April 2013

In December 2009 the Minnesota Department of Health (MDH) uploaded results of molecular testing by Pulsed Field Gel Electrophoresis (PFGE) of an E. coli O157:H7 isolate cultured from a patient stool specimen to PulseNet, a national database of molecular subtyping or “fingerprinting” of foodborne disease causing bacteria.  The Minnesota isolate was assigned PulseNet 2-enzyme pattern

There were no “Innocent Sellers” in this tragedy.  Retailers in Colorado have both a moral and legal responsibility to those who were sickened, and the families of those who died, after consuming Listeria-tainted cantaloupe.

The 2011 Listeria Cantaloupe outbreak was the most deadly in the United States in nearly 100 years.  Colorado was by far the hardest hit of the 28 states involved.  Download Outbreak Summary and Exhibits No. 1, No. 2, No. 3, No. 4No. 5 and No. 6.

The final report of the CDC totaled 147 persons infected with any of the five outbreak-associated subtypes of Listeria monocytogenes from 28 states. The number of infected persons identified in each state was as follows: Alabama (1), Arkansas (1), California (4), Colorado (40), Idaho (2), Illinois (4), Indiana (3), Iowa (1), Kansas (11), Louisiana (2), Maryland (1), Missouri (7), Montana (2), Nebraska (6), Nevada (1), New Mexico (15), New York (2), North Dakota (2), Oklahoma (12), Oregon (1), Pennsylvania (1), South Dakota (1), Texas (18), Utah (1), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (4).

Among persons for whom information was available, reported illness onset ranged from July 31, 2011 through October 27, 2011. Ages ranged from <1 to 96 years, with a median age of 78 years. Most ill persons were over 60 years old. Fifty-eight percent of ill persons were female. Among the 145 ill persons with available information on whether they were hospitalized, 143 (99%) were hospitalized. Thirty-three outbreak-associated deaths were reported: Colorado (9), Indiana (1), Kansas (3), Louisiana (2), Maryland (1), Missouri (3), Montana (1), Nebraska (1), New Mexico (5), New York (2), Oklahoma (1), Texas (2), and Wyoming (2). Among persons who died, ages ranged from 48 to 96 years, with a median age of 81 years. In addition, one woman pregnant at the time of illness had a miscarriage. Ten deaths not attributed to listeriosis occurred among persons who had been infected with an outbreak-associated subtype.

Ultimately, the entire chain of distribution[1] – from farm to grocer (including auditors) – bears responsibility for this outbreak.  Who is more responsible – the farmer who grew the product, the auditor who looked the other way, or the retailer who simply cared that there was something on the shelf to sell?  That will be up to a jury to decide.

Few of us when we buy something like a cantaloupe in a grocery store could ever imagine that a grocer would ever claim that it has no moral or legal responsibility for selling you a product that sickened you or killed you husband or wife.  This is especially true when the grower is not financially responsible – bankrupt.  The moral issues aside, here are the legal reasons why a retailer will not escape responsibility or liability.

Strict Liability of Distributors and/or Sellers of the Products, “Innocent Sellers”Continue Reading Why Retailers in Colorado are Ultimately Responsible for Selling Listeria-Tainted Cantaloupe that Sickened 40 – Killing Nine

The cucumber that is.

With Arizona, California, Colorado, Idaho, Illinois, Louisiana, Massachusetts, Maryland, Minnesota, Nevada, New Mexico, North Carolina, Ohio, Oregon, South Dakota, Texas, Virginia, and Wisconsin leading the way, the CDC is reporting a Salmonella Saintpaul outbreak.  So far a total of 73 persons infected with the outbreak strain of Salmonella Saintpaul have been

Food Safety News reports that twelve people in Minnesota have fallen ill with Salmonella poisoning after eating unpasteurized, homemade queso fresco, a Mexican-style cheese, according to a joint statement released by the state departments of health and agriculture, and the City of Minneapolis.

At least eight patients were hospitalized after eating the product, and another

Arizona, California, Colorado, Idaho, Illinois, Louisiana, Massachusetts, Maryland, Minnesota, Nevada, New Mexico, North Carolina, Ohio, Oregon, South Dakota, Texas, Virginia, and Wisconsin report Salmonella Saintpaul Illnesses.

A total of 73 persons infected with the outbreak strain of Salmonella Saintpaul have been reported from 18 states.

27% of ill persons have been hospitalized, and no deaths

Food Safety News reports that health officials in Wisconsin suspect three patients sickened by the same strain of E. coli O157:H7 contracted their illnesses after consuming raw milk, Wisconsin Department of Agriculture spokeswoman Raechelle Cline told Food Safety News Thursday.

All three patients reside in Manitowoc County, and they include a three year-old child and