The Centers for Disease Control (CDC) estimates that 83,000 cases of hepatitis A occur in the United States every year, and that many of these cases are related to food-borne transmission. In 1999, over 10,000 people were hospitalized due to hepatitis A infections and 83 people died. In 2003, 650 people became sickened, 4 died and nearly 10,000 people got Ig shots after eating at a Pennsylvania restaurant. Not only do customers get sick, but businesses lose customers or some simply go out of business.

Marler Clark has represented thousands of victims of food borne illness outbreaks since 1993. The firm’s attorneys have litigated hepatitis A cases against such companies as Quiznos, Houlihan’s, Carl’s Jr., McDonald’s, Subway, Taco Bell, Friendly’s, D’Angelo’s and Chi Chi’s restaurants, the latter resulting in a $6.25 million award on behalf of one man. Marler Clark has represented tens of thousands of restaurant customers who received Ig shots.
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Organic Pastures - "Where There is Smoke, There is Fire."

I was paging through the pages of the Ethicurean when I stumbled over this post:

Amanda kicks over the raw-milk bucket

Whoa! Our Ethicurean team member Amanda Rose (and Organic Gardening milk feature writer) neglected to tell us she would be dropping a bombshell on the California raw-milk community. On her other blog, she confirms rumors that one possible reason that state investigators’ tests never could link Organic Pastures Dairy conclusively to the E. coli O157:H7 outbreak of 2006 was because it wasn’t OP’s milk…even if it was under its label. Organic Pastures’ Mark McAfee has admitted he was “outsourcing” — selling colostrum from the notorious Vander Eyk dairy, which had its organic certification pulled because it did not give its cows access to pasture. Sums up Amanda, at the end of an obsessively detailed factual argument that ends with the roar of an outraged mama bear: “This story is a food processor integrity story. If I buy a product from a processor and that processor tells me that the product comes from a cow on grass, I expect that the product comes from a cow on grass … I want to thank Mark for bottling a product self-described as laden with ‘filth, feces, contaminants, and pathogens.’ Thank you for marketing that same product to my young son as a health food.”

For a slightly different perspective on Ms. Roses' post see the Complete Patient.

It is very unlikely that that source of the E. coli-contamination in 2006 was milk sourced from another supplier, but even if it was, Organic Pastures, as the manufacturer of the milk and milk product that all of the children consumed, would still be on the hook for the injuries to those children.  It was not spinach as Organic Pastures has tried to spin it.  Also, Organic Pastures has spun the State's payment to it of money to compensate for the 2006 recall as an admission that the outbreak did not occur - not so - see attached.

As I read the Ethicurean post and Ms. Roses’ too, I was struck by the thought:  “where there is smoke, there is fire.”  Organic Pastures has been linked to an E. coli Outbreak, Campylobacter Outbreak, Listeria Recall (each are links to reports) and is subject of an ongoing criminal investigation.  Now, it also appears that Organic Pastures may have been serving up raw milk to its consumers that was out-sourced.  Perhaps Organic Pastures has just become another corporate giant (certainly in the milk field) concerned with one thing - making a buck.  (See video of OP owner talking about sales as the driving force) I'm just glad I am not Organic Pastures' lawyer - I would have a very big headache.  See also, "Top litigator fires a shot across the bow of raw milk industry."

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435 Chipotle Customers with Norovirus, 6 Sick with Hepatitis A, but Record Profits, what Gives?

The number of people who reported that they became sick with norovirus after eating at the Chipotle Mexican Grill in Kent has grown to about 435.  The restaurant at 429 E. Main St. reopened Saturday, after a voluntary shutdown Friday. Workers replaced the food and sanitized equipment with a bleach solution. Chipotle’s spokesperson was quoted in the Akron Beacon-Journal:
''Food safety is, and always has been, our highest priority.''
However, a Hepatitis A outbreak was brewing on the California Coast, San Diego TV reports “6 Cases of Hepatitis A Linked to La Mesa Chipotle.” Yet another spokesperson was quoted as saying:
“The health and safety of our customers and employees is our highest priority,… We have done and will continue to do everything we can to assist the health department in identifying the cause of this illness.”
One would think they were having a bad week. Perhaps, but today Chipotle Mexican Grill Inc. reported a 38.9 percent jump in quarterly profits and a 29.3 percent rise in revenue over the same period a year earlier, largely fueled by the burrito chain's rapid expansion.

