Raw Goat Milk Injunction Sought in Missouri over E. coli Poisonings
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Raw Milk Causing Illness in East, Midwest and West
In breaking news this evening, Connecticut state inspectors are investigating raw milk from a Simsbury dairy farm after reported illnesses. The State Department of Agriculture is looking at whether the raw, unpasteurized milk from Town Farm Dairy on Wolcott Street is responsible for making people sick after a number of illnesses have been reported. The dairy has voluntarily shut down production and its store while inspectors investigate.
We are representing a young girl sickened with Hemolytic Uremic Syndrome by E. coli O157:H7 in Missouri. Press reports - Raw milk thought to sicken one with E. coli O157:H7 in Missouri. Radio station KSMU reports in this podcast that a local resident has contracted E. coli O157:H7 and that raw milk appears to be a risk factor. Hear it all at KSMU News.
We are also investigating a guillain-barre syndrome case from Crescent City, California that was caused by a Campylobacter infection induced by raw milk consumption. The victim has been hospitalized on a ventilator now for 5 weeks.
We are also continuing litigation on behalf of two children who suffered severe E. coli O157:H7 infections (HUS) after consuming raw milk products produced by Organic Pastures.
Agricola Zaragoza, Inc. of Texas Recalls Jalapeno Peppers - We are watching you.
The FDA has announced that Agricola Zaragoza, Inc. of McAllen, Texas is recalling Jalapeno Peppers distributed since June 30th, 2008 (see CDC Report below) because they have the potential to be contaminated with Salmonella, an organism that can cause serious and sometimes-fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.
The Jalapeno Peppers being recalled were shipped in 35lb. plastic crates and in 50lb. bags with no brand name or label. The recall is a result of sampling by FDA, which revealed that these Jalapeno Peppers were contaminated with the same strain of Salmonella Saintpaul responsible for the current Salmonella outbreak. It is unknown at this time, which, if any, of the more than 1,200 illnesses reported to date is related to this particular product or to the grower who supplied this product. Distribution of these products has been suspended while FDA, the Texas Department of State Health Services and the company continue their investigation as to the source of the problem.
So, they are only recalling Jalapeno Peppers "since June 30th"?
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Why, if the CDC says the Salmonella Saintpaul outbreak, which now numbers 1251 ill, whose illnesses began between April 10 and July 4, 2008, including 19 who became ill on July 1 or later, is the recall only start June 30th? So, that means that something started sickening people BEFORE June 30th? What? Tomatoes still not off the hook?
To make matters even more confusing, the FDA announced that Grande Produce, LTD. is recalling Jalapeno Peppers, Serrano Peppers, and Avocados do to a possible health risk.
NOTE: "According to the Texas and North Carolina Departments of Health, the strain of Salmonella found in this company's jalapeño and serrano peppers and in its avocado is not Salmonella Saintpaul, and is not believed to be related to the current Salmonella outbreak.
Grande Produce, LTD. CO of Hidalgo, Texas (hereinafter referred to as Grande Produce) is recalling Jalepeno Peppers and Serrano Peppers distributed between May 17th and July 17th, 2008; and Avocados, all sizes, with lot #HUE08160090889 because they have the potential to be contaminated with Salmonella. The Jalapeno Peppers, Serrano Peppers and Avocados were distributed to the following states: TX, DE, NC, GA, OK, IA, MN, IL, FL, IN, MD, NY, MS, AR, KS, and KY. The avocados being recalled were shipped in boxes labeled "Frutas Finas de Tancitaro HASS Avocados, Produce of Mexico," all sizes, with lot number HUE08160090889. The Jalapeno Peppers and Serrano peppers being recalled were shipped in 35lb. plastic crates with no brand name or label.
Salmonella Saintpaul found on Mexican Jalapeno Peppers in a Texas Plant
Only showing how our food system is truly global, today, US government inspectors have found Salmonella Saintpaul, the strain responsible for a nationwide food-poisoning outbreak, in Mexican-grown jalapenos in a Texas plant, prompting a new warning for consumers to avoid eating fresh jalapenos.
However, the FDA continues to say that it doesn't mean Mexican jalapenos are the culprit — the pepper may not have been contaminated on the farm. And while tomatoes currently are safe to eat, health officials also said the finding doesn't exonerate tomatoes that were sold earlier in the spring and summer.
Ouch, that makes my head hurt. Phyllis Entis from Efoodalert raises a number of issues and questions that still need to be resolved:
1. Is the Salmonella Saintpaul that was found on the jalapeño pepper identical to the outbreak strain?
2. Where did the contamination originate – on the farm in Mexico, at the produce distributor, or somewhere in between?
3. Is there any connection between the contaminated jalapeño and tomatoes?
4. Does the distribution pattern of the jalapeño peppers correlate with the geographic distribution pattern of lab-confirmed outbreak cases?
5. What other produce does the McAllen distributor handle, and is there any chance that these other produce items might become contaminated through cross-contamination at the distributor?
6. Are any of these peppers still available for sale in retail stores?
7. Are any of these peppers still in the food service distribution network or in restaurant kitchens?
First Georgia Lawsuit filed in National E. coli Outbreak
The first Georgia lawsuit stemming from National E. coli outbreak linked to six states was filed today in the U.S. District Court for the Middle District of Georgia, Valdosta Division against Nebraska Beef Limited. The complaint was filed on behalf of Evelyn and John M. Stewart of Moultrie, Georgia.
The lawsuit states that on June 20, 2008 the Stewarts ate at the Barbeque Pit in Moultrie, Georgia. Days later, Mrs. Stewart began having bloody diarrhea and signs of renal failure. She was admitted to the Colquitt Regional Medical Center, where she tested positive for E. coli O157:H7 and was diagnosed with HUS, or Hemolytic Uremic Syndrome, a severe and life-threatening complication. On June 26, she was transferred to the Archbold Memorial Hospital Medical Intensive Care Unit in Thomasville, GA, where she continues to battle the complications of the infection.
