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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Another Peanut Butter Death – The Toll Now reaches six – Idaho, Minnesota, Virginia and North Carolina

Today, the CDC reported 453 persons (454 if you count the Canadian) infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (9), Arkansas (4), California (60), Colorado (10), Connecticut (8), Georgia (6), Hawaii (1), Idaho (10), Illinois (5), Indiana (3), Iowa (1), Kansas (2), Kentucky (3), Maine (4), Maryland (7), Massachusetts (40), Michigan (25), Minnesota (33), Missouri (8), Mississippi (1), Nebraska (1), New Hampshire (11), New Jersey (18), New York (18), Nevada (5), North Carolina (4), North Dakota (10), Ohio (57), Oklahoma (2), Oregon (5), Pennsylvania (13), Rhode Island (4), South Dakota (2), Tennessee (8), Texas (6), Utah (4), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2). Among the 437 persons with dates available, illnesses began between September 08 and December 31, 2008. Patients range in age from <1 to 98 years; 47% are female. Among persons with available information, 23% reported being hospitalized. Infection may have contributed to five deaths.

Now North Carolina reports another death.  And, still there is silence from CDC, FDA, King Nut and Peanut Corporation of America on my To Do List?

1. Make sure ALL product is promptly recalled;‚Ä®

2. Do not destroy any documents;‚Ä®

3. The companies should pay the medical bills and all related expenses of the innocent victims and their families;‚Ä®

4. The companies should pay the cost of all related Health Department, CDC and FDA investigations;‚Ä®

5. Provide all bacterial and viral testing of all recalled product and any other tested product (before and after recall);‚Ä®

6. Release all inspection reports on the plants by any Governmental Entity or Third-party Auditor;


7. Release all Salmonella safety precautions taken by either King Nut or Peanut Corporation of America Рespecially after the 2007 Salmonella Peanut Butter Outbreak;


8. Provide the public with the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak; and,‚Ä®

9. Show the public what is being done to prevent the next outbreak.

How many more illnesses or deaths?  This reminds me of Hanlon’s razor which reads:

"Never attribute to malice that which can be adequately explained by stupidity."