Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

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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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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