A cluster of E. coli illnesses appeared in Colquitt County in late June, and were traced to the Barbeque Pit, located at 311 First Ave. S.E., in Moultrie, Georgia. The restaurant closed voluntarily on July 3, and has been involved in rigorous testing and disinfection procedures. Eight cases of E. coli have been lab-confirmed, and four are pending results. Four of the victims have developed HUS. The Georgia cases have been genetically matched to the outbreak in Ohio, Michigan, Kentucky, New York, Utah, and Indiana. The multi-state outbreak has been traced to tainted meat from Nebraska Beef Ltd. of Omaha, NE, which was a supplier to the Barbeque Pit in Moultrie. At least 60 have fallen ill in seven states.
“Where is the legislation to prevent these illnesses?” asks William Marler, the Stewart’s attorney. “These people should not be in ICU, fighting for their lives, just because they went out to dinner. We have the ability to legislate, regulate, and eliminate E. coli from our food supply, and we need to see Congressional action.”“After changes in meat regulation dropped recall amounts from 23 million pounds in 2002 to only 181,900 pounds in 2006, 39 million pounds of E. coli tainted meat has been recalled since the spring of 2007. The numbers have just shot up in the last year,” says Marler, “and so have illnesses. If this was a serial killer—which, actually, it is—every resource in this country would have been mobilized against it. Nothing less is acceptable.”
WALB TV reported – “A South Georgia family filed a lawsuit Monday over that E. coli outbreak in Moultrie.” As I said:
"The bottom line for us is Nebraska Beef has the opportunity and the obligation to make sure that this nasty bug is not on the meat that they sell to the public," said Attorney Bill Marler Esq., Marler Clark LLP PS of Seattle, Washington.
Marler is no stranger to food-borne illness, he filed the class action lawsuit against ConAgra Foods after that Sylvester Peanut Butter Salmonella outbreak last year. Marler told WALB News 10 that this isn't his first suit against Nebraska Beef.
"We sued Nebraska Beef based on a 2006 church supper up in upstate Minnesota, that killed a woman and put another in the hospital for months we sued on both those ladies behalves and interestingly Nebraska beef has cross claimed against the church," said Marler.
That case is still unresolved. Marler urges tougher legislation to prevent these illnesses, keeping people out of ICU. In Stewart's case, she continues to fight for her life, having undergone dialysis and plasma replacements and a seizure that stopped her breathing.
That's why they're asking Nebraska Beef to step up and help pay medical expenses that are expected to cost the family three quarters of a million dollars.
As the Moultrie Observer reported - First E. coli suit filed - Moultrian Evelyn Stewart represented by Seattle law firm
Tomatoes, Jalapeño Peppers, Serrano Peppers, and Cilantro still linked to Salmonella Saintpaul Illnesses in United States and Canada
According to the CDC since April, 1237 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 43 states, the District of Columbia, and Canada. These were identified because clinical laboratories in all states send Salmonella strains from ill persons to their State public health laboratory for characterization. One new state, Montana, reported a case. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (16), Arizona (54), California (9), Colorado (16), Connecticut (4), Florida (3), Georgia (28), Idaho (6), Illinois (113), Indiana (18), Iowa (2), Kansas (19), Kentucky (2), Louisiana (1), Maine (1), Maryland (36), Massachusetts (28), Michigan (24), Minnesota (22), Mississippi (2), Missouri (20), Montana (1), New Hampshire (5), Nevada (12), New Jersey (12), New Mexico (102), New York (38), North Carolina (23), Ohio (10), Oklahoma (25), Oregon (10), Pennsylvania (12), Rhode Island (3), South Carolina (2), Tennessee (9), Texas (475), Utah (2), Virginia (31), Vermont (2), Washington (17), West Virginia (1), Wisconsin (13), and the District of Columbia (1). Five ill persons are reported from Canada; four appear to have been infected while traveling in the United States, and one illness remains under investigation.
Even the powerful Senate Agriculture Committee is weighing in.
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Also, according to the CDC, Illnesses have been linked to consumption of an "item" containing fresh tomatoes and fresh jalapeño peppers. Illnesses were also linked to an "item" containing fresh jalapeño peppers and no other of the suspect items. The accumulated data from all investigations indicate that jalapeño peppers caused some illnesses but that they do not explain all illnesses. Raw tomatoes, fresh serrano peppers, and fresh cilantro also remain under investigation.
The FDA has a slightly different take on this:
Consumers may resume enjoying any type of fresh tomato, including raw red plum, raw red Roma, and raw red round tomatoes.While we are changing our consumer guidance about tomatoes, we reiterate our guidance to consumers that those in vulnerable populations (infants, the elderly, and immune-compromised people) should avoid eating jalapeño and serrano peppers as the investigation continues. The Centers for Disease Control and Prevention (CDC) has found that many, but not all, of the people who have become ill during the outbreak also reported eating jalapeño or serrano peppers.
Nebraska Beef E. coli Sickens 49 in Georgia (4), Indiana (1), Kentucky (1), Michigan (20), New York (1), Ohio (21), and Utah (1)
According to the CDC today, state departments of health and agriculture in several states, collaborating local health jurisdictions, CDC, and the United States Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) are investigating a multi-state outbreak of Escherichia coli O157:H7 infections. As of July 17, 2008, 49 confirmed cases have been linked both epidemiologically and by molecular fingerprinting to this outbreak. The number of cases in each state is as follows: Georgia (4), Indiana (1), Kentucky (1), Michigan (20), New York (1), Ohio (21), and Utah (1). Their illnesses began between May 27 and July 1, 2008. Twenty-seven persons have been hospitalized. According to the CDC only one patient (we believe it to be as many as 6) developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths have been reported. Twenty-eight (57%) patients are female. The ages of patients range from 4 to 78 years; 47% are between 10 and 24 years old. We will be filing a complaint against Nebraska Beef Ltd., on Monday on behalf of a Georgia woman still struggling with HUS.
In 2006 only 186,000 pounds of E. coli-tainted meat was recalled. I have blogged about why the "Uptick" in 2007 and 2008, and why we are seeing a huge increase in E. coli cases in the last year. Here are the names of the companies, the dates of the recalls, and the amounts in pounds and tons for 2007 and 2008 to date (I did not list the Westland/Hallmark 143,000,000 pound recall, because it was a Class II recall and stupid):
2007
Snapps Ferry 12/17/07 102
Blue Ribbon Meats 10/24/07 8,200
Natural State Meat Company 1/29/07 4,240
Tyson Fresh Meats 3/2/07 16,743
Richwood Meat Company 4/20/07 107,943
HFX, Inc 4/20/07 259,230
PM Beef Holdings 5/10/07 117,500
Davis Creek Meats 5/11/07 129,000
United Food Group 6/3-6/9/07 5,700,000
Abbott's Meat Inc 7/21/07 26,669
Custom Pack 7/25/07 5,920
Tyson Fresh Meats 6/8/07 40,440
Topps Meat Company 10/6/07 21,700,000
Impero Foods 9/29/07 65
Fairbank Farms 9/5/07 884
J&B Meats 10/13/07 173,554
Cargill 10/6/07 845,000
Cargill 11/3/07 1,084,384
Arko Veal Co 10/13/07 1,900
Del Mar Provision Company 10/27/07 50
American Foods Group 11/24/07 95,927
Totinos/General Mills 11/1/07 3,300,000
Washington Beef 7/15/07 82,286
Interstate Meat 8/30/07 41,305
Fresh Brands 12/27/07 14,800
Total for 2007 - 33,756,142 pounds - 16,878 tons
2008 - so far
Mark's Quality Meats 1/5/08 13,150
Rochester Meats 1/12/08 188,000
Fairbank Reconstruction Co 5/12/08 22,481
Dutch's Meats 6/8/08 13,275
Palama Holdings 5/8/08 68,670
JSM Meat Holdings 5/16/08 undetermined
Kroger 6/25 - 7/3/08 undetermined
Nebraska Beef 6/30 - 7/3/08 5,300,000
Total for 2008 - 5,605,576 pounds - 2,803 tons
The graph data above comes from the FSIS Raw Ground Beef testing program and are current through July 8, 2008.
For those shocked by those numbers, please read "Tainted Food: How To Combat Food Poisoning in the United States? Mr. McCain, Mr. Obama, are You Paying Attention?"
Georgia Finally Joins List of E. coli Outbreak States, CDC Says
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No surprise to the folks sitting in the ICU waiting room of the Archbold Hospital in Thomasville, Georgia who I met with today. Three women in ICU with families at their side – life should not hang in the balance at age 70 after going to a local restaurant you have visited for years. A teenager should not be at risk of kidney failure after eating a burger. An adult man should not lose weeks of work for eating out. There are at least eight, and likely more to be counted, in the largest E. coli outbreak of 2008 - so far.
I only wish the lawyers and corporate executives of food companies could spend time with these families. Perhaps if they saw what I saw today they would get the cow shit off their product.
I left Minneapolis at 6:00 AM this morning, flew to Memphis, then to Tallahassee and drove to Thomasville. I just made it back to Seattle at 10:00 PM after retracing most of my steps. It has been a long day.
Well, on to the news - according to a recent news report, Georgia has one lab-confirmed case (the rest will be counted soon) of a bacterial infection that is a molecular match to 44 previously reported cases in Michigan (where we will file suit next week), Ohio (where we have filed two suits), Indiana, Kentucky and New York, according to the U.S. Centers for Disease Control and Prevention. However, Georgia health officials are investigating at least seven more cases of E. coli, all of them in Colquitt County. Beef from a Moultrie restaurant tested positive for E. coli and that beef has been linked to Nebraska Beef Ltd.
The outbreak has been traced to beef sold in Kroger supermarkets in Michigan and Ohio. Kroger last month recalled (after some prompting) ground beef sold in Michigan and Ohio stores, and then this month expanded it to include other states. Nebraska Beef Ltd. supplied the meat, ultimately recalling (after even more prompting) 5.3 million pounds of beef.
The local paper, the Moultrie Observer reported, "Local E. coli case linked to national outbreak."
- The CDC has now determined that it fit their case definition for the outbreak that began in Michigan and Ohio.
- CDC announced that New York, Kentucky and Indiana each had a lab-confirmed case of bacterial infection that matched the clusters in Michigan and Ohio that had been traced to beef sold in Kroger supermarkets. With the inclusion of Georgia, six states are now linked to the outbreak.
Kentucky, New York and Indiana added to Ohio and Michigan E. coli Outbreak Linked to Nebraska Beef - Georgia to Follow?
For the last few days I have been in Walker Minnesota (half way between Fargo and Duluth) defending the depositions of two families impacted by E. coli-tainted Nebraska Beef in 2006. One client suffered acute kidney failure and was on dialysis for nearly three weeks. The other client is a widower. His wife died after a month in the hospital - all just from eating Nebraska Beef hamburger at a church supper. Now this recent outbreak is piling up victims too.
According to press reports, An E. coli outbreak traced to recalled beef in Michigan and Ohio has spawned cases in three other states, U.S. health officials said Tuesday. New York, Kentucky and Indiana each have one lab-confirmed case of a bacterial infection that matches the 41 previously reported cases, according to the Centers for Disease Control and Prevention. All 44 illnesses in the outbreak are attributed to the same type of E. coli, one that causes a potentially deadly bacterial infection. The illnesses began between May 30 and June 24. CDC officials say 21 of the victims have been hospitalized and one developed kidney failure, but no one has died. The nearly 10 Georgia E. coli cases are still under investigation.
Also had a nice chat with the new "lawblogger."
As the New York Magazine said:
• If more Manhattan attorneys had cars, perhaps their license plates would be as clever as Seattle-based food-borne-illness lawyer Bill Marler's plates, which say "E Coli." Heh. [Law Blog/WSJ]
Faye Bryant, Moultrie Fights Hemolytic Uremic Syndrome Caused by Nebraska Beef E. coli
WALB TV reports today that Faye Bryant was transferred to the intermediate intensive care unit at Archbold Memorial Hospital last Saturday after her condition continued to get worsen. The Bryant's ate at the Barbecue Pit Steak And Seafood restaurant in Moultrie 3 weeks ago. Health investigators say beef served at the popular restaurant is the source of an E. coli outbreak in Colquitt County.
