Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

Well, the stocking are hung and the presents are all wrapped, and I am surfing the net to see what there is to blog about (my version of the “Night Before Christmas”) when I found this quote:

“Nine billion food animals are produced and slaughtered in the United States annually, and all of those animals are defecating and shedding bacteria, including drug-resistant bacteria…. We are running out of antibiotics to treat human infections.” Lance Price

Antibiotic-resistant bugs have been in the news recently. Some, like Salmonella Newport, have caused illness in consumers of Safeway ground beef.  Newsday recently reported - "Poultry Workers may spread E. coli" – No, not E. coli O157:H7, but gentamicin-resistant E. coli.

Public health investigators at Johns Hopkins University estimate that workers in poultry factories in the United States are 32 times more likely to be colonized with E. coli that repels the antibiotic gentamicin than other people. The drug is used to treat both poultry and humans.

Recently, in a new study, “MRSA prevalent in Canadian pig farms and pig farmers,” published in Veterinary Microbiology found methicillin-resistant Staphylococcus aureus (MRSA) prevalent in Canadian pig farms and pig farmers, pointing to animal agriculture as a source of the deadly bacteria.

The US Government seems concerned enough to at least study the problem of antibiotic resistant bugs in our food supply.  It created the National Antimicrobial Resistance Monitoring System (NARMS) in 1996 as a collaborative effort between the United States Department of Agriculture,  Food and Drug Administration's Center for Veterinary Medicine and the Centers for Disease Control and Prevention.

The NARMS program monitors changes in antimicrobial drug susceptibilities of selected enteric bacterial organisms in humans, animals, and retail meats to a panel of antimicrobial drugs important in human and animal medicine.  Animal and human isolates currently monitored in NARMS include Salmonella, Campylobacter, E. coli, Listeria and Shigella.  Some selected articles on antibiotic resistance:

Antibiotic Resistance in Listeria, Antibiotic Resistance in Shigella, Antibiotic Resistance in Escherichia coli, Antibiotic Resistance in Campylobacter, Antibiotic resistance in Salmonella

Well, looks like it will be a far too busy and profitable New Year.

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In October Topps Meat Company, founded in 1940, went out of business. That was after Topps had recalled nearly 22 million pounds of frozen hamburger contaminated with E. coli and 40 people across the U.S. had become ill.

Tort deformers decried the “tragedy” that is this Topps’ collapse - that a business went under and employees had lost their jobs. Yes, a company bankrupt and unemployment are tragic. What makes it more so is that the catastrophic breakdown in the food-safety chain at Topps could have and should have been prevented by Topps management.

It’s been a century since Utpon Sinclair published the “Jungle," which exposed the contaminated underbelly of the American meat industry. Reform quickly followed. America got the Pure Food and Drug and Meat Inspection Acts. In the early 1990s, when these safeguards failed – e.g. Jack in the Box E. coli outbreak – again there was a public push for improving food safety.

The U.S.D.A. Food and Inspection Service responded with creating and aggressively enforcing the mandatory Risk Management System. Derived from research and operations in the American space program, this approach [HACCP] prevented new outbreaks by establishing check-points at every phase of meat processing. In addition, the agency classified the presence of E. coli O157:H7 as an adulterant under the Meat Inspection Act. Until recently, the meat contamