Fourth Salmonella Enteritidis Lawsuit Filed Against Wright County Egg - And, the FBI is in Iowa
Our fourth food poisoning lawsuit was filed today in the enormous egg recall and Salmonella outbreak tied to two Iowa egg farms. The lawsuit was filed against Quality Egg (doing business as Wright County Egg) in the Northern District Court of Iowa, Western Division just as the FDA released its report on Wright County Egg and Hillandale Farms.
“It’s almost a given that these kind of unhygienic conditions would produce contamination and illness. I hoped I had seen the last of this kind of disregard for public safety after the peanut butter outbreak, but this manages to be even worse.”
The plaintiff, a California mother of two young children, ate a custard dessert at a graduation banquet in May 2010. A few days later, she began to suffer from severe gastrointestinal symptoms including abdominal cramps and diarrhea. Her symptoms continued to worsen, and she was admitted to the hospital, where she remained for 4 days. She was released but had to be readmitted at the end of June for another 5 days. While hospitalized, she tested positive for the outbreak strain of Salmonella enteritidis. The California Department of Health confirmed that the eggs used to make the dessert she consumed came from Wright County Egg.
“The FDA report on these farms details appalling conditions,” said food safety attorney Bill Marler. “It’s almost a given that these kind of unhygienic conditions would produce contamination and illness. I hoped I had seen the last of this kind of disregard for public safety after the peanut butter outbreak, but this manages to be even worse.”
In August 2010, Wright County Egg and Hillandale Farms together recalled 550,000,000 eggs due to contamination with Salmonella. To date, 2,403 illnesses have been confirmed in Alaska, California, Colorado, Iowa, Minnesota, Nebraska, North Carolina, Nevada, South Dakota, Texas, and Wisconsin.
And, our investigators have confirmed that the FBI has been in and around the Wright County Egg and Hillandale Farms egg factories.
Really J. Pat?
Non-E. coli O157:H7 EHEC as “Adulterants.”
In another late Friday night press release,
Fruiti Pops, Inc. of Santa Fe Springs has recalled its mamey frozen fruit bars because of a possible link to a rare U.S. outbreak of typhoid fever. The company said Thursday that the fruit bars were distributed in California, Arizona and Texas since May 2009.
When lawyers talk about “the smoking gun,” we are usually talking documents, not finding genetically matching Salmonella Enteriditis samples at Wright County Egg and in its chicken feed – but that will work too.
Rodent feces are the usual source
According to press reports, late yesterday afternoon a federal judge recommended approval of a $12 million settlement for those sickened or killed in last year's salmonella outbreak tied to a Virginia-based peanut processor. This includes nearly 50 families represented by Marler Clark. 

Honestly, I am not sure what I would do (or what the public does) without the solid research by Ms. Entis (
The lag between problem and recall: "months"
State Ag and Federal (USDA/FSIS and FDA) authorities seem to be going out of their way to let us know that no one was inspecting the "hen houses" linked to this recall and outbreak - or any other hen houses for that matter. We are being assured that if the 
Yesterday I was speaking with David Hendee of the 
I am not sure this is something that 
I spoke with Alec MacGillis this morning about the 550,000,000 eggs being recalled and the 1,300 people sickened and the company, Wright County Egg, in the middle of it. His story,
Illnesses in at least seven additional people in Minnesota have been connected with an expanded multi-state recall of eggs from an Iowa producer due to contamination with Salmonella. This brings the total number of cases in Minnesota linked to the recall to 14. The additional Salmonella Enteriditis cases were identified as part of a restaurant outbreak in Bemidji, Minnesota in May. Shell eggs were identified as the likely source of this outbreak and were traced back by the Minnesota Department of Agriculture and FDA to Hillandale Farms of New Hampton, Iowa. Eggs from Hillandale Farms have now been included in an expanded egg recall that also includes Wright County Egg.
In the middle of a nationwide Salmonella outbreak, last week Elizabeth Landau of CNN asked if she could talk with one of my clients who had been stricken by Salmonella and had suffered complication – more than just a “tummy ache.” Fortunately for Elizabeth, but unfortunately for my clients, it is not hard to find more than a few. Her story,
Hillandale Farms of Iowa, issued a recall Friday of 170 million eggs that it sent to 14 states. The company said “laboratory-confirmed illnesses” had been associated with the eggs, and federal officials said the illnesses were part of a large outbreak of salmonella that has sickened hundreds of people across the country since May.
Salmonella Mamey Fruit Pulp
Salmonella Alfalfa Sprouts
I then picked up my well-read “Egg Rule” also known as “Federal Register Final Rule (July 9, 2009, 74 FR 33030): Prevention of Salmonella Enteritidis in Shell Eggs During Production, Storage, and Transportation,” for what exactly the rule now requires. Here are the highlights:
Wright County Egg in Galt, Iowa Thursday expanded its recall to include 380 million chicken eggs that could be contaminated with salmonella bacteria, in one of the largest such recalls in recent history.
U.S. Marshals, acting under a court order sought by the U.S. Food and Drug Administration, today seized packaged food products from a rodent-infested warehouse in Athens, Ga. A variety of products, including crackers, cookies and potato chips, were intended for sale to jails and prisons throughout the southeastern United States.
Oregon Public Health officials have recalled Umpqua Dairy brand Milk, half and half, cream and buttermilk as well as Umpqua Dairy brand gallon orange juice and fruit drinks. Umpqua Dairy Products Co., are sold in Oregon, southwest Washington and northern California.
California has been at 266, Minnesota at 7, Nevada at 30 and according to the 
In the middle of yet another nationwide recall of food (228,000,000 eggs to be exact) and an outbreak of Salmonella Enteritidis linked to those eggs that appears to have begun in the Spring and announced in August, I had memory of
According to press reports, contaminated pickles have been linked by the Cook County Illinois Department of Public Health to an outbreak of Salmonella poisoning (no serotype announced).
Just a few weeks ago it was four people in Clark County who became ill with Salmonella typhi, the bacterium that causes typhoid fever. Those four were part of a two-state outbreak (five ill in California too) believed to be a result of consuming a frozen fruit product called Goya brand mamey fruit pulp. Mamey fruit pulp, also known as zapote or sapote, comes from a tropical fruit grown in Central and South American countries and is often used in shakes and smoothies.
An outbreak of
The FDA announced that since May 2010, CDC has identified a nationwide, four-fold increase in the number of SE isolates through PulseNet, the national subtyping network made up of state and local public health laboratories and federal food regulatory laboratories. CDC received reports of approximately 200 SE cases every week during late June and early July. Normally, CDC has received an average of some 50 reports of SE illness each week for the past five years. Many states have also reported increases of this pattern since May 2010.
Well, that was until the CDC (and Minnesota separately) announced yesterday that In May 2010, it had identified a nationwide increase in the number of Salmonella Enteritidis isolates with PFGE pattern JEGXX01.0004 uploaded to PulseNet. The CDC pointed to the fact that this increase represented approximately a four-fold increase over the expected number of reported isolates of this particular PFGE pattern. Approximately 200 isolates were uploaded to PulseNet on a weekly basis during late June and early July compared to an expected 50 uploads a week on average during this same period in the previous 5 years.

Campylobacter is the second most common cause of bacterial foodborne illness in the United States after Salmonella. Over 3,000 cases were reported to the Centers for Disease Control and Prevention in 2003, or 12.6 cases for each 100,000 persons in the population. Many more cases go undiagnosed and unreported, with estimates as high as 2 to 4 million cases per year. It is estimated that each case costs $920 on average due to medical and productivity (lost wages) expenses with an annual total cost of $1.2 billion.
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.
Ohio, Illinois, Kentucky, and Wisconsin Lead the Illness Count
Shigella is a bacterium that can cause sudden and severe diarrhea (gastroenteritis) in humans. Shigellosis is the name of the disease that Shigella causes. The illness is also known as "bacillary dysentery." Shigella bacteria can infect the intestinal tract after the ingestion of relatively few organisms. This is why shigellosis is the most communicable of the bacterial-induced diarrheas.
Veron Foods, LLC of Prairieville, La. is recalling approximately 500,000 pounds of “ready to eat” sausage and hog head cheese products that may be contaminated with
Listeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells. Listeria also produces toxins that damage cells. Listeria invades and grows best in the central nervous system among immune compromised persons, causing meningitis and/or encephalitis (brain infection). In pregnant women, the fetus can become infected, leading to spontaneous abortion, stillbirths, or sepsis (blood infection) in infancy.
The Maine Center for Disease Control and Prevention (Maine CDC) is investigating a third case of acute
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.
E. coli O157:H7 was identified for the first time at the CDC in 1975, but it was not until seven years later, in 1982, that E. coli O157:H7 was conclusively determined to be a cause of enteric disease. Following outbreaks of foodborne illness that involved several cases of bloody diarrhea, E. coli O157:H7 was firmly associated with hemorrhagic colitis.
Investigators linked traces of salmonella typhi, the bacterium that causes typhoid fever, to a Goya brand frozen fruit product containing mamey fruit pulp. The fruit, also known as zapote and sapote is grown in Central and South America and often used in shakes and smoothies.
Outbreaks – Single Etiologic Agent