According Faye Bryant’s daughter, Mrs. Bryant is now in a semi-conscious state…. Her kidneys' are working from 0 to 10%.... She goes everyday to dialysis…. She has to have plasma exchange and platelets…. Her platelets just got up today so she won't have to have that anymore…. They found out she's having mini-seizures. All from this.
Post-diarrheal Hemolytic Uremic Syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10% of those infected with E. coli O157:H7 or other Shiga toxin (Stx) producing E. coli. D+HUS was first described in 1955, but was not known to be secondary to E. coli infections until 1982. It is now recognized as the most common cause of acute kidney failure in infants and young children. Adolescents and adults are also susceptible, as are the elderly who often succumb to the disease.
E. coli Sickens Several Moultrie Residents
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According to Georgia Public Radio, several Moultrie residents have been infected with a harmful strain E. coli O157:H7, according to local health officials.
The common link in all the cases is the consumption of meat supplied by Nebraska Beef limited. The company has recalled five million pounds of beef because of suspected E. coli contamination. Attorney Bill Marler is suing the company, and he says he expects even more recalls to be issued across the country as a result of the outbreak in Georgia.
"Retail outlets, whether it be Kroger or whomever, has an obligation to pull that product."
WALB TV:
"The ground beef that was tested from the restaurant has been confirmed to be positive for the e-coli," said Dr. Jacqueline Grant, S.W. Georgia Public Health Director.
The Health Department says the Barbecue Pit Restaurant makes its own hamburger meat. The contaminated beef in the sample has been traced to sirloin steak supplied by a middleman who is saying that it acquired beef products from Nebraska Beef.
Tomatoes, Jalapeno Peppers, Serrano Peppers and Cilantro Still Under Salmonella Saintpaul Suspicion
Again, according to the CDC, since April, 1065 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 42 states, the District of Columbia, and Canada. These were identified because clinical laboratories in all states send Salmonella strains from ill persons to their State public health laboratory for characterization. One new state, Mississippi, reports ill persons. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (14), Arizona (49), California (9), Colorado (15), Connecticut (4), Florida (2), Georgia (25), Idaho (5), Illinois (104), Indiana (16), Iowa (2), Kansas (17), Kentucky (1), Louisiana (1), Maine (1), Maryland (29), Massachusetts (26), Michigan (8), Minnesota (18), Mississippi (2), Missouri (12), New Hampshire (4), Nevada (11), New Jersey (9), New Mexico (99), New York (30), North Carolina (14), Ohio (8), Oklahoma (24), Oregon (10), Pennsylvania (12), Rhode Island (3), South Carolina (2), Tennessee (8), Texas (408), Utah (2), Virginia (29), Vermont (2), Washington (11), West Virginia (1), Wisconsin (11), and the District of Columbia (1). Four ill persons are reported from Canada; three appear to have been infected while traveling in the United States, and one illness remains under investigation.
Among the 762 persons with information available, illnesses began between April 10 and June 26, 2008, including 315 who became ill on June 1 or later. Many steps must occur between a person becoming ill and the determination that the illness was caused by the outbreak strain of Salmonella; these steps take an average of 2-3 weeks. Therefore, an illness reported today may have begun 2-3 weeks ago. Patients range in age from <1 to 99 years; 46% are female. The rate of illness is highest among persons 20 to 29 years old; the rate of illness is lowest in children 10 to 19 years old and in persons 80 or more years old. At least 205 persons were hospitalized. One death in a man in Texas in his eighties has been associated with this outbreak. In addition, a man in his sixties who died in Texas from cancer had an infection with the outbreak strain of Salmonella Saintpaul at the time of his death; the infection may have contributed to his death.
Nebraska Beef, Why Did You Not Disclose E. coli Tests? Are Criminal Sanctions Warranted?
E. coli reporter, Josh Funk, and I had a chance to talk a bit following my speech to ConAgra’s Food Safety Council about Nebraska Beef Ltd.’s slow response to indications that its products might have been tainted with E. coli. According to the FSIS, “Nebraska Beef was notified in the first half of June that two samples of its trim to be used in ground beef had tested positive for E. coli.” You must wonder when this company will get a clue. Will it be more illnesses? More recalls? More lawsuits (we just filed another)? Or, perhaps criminal sanctions? The company's products have now been linked to E. coli illnesses affecting 49 people in Georgia, Michigan and Ohio. The meat recall announced last week was expanded from 531,707 to 5.3 million pounds.
I also talked to the Omaha World Herald about why ConAgra asked me to come to Omaha to speak to its Food Safety Council and executives responsible for food safety. As I said:
"Paying attention to food safety is ultimately good for the bottom line and good for your company morally," Marler said.Too often, Marler said, companies either ignore or do not recognize warning signs of food borne illness.
Marler credited ConAgra Chief Executive Gary Rodkin and other company executives for inviting him to speak.
"It says a lot for the company," Marler said.
Georgia E. Coli Illnesses Linked to Nebraska Beef E. coli Recall
The widening cluster of E. coli O157:H7 infections in Georgia may be linked to an outbreak E. coli illnesses in Ohio and Michigan. The Moultrie Observer reports that preliminary testing has linked the at least 9 Georgia cases to the 41 in Ohio and Michigan, which have been traced back to beef products from Nebraska Beef Ltd. of Omaha.
E. coli infections began showing up in central Ohio in mid-June, paralleled by a sharp increase in E. coli cases in Michigan. By June 20, officials had genetically linked many of the Ohio and Michigan cases; the days that followed, the outbreak was traced to ground beef from Kroger stores. With illnesses nearing 30, Kroger initiated a voluntary recall on June 25. On June 30, FSIS announced that the tainted meat had been traced back to Nebraska Beef Products, and a recall of 531,707 pounds of ground beef products was initiated. On July 2, the Kroger recall widened to 20 states. On July 3, the Nebraska Beef recall was widened to include 5.3 million pounds. Georgia is not on the Kroger recall list, but is part of the Nebraska Beef recall.