Well, I guess the good news is that they have the money to pay the victims and to upgrade their food safety program?  What is interesting about both of these viruses is that they seem to have been transmitted via ill employees.  One must wonder about both the company's hand washing policy and sick leave policy.

Noroviruses
are estimated to cause 23 million cases of acute gastroenteritis (commonly called the "stomach flu") in the U.S. each year, and are the leading cause of gastroenteritis. Of viruses, only the common cold is reported more often than viral gastroenteritis (norovirus). Noroviruses may cause more outbreaks of foodborne illness than all bacteria and parasites. They can cause extended outbreaks because of their high infectivity, persistence in the environment, resistance to common disinfectants, and difficulty in controlling their transmission through routine sanitary measures.

The norovirus is transmitted primarily through the fecal-oral route and fewer than 100 norovirus particles are said to be needed to cause infection.  Transmission occurs either person-to-person or through contamination of food or water. Transmission can occur by touching surfaces or objects contaminated with norovirus and then placing that hand in your mouth; having direct contact with another person who is infected and showing symptoms; sharing foods or eating utensils with someone who is ill; exposure to aerosolized vomit; and consuming food contaminated by an infected food handler.

Hepatitis A
is the only common vaccine-preventable foodborne disease in the United States (Fiore, 2004). It is one of five human hepatitis viruses that primarily infect the human liver and cause human illness. Unlike hepatitis B and C, hepatitis A doesn’t develop into chronic hepatitis or cirrhosis which are both potentially fatal conditions (Mayo Clinic, 2006); however, hepatitis A infection can still lead to acute liver failure and death. Viral hepatitis is a major public health concern in the United States, and a source of significant morbidity and mortality. Each year, approximately 30 - 50,000 cases of hepatitis A occur in the United States. Direct and indirect costs of these illnesses exceed $300 million, including wage loss and medical expenses. Adults who become ill miss an average of 27 work days per illness. Eleven to 12 percent of persons infected are hospitalized, and 100 people die as a result of acute liver failure annually in the United States due to hepatitis A (CDC, 2007). The unfortunate aspect of these statistics is that with 21st Century medicine, hepatitis A is totally preventable and cases—especially outbreaks relegated to food consumption—need not occur.

Hepatitis A is a communicable (or contagious) disease that spreads from person to person. It is transmitted by the “fecal – oral route,” generally from person-to-person, or via contaminated food or water. Outbreaks associated with food have been increasingly implicated as a significant source of hepatitis A infection. Such “outbreaks are usually associated with contamination of food during preparation by an HAV-infected food handler.” (CDC, 2007; Francis & Maynard, 1983).

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Downers may be Down and Out, but Pigs do Fly

According to wikipedia, the popular saying "[it will happen] when pigs fly" (or when pigs have wings) is traditionally used to mean that the specified event will never occur.  Well, pigs do have wings.

Today, the American Meat Institute, the National Meat Association and the National Milk Producers Federation announced that they have petitioned the Agriculture Department to enact a total ban on the slaughter of downer cattle.  The American Meat Institute and the National Meat Association said they would encourage companies to enact a voluntary moratorium until the Agriculture Department changes the rule.

Downer cows also might have contracted such infections as  mad cow disease.  The animals are also more prone to infections such as Salmonella and E. coli partly because they wallow in feces before slaughter.
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Raw Milk to be a Marler Clark Growth Sector?

From 1993 to 2002 nearly all the revenue to my firm came to E. coli-contaminated hamburger.  Then it was E. coli-contaminated spinach and lettuce.  Although spinach and lettuce were down in 2007, hamburger is back up.  With the increase in sales of raw milk in states, I am expecting a brisk growth in this sector of the Marler Clark firm.

A new study from the National Associations of State Departments of Agriculture (NASDA) finds raw milk is now available to consumers in 29 of the 50 states. The Federal Government  prohibits the interstate commerce of raw milk to consumers across state lines. Other than that, it is up to the states.   A questionnaire was sent to state regulatory milk program directors and/or managers in all fifty states in January 2008 and responses came in from all 50.

