Marler Blog - Providing commentary on food poisoning outbreaks & litigation

Michael Burke of the Journal Times of Wisconsin reports that for the second time this year, Nestle's local plant has shut down a production line after a positive salmonella test. Workers reported, and the company confirmed, that a batch of chocolate chips tested positive for salmonella on Wednesday. Nestle spokeswoman Laurie MacDonald said the batch was made April 22, and the results came back several days later. That production line was shut down for "thorough additional cleaning," MacDonald said Friday. She said cleaning will continue through Sunday, and production is expected to resume Monday. MacDonald said none of the contaminated morsels left the plant. "That product remains under our control," she said, and will be destroyed. In mid-February the company acknowledged a similar incident in which it discovered salmonella during routine testing. Then, as now, MacDonald said none of the contaminated product ever left the plant; it was later destroyed.

In 2010 there are still lethal strains of E. coli that some parts of our government do not regulate in the food supply. E. coli O157:H7 has been considered an adulterant in food since 1994 by USDA/FSIS, but non–O157 strains, which can be just as devastating, are not. As a result, non-O157 strains of E. coli are not regulated or even regularly tested for in our meat supply.

Currently, there are two separate outbreaks emerging involving the non-O157 strains E. coli O1111 and E. coli O145. More than 50 people have fallen ill since April 7th although neither has yet been linked to a specific food product.

Like their notorious counterpart E. coli O157:H7, E. coli serogroups O26, O111, O145, and others have truly become a major public health problem. Annually in the United States they account for 37,000 illnesses and 30 deaths (Mead et al., 1999; Tozzi et al., 2003; Sonntag et al., 2004). Strains of E. coli O145 isolated from patients with sporadic illness ranked among the top six non-O157 serogroups submitted to the CDC by 43 state public health laboratories between 1983 and 2002 (Brooks et al., 2005). In a recent study that my law firm commissioned to discover the prevalence of non-O157 E. coli in retail hamburger samples, we found that approximately 1.9% of the 1216 ground beef samples tested were positive. And, this was ground beef sitting on store shelves, ready to be purchased and consumed. Serotypes included O26 (n=6), O103 (n=7), O113 (n=1), O121 (n=6) and O145 (n=3) (Samadpour, Beskhlebnaya and Marler (2009). This study is ongoing and final report on the 5,000 samples will be published this summer.

In October of 2009, I filed a Petition with the USDA/FSIS for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1). FSIS has responded, but has only said that they are considering the Petition. In addition to our Petition, recently the consumer advocacy group Safe Tables Our Priority (STOP) published a Press Release urging FSIS to declare "disease-causing E. coli's other than O157:H7 as adulterants in beef and begin testing for them." A few days ago, New York Senator Kirsten Gillibrand wrote to USDA Secretary Tom Vilsack, urging him “to respond formally to two petitions to the USDA’s Food Safety Inspection Services: 1) Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1) - Petition #09-03; and, 2) S.T.O.P.-Safe Tables Our Priority’s Call to Action and Public Petition.”

Perhaps there will be some movement. It is past time for the USDA to declare that all illness causing shiga-toxin producing strains of E. coli are adulterants and ban them from our food supply.

Misti Crane of the Columbus Dispatch (she has covered her fair share of E. coli outbreaks) reported a few moments ago that Health officials in New York have linked a person's illness there to the E. coli outbreak in Columbus, Ohio and Ann Arbor, Michigan, and are looking into at least 12 more possible cases.

As she reported earlier, all five confirmed Columbus cases have now been genetically linked to the outbreak in Michigan where seven cases have been confirmed with 14 probable. Eight other probable cases in Ohio are under evaluation. The Ohio Department of Agriculture is testing four food samples as is Michigan. Students at Ohio State University and the University of Michigan are among those sickened in the outbreak.

Never hear of E. coli O145 before? - click HERE to see why.  We have found E. coli O145 in hamburger - "PREVALENCE OF NON-O157 ENTEROHAEMMORRHAGIC ESCHERICHIA COLI IN RETAIL GROUND BEEF IN THE UNITED STATES," but it is still to early to say if this outbreak is hamburger or some leafy green - like lettuce.

Douglas County Public Health officials and the Oregon Department of Human Services are investigating an outbreak of salmonellosis that has been reported by local medical providers in the past week. Initial investigation results show that the seven people who have become ill ate at the Los Dos Amigos restaurant in downtown Roseburg from April 9 to April 17, according to a Douglas County Public Health news release.

Eleven inmates at Four Mile Correctional Center may be ill with E coli O111 infections. Colorado Department of Corrections spokeswoman Katherine Sanguinetti says three cases have been confirmed, with eight more suspected cases. Officials were working with the state health department to prevent the spread of the bacteria among inmates at the minimum-security prison.