Nebraska Beef Ltd. is already enmeshed in lawsuits stemming from tainted meat. In 2006, seventeen people were infected with E. coli O157:H7 after eating Nebraska Beef products prepared at a church dinner; one woman died. Nebraska Beef responded by suing the church. A lawsuit has just been filed on behalf of an Ohio resident who became ill from eating Nebraska Beef products in the recent outbreak there.
We also filed an additional lawsuit against Nebraska Beef today. The recent filing occurred today in the United States District Court, Southern District of Ohio, Eastern Division, on behalf of Pickerington, Ohio resident Dawn Grieves, who was infected with the toxic E. coli strain O157:H7 after eating ground beef processed by Nebraska Beef Ltd.
The lawsuit states that Ms. Grieves consumed Nebraska Beef Ltd products in the early part of June, 2008 and fell ill on June 5. She began to have increasingly severe symptoms including abdominal cramps, vomiting, and diarrhea, which sent her to the emergency room on June 6. She was given medication and returned home. Her health continued to deteriorate, and when and samples taken during her ER visit revealed that she had been infected with E. coli O157:H7, she returned to the hospital. She was admitted on June 9 and remained there until June 13. She continues to recover from her illness.
OK, so it seems like it is Jalapenos and Salmonella, or is it Serrano Peppers or Cilantro?
As I said to the Baltimore Sun about the confusion between tomatoes and Jalapenos:
"I've never seen a situation like this," William Marler, a Seattle lawyer who litigates food-borne illness claims, said in a recent interview. A mistaken focus on tomatoes would be a "black eye" for investigators, he said, while acknowledging that produce investigations are difficult.
More than 1,000 people have gotten sick from salmonella initially linked to raw tomatoes. The Centers for Disease Control and Prevention today also implicated some types of hot peppers. Certain raw tomatoes -- red round, plum and Roma -- remain a chief suspect. The FDA says people should avoid those tomatoes unless they were harvested in areas cleared of suspicion. But people at highest risk of severe illness from salmonella also should not eat raw jalapeno and serrano peppers. The feds say two deaths are associated with the outbreak -- a Texas man in his 80s, and another Texas man who died of cancer, but for whom salmonella may have played a role. At least 203 people have been hospitalized.
As I said to CNN:
Bill Marler, food safety attorney: "It's possible that the CDC got this one wrong. But had they continued to wait, and wait, and wait until the data was perfect, we then would be criticizing them for letting ill people stack up."
Since April, 1017 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 41 states, the District of Columbia, and Canada. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (14), Arizona (49), California (9), Colorado (13), Connecticut (4), Florida (2), Georgia (24), Idaho (4), Illinois (100), Indiana (14), Iowa (2), Kansas (17), Kentucky (1), Louisiana (1), Maine (1), Maryland (29), Massachusetts (25), Michigan (8), Minnesota (15), Missouri (12), New Hampshire (4), Nevada (11), New Jersey (9), New Mexico (98), New York (28), North Carolina (10), Ohio (8), Oklahoma (24), Oregon (10), Pennsylvania (11), Rhode Island (3), South Carolina (2), Tennessee (8), Texas (384), Utah (2), Virginia (29), Vermont (2), Washington (11), West Virginia (1), Wisconsin (11), and the District of Columbia (1). Four ill persons are reported from Canada; three appear to have been infected while traveling in the United States, and one illness remains under investigation.
Nebraska Beef E. coli and Colquitt County Georgia Do Not Mix
According to WALB TV 10:
A Moultrie restaurant bought tainted beef from a Nebraska distributor, which also supplied beef linked to an E. coli outbreak in Michigan and Ohio. The Barbeque Pit Steak and Seafood Restaurant voluntarily closed last Thursday at the request of the health department. Health officials called in the USDA who met Tuesday morning with the restaurant's owners and Public Health officials. They say the meat contaminated at the Moultrie restaurant was not ground beef, but it was beef from Nebraska Beef with the same date on it as the meat recalled in Michigan and Ohio.
My guess is that there will be more illnesses.
Nebraska Beef Ltd., - You are being watched.
You have to wonder if the folks who buy from Nebraska Beef have ever visited the plant? Have they ever had the plant audited. Have they ever reviewed the Non-compliance Reports? Frankly, I think the grocery stores - especially the big box types - need to take a more active role in seeing that plants like this perform - that is - they do not produce meat products contaminated with E. coli, Salmonella, Listeria, etc. Perhaps stores should be less concerned about sales and more concerned with safety.
I am also still wondering if Nebraska Beef grinds hamburger and if that hamburger will be part of an expanded recall. "Recall," it started at 500,000 pounds and then moved to 5,300,000 pounds based upon illnesses in Ohio and Michigan. It now appears according to press reports, that Nebraska Beef E. coli meat is linked to illnesses in Georgia.
Tomatoes, Cilantro, Jalapeño Peppers, Serrano Peppers, Scallions and Bulb Onions Now Being Investigation in Salmonella Saintpaul Outbreak - Nearly 1,000 Sickened
According to CNN, “starting Monday, health inspectors will halt the shipment of ingredients common to Mexican cuisine from Mexico to the United States” – this will include cilantro, jalapeno peppers, Serrano peppers, scallions and bulb onions. I assume that it may still include tomatoes?
As for illnesses, the CDC reports that 943 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 40 states, the District of Columbia, and Canada. Nearly 150 have been hospitalized. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (10), Arizona (45), California (8), Colorado (12), Connecticut (4), Florida (2), Georgia (24), Idaho (4), Illinois (93), Indiana (14), Iowa (2), Kansas (17), Kentucky (1), Louisiana (1), Maine (1), Maryland (29), Massachusetts (22), Michigan (7), Minnesota (8), Missouri (12), New Hampshire (4), Nevada (11), New Jersey (9), New Mexico (98), New York (28), North Carolina (10), Ohio (7), Oklahoma (23), Oregon (10), Pennsylvania (8), Rhode Island (3), South Carolina (1), Tennessee (8), Texas (356), Utah (2), Virginia (29), Vermont (2), Washington (4), Wisconsin (10), and the District of Columbia (1). One ill person is reported from Ontario, Canada.