The survey found 29 states authorize the legal sale of raw milk, in some specified manner, for direct human consumption while the remaining 21 states prohibit the sale of raw milk to consumers.  Of the 29 that allow the sale, 17 regulate that it can only be sold on the farm where the milk is produced.   Two of the states, Minnesota and Wisconsin restrict sales to only incidental occurrences, not as a regular course of business and no advertising is allowed.  Arkansas, Kentucky, Mississippi and Rhode Island allow only for the sale of raw goats milk and Kentucky and Rhode Island require a physician’s prescription.  South Dakota allows farmers to deliver the milk to customers but not to stores. Oregon sales are limited to farms with no more than three cows and only two milking at any one time.  Three states, Texas, Massachusetts and South Carolina have coliform standards.  The remaining 13 states allow the retail sale of raw milk away from the farm, although in Utah the store must be owned by the producer even if it is off the farm.  11 of these states have coliform standards; Oregon and New Hampshire do not.  However, Oregon only allows raw goats milk to be sold at a store.

Not mentioned in the survey is also the growing issue of the sales of raw milk products that are sold as pet food with the knowledge that it is actually being consumed by humans.  The Chicago Tribune ran a story on Raw Milk this morning - "Milk issue not black and white."

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www.outbreakinc.com updated too



OutBreak is a unique not-for-profit consulting company based on a radical notion: that the same lawyers who sue on behalf of victims of foodborne illness are best suited to help responsible companies with their food safety challenges.

In 1998, the Marler Clark attorneys formed OutBreak, a not-for-profit consulting firm dedicated to training companies how to prevent foodborne illness outbreaks among their customers. Since that time, the lawyers have given speeches at meetings and annual education conferences for a long list of industry groups, including the National Restaurant Association and the American Meat Association.

In recent years, OutBreak presenters have expanded the scope of their talks to include topics appropriate for meetings of organizations such as environmental health associations and FDA-sponsored Regional Retail Food Seminars. Members of these groups have learned about such topics as potential liability for negligent inspections and the intersection between the law and public health.
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www.marlerclark.com relaunched

Since 1993, Marler Clark has represented thousands of clients in litigation against restaurants and food companies whose food was identified as the source of illness. We strive to obtain full and fair compensation for our clients’ injuries by ensuring that our clients are compensated for their physical and emotional injuries, as well as for medical expenses and missed time from work. We often represent children who will require medical monitoring and surgical procedures throughout their lives, and we work to secure settlements or verdicts that will provide for their long-term medical needs.
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China Proposes Life in Prison for Food Poisoning Customers

Reuters reports that China is considering a food safety law that provides for penalties of up to life imprisonment for people responsible for the production of substandard food.  Lesser violations of the law could incur fines, confiscation of income from sales of substandard products, or revocation of licenses.  See full article - China food safety law to allow for life in jail.

You have to admit that if US food corporate executives faced prison time for sickening customers, perhaps food safety would be a bigger part of the corporate agenda.

I look forward to attending (and co-sponsoring) the following Conference in China:



The description of the conference is:
Food safety is a worldwide issue that can benefit greatly from collaboration, standardized approaches, and common solutions. In many countries, food safety awareness is at an all-time high. New and emerging threats to the food supply are constantly being discovered, and our food supply is becoming increasingly global. Achieving food safety success in this changing environment requires novel prevention strategies, greater harmonization and more collaboration at the international level than ever before.
Picture from last year's Conference (I'm in the middle, back row):

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Malt-O-Meal Reads Marler Blog

Or, at least it's lawyers do.  I'm always a bit shocked that people other than my mom and dad read my blog.  I was pleased that the lawyers for Malt-O-Meal corrected me on one of my earlier posts (I posted a picture of the wrong product):

Dear Mr. Marler:

We represent Malt-O-Meal Company.  Your web site currently includes a discussion of my client's ongoing recall of certain lot codes of unsweetened puffed wheat and unsweetened puffed rice cereals.  The photos of Malt-O-Meal cereals that are prominently displayed on your site do not include either of the products involved in the recall, but rather are of brands that have not been implicated or recalled.  We believe this is inaccurate and misleading, and could cause confusion to consumers. Photos of the products that are being recalled are available at www.maltomeal.com/recallinfo.

We request that you delete those incorrect photographs from the site as soon as possible to avoid confusion on this important issue.

Thank you.  We look forward to your response.

James A. O'Neal
Amy R. Freestone
Faegre & Benson LLP
2200 Wells Fargo Center
90 S. Seventh St.
Minneapolis, MN 55402
(612) 766-7000


Here are the correct photos:


According to the CDC's most recent count, as of April 14 the outbreak had sickened 23 patients in 14 states, including two cases each were reported in New Hampshire and Massachusetts with California, Colorado, Delaware, Indiana, North Dakota, Pennsylvania, Minnesota, Rhode Island and Vermont each reported one case.  Maine, New Jersey and New York each reported three cases.  Illness onset dates were known for nine patients and ranged from January 22 to March 2.  Patients' ages range from 1 to 95 years and 62% are female.  Three hospitalizations have been reported, but no deaths.  The CDC said the PulseNet system notified its outbreak team on April 7 about a cluster of human Salmonella Agona isolates from several states that had the same genetic fingerprint.

In 1998, Malt-O-Meal  recalled as much as 3 million pounds of its plain toasted oat cereal after the U.S. Centers for Disease Control and Prevention found that it was the likely source of Salmonella Agona food poisoning.  At least 17 Washington state children became ill with Salmonella infections, and litigation resulted.
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Salmonella Death Linked to Alamosa Water

There have been 411 reported cases of salmonella linked to the outbreak, with 112 of those cases confirmed through laboratory testing. Eighteen people had to be hospitalized.  It now appears that there may be a death related to the consumption of Salmonella-tainted water.  See story in the Pueblo Chieftain.

The CDC estimates that 1.4 million cases occur annually (CDC, 2005, October 13). Approximately 600 deaths are caused by Salmonella infections in the U.S. every year, accounting for 31 percent of all food-related deaths (CDC, 2005, October 13; MMWR Weekly, 2001). The reported incidence of Salmonella illnesses is about 14 cases per each 100,000 persons (MMWR Weekly, 2006), amounting to approximately 30,000 confirmed cases of salmonellosis yearly in the U.S. (CDC, 2005, October 13). In 2005, just over 36,000 cases were reported from public health laboratories across the nation, representing a 12 percent decrease compared with the previous decade, but a 1.5 percent increase over 2004 (CDC, 2007). As only about 3 percent of Salmonella cases are officially reported nationwide, and many milder cases are never diagnosed, the true incidence is undoubtedly much higher (Mead, 1999).

We have been retained by nearly 50 residents who became ill.  We are continuing our investigation as to the cause of the outbreak.
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California, Colorado, Indiana, Delaware, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, and Vermont report Salmonella Agona Cases Linked to Malt-O-Meal

According to the CDC's most recent count, as of April 14 the outbreak had sickened 23 patients in 14 states, including two cases each were reported in New Hampshire and Massachusetts with California, Colorado, Delaware, Indiana, North Dakota, Pennsylvania, Minnesota, Rhode Island and Vermont each reported one case.  Maine, New Jersey and New York each reported three cases.  Illness onset dates were known for nine patients and ranged from January 22 to March 2.  Patients' ages range from 1 to 95 years (really, 95?) and 62% are female.  Three hospitalizations have been reported, but no deaths.  The CDC said the PulseNet system notified its outbreak team on Apr 7 about a cluster of human Salmonella Agona isolates from several states that had the same genetic fingerprint.
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Who's Minding the Store?

Andrew Schneider, crack investigating reporter and ubber-blogger, posted today on his coverage of the Seattle University Law School Food Safety Conference – “Who’s Minding the Store?  See his coverage at:

Secret Ingredients - Experts in food safety describe a problem that's hard to control, misunderstood by the public and too dangerous to ignore.

Me, I liked this point the best:
Seattle lawyer and national expert in food borne illness litigation, William Marler, hosted and organized the conference. When I asked three of the high-ranking national and international officials why they agreed to speak at a continuing education program for lawyers, they all said that Marler has been a major force in changing food safety policies in the United States and abroad.
Hopefully for the better.
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Illinois Resident Linked to Malt-O-Meal Salmonella Agona

Illinois has joined Maine and Minnesota in naming themselves as locations of ill persons linked to Salmonella Agona tainted Unsweetened Puffed Rice and Puffed Wheat cereal. The U.S. Food and Drug Administration said Saturday that diagnoses of salmonellosis linked with the consumption of Malt-O-Meal cereals have been reported in 14 states. Three people have been treated in hospital.

Three states down, eight to go. What continues to go unreported is what the same plant that produced the same PFGE (genetic fingerprint) Salmonella Agona in 1998 has been doing since 1998? Also, have there been Salmonella Agona illnesses linked to cereal consumption over the last ten years?

Craig Hedberg, PhD, a foodborne disease expert and associate professor of environmental health sciences at the University of Minnesota School of Public Health in Minneapolis, told CIDRAP News that there may an environmental source of S Agona at the plant, despite the steps that Malt-O-Meal reportedly took in response to the previous outbreak in 1998.

"My guess is that the bug may have been in the plant the whole time, but that to have enough contamination to cause an outbreak also required an amplifying event," he said.