Apparently, an E. coli O145 outbreak is no longer confined to Washtenaw County, Michigan or even the state of Michigan.  Ohio now reports E. coli O154 illnesses in Columbus-area residents, including several students of Ohio State University. Press accounts have indicated that a single Washtenaw county, as yet unnamed Mexican restaurant, is the source of the Washtenaw county portion of this outbreak.  The Ohio and OSU illnesses match the Michigan illnesses.

Eight months into Food Safety News, we had the chance to bring together the Washington DC, Denver and Seattle Bureaus, along with our interns and free-lancers in Las Vegas.  The goal is to talk this weekend about how we have been doing and how we can do better.

As I said to one Ag reporter a few months ago, "legislators and policy makers should set their sights on creating a sustainable and regionalized agricultural system. We need to balance safety with environmental policy — both energy/global warming and protection of biodiversity, ... We need a food policy that helps create healthy humans.”

We hope that Food Safety News is making us think about this.

Beltex Corporation, a Fort Worth, Texas, establishment, is recalling approximately 135,500 pounds of beef trim products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The following products are subject to recall:

Various pound boxes of “FRONTIER MEATS BEEF BONELESS NAVEL”
Various pound boxes of “FRONTIER MEATS BEEF TRIMMING 50/50”
Various pound boxes of “FRONTIER MEATS BEEF TRACE TRIM”
Various pound boxes of “FRONTIER MEATS BEEF COMBO BNLS”
Various pound boxes of “FRONTIER MEATS BEEF KIDNEY FAT”
Various pound boxes of “FRONTIER MEATS BEEF COMBO TRIM 75/25”
Various pound boxes of “FRONTIER MEATS BEEF COMBO TRIM 85/15”
Various pound boxes of “FRONTIER MEATS BEEF 115A BNLS CHUCK 2PCS”
Various pound boxes of “FRONTIER MEATS BEEF TRIMMING 85/15 VAC PACK”
Various pound boxes of “FRONTIER MEATS BEEF B-90 TRIMMINGS 91-CTRN”
Various pound boxes of “FRONTIER MEATS BEEF COMBO BNLS NAVEL SOAKED AND SALTED”
Various pound boxes of “FRONTIER MEATS BEEF TRIM XF SOAKED AND SALTED”
Various pound boxes of “FRONTIER MEATS BEEF TRIM REGULAR SOAKED AND SALTED”
Various pound boxes of “FRONTIER MEATS BEEF COMBO TRIM 85/15”
Various pound boxes of “FRONTIER MEATS BEEF COMBO BNLS 80/20”
Various pound boxes of “FRONTIER MEATS BEEF COMBO BONELESS NAVEL”

Each box bears the establishment number "EST. 07041B" inside the USDA mark of inspection on a label. The products were produced on Oct. 28, 2009, Nov. 20, 2009, Feb. 19, 2010, or April 2, 2010, and were distributed to wholesalers and other federal establishments in the States of Georgia, Louisiana, Ohio, Oklahoma, Texas, Washington and Wisconsin.

The problem was discovered by FSIS during a routine Food Safety Assessment performed at the establishment. The establishment’s methods for analyzing samples for E. coli O157:H7 in beef products raised concerns about the safety of the product.

I received yet another letter from my recent pen pal, Dr. Derfler, at the USDA’s FSIS. (click on image below):

For those interested in the retail hamburger testing for non-O157 that prompted the Petition, click here.  That Abstract was based upon about 1,000 samples.  We now have sampled about 5,000.  An updated Abstract and Paper is forthcoming.  For those interested in the actual back and forth between Dr. Phil and I, click here. For those willing to wade through the actual Petition:

Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1)

According to WPXI, James Orchard, a 67-year-old man from Mars, Pa., is on life support at UPMC Presbyterian because of the raw milk he consumed more than a month ago. James Orchard was diagnosed with Guillain-Barré syndrome (GBS), a disorder in which the body's immune system attacks part of the peripheral nervous system. Except for minimal head and eye movement, Orchard is totally paralyzed. Several days before the onset of his illness, Orchard and other members of his family, consumed raw milk purchased at the McGinnis Sisters Special Foods Store. The raw milk was produced by Dean Farms doing business as Pasture Maid, LLC, a creamery located in New Castle. Here is the kicker:

Milk from the bottles produced by Dean Farms purchased at the McGinnis Sisters store tested positive for Campylobacter bacteria. Many people who develop Guillain-Barré syndrome first had a Campylobacter infection. Since the positive tests, Dean Farms has since had its license pulled and is no longer allowed to sell raw milk.

However, according to the Kalamazoo Press, James McCurtis, public information officer for the state health department said milk sampled from the households where people fell ill did not test positive for the campylobacter bacteria found in the patients.

But the lack of a positive test result does not sway the health department’s conclusion that the raw milk was the source of the infections, he said. Trace amounts of bacteria such as campylobacter can cause illness in people, but because the bacteria are not evenly dispersed in foods, they may not show up in sampled portions, food scientists say.

Yet, Sally Fallon Morell, president of the Weston A. Price Foundation has the gall to tell the Pittsburgh Tribune-Review:

Contaminated water could turn out to be the cause of a sickness cluster initially attributed to raw milk, said Sally Fallon Morell, president of The Weston A. Price Foundation, a nonprofit in Washington that focuses on nutrition education. Raw milk is so "nutritionally dense" that it boosts immunity, improves behavior in children and wards off allergies and asthma, said Fallon Morrell. She said she knew about James Orchard's case and cautioned that all the facts aren't known.

Sally, it is time to face facts. Raw Milk caused Mr. Orchard’s illness and has caused illnesses across the United States for years. Denying it does not alter reality. Ms. Fallon Morrell, have you no shame?

The AP and New York Times reported this evening that “a ground beef recall that has expanded to WinCo Foods stores in six Western states was prompted by a law firm's investigation of contaminated beef products. “  No illnesses have been reported.

Because the meat could be contaminated with E. coli O157:H7, WinCo recalled fresh ground beef that was packaged in styrofoam trays at the stores and marked with sale dates from March 28 to April 9. The warning covers about 70 stores in California, Idaho, Nevada, Oregon, Utah and Washington.  WinCo, after learning about the bacterial contamination from an independent lab that was conducting a nationwide survey of ground beef for Marler Clark, a Seattle law firm specializing in food-borne illness cases, promptly recalled the meat.

According the the AP, Bill Marler commended WinCo Foods for issuing the recall, given that the information came from a private study. ''They certainly could have pushed back and said, 'What is this, it's a lawyer doing testing in a lab in Seattle,'' he said. ''They could have taken the much less pro-consumer point of view, because obviously this is not something a company wants to do. Under the circumstances, I certainly appreciate what they did.''

The reason that Marler Clark had been doing the ground beef sampling was to determine the prevalence of enterohemorrhagic Shiga Toxin producing serotypes of Escherichia coli, including non-O157:H7 serotypes. The study is being conducted to help determine the need to list all disease causing E. coli’s as adulterants (Petition pending), like E. coli O157:H7 currently is. Recently, we added testing for E. coli O157:H7 as a control measure.

The Westchester County Department of Health is offering free post-exposure treatment for hepatitis A for any customers of the Dunkin Donuts/Baskin Robbins at 422 Washington Street in Peekskill who consumed drinks containing ice between April 1 and April 6.

Those costumers may have been exposed to hepatitis A by an infected employee.

The health department has already begun providing treatment to household contacts and coworkers. The employee is recovering and is not considered infectious after April 6.

Preventative treatment is only effective if given within two weeks of potential exposure. Anyone who drank beverages with ice between March 28 and March 31 may have also been exposed, but would not benefit from the treatment, health officials said.

Well done WinCo!

Yesterday, WinCo Foods announced that it was issuing an expansion of the Class 1 recall on all fresh ground beef products sold at all WinCo Foods stores: The original recall issued on April 10, 2010 was for ground beef sold from it's Modesto store only.

Originally an independent lab had tested two samples of ground beef purchased at the Modesto, California store to be positive for E. coli O157:H7 and out of concern for the health of our customers and our ongoing commitment to provide only safe, quality products, WinCo Foods decided it was appropriate to issue a recall for the Modesto store.

The product under recall is all fresh ground beef packed in styrofoam trays with a sale date of March 28, 2010 through April 9, 2010. Product should either be returned to the store for refund or be destroyed. No illnesses have been confirmed to date in connection with this recall. List of all stores subject to recall.

Am J Gastroenterol advance online publication 23 February 2010; doi: 10.1038/ajg.2010.74 - Marroon Thabane MSc1,2, Marko Simunovic MD, MSc, FRCPC2,3, Noori Akhtar-Danesh PhD2,4, Amit X Garg MD, PhD, FRCPC2,5, William F Clark MD, FRCPC5, Stephen M Collins MD, FRCPC1, Marina Salvadori MD, FRCPC5 and John K Marshall MD, MSc, FRCPC, AGAF1,2

OBJECTIVES:

Acute bacterial gastroenteritis is associated with subsequent post-infectious irritable bowel syndrome (PI-IBS) in adults. Less is known about this relationship in children. In May 2000, contamination of municipal water by Escherichia coli 0157:H7 and Campylobacter species caused a large outbreak of acute gastroenteritis in Walkerton, Ontario. We assessed this association among a cohort of children enrolled in the Walkerton Health Study (WHS).

METHODS:

WHS participants who were under age 16 at the time of the outbreak but who reached age 16 during the 8-year study follow-up were eligible for the pediatric PI-IBS study cohort. Eligibility also required no diagnosis of IBS or inflammatory bowel disease before the outbreak and permanent residency in the Walkerton postal code at the time of the outbreak. Validated criteria were used to classify subjects as having had no gastroenteritis (unexposed controls), self-reported gastroenteritis, or clinically suspected gastroenteritis during the outbreak. From 2002 to 2008, standardized biennial interviews used a modified Bowel Disease Questionnaire to diagnose IBS by Rome I criteria. Risk factors for IBS were identified by logistic regression.