According to the CDC, for every one person who is a stool-culture positive victim of salmonella in the United States, there a multiple of 38.5 who are also sick, but remain uncounted. (See, AC Voetsch, “FoodNet estimate of the burden of illness caused by nontyphoidal salmonella infections in the United States,”Clinical Infectious Diseases 2004;38 (Suppl 3):S127-34). That means that we are close to poisoning 38,000 people and we do not even know the vector.
The fresh vegetable industry has been beating up on the CDC and FDA in recent days for picking tomatoes as the likely vector - some even ignoring the ill people and asking for government handouts to tomato growers. So, why did the CDC and FDA pick tomatoes? Well, according to the FDA, during the past decade, the consumption of fresh and fresh-cut tomatoes has been linked to at least 12 different outbreaks of foodborne illness (most salmonella) in the United States. Those outbreaks include 1,840 confirmed cases of illness. The majority of these outbreaks have been traced to products from Florida and the eastern shore of Virginia; however, tomato-associated outbreaks also have been traced to tomatoes from California, Georgia, Ohio, and South Carolina. Some examples:
In 1990, a reported 174 salmonella javiana illnesses were linked to raw tomatoes as part of a four-state outbreak. In 1993, 84 reported cases of salmonella montevideo were part of a three-state outbreak. In January 1999, salmonella baildon was recovered from 86 infected persons in eight states. In July 2002, an outbreak of salmonella javiana occurred associated with attendance at the 2002 U.S. Transplant Games held in Orlando, Florida during late June of that year. Ultimately, the outbreak investigation identified 141 ill persons in 32 states who attended the games. All were linked to consumption of raw tomatoes.
During August and September 2002, a salmonella newport outbreak affected the East Coast. Ultimately, over 404 confirmed cases were identified in over 22 states. Epidemiological analysis indicated that tomatoes were the most likely vehicle, and were traced back to the same tomato packing facility in the mid-Atlantic region.
In early July 2004, as many as 564 confirmed cases of salmonellosis associated with consumption of contaminated tomatoes purchased at Sheetz Convenience Store were reported in five states: Pennsylvania, Maryland, Ohio, West Virginia, and Virginia. Seventy percent were associated with tomatoes in food prepared at Sheetz convenience stores.
In 2006 two outbreaks of salmonella-tainted tomatoes where reported by the FDA. One was blamed for nearly 100 illnesses in 19 states. FDA also traced tomatoes involved in another outbreak involving 183 people in 21 states. For more information on Salmonella visit www.about-salmonella.com and www.salmonellalitigation.com.
On the other hand I could not find a Jalapeno outbreak tied to salmonella at all and only two possibly linked to Hepatitis A and Norovirus. Heck, at Virginia Tech researchers found that "Hot pepper oil may prevent salmonella in poultry." Cilantro too, well, in fact studies have shown that salsa kills salmonella? Researchers thought they had identified a compound in cilantro, a key flavor component of salsa and a variety of other dishes, that kills harmful salmonella bacteria and shows promise as a safe, natural food additive that could help prevent foodborne illness, according to a joint study by U.S. and Mexican researchers.
Nine Georgians and Moultrie Barbecue Pit Latest Victims of Nebraska Beef E. coli - Including Hemolytic Uremic Syndrome (HUS) Cases
The Moultrie Observer reported on the link between ill people in Ohio and Michigan to at least nine in Georgia – “E. coli: Ground beef may be culprit.” The common denominator here is Nebraska Beef Ltd. (Remember, the guys who sue a church). You might recall www.efoodalert predicted this on July 2, 2008.
Here is the key: “A specimen sample from one of the patients resulted in a match to the same strain of E. coli bacteria in disease outbreaks in Michigan and Ohio, and those illnesses are linked to ground beef. “The National Centers of Disease Control and Prevention and state epidemiologists agree that ground beef may be a source of the infection in Colquitt County.” Nebraska Beef has recalled 5,300,000 pounds of meat.
Ground beef is used in some of the dishes served in the Barbecue Pit, a Moultrie restaurant that has voluntarily closed as disease investigators attempt to find the source of E. coli O157:H7 contamination. A common thread among patients with confirmed cases of the disease is that they ate at the restaurant.
The tally of confirmed E. coli cases has now climbed to six, with three more cases still considered probable. The three “probable” E. coli patients have hemolytic uremic syndrome (HUS). Laura Hall Bannister of Moultrie was one of the first ill reported. Hemolytic Uremic Syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10% of those infected with E. coli O157:H7 or other Shiga toxin (Stx) producing E. coli. D+HUS was first described in 1955, but was not known to be secondary to E. coli infections until 1982. It is now recognized as the most common cause of acute kidney failure in infants and young children. Adolescents and adults are also susceptible, as are the elderly who often succumb to the disease. We are now involved with at least three suits against Nebraska Beef:
Kroger E coli Outbreak Litigation
An outbreak of E. coli O157:H7 in June, 2008 was traced to Kroger stores in Ohio and Michigan. Kroger began a voluntary recall of certain ground beef products on June 25. On June 26, it was revealed that the meat was supplied by Nebraska Beef. Marler Clark filed the first lawsuit stemming from the outbreak on behalf of an Ohio resident on June 30, 2008.
Nebraska Beef E. coli Litigation
In 2006, meat manufactured by Nebraska Beef, distributed by Interstate Meat, and sold by Tabaka’s Supervalu was identified as the source of an E. coli outbreak among residents of and visitors to Longville, Minnesota. An outbreak investigation conducted by the Minnesota Department of Health and Minnesota Department of Agriculture led to the conclusion that 17 people who had eaten ground beef purchased at Tabaka’s Supervalu and consumed either in private homes or at a dinner prepared at the Salem Lutheran Church in Longville had become ill with E. coli infections. Three people developed hemolytic uremic syndrome (HUS), and one person died.