Hedberg said that if this is, in fact, the same strain that caused the previous outbreak, it would be interesting to review PulseNet data see if health officials have missed other cases involving the outbreak strain over the past 10 years.

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FDA Announces 23 Ill in 14 States from Malt-O-Meal Salmonella Agona



The Food and Drug Administration (FDA) today announced that at least 23 people in 14 states have been diagnosed with salmonellosis that was caused by the same strain of Salmonella that was found in the recently recalled unsweetened Puffed Rice and unsweetened Puffed Wheat Cereals produced by Malt-O-Meal.  The recalled products were distributed nationally under the Malt-O-Meal brand name as well as under private label brands including Acme, America's Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw's, ShopRite, Tops and Weis Quality. The cereals have "Best If Used By" dates from April 8, 2008 (coded as "APR0808") through March 18, 2009 (coded as "MAR1809").

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Salmonella Agona Malt-O-Meal Outbreak

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.

Salmonella litigation makes up quite a bit of what we do at Marler Clark. Here are a few of current cases:  ConAgra Pot Pie Salmonella Outbreak, Pars Cove/Taste of Chicago Salmonella Outbreak, Veggie Booty Salmonella Outbreak, Peanut Butter Salmonella Outbreak, Wal-Mart Salmonella Outbreak, Sushi King Salmonella Outbreak

Here are some of our resolved cases:  Black Forrest Bakery, Brook-Lea Country Club, Cafe Santa Fe, Chili's, ConAgra, Corky & Lenny's, Golden Corral, Harmony Farms, KFC, Linh's Bakery, Malt-O-Meal, Old South Restaurant, Orchid Island, Paramount Farms, Pars Cove, Quality Inn, Robert's American Gourmet, San Antonio Taco, Seasons at the Pond, Sheetz, Sun Orchard, Sunset House, Sushi King, Susie Cantaloupe, Viva Cantaloupe, Wal-Mart, Western Sizzlin', Wyndham Anatole Hotel
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A Full Service Law Firm - "MarlerClarkwear"

Well into the second day of "Who's Minding the Store" food safety conference here in Seattle.  The only competition seems to be our first sunny day with temperatures reaching 70 and the visit from the Dali Lama.  The hot item at the conference is the Marler Clark hat:


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UPDATE - Malt-O-Meal Salmonella Agona Cereal Linked to Maine, Minnesota and other State Illnesses

Maine and Minnesota have identified cases of infection with Salmonella Agona.  At least 11 other states report as many as 20 other illnesses.  The onset of illness dates range from January 22 to March 19. Two of the individuals were hospitalized.  All three reported consumption of unsweetened puffed rice or wheat cereals, but at present it is unknown if the products consumed were part of the current recall. Additional cases of illness in other states are being investigated by the federal Centers for Disease Control and Prevention.

On April 5, 2008 the Malt-O-Meal Company of Minnesota announced a recall of unsweetened puffed rice and unsweetened puffed wheat cereal. In addition to Malt-O-Meal’s own brand, these cereals are sold under multiple labels, including the store brands for Hannaford and Shaw’s Supermarkets. The other brands being recalled are Acme, America’s Choice, Food Club, Giant, Jewel, Laura Lynn, Pathmark, ShopRite, Tops, and Weis Quality. The products recalled include “Best if used by” codes between April 8, 2008 (APR0808) and March 18, 2009 (MAR1809).

1998 Malt-O-Meal Salmonella Agona Litigation - Multistate

In 1998, Malt-O-Meal on recalled as much as 3 million pounds of its plain toasted oat cereal after the U.S. Centers for Disease Control and Prevention found that it was the likely source of Salmonella food poisoning. At least 17 Washington state children became ill with Salmonella Agona infections, and litigation resulted.

We learned this morning at the Seattle University School of Law Food Safety Seminar that not only is this 2008 outbreak caused by Salmonella Agona - the same serotype in the 1998 outbreak, but also the same PFGE pattern.

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common form of bacterial foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year.

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Increase in Foodborne Illnesses is expected today



Today, the CDC will conduct a Media Briefing on new FoodNet Data

Dr. Robert Tauxe, Deputy Director, CDC Division of Foodborne, Bacterial and Mycotic Diseases

Faye Feldstein, Acting director, Food and Drug Administration’s Office of Food Defense, Communication and Emergency Response

Dr. Morris Potter, Lead Scientist for Epidemiology in the FDA’s Office of Food Defense, Communication and Emergency Response

Dr. Elisabeth Hagen, Executive Associate for Public Health, United States Department of Agriculture’s Food Safety Inspection Service, Office of Public Health Science

“Preliminary FoodNet Data on the Incidence of Infection with Pathogens Transmitted Commonly Through Food – 10 States, United States, 2007” being published in this week's Morbidity and Mortality Weekly Report.   The new report highlights foodborne illness disease trends and growing foodborne illness challenges.

Foodborne illnesses are a substantial health burden in the United States. The Foodborne Diseases Active Surveillance Network  collects data from 10 U.S. states regarding diseases caused by enteric pathogens transmitted commonly through food. FoodNet quantifies and monitors the incidence of these infections by conducting active, population-based surveillance for laboratory-confirmed illnesses. This report describes preliminary surveillance data for 2007 and compares them with baseline data from the period 1996–1998.

Reuters reports
that:
U.S. efforts to contain foodborne illness have made no dent in reducing the number of infections, which were flat last year after a period of decline, according to a government report released on Thursday.

In the past two years, high-profile food safety scares involving peanut butter, spinach and other products have intensified pressure on lawmakers to protect the nation's food supply.

Yet the 10-state report issued by government researchers found no change in the rate of infections caused by Listeria, Salmonella, Shigella, E. coli O157 and several other nasty bugs in 2007 compared with the previous three years.

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Will Malt-O-Meal Release Salmonella Serotype? Why not?

In 1998, the CDC reported a Multistate Outbreak of Salmonella Serotype Agona Infections Linked to Toasted Oats Cereal -- United States, April-May.  During April-May 1998, a total of 11 states reported an increase in cases of Salmonella serotype Agona infections; as of June 8, a total of 209 cases have been reported and at least 47 persons have been hospitalized, representing an eightfold increase over the median number of cases reported in those states during 1993-1997. The states reporting increases were Illinois (49 cases), Indiana (30), Ohio (29), New York (24), Missouri (22), Pennsylvania (20), Michigan (15), Iowa (eight), Wisconsin (six), Kansas (four), and West Virginia (two). This report summarizes the outbreak investigation by local, state, and federal public health officials, which implicated Millville brand plain Toasted Oats cereal manufactured by Malt-O-Meal, Inc. as the cause of illness.

  Now, once again Malt-O-Meal cereals are recalled.  Malt-O-Meal voluntarily recalled its unsweetened Puffed Rice and unsweetened Puffed Wheat Cereals produced with ‘Best if Used By’ dates ranging from April 8, 2008, to March 18, 2009, because of the potential salmonella contamination.  Consumers should check their pantries for Malt-O-Meal, Acme, America’s Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw’s, ShopRite, Tops and Weise Quality Unsweetened Puffed Rice and Wheat Cereals in 6, 12 and 16-ounce bags.  A comprehensive listing of affected products is available online at www.malt-o-meal.com/recallinfo.

According to Malt-O-Meal, "there have been no illnesses or injuries reported to date."  However, without the release by Malt-to-Meal of the Salmonella serotype, how are we to know that the claim of no illnesses is actually the case?

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Washington DC Hat-trick

I am still here in DC about to head to this morning’s sessions on FSIS’s attempt to deal with E. coli in our meat supply.  As I said to the group yesterday, I impressed that the FSIS, CDC and the industry are addressing many of the food safety challenges we are facing today.  The agenda is ambitious; to explore the challenges of addressing E. coli O157:H7, including illness and recall trends; to discuss FSIS’s plans to begin a short-term study to determine the extent to which non-O157 STECs may be present in FSIS-regulated products; and, to discuss the evidence that may support a determination that raw beef products such as primal cuts and boxed beef contaminated with E. coli O157:H7 are adulterated.  This is ambitious, but important.

Although busy, I still had the time to do a hat-trick (A hat-trick in sports is associated with succeeding at anything three times in three consecutive attempts) of sorts in the media yesterday. I spoke to Andrew Schneider of the Seattle-PI:

Seattle lawyer and food safety expert William Marler was asked to testify before the panel and he agreed that the downturn in illnesses and recalls from 1994 to 2004 was too good to be true.

As I told Nancy Luna of the OC Register:

In 2006, Seattle food safety attorney Bill Marler advised produce packers and growers to look at the beef sector for tips on reducing food borne illness outbreaks.

At the time, a series of E. coli outbreaks had rocked the industry – sickening more than 200 people who ate tainted spinach or lettuce. In the meantime, the beef industry, plagued in the 1990s by similar food scares, had made great strides in reducing food poisoning cases.