The precautionary recall notification is being issued due to an isolated instance in which one package of Fresh Express Veggie Lovers Salad yielded a positive result for Listeria monocytogenes in a random sample test collected and conducted by the Ohio Department of Agriculture.
Last week I gave a speech at IAFP - 
The Centers for Disease Control and Prevention said victims were made ill with two rare strains of salmonella over a period of time ranging from April 1 to July 19. So far, illnesses have not been reported in California. Last week, federal health officials tied the illnesses to food eaten “at a Mexican-style fast food restaurant chain.” On Monday, CDC spokeswoman Lola Russell said her agency “can’t confirm” the restaurant under investigation.
PulseNet participants perform standardized molecular subtyping (or “fingerprinting”) of foodborne disease-causing bacteria by pulsed-field gel electrophoresis (PFGE). PFGE can be used to distinguish strains of organisms such as Escherichia coli O157:H7, Salmonella, Shigella, Listeria, or Campylobacter at the DNA level. DNA “fingerprints,” or patterns, are submitted electronically to a dynamic database at the CDC. These databases are available on-demand to participants—this allows for rapid comparison of the patterns.
Reporting in the September issue of Pediatrics, researchers led by Dr. Casey Barton Behravesh of the U.S. Centers for Disease Control and Prevention say that contact with pets and contact with the pet's environment -- their bed and where they eat and sleep, for example -- can result in human infections. The authors of the study say they tracked a 2006-2008 Salmonella outbreak that sickened 79 American patients - about half of them 2 years old or younger - to household use of dry cat and dog food.
Since 1993, I have had the privilege to represent thousands of Americans - some your constituents. In 2002, during the middle of yet another E. coli outbreak, during the middle of another visit to an ICU to watch a new client struggle for life attached to more tubes than you can imagine, I penned an Op-ed for the Denver Post. Here is part of it:
An attorney for a nationally known food safety law firm said Saturday that the salmonella outbreak linked to Taco Bells in 21 states is likely the result of vegetables being brought into the stores.
Botulism is a rare, life-threatening paralytic illness caused by neurotoxins produced by an anaerobic, gram-positive, spore-forming bacterium, Clostridium botulinum. Unlike Clostridium perfringens, which requires the ingestion of large numbers of viable cells to cause symptoms, the symptoms of botulism are caused by the ingestion of highly toxic, soluble exotoxins produced by C. botulinum while growing in foods.
Customers of two Grand Lake Colorado restaurants are being urged to get either immune globulin (IG) or hepatitis A shots following the discovery that a worker employed at both eateries has a case of hepatitis A. The two restaurants were identified as Sagebrush BBQ & Grill and Max & T's Bar and Grill by the Grand County Public Health department. The health department said there are no other confirmed cases of hepatitis A at this time.



In the release FSIS admits that “in recent years, other types of STEC have been identified as agents of foodborne illness, and these are a growing concern in the United States, Europe, Japan and food safety agencies worldwide.”

A few weeks ago I spoke to the CMAJ for the story that they published this morning -
Just a few moments ago, the Colorado Health Department announced that more than two-dozen people who ate at The Fort in Morrison last month got sick. Officials believe undercooking eggs caused it - in particular for one specialty of the house. One of the signature dishes is rattlesnake cake. This year between July 10 and July 16 more than two-dozen people became ill at The Fort, quite possibly from the egg ingredients in the rattlesnake dish. So far there are eight confirmed cases of 
