And, several E. coli cases in Georgia:
Bauer Meat E. coli Litigation – Georgia
Unnamed Maryland Health Official Fingers Jalapeno Peppers as Cause of Salmonella Saintpaul Outbreak
First it was Tomatoes, now it is Peppers? Jonathan Rockoff of the Baltimore Sun has continued on the trail of the likely ingredients of salsa that has sickened nearly 1,000 across the country over the last three months. However, like tomatoes:
So far, none of the jalapenos taken from restaurants and from the homes of those who became ill have tested positive for Salmonella Saintpaul. Echoing federal officials, who said this week that tomatoes remain the prime suspect, the health officials said that tomatoes cannot be ruled out as the cause of the outbreak. Investigators have been collecting samples of another possible suspect, cilantro, though the herb is less likely to be the source, said the officials, who spoke on condition of anonymity because the investigation is continuing.
One health official involved in the investigation said "loose ends" are keeping tomatoes under suspicion, but the official said they could be accounted for easily. The official said evidence is "piling up" that indicates that jalapenos are to blame. "There's certainly no shred of doubt in my mind," the official said. Another health official was more cautious, saying that the evidence is pointing to peppers but that there is not yet enough information to rule out tomatoes.
Hmm, now it is clear?
CDC Update of Michigan and Ohio E. coli O157:H7 Outbreak Linked to Hamburger Sold at Kroger and Manufactured by Nebraska Beef Ltd.
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As of 5pm EST, July 2, 2008, 41 confirmed cases have been linked both epidemiologically and by molecular fingerprinting to this outbreak, 21 in Michigan and 20 in Ohio. Onset of illness in these patients occurred from 5/30/08 to 6/20/08. Twenty-two ill persons have been hospitalized. One patient has developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths linked to the outbreak have been reported. Twenty-four (59%) patients are female. Patients range in age from 4 to 78 years with a median age of 20 years.
State health and agriculture departments have tested ground beef recovered from patient residences and purchased at Kroger® retail stores in Michigan and Ohio. Molecular fingerprinting testing conducted by the Ohio and Michigan Departments of Health and Agriculture Laboratories, in collaboration with PulseNet, the national molecular subtyping network for foodborne disease surveillance, on E. coli O157:H7 isolates isolated from these ground beef samples have confirmed the isolates to be the outbreak strain of E. coli O157:H7.
On June 25, 2008, a recall was announced for ground beef sold at Kroger® Co. Stores in Michigan and Ohio. On June 30, 2008, a second recall of 531,707 pounds of ground beef components from Nebraska Beef Ltd. was announced. On July 3, 2008, Nebraska Beef Ltd. expanded the June 30 recall to include all beef manufacturing trimmings and other products intended for use in raw ground beef produced between May 16 and June 26, 2008, totaling approximately 5.3 million pounds.
Salmonella Saintpaul Outbreak Update From CDC
922 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 40 states and the District of Columbia. Two new states, Iowa and Louisiana, report ill persons. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (10), Arizona (45), California (8), Colorado (12), Connecticut (4), Florida (1), Georgia (22), Idaho (4), Illinois (91), Indiana (14), Iowa (2), Kansas (17), Kentucky (1), Louisiana (1), Maine (1), Maryland (29), Massachusetts (22), Michigan (7), Minnesota (2), Missouri (12), New Hampshire (4), Nevada (11), New Jersey (6), New Mexico (95), New York (26), North Carolina (10), Ohio (7), Oklahoma (23), Oregon (10), Pennsylvania (8), Rhode Island (3), South Carolina (1), Tennessee (7), Texas (356), Utah (2), Virginia (29), Vermont (2), Washington (4), Wisconsin (10), and the District of Columbia (1)
Hamburger Cooking Tips from the E. coli Lawyer
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I admit it. I know too much. I have been to too many slaughterhouses and Hospital ICUs – my family does not eat hamburger. I would not eat it, I do not cook it and I certainly do not serve it. That is my tip. Just say No! Or as I told Misti the Columbus Dispatch reporter:
Most cooks don't consider that their food might be poisonous, said William Marler, a Seattle lawyer who represents people sickened by contaminated food.But Marler doesn't have to worry much about etiquette at the barbecue.
He's never invited.
However, for those not able to remain just tempted, the Columbus Dispatch has a list:
Continue Reading...New US Export to Canada - Salmonella Saintpaul
Well it is great to see that our exports are picking up given the tough business climate we are in. However, I am not sure exporting ill people across the Canadian Border is really the way to pick up new business.
Canada finds first case linked to U.S. salmonella outbreak in returning traveller
Canadian authorities have found a case of Salmonella Saintpaul, the strain behind the massive salmonella outbreak in the United States. The Public Health Agency of Canada says a person from Ontario was sickened by a strain of the bacteria with the same genetic fingerprint as the one responsible for the U.S. outbreak. The person, who became sick in early June, had just returned from travelling in the United States when the illness struck. Agency epidemiologist Andrea Ellis says it seems clear the person became infected south of the border. She says there's no indication that the contaminated food responsible for the U.S. outbreak has made its way to Canada. The U.S. Centers for Disease Control says 922 cases have been confirmed in 40 states and the District of Columbia. While earlier in the outbreak it was thought certain types of tomatoes were responsible, the investigation has been broadened to look at whether ingredients that go into fresh salsa could be the cause
Death Sentence For Nebraska Beef Due To E. coli O157:H7 Contaminated Hamburger?
Well, my guess last night was correct, FSIS just issued this release:
Nebraska Firm Expands Recall of Beef Products Due To Possible E. coli O157:H7 Contamination
Recall Release CLASS I RECALL
FSIS-RC-022-2008 HEALTH RISK: HIGH
Nebraska Beef, Ltd., an Omaha, Neb., establishment is expanding its June 30 recall to include all beef manufacturing trimmings and other products intended for use in raw ground beef produced between May 16 and June 26, totaling approximately 5.3 million pounds [2,650 Tons], that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today. This recall is being expanded based on the ongoing epidemiological and traceback investigations of a foodborne illness outbreak.
Here is the kicker and the likely killer of Nebraska Beef:
FSIS has concluded that the production practices employed by Nebraska Beef, Ltd. are insufficient to effectively control E. coli O157:H7 in their beef products that are intended for grinding. The products subject to recall may have been produced under insanitary conditions.
The products subject to recall were further processed into ground beef at other firms, and will likely not bear the establishment number "EST 19336" on products made available for direct consumer purchase.
The epidemiological investigations and a case control study conducted by the Michigan and Ohio Departments of Agriculture and Health and the Centers for Disease Control and Prevention determined that there is an association between the ground beef products and 40 illnesses reported in Michigan (21) and Ohio (19). The illnesses were linked through the epidemiological investigation and by their PFGE pattern, or DNA fingerprint, found in PulseNet, a database maintained by the Centers for Disease Control and Prevention. Also as a result of the investigation, on June 25 FSIS announced a recall of ground beef products sold at Kroger retail establishments in Michigan and in Central and Northwestern Ohio.
Kroger Recalls Meat from 20 States Due to E. coli Risk - Will Nebraska Beef Recall Even More than the 265 tons in the Morning?
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Today, Kroger expanded its recall of some ground beef products to its stores in more than 20 states, saying the meat may be contaminated with E. coli. Kroger's recall stems from meat obtained from Nebraska Beef Ltd. that has been linked to some 50 illnesses reported in Michigan and Ohio between May 31 and June 8. Nebraska Beef has recalled from wholesalers and other processing companies nearly 532,000 pounds of meat produced on five dates between May 16 and June 24. Interestingly, Nebraska Beef’s recall is for trim and intact cuts of meat, but not hamburger. Does Nebraska Beef grind Hamburger? If so, where and why no recall of it? Perhaps that will be the recall of the day?
Kroger initiated a recall June 25 for Kroger stores in Michigan and in central and northern Ohio. The expanded recall includes ground beef sold at Fred Meyer, QFC, Ralphs, Smith's, Baker's, King Soopers, City Markets, Hilander, Owen's, Pay Less and Scott's with overlapping sell-by dates from mid-May through mid-July.
I did speak to Laura Gunderson of the Portland Oregonian in story about the “Beef Recall Hits Oregon and Washington.” In our discussion about Nebraska Beef’s past litigation and its Press Statement of a few days ago she wrote:
In a statement issued with the recall, Nebraska Beef officials wrote, "Since inception in 1995, the company has processed over 10 billion pounds of product without a confirmed customer illness."But a Seattle lawyer isn't swayed.
Bill Marler, whose firm specializes in food-poisoning cases, sued Kroger and Nebraska Beef this week on behalf of a consumer who he said tested positive for E. coli O157:H7 after eating ground beef sold at a Kroger store in Dublin, Ohio.
Marler also is suing Nebraska Beef over a 2006 E. coli outbreak after a church potluck in Minnesota that killed a 73-year-old woman and sickened 16 other people. In that case, Marler said, he found Nebraska Beef had detected trimmings, such as fat and bone, contaminated with E. coli. The trimmings were tossed, Marler said, but not the actual meat that had been distributed. The meat, Marler said, was later genetically matched to some of the sick churchgoers' stools.
The company, in turn, sued its distributors and the church, Salem Lutheran of Longville, Minn. The company's legal team had the church's pastor give a deposition last week, Marler said.
In the past, Nebraska Beef's representatives have pointed out that the church women's auxiliary may have introduced contamination as they molded meatballs for a monthly fundraiser.
Marler said it would be uncommon for a slaughterhouse to perform an unnecessary recall.
"If they didn't sicken people," he said, referring to Nebraska Beef's statement earlier this week, "why would they voluntarily withdraw the meat?"Nebraska Beef successfully sued the USDA in January 2003 to block the federal agency from shutting down one of its plants after the agency said it found E. coli-contaminated meat at a company subsidiary. The agency argued that serious food-safety violations warranted closure of the plant, which it said had a documented history of unsanitary conditions and violations.
Nebraska Beef argued that a closure could cost it $2.7 million a day and 1,100 jobs and drive the company out of business.
A federal judge granted Nebraska Beef a restraining order and a few weeks later the company agreed to a settlement with the agency that included additional food-safety monitoring. Soon after, the USDA dinged the company with nearly 60 noncompliance reports.
In May 2007, Nebraska Beef sued the agency -- and nine of its employees -- to argue that the inspectors had unfairly targeted its plant. The case was later dismissed
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Say, Do you have Salmonella Saintpaul in my Salsa?
The CDC says now that we have 887 people infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 38 states and the District of Columbia. Two new states, Alabama and South Carolina, report ill persons. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (10), Arizona (44), California (8), Colorado (11), Connecticut (4), Florida (1), Georgia (22), Idaho (4), Illinois (91), Indiana (11), Kansas (17), Kentucky (1), Maine (1), Maryland (29), Massachusetts (21), Michigan (6), Minnesota (2), Missouri (12), New Hampshire (3), Nevada (11), New Jersey (6), New Mexico (90), New York (26), North Carolina (5), Ohio (7), Oklahoma (23), Oregon (10), Pennsylvania (8), Rhode Island (3), South Carolina (1), Tennessee (6), Texas (354), Utah (2), Virginia (22), Vermont (2), Washington (4), Wisconsin (6), and the District of Columbia (1).
The produce industry is calling for "investigations" (hmmm, where have they been in the last several years as they have poisoned thousands?) to see why the CDC and FDA may have picked tomatoes instead of Salsa as the vector for all these illnesses. The USA Today quotes me as saying:
Bill Marler, one of the nation's leading food-safety attorneys, says the FDA can't be faulted for acting in the absence of a "smoking tomato" laced with the salmonella bacteria.<