Now, the pendulum has swung.

Since 2007, federal health officials have documented 67 beef recalls, up from eight in 2006. At least 20 recalls are linked to E. coli tainted meat.

"It's not a pretty picture," Marler said of the recent spate of beef recalls. "I wonder if they took their eye off the ball."


The Seattle Times ran a few words yesterday as well:

Seattle attorney Bill Marler is suing Organic Pastures, the nation's largest organic raw milk dairy, on behalf of two children who fell ill after consuming its products. Testing at the dairy farm near Fresno, Calif., did not detect the strain of E. coli that sickened the children, but a government report said the dairy was likely responsible. Marler, who has sued other dairies as well, criticized states for bowing to pressure from farmers and allowing raw milk sales to go on - legally or not.

"My worry is that as it becomes more acceptable and becomes more commercialized, you know, it will reach a critical mass where all of the sudden you're going to get a whole bunch of little kids poisoned," Marler said. "And then everybody will throw up their arms and go, 'Whoa, we've got to stop this, we've got to pasteurize.'"

And, as Mark the Defendant said:

"They have never found a pathogen in our raw milk since we opened in 2000," dairy owner Mark McAfee said. But properly produced raw milk does contain bacteria that "help rebuild immune systems," he added.

Too bad that he fails to mention the Listeria, Campylobacter and E. coli problems Organic Pastures has had.
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Food Safety Conference at Seattle University Draws Experts from the US and Abroad

Seattle University School of Law hosts an in-depth conference titled “Who’s Minding the Store: The Current State of Food Safety and How It Can Be Improved” on April 11th and 12th, 2008. Participants include international, national and local representatives of government, the food industry, consumer organizations, scientists, and the media.

Recent years have seen 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 the 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.

Washington Governor Christine Gregoire will present the keynote address. Featured speakers include Dr. Richard Raymond, Under Secretary for Food Safety, United States Department of Agriculture, and Dr. Patricia Griffin, Chief; Enteric Diseases Epidemiology Branch, Centers for Disease Control & Prevention.

In addition, the conference brings together international experts, including Jorgen Schlundt of the World Health Organization, Qiu Yueming of the China National Institute of Standardization, Deon Mahoney of Food Standards Australia New Zealand, Chris Griffith of University of Cardiff Wales, and Dr. Canice Nolan, of the EU.

For a detailed agenda and registration, visit:
http://www.law.seattleu.edu/cle/archive/2008/foodsafety.
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Salmonella cases near 400 in Alamosa

As of Friday, the total number of Salmonella cases had reached 372, with 99 stool cultures confirmed and 14 hospitalized. 

Within the first week of the salmonella outbreak, as of March 18, 18-20 cases were confirmed through lab testing and another 56 met the clinical definition, but were not lab confirmed.  Four people were hospitalized. By March 20 the lab-confirmed cases had risen to 47 with an additional 76 meeting the clinical definition.  The hospitalizations had risen to 5. By the weekend there were 130 known cases of salmonella with 7 hospitalized. By March 24 there were 217 reported cases, with 68 lab confirmed cases.  By the middle of that week the number of cases had risen to 276, 73 lab confirmed and 10 hospitalized.  As of March 28 there were 293 total cases, 78 confirmed and 12 hospitalized. As of March 30 the total had risen to 316, 85 confirmed and 12 hospitalized.  On April 2 the number had risen to 343, 91 confirmed and 13 hospitalized.  From April 2 to April 4 the number rose to 372 with 99 confirmed and 14 hospitalized.  Of the April 4 total, ages of the victims were: 14 under 5 months old; 24 from 6-11 months of age; 25 1-year-olds; 63 in the 2-4-year-old range; 66 from 5-12 years old; 43 in the 13-18 age range; 132 over 18 years old; and 5 unknown.  To date we have been contacted by over 35 ill people, most stool culture confirmed.  The below Epi curve is courtesy of www.slvdweller.com:

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Salmonella Strikes Malt-O-Meal Cereal Product Again

According to a company press release, Malt-O-Meal announced today that it is voluntarily recalling its unsweetened Puffed Rice and unsweetened Puffed Wheat Cereals produced with “Best If Used By” codes between April 8, 2008 (coded as “APR0808”) and March 18, 2009 (coded as “MAR1809”) because they may have the potential to be contaminated with Salmonella.  The recalled product was distributed nationally, marketed under the Malt-O-Meal brand and as some private label brands including Acme, America’s Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw’s, ShopRite, Tops and Weis Quality.

In 1998, Malt-O-Meal  recalled as much as 3 million pounds of its plain toasted oat cereal after the U.S. Centers for Disease Control and Prevention found that it was the likely source of Salmonella food poisoning.  At least 17 Washington state children became ill with Salmonella infections, and litigation resulted.

Founded in 1919, the Malt-O-Meal Company is privately held and headquartered in the IDS Center in Minneapolis, Minnesota.  Malt-O-Meal, the Nation’s fourth largest ready-to-eat cereal manufacturer, supplies a full line of branded cereals and private label cereals to the grocery industry.  The company currently produces 30 different branded ready-to-eat cereals, three varieties of Malt-O-Meal Hot Wheat cereal, and a full line of oatmeal products.  The company currently operates five production facilities and four distribution centers around the U.S.

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The Department of Agriculture is on Fire

In what might be the most bizarre headline I have seen in 15 years of following food cases:

Cattle heads recalled by USDA

The U.S. Department of Agriculture is warning consumers that 406,000 pounds of frozen cattle heads are being recalled by a Kansas meat packer.‚Ä®‚Ä®  The cattle heads are being recalled because tonsils were not removed properly, according to the USDA’s Food Safety and Inspection Service.‚Ä®‚Ä®  The recall is being made to prevent human exposure to bovine spongiform encephalopathy, or BSE.‚Ä®‚Ä®  BSE is popularly known as mad cow disease.‚Ä®‚Ä®  The heads packed before March 28 and sent to wholesalers and retailers were produced by Elkhorn Valley Packing of Harper, Kansas.  The Food Safety and Inspection Service rated the health risk as low, with no reports of illness.

Ok, someone know what people do with frozen cattle heads?
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So, I leave home and look what happens:

While I have been gone the State Health Department has found high levels of E. coli bacteria along Bainbridge Island beaches.  Dozens of sites on the south end and in Eagle Harbor also showed elevated levels of E. coli, a type of fecal coliform bacteria.  And, it looks so clean.

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Cantaloupe Tests Positive for Salmonella, But Not Outbreak Serotype

David Mitchell of The Packer reported “FDA confirms presence of salmonella in melons”
Cantaloupe from Agropecuaria Montelibano tested positive for salmonella freetown during the Food and Drug Administration’s traceback investigation of an outbreak of salmonella litchfield. The FDA issued an import alert March 22 after traceback evidence linked product from Honduran grower-shipper Agropecuaria Montelibano with a salmonella litchfield outbreak that caused 50 reported illnesses in 16 states.

FDA spokesman Sebastian Cianci, however, said the agency started to escalate its melon sampling as reports of illnesses increased. The positive test for salmonella freetown was taken from an import sample of Agropecuaria Montelibano’s product on March 12, he said.

The FDA has identified 10 U.S. importers who received cantaloupe from Agropecuaria Montelibano during the outbreak:

* Bounty Fresh LLC, Miami, Fla.
* C.H. Robinson Worldwide Inc., Eden Prairie, Minn.
* Central American Produce Inc., Pompano Beach, Fla.
* Chiquita Brands International Inc., Cincinnati, Oh.
* Dole Fresh Fruit International, Westlake Village, Calif.
* Legend Produce LLC, Firebaugh, Calif.
* Pero Vegetable Co. LLC, Delray Beach, Fla.
* T.M. Kovacevich International Inc., Philadelphia, Pa.
* Tropifresh Inc., Los Angeles, Calif.
* Wuhl Shafman Lieberman Corp., Newark, N.J.

In addition to Chiquita and Dole, brands affected are:

* Chestnut Hill Farms
* Perfect Melon
* Mike’s Melons
* Mayan Pride
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Trial Lawyer's Public Justice Award

I got a call late yesterday from the Executive Director of the Washington State Trial Lawyers Association that I will be receiving the “Public Justice Award” at the May 1 Law Day Diner.  Once again humbled.  It goes to show that if you stick around long enough someone will notice.
The award is for “an individual or organization whose efforts, courage, litigation or innovative work results in the creation of a more just society.”
The Washington State Trial Lawyers Association represents attorneys and professionals in the legal field committed to champion the cause of those who deserve redress for injury to person, property or civil rights.  Established in 1953, the association conducts legal education, compiles research, facilitates the sharing of resources and implements the public affairs as well as government relations programs.
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