April 2009

In 1993, Jack in the Box suffered a major foodborne illness outbreak involving E. coli O157:H7 bacteria. Four children died of hemolytic uremic syndrome (HUS), hundreds were hospitalized and 600 others were reported sick after eating undercooked patties contaminated with fecal material containing the bacteria at locations in California, Washington, Idaho and Nevada.  Brianne Kiner

The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention announced today not to eat raw alfalfa sprouts, saying they may be contaminated with Salmonella.

The contamination appears to be in seeds so washing the sprouts may not help, the FDA said in a statement.  "Other types of sprouts have

Ben Chapman, over at Bites, published a very complete list of Sprout Outbreaks Since 1990.

Since 1990, raw or slightly cooked sprouts have caused an estimated 2,166 illnesses, through 33 outbreaks (actually – 37 outbreaks, 2,273 illnesses). The U.S. Food and Drug Administration estimates that sprout-link outbreaks account for 40 per cent of all food-borne illness associated with produce.

Year      Type      Pathogen      Cases      LocationContinue Reading Thirty-Three Sprout Linked Outbreaks Since 1990 Sicked 2,166

FDA held a call Saturday, April 25 to inform industry (but not consumers) of a forthcoming FDA press release (today or tomorrow?) related to an outbreak of Salmonella SaintPaul linked to alfalfa sprouts – AGAIN. The multi-state outbreak began mid-March and is ongoing. Currently 31 cases in Michigan, Minnesota, Ohio, Pennsylvania, South Dakota, Utah and

Had a great chat with William Baldwin of Forbes Magazine for his opinion piece – "Needed: Tort Lawyers" – in the last week about the status of our Nation’s food supply. This interview may be a first for Forbes – that did not skin this trial lawyer alive, nor dip me in a vat of boiling ink.

Campylobacter, Escherichia coli, salmonella, listeria–it’s very dangerous to put things in your mouth. Foodborne illness sickens 76 million Americans a year, kills 5,000 and runs up $3 billion in hospital costs. What’s the answer to this epidemic?

One possible solution is more government and more laws. Those familiar with the proclivities of this magazine will not be surprised that I take a dim view of this solution (and, in particular, of the proposed Food Safety Modernization Act, which would bury food preparers in paperwork). No, I would prefer to have the same government and the same laws, but–here’s the surprise–more tort lawyers.

The tort bar has not, on the whole, covered itself with glory. A large fraction of asbestos cases, for instance, are based on quack readings of X-rays. But it’s a different story in the narrow specialty of food-poisoning litigation. There the science is sound. The typical plaintiff is the family of a child whose kidneys and other organs were damaged (in some cases fatally) by an E. coli infection. The link from the culprit food to the injured child is made unmistakable by genetic subtyping. The lawyer’s main task is to argue over how much the kid’s life is worth.

Meet William Marler, a 52-year-old Seattle attorney whose career was launched with a $15.6 million settlement against Jack in the Box. (This victim survived but lost her large intestine.) Sixteen years later he can brag that his firm, Marler Clark, has extracted just shy of half a billion dollars in settlements from food vendors. This suggests cumulative revenues of maybe $150 million for a small firm (seven lawyers, one full-time epidemiologist). But letting lawyers get rich has a nice side effect. The settlements get the attention of food producers. Bill Marler is not shy about using the Web, press releases and Capitol Hill testimony to publicize what he’s doing.Continue Reading Forbes Interview with Bill Marler