Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

Ubber (yet newbie) Foodblogger, Foodsnark (watch out Barfblog), beat me to another botulism story. The Snark found an article by Jared Taylor, of the South Texas Monitor - Botulism or not? - Bad oysters caused botulism, consumer says

Whether the lawyer has botulism or picked-up some other disease from this bottom-feeding, bivalve (no I’m not talking about other lawyers), my point is that I just don’t think you should eat oysters, raw or canned.  In addition to botulism, other diseases carried by these mollusks can be found at this Clemson University website.

We are representing folks from two earlier Botulism problems - one in Nevada and the other in Hawaii.  Foodborne botulism (as distinct from wound botulism and infant botulism) is a severe type of food poisoning caused by the ingestion of foods containing the potent neurotoxin formed during growth of the organism. The toxin is heat labile and can be destroyed if heated at 80°C for 10 minutes or longer. The incidence of the disease is low, but the disease is of considerable concern because of its high mortality rate if not treated immediately and properly. Most of the 10 to 30 outbreaks that are reported annually in the United States are associated with inadequately processed, home-canned foods, but occasionally commercially produced foods have been involved in outbreaks. Sausages, meat products, canned vegetables and seafood products have been the most frequent vehicles for human botulism.

We have seen both Hepatitis A and Vibrio illnesses related to oyster consumption. Although we do not take illnesses related to the eating (slurping) raw seafood, we do track the outbreaks at www.foodpoisonblog.com.

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New Era Canning Company of New Era, Michigan announces the recall of 171 cases with six cans per case of GFS Fancy Blue Lake Cut Green Beans because they may be contaminated with Clostridium botulinum, a bacterium which can cause life-threatening illness or death from botulism.  Consumers are warned not to use the product even if it does not look or smell spoiled.  The canned green beans were distributed to foodservice customers in Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Mississippi, Missouri, North Carolina, Tennessee, and Virginia and sold through GFS Marketplace stores in Indiana, Kentucky, and Tennessee.  The canned green beans are packaged in 6 lbs. 5 oz. cans under the GFS brand (GFS reorder #118737; UPC 93901 11873) with lot code 19H7FL printed on the end of the can.

We are representing folks from two earlier Botulism problems - one in Nevada and the other in Hawaii.
Foodborne botulism (as distinct from wound botulism and infant botulism) is a severe type of food poisoning caused by the ingestion of foods containing the potent neurotoxin formed during growth of the organism. The toxin is heat labile and can be destroyed if heated at 80°C for 10 minutes or longer. The incidence of the disease is low, but the disease is of considerable concern because of its high mortality rate if not treated immediately and properly. Most of the 10 to 30 outbreaks that are reported annually in the United States are associated with inadequately processed, home-canned foods, but occasionally commercially produced foods have been involved in outbreaks. Sausages, meat products, canned vegetables and seafood products have been the most frequent vehicles for human botulism.

Our friendly, neighborhood, Foodsnark, alerted me to:

Local schools, nursing homes warned of botulism threat

Schools just in Knox County:

Doak Elementary - Greeneville
Greeneville Middle School - Greeneville
Hal Henard Elementary - Greeneville
Eastview Elementary - Greeneville
Saint Joseph's School - Knoxville
Episcopal School of Knoxville
St. John Neumann School - Knoxville
Hillcrest Elementary - Morristown
M-H West High - Morristown
M-H East High - Morristown
Union Heights Elementary- Morristown
Westview Middle - Morristown
Alpha Elementary- Morristown
John Hay Elementary - Morristown
Surgoinsville Elementary - Surgoinsville
Cocke County High School - Newport
Northwest School - Newport

That is a lot of kids to poison.

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The Associated Press reported that Botulism has killed a 52-year-old Sandoval County man, according to the state Health Department.

State officials have not linked the man's case to this summer's recall of Castleberry's Food Co. products, but they said the man had eaten some of the recalled goods in the past and had shopped at a store that sold several recalled canned goods.

The man, whose name was not released, was hospitalized July 26 in Albuquerque and died about six weeks later, the Health Department said Monday.

In July, Castleberry's announced a massive recall that ultimately included more than 90 potentially contaminated products, including its chili sauces, beef stew and corned beef hash. The Augusta, Ga. factory at the center of the botulism outbreak was closed in conjunction with the recall.

That plant is set to open Tuesday, after getting the green light last week from the U.S. Food and Drug Administration and the U.S. Department of Agriculture.

The FDA has said the recall is not complete, and state officials are asking New Mexicans to check their cabinets and refrigerators to make sure they don't have any of the recalled items.

"Botulism poisoning is a serious and potentially deadly illness," state Environment Secretary Ron Curry said.

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I read today in the Charlotte Observer online that kids and parents at a church camp in North Carolina ate recalled Castleberry's chili last Tuesday.  Certainly, no one would knowingly serve recalled product at a camp for kids.  This is just another testament to how ineffective the Castleberry's recall was. 

After the recall, major grocery chains emptied their shelves of Castleberry's brands. But some smaller retailers didn't, and for the past week, county health inspectors have helped state officials check convenience stores throughout the county.

As of today, they had checked nearly 800 stores and home daycares, finding recalled cans in about 7 percent of them, said Bill Hardister, the department's environmental program manager. The department hopes to finish its canvass of stores and daycares today, he said.

Botulism is a serious illness.  There's got to be a better way to conduct a recall and make sure people aren't served product that could potentially contaminate them nearly a month after the fact.

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I ran across the following, posted on the Lubbock, Texas, News Radio website today.  James Clark wrote the article, Why The Code of Silence On Deadly Botulism?  He brings up some really good points about the information available to the media concerning the recall of Castleberry's products after they were found to be contaminated with Clostridium botulinum.  After all, the public relies on the media for all of our information about the recall, and if the media can't get answers, who can?

News Radio 1420 demands some accountability for the lack of public announcements and lack of answers to news media inquiries on botulism and the Castleberry recall.

Local news media including News Radio 1420 knew about the local angle of the national food recall story for well more than a week. But knowing it and getting official information for a story are two different issues.

News Radio 1420 asked Lubbock’s public health coordinator, Tigi Ward, why did the general public not hear from the Lubbock Health Department on the issue of botulism and the recall of Castleberry products?

Ward says, “The cases were not in our local jurisdiction. Consequently any information regarding the cases would come from that jurisdiction.”

In other words the case did not start in Lubbock. It started in another town. So, if we understand this correctly it is her contention that either Abernathy officials needed to say something about it or the state health department needed to say something about it. The Lubbock Health Department was not the lead agency.

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I am in Australia giving talks on how to improve food safety in the world and all people at the conference can talk about is how US businesses seem to do such a great job poisoning customers. I must admit it is a bit embarrassing. Castleberry's Food Co. has recalled more than 90 potentially contaminated products nationwide - including canned chili, hash, stew and dog food - over fears of botulism contamination. However, not only has the recall been a joke – products are still on shelves and in peoples’ homes – but the company has been silent on reaching out to the victims – what gives?

News reports are not good from home:

Child with botulism still critical

One of two West Texas siblings confirmed to have botulism poisoning from canned food recalled nationally remained hospitalized in critical condition Wednesday, a hospital official said.

Botulism leaves New Mexico man paralyzed

A 52-year-old Sandoval County man is paralyzed with botulism, and state health officials said in Albuquerque that they were trying to determine if he ate canned food involved in a nationwide recall.

Castleberry's Press Release today only underscores that it had no plan in place to deal with a recall of its product:

Castleberry’s Updates Status of National Canned Food Recall
Officials Express Urgent Need for Retailers and Consumers to Identify and Discard Recalled Items

Citing a continuing threat to public health, Castleberry's Food Company is urging retailers, food service operations, food banks, charitable organizations and consumers to be diligent in identifying and discarding canned products subject to Castleberry's national recall.

"Our primary focus is making sure that no potentially contaminated products are on grocery shelves, in peoples' homes or in emergency food supplies," said Steve Mavity, SVP Technical Services/Quality Assurance for Castleberry's. "Surveys by our own audit team, as well as those by inspectors from federal, state and local health agencies, confirm that some retail outlets, especially smaller independent and convenience stores, may still have recalled products available for sale. We are renewing our warning not to sell, open, or consume these products."

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SEATTLE, WA (August 2, 2007)—Bill Marler, an attorney who has represented thousands of victims of foodborne illness outbreaks, including victims of botulism poisoning, called on Castleberry’s, the company whose chili and dog food products were recalled last month due to contamination with Clostridium botulinum, to pay all botulism outbreak victims’ medical bills today.

“Without prompt medical attention, some of the victims of this outbreak would likely be dead,” Marler said. “In past botulism cases we’ve handled, victims’ medical expenses have exceeded half a million dollars. In addition to a hospital stay, some of these people will likely go through months of physical therapy after they are released from the hospital. It all adds up, and it’s only right for the company responsible for their illnesses to step forward and front medical costs for families.”

Confirmed botulism cases since the recall was announced have been reported in Indiana (3), New Mexico (1) and Texas (2). Health officials are awaiting test results on a suspected case in Hawaii. 

“Not only did Castleberry’s poison customers by putting out an unsafe product, it appears as though the company has conducted a very ineffective recall,” Marler continued, noting that consumers were confused about which products had been recalled because the Castleberry’s products had been sold under a number of different brand names, and did not specify that Castleberry’s was the manufacturer.

In Wednesday’s edition of the Indianapolis Star, Indiana State Health Commissioner Judy Monroe was quoted as saying, "It is obvious that there has been a recall failure." The statement was made after Indiana public health officials found more than 80 recalled products still on the shelves of some Indiana stores. 

“More has to be done to protect American consumers,” Marler concluded.

BACKGROUND: William Marler is an attorney who dedicated his law practice to representing victims of victims of foodborne illness outbreaks since 1993, when he represented Brianne Kiner in her $15.6 million E. coli settlement with Jack in the Box. He is out of the country, presenting at two Australian food safety conferences, but is available for comment by email at bmarler@marlerclark.com.  

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One of two Texas kids who were hospitalized with botulism was released from the hospital today.  The Lubbock-area siblings had eaten Castleberry's Austex Hot Dog Chili Sauce Original for lunch on June 28.  The next day, both became ill with symptoms of botulism poisoning.  According to an article in the Houston Chronicle:

An unopened can of the hot dog sauce, produced on May 7 at the company's canning facility in Georgia and purchased at the same time as the discarded can, was found in the children's home, the CDC said

The two children were at first evaluated at different hospitals, and multiple diagnoses were considered. After one child was transferred to the same hospital as the sibling, botulism was identified, and the children were placed on breathing machines.

The Texas Department of State Health Services reported the cases to the CDC on July 7.

One of the kids remains hospitalized in critical condition. 

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New Mexico health officials announced today that a New Mexico man had been hospitalized since July 26th with botulism.  The New York Times picked up the story from the Associated Press:

The 52-year-old man from New Mexico's Sandoval County, whose name was not released, was hospitalized July 26 and is in serious condition, able to only wiggle his toes, state health officials said.

''We can communicate with him only by him basically moving his toes,'' said Deborah Busemeyer, New Mexico Department of Health spokesman.

The federal Centers for Disease Control and Prevention said a preliminary test showed the man tested positive for botulism, Busemeyer said.

The CDC had said earlier that, as of July 22, four people had been hospitalized because of the contaminated food.

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This week's Morbidity and Mortality Weekly Report (MMWR), a publication put out by the CDC, contains an update on the current investigation into the botulism outbreak that was traced to consumption of Castleberry's chili products. 

Botulism Associated with Commercially Canned Chili Sauce --- Texas and Indiana, July 2007

On July 7 and July 11, 2007, public health officials in Texas and Indiana, respectively, reported to CDC four suspected cases of foodborne botulism, two in each state. Investigations conducted by state and local health departments revealed that all four patients had eaten brands of Castleberry's hot dog chili sauce before illness began. Botulinum toxin type A was detected in the serum of one Indiana patient and in a leftover chili mixture obtained from his home. CDC informed the Food and Drug Administration (FDA) of the apparent link between illness and consumption of the chili sauce. On July 18, FDA issued a consumer advisory, and the manufacturer, Castleberry's Food Company (Augusta, Georgia), subsequently recalled the implicated brand and several other products produced in the same set of retorts (commercial-scale pressure cookers for processing canned foods) at the same canning facility. Examination of the canning facility in Georgia during the outbreak investigation had identified deficiencies in the canning process. On July 19, the U.S. Department of Agriculture Food Safety and Inspection Service (FSIS) issued a press release that announced a recall of chili and certain meat products from the Castleberry canning facility and provided recommendations to consumers. That recall was expanded on July 21 to include additional canned products. A fifth case of botulism potentially linked to one of the recalled products is under investigation in California. This report describes the ongoing investigation by members of OutbreakNet* and others and the measures undertaken to control the outbreak, which is the first outbreak of foodborne botulism in the United States associated with a commercial canning facility in approximately 30 years.

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This company should not be pointing fingers at anyone but itself.  After all, who is more to blame?  The person who sold the juice or the person who drank the juice?  I know where I stand.

Tim Warner, spokesman for Bolthouse Farms, the company whose carrot juice has been traced as the source of botulism and the resulting paralysis of four American citizens and two Canadians, blamed consumers for their "failure to properly refrigerate" Bolthouse Farms carrot juice today. 

On the Bolthouse Farms Web site, the company stated in a press release that, "the company felt it most appropriate to pull our 100 percent carrot juice products off the market in the interest of consumer safety. If you have the product in your possession, please destroy it or return it to the store at which you purchased it for a refund."

But in the Toronto Star, Bolton is quoted as saying:

"It appears that it was consumers that did not take the good counsel to keep the product refrigerated," Bolthouse spokesman Tim Warner said yesterday, pointing to three Georgia residents and a Florida woman who are paralyzed and on ventilators.

Warner wouldn't comment on the paralyzed man and woman in Toronto but said: "We have validated that our process of keeping our juice refrigerated through the distribution channel is a good one and of high quality."

Bolthouse Farms voluntarily recalled all Bolthouse Farms 100 percent Carrot Juice, Earthbound Farm Organic Carrot Juice and President's Choice Organics 100 percent Pure Carrot Juice shipped in North America and Hong Kong after botulism was confirmed to be found in the products.

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