RESULTS:

In all, 467 subjects were eligible for the pediatric PI-IBS study cohort (47.1% female; mean age 11.6±2.44 years at the time of the outbreak). Of these, 305 were exposed to GE (130 clinically suspected and 175 self-reported) and 162 were unexposed controls. The cumulative incidence of IBS was significantly increased among exposed subjects vs. controls (10.5% vs. 2.5%; odds ratio 4.6, 95% confidence interval (1.6, 13.3)). In an unadjusted risk factor analysis, IBS was associated with a shorter time interval from exposure to assessment of IBS symptoms, female gender, diarrheal illness lasting more than 7 days, weight loss >10 lb, and antibiotic use during the outbreak. In adjusted analyses, both female gender and time interval to assessment of IBS symptoms remained independent predictors of PI-IBS.

CONCLUSIONS:

Acute bacterial gastroenteritis is associated with subsequent IBS in children as in adults. Risk factors for PI-IBS in children are similar to those identified among adults. Confirmation of these findings in similar cohorts is needed.

1. Division of Gastroenterology, Department of Medicine, and Farncombe Family Digestive Health Research Institute, McMaster University, Hamilton, Ontario, Canada
2. Department of Clinical Epidemiology and Biostatistics, McMaster University, Hamilton, Ontario, Canada
3. Department of Surgery, McMaster University, Hamilton, Ontario, Canada
4. School of Nursing, McMaster University, Hamilton, Ontario, Canada
5. Division of Nephrology, Department of Medicine, University of Western Ontario, London, Ontario, Canada

  

 The above will air Friday night at 7:30 PM on KCTS 9 - Seattle's Public Television Station.  Do not miss it.

The Foodborne Diseases Active Surveillance Network (FoodNet) of CDC's Emerging Infections Program conducts active, population-based surveillance in 10 U.S. states for all laboratory-confirmed infections with select enteric pathogens transmitted commonly through food. This report describes preliminary surveillance data for 2009 and trends in incidence since 1996. In 2009, a total of 17,468 laboratory-confirmed cases of infection were identified. In comparison with the first 3 years of surveillance (1996--1998), sustained declines in the reported incidence of infections caused by Campylobacter, Listeria, Salmonella, Shiga toxin-producing Escherichia coli (STEC) O157, Shigella, and Yersinia were observed. The incidence of Vibrio infection continued to increase. Compared with the preceding 3 years (2006--2008), significant decreases in the reported incidence of Shigella and STEC O157 infections were observed. For most infections, reported incidence was highest among children aged <4 years; the percentage of persons hospitalized and the case fatality rate (CFR) were highest among persons aged ≥50 years. In 2009, the Healthy People 2010 target of ≤1.0 case per 100,000 population for STEC O157 infection (objective 10-1b) was met. Further collaborative efforts with regulatory agencies and industry are needed to sustain and extend recent declines and to improve prevention of foodborne infections.

Surveillance Methods - FoodNet* is a collaborative program among CDC, 10 state health departments,† the U.S. Department of Agriculture's Food Safety and Inspection Service, and the Food and Drug Administration (FDA). It has conducted active, population-based surveillance for laboratory-confirmed cases of infection caused by Campylobacter, Listeria, Salmonella, STEC O157, Shigella, Vibrio, and Yersinia since 1996; Cryptosporidium and Cyclospora since 1997; and STEC non-O157 since 2000. FoodNet personnel regularly contact clinical laboratories to ascertain laboratory-confirmed cases of infection occurring within the surveillance sites. Hospitalizations occurring within 7 days of specimen collection date are recorded, as is the patient's status at hospital discharge or at 7 days after the specimen collection date if not hospitalized. Deaths and hospitalizations are attributed to the pathogen if they occur within 7 days of the specimen collection date, regardless of actual cause.

FoodNet also conducts surveillance for hemolytic uremic syndrome (HUS), a complication of STEC infection characterized by renal failure and microangiopathic hemolytic anemia, through a network of pediatric nephrologists and infection-control practitioners. Hospital discharge data are reviewed to validate HUS diagnoses and verify the presence of diarrhea in the 21 days before HUS onset. This report contains preliminary postdiarrheal HUS data for 2008, rather than for 2009, because additional time is needed to review hospital records.

Incidence rates for 2009 were calculated by dividing the number of laboratory-confirmed infections by U.S. Census Bureau population estimates for 2008. Final incidence rates will be reported when population estimates for 2009 are available. Case fatality rates (CFRs) were calculated by dividing the number of deaths by the number of laboratory-confirmed infections and multiplying by 100.

