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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

First Salmonella Lawsuit to be Filed Against DeFusco’s – 56 Ill and 9 still Hospitalized

Screen shot 2011-03-27 at 6.21.41 PM.pngMonday we will be filing a lawsuit in Rhode Island on behalf of a Massachusetts family impacted by DeFusco’s Bakery. As of last Friday nine new cases were reported, bringing the total to 56. 26 needed hospitalization and 9 people still remained hospitalized.

The Rhode Island Health Department reported that swabs taken from cardboard boxes where empty pastry shells were stored at DeFusco’s Bakery tested positive for Salmonella. The boxes previously held raw eggs. Inspectors say they found pastry cream sitting on the floor, stored at room temperature — a major code violation.

“The temperature of the light cream was 125 degrees F and the temperature of the chocolate cream was 119 degrees F.”

The Health Department requires cream to be cooled to 41 degrees and stored in the refrigerator. Another violation involves cross-contamination of pastry shells places in egg boxes.

“Ready to eat previously baked pastry shells used for zeppoles, eclairs, and cream puffs, were stored in boxes that were used to store raw shell eggs.”

See full inspection report.  Not surprising – more lawsuits to follow.