Surveillance Results - In 2009, a total of 17,468 laboratory-confirmed cases of infection were identified. The number of reported infections and incidence per 100,000 population, by pathogen, were as follows: Salmonella (7,039; 15.19), Campylobacter (6,033; 13.02), Shigella (1,849; 3.99), Cryptosporidium (1,325; 2.86), STEC O157 (459; 0.99), STEC non-O157 (264; 0.57), Vibrio (160; 0.35), Listeria (158; 0.34), Yersinia (150; 0.32), and Cyclospora (31; 0.07). Incidence varied among FoodNet sites. Incidence was highest in children aged <4 years for Salmonella (72.93), Campylobacter (28.70), Shigella (16.61), Cryptosporidium (5.36), STEC O157 (3.84), STEC non-O157 (2.72), and Yersinia (2.36) infections, and in persons aged ≥50 years for Listeria (0.82), Vibrio (0.62), and Cyclospora (0.11) infections.

The percentage of patients hospitalized ranged from 12.9% for Cyclospora infections to 89.2% for Listeria infections. The percentage hospitalized was highest among those aged ≥50 years for STEC O157 (59.4%), Salmonella (45.2%), Yersinia (43.2%), Vibrio (40.7%), STEC non-O157 (34.2%), Shigella (29.4%), Cyclospora (26.7%), Cryptosporidium (24.7%), and Campylobacter (21.3%) infections, and in children aged <4 years for Listeria (94.1%) infections. CFRs ranged from 0.05% for Shigella infections to 12.7% for Listeria infections. The CFR was highest in persons aged ≥50 years for Listeria (17.5%), Vibrio (8.1%), Yersinia (5.4%), STEC non-O157 (2.6%), STEC O157 (1.5%), Salmonella (1.2%), Cryptosporidium (1.1%), and Campylobacter (0.5%) infections. No deaths were reported for Cyclospora infections.

Among 6,371 (90.5%) Salmonella isolates serotyped, 10 serotypes accounted for 73.1% of infections: Enteritidis, 1,226 (19.2%); Typhimurium, 1,024 (16.1%); Newport, 772 (12.1%); Javiana, 544 (8.5%); Heidelberg, 230 (3.6%); Montevideo, 206 (3.2%); I 4,[5],12:i:-, 197 (3.1%); Muenchen, 170 (2.7%); Saintpaul, 157 (2.5%); and Oranienburg, 132 (2.1%).§ Among 154 (96.3%) Vibrio isolates with species information, 80 (52.0%) were parahaemolyticus, 22 (14.3%) were vulnificus, and 22 (14.3%) were alginolyticus . Among 264 STEC non-O157 isolates tested for O antigen, 235 (89.0%) had O antigen identified; the most common were O26 (28.9%), O103 (20.0%), and O111 (14.9%).

In 2008, FoodNet identified 64 cases of postdiarrheal HUS in persons aged <18 years (0.60 cases per 100,000). Among those, 42 (65.6%) occurred in children aged <5 years (1.40 cases per 100,000).

Comparison with Previous Years - A main effects, log-linear Poisson regression model (negative binomial) was used to estimate changes in incidence of infections in 2009 compared with previous years. This model accounts for site-to-site variation and changes in the size of the population under surveillance in FoodNet over time (1). The average annual incidence during 1) the first 3 years of surveillance (1996--1998) and 2) the preceding 3 years (2006--2008) were used for comparison. The estimated change in incidence between 2009 and the comparison periods was calculated with 95% confidence intervals (CI). For HUS surveillance, the average annual incidence for 2005--2007 was used as the comparison period. Changes over time were not evaluated for STEC non-O157 and Cyclospora.

In comparison with 1996--1998, rates of infection in 2009 were lower for Shigella (55% decrease, CI = 37%--68%), Yersinia (53% decrease, CI = 41%--63%), STEC O157 (41% decrease, CI = 27%--52%), Campylobacter (30% decrease, CI = 24%--35%), Listeria (26% decrease, CI = 8%--40%), and Salmonella (10% decrease CI = 3%--16%); rates were higher for Vibrio (85% increase, CI = 36%--150%). The incidence of infection with Cryptosporidium did not change significantly. The incidence of Vibrio infection has been increasing since approximately 2001 and the most marked decreases in Campylobacter, Listeria, and Salmonella infections occurred before 2004. The incidence of STEC O157 infection in 2009 was similar to that in 2004. In comparison with 2006--2008, the rates of Shigella (27% decrease, CI = 4%--44%) and STEC O157 (25% decrease, CI = 10%--37%) infection were significantly lower.

The incidence of infections with specific Salmonella serotypes in 2009, compared with 1996--1998, was lower for Typhimurium (51% decrease, CI = 44%--56%), Agona (48% decrease, CI = 26%--63%), Heidelberg (33% decrease, CI = 13%--48%), and Thompson (33% decrease, CI = 2%--55%), and higher for Javiana (120% increase, CI = 44%--235%), Newport (64% increase, CI = 27%--113%), Oranienburg (39% increase, CI = 2%--90%), and Enteritidis (32% increase, CI = 8%--61%). Compared with 2006--2008, only Oranienburg (35% increase, CI = 6%--73%) and I 4,[5],12,i:- (42% decrease, CI = 18%--59%) were significantly different. The incidence of postdiarrheal HUS in children aged <5 years and in persons aged <18 years did not change significantly in 2008 compared with 2005--2007.

NSF International, a global leader in food safety solutions, has announced the recipients of the 2010 Food Safety Leadership Awards. The winners will receive their awards at the 2010 Food Safety Summit in Washington, D.C. (Award ceremony is 9:45 a.m. EST, Wednesday, April 14th in Washington D.C. Convention Center’s Keynote Theatre).

NSF is an independent, not-for-profit organization committed to protecting and improving public health and safety, with a focus on food, drinking water, indoor air and the environment. As part of this commitment, NSF created the Food Safety Leadership Awards (FSLA) program to encourage the development of innovative technologies and learning programs that advance food safety efforts.

Each year, NSF solicits nominations from throughout the food safety community and convenes an independent panel of food safety experts from academia, industry and the regulatory community to select the winners. Nominations are evaluated on creativity, innovation, design and the contributions made to the advancement of food safety. This year, six individuals or organizations will be recognized in the categories of outstanding innovation in: “Training,” “Equipment Design,” “System Improvement,” and “Education.”

The 2010 Food Safety Leadership Award Winner:

Innovation in Education, William Marler, Managing Partner, Marler Clark, LLP, PS

For over 17 years, foodborne illness attorney Bill Marler has helped thousands of people suffering from serious disabilities caused by foodborne illness. Using the power of information, Marler devotes his time and effort to keeping awareness high by way of the Internet, media, public appearances and newsletters. This includes informational blogs and websites that educate the public about foodborne pathogens, including E-coli, salmonella and hepatitis, Marler’s Marlerblog.com and the web-based newsletter foodsafetynews.com. In 1998, Marler and his partners at Marler Clark founded Outbreak, Inc., a non-profit dedicated to training companies on how to prevent foodborne illness. Marler frequently speaks on the topic of food safety to public and environmental health groups and participates in panels, forums and symposiums to share food safety information. Through his efforts, Bill Marler has helped transform people’s experiences with foodborne illness into advocacy and his passion for educational outreach has proven to be one of the best tools for change.

Peter Hurley, Oregon policeman and father of three, was introduced to how serious foodborne illness can be when his son Jacob fell ill.  Jacob was sick for 11 days, and later the family found out that during his illness, they had unknowingly been feeding him exactly what made him ill - his favorite food, peanut butter crackers.  Jacob Hurley was one of more than 700 people infected with Salmonella by peanut products from the Peanut Corporation of America in 2009.  Peter has since become a vocal advocate for safer food, traveling to Washington DC to testify before congress, giving interviews, and writing about his experience. 

Today he will appear on Dick Gordon's "The Story", which airs nationwide on public radio stations.  To find out local airtimes, check the show's website.

Michael Moss of the New York Times told the story, Pioneer Press’ Ben Garvin took the photo, but Stephanie Smith still suffers from Hemolytic Uremic Syndrome brought on by E. coli O157:H7. From the New York Times:

Mr. Moss took that most pedestrian of American delicacies, the hamburger, and subjected it to probing reporting to figure out why, 16 years after an E. coli outbreak was linked to Jack in the Box restaurants, ground beef tainted with the pathogen remains such a common threat.

Using confidential corporate and government records, Mr. Moss was able to tell the story of a single hamburger, the American Chef's Selection Angus Beef patty that infected 22-year-old Stephanie Smith with E. coli in the fall of 2007 and left her paralyzed.

Mr. Moss's hamburger article was the centerpiece of a body of work focused on surprising and troubling holes in the system meant to keep food safe.

The day after Mr. Moss's article ran, Tom Vilsak, the Agriculture Secretary, said "the story we learned about over the weekend is unacceptable and tragic," and he launched a review of all department meat safety procedures.

Stephanie still is unable to walk.  She still suffers from a brain injury, and still will likely require multiple kidney transplants.  She will never be able to have children.  She has to date nearly $2,500,000 in medical bills.  She is facing a future of medical needs that will be in the tens of millions of dollars.  Too bad Mr. Vilsak, nor anyone from USDA or FSIS has visited Ms. Smith to see for themselves what this very nasty bug can do to a life.  Perhaps they can take the time to watch the video:

The 2010 Pulitzer Prize winners and Nominated Finalists in all categories will be announced on April 12, 2010 at 3 p.m. Eastern daylight time. Finalists are not announced in advance. Winners' names, photos and bios will be posted on this Website at 3 p.m., along with all winning photographs and cartoons. Links to winning news stories will also be provided where available. The 2010 Prizes are awarded for work published, produced or premiered in 2009.

My vote (I do not have one) would be the New York Times Michael Moss's October 2009 story about my client Stephanie Smith - "E. Coli Path Shows Flaws in Beef Inspection." I will actually be on a plane to Minneapolis during the announcement helping to make arrangements for Stephanie's transition home from several month in rehab where she has been learning to tolerate her disabilities.  Good luck Michael and the New York Times.

I landed a few hours ago from DC, and will be turning around on Monday AM to head back - rumor has it that S. 510 might actually move - I do not want to miss it.  On the way, I'll detour through Minneapolis to give a series of lectures of Foodborne Illness Litigation, or as I like to tell future business folks - "Why it is a bad idea to poison your customers."

Tuesday, April 13, 2010

9:00 -11:00 AM Food Law and Policy Seminar
William Mitchell College of Law – Room 319
875 Summit Avenue
St. Paul, MN 55105

12:00 - 1:20 PM Presentation to students arranged by Evan Henke - Includes Pizza!
U of M School of Public Health/Medical School
Mayo Building Room 3-100
420 Delaware St. SE
Minneapolis, MN

3:00 - 4:30 Food Science and Engineering Class
University of Minnesota Department of Food Science and Nutrition
1354 Eckles Ave, Room 136-A
St. Paul, MN 55108

7:25 PM Delta Airlines Flt # 2272 (Minneapolis – Washington Reagan)

North American Bison Co-Op, a New Rockford, N.D., establishment is recalling approximately 25,000 pounds of whole beef heads containing tongues that may not have had the tonsils completely removed, which is not compliant with regulations that require the removal of tonsils from cattle of all ages, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today.

Tonsils, and other specific parts, are considered a specified risk material (SRM) and must be removed from cattle of all ages in accordance with FSIS regulations. SRMs are tissues that are known to contain the infective agent in cattle infected with Bovine Spongiform Encephalopathy (BSE), as well as materials that are closely associated with these potentially infective tissues. Therefore, FSIS prohibits SRMs from use as human food to minimize potential human exposure to the BSE agent.

The product subject to recall includes:

Various weight cases of "Beef Heads KEEP FROZEN." Each case bears the establishment number "EST. 18859" inside the USDA mark of inspection and a case code number "16999." "North Dakota Natural Beef" is printed in the bottom left-hand corner of each label.

The recalled products were produced between June 25, 2009, and February 19, 2010. These products were shipped to distribution centers in Md., Mich., and Minn. for further sale.

We have been working on updating www.about-ecoli.com, www.about-campylobacter.com, www.about-hepatitis.com and www.about-salmonella.com and have finally finished the upgrades.  In addition to updating the content to reflect the newest information on the "bugs," we added a new section called "One Family's Story," so readers can get a better understanding of the impacts of foodborne illness.  Here are the links:

Isabella Armstrong, now six, and her three year-old sister Ashley, can often be found coloring, reading, or watching Dora the Explorer in front of the television. With her parents’ encouragement, Ashley is trying her best to be a normal three year old child, running and playing with her older sister and friends, scrapes and all. But in the aftermath of her E. coli O157:H7 infection and hemolytic uremic syndrome (HUS) in 2006, it has become painfully clear that Ashley will never be a normal girl. Her mother Elizabeth has always done her best to feed her children healthful foods, and has always offered them plenty of fresh fruits and vegetables. It is therefore ironic that the baby spinach Elizabeth served in a salad with spaghetti and meatballs on August 27, 2006 would change their lives forever.

Mari Tardiff, a public health nurse, and a busy wife, mother and athlete, was infected with Campylobacter after drinking raw milk that she had acquired through a “cow-share” program in California. She then developed Guillain-Barré syndrome (GBS), a rare and extremely serious complication of Campylobacter infections in which the body’s immune system attacks part of the peripheral nervous system. GBS left Mari paralyzed and fighting to regain body functions, including speech, movement, and breathing.

Richard Miller made a lunch date with his wife, never dreaming that a meal at a favorite Mexican-food restaurant would end up nearly killing him. But in 2003, Richard, along with hundreds of others, were infected after eating green onions contaminated with hepatitis A at a Chi Chi’s restaurant in Pennsylvania. Richard’s infection developed into fulminant hepatitis A, which required a liver transplant to save his life. Four other victims were not so lucky.

Clifford Tousignant, a veteran of the Korean War, and the recipient of three Purple Hearts, was infected by Salmonella contaminated peanut butter at the nursing home where he lived in Brainerd, Minnesota. Although he received skilled medical care throughout his illness, he did not survive his infection.  At the time of his death, Cliff left behind six children, fifteen grandchildren, and fourteen great-grandchildren.

I always enjoy going to DC (always the wannabe politician) – especially in the Spring (cherry blossoms) and when Congress is on recess. I am also looking forward to speaking at the Grocery Manufacturers Association Litigation Conference on April 7 and 8, 2010 in Washington DC.

My topic, “Secrecy, Costs, Criminal and Claimants,” is intended to prompt a bit(e) of thought on the lawyers and claims folks in attendance. My goal is to challenge them to think, not only about defending food manufacturers who have been sued in the food poisoning case, but to counsel their clients that the best way to avoid suits is not to poison their customers in the first instance. Wish me luck.

The CDC reports 252 individuals infected with the outbreak strain of Salmonella Montevideo, which displays either of two closely related pulsed-field gel electrophoresis (PFGE) patterns, have been reported from 44 states and District of Columbia since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AK (1), AL (2), AZ (7), CA (31), CO (5), CT (5), DC (1), DE (3), FL (3), GA (3), IA (1), ID (4), IL (23), IN (4), KS (5), LA (1), MA (14), MD (1), ME (1), MI (4), MN (6), MO (2), MS (1), NC (11), ND (1), NE (3), NH (2), NJ (9), NM (2), NY (19), OH (9), OK (1), OR (10), PA (7), RI (2), SC (1), SD (3), TN (5), TX (7), UT (9), VA (1), WA (18), WI (1), WV (1), and WY (2).  Illnesses have been linked to the consumption of Daniele Inc. Salami, Wholesome Spice and Mincing Spice black and red pepper.

Phil Brasher, dean of food and agriculture reporters, gave our new foodborne illness outbreak database a nice “shout-out:”

The nation’s top private food regulators, otherwise known as the Marler Clark law firm out of Seattle, are putting together a database for tracking food-borne illness. That’s something you might think the government would do, but it hasn’t. Check it out the database at outbreakdatabase.com.

Search on “Iowa” and “E. coli O157:H7,” the potentially fatal pathogen associated with ground beef, and you’ll find three outbreaks that have affected involved Iowa since 2006, including two last year.

Bill Marler, one of the nation’s top plaintiff’s attorneys for victims of food poisoning, is soliciting comments on the project. (I refer to Marler as a “regulator” because of the government’s and industry’s reliance on the tort system to hold companies accountable.)

The data are coming from state and local health departments as well as the Centers for Disease Control and Prevention and various journals that document outbreaks, including the CDC’s.

I was just in Iowa last week taking a quick tour of one of their many food production facilities.  Hopefully, none will be added to my database.

Hawaii Health officials said today that Peppa's Korean BBQ on South King Street in Honolulu agreed to remain closed until it completes corrective actions that meet department requirements. In the meantime, extensive sanitation measures are being taken.  The department is continuing to investigate seven cases of E. coli O157:H7 infections that broke out over a three-week period ending March 23.

Most E. coli O157:H7 illnesses have been associated with eating contaminated, undercooked ground beef, or other contaminated food, such as sprouts, lettuce, spinach, and unpasteurized milk or juice.

Symptoms may include severe diarrhea, fever and vomiting.  In some instances acute kidney failure and death can occur.

Reactive Arthritis refers to a group of arthritic diseases that includes a subset formally know as “Reiter’s Syndrome” The old term Reiter’s syndrome has fallen into disfavor. In recent medical literature Reiter’s Syndrome is simply referred to as Reactive Arthritis which may or may not be accompanied by extraintestinal manifestations. Reactive Arthritis is the name used to describe an uncommon, but potentially debilitating group of symptoms that follows a gastrointestinal, genitourinary, or viral infection. The most common gastrointestinal bacteria involved are Salmonella, Campylobacter, Yersinia, Shigella, E. coli, and Vibrio. The most common genitourinary causes are sexually transmitted diseases such as Chlamydia and Gonorrhea. The most common viral causes are the common flu, HIV, and Parvovirus.  Click on image to visit:

Guillain-Barré (ghee-yan bah-ray) syndrome (GBS) is a disorder in which the body’s immune system attacks part of the peripheral nervous system. The peripheral nervous system includes the cranial nerves (except the optic [eye] nerve), the spinal nerves, and the autonomic nervous system that governs involuntary actions. The central nervous system is the spinal cord and brain. GBS often occurs a few days or weeks after a person has had symptoms of a respiratory or gastrointestinal viral or bacterial infection; in fact, two-thirds of affected individuals have had a preceding infection. Campylobacter jejuni, cytomegalovirus, Epstein-Barr virus, and Mycoplasma pneumoniae are commonly identified antecedent pathogens, although C. jejuni is the most common pathogen that elicits GBS. Occasionally surgery or vaccinations will trigger the syndrome. GBS is not contagious. It has been reported that GBS occurs more in men than in women and more often in the elderly. Seasonality has not been reported in developed countries like the United States.  Click on image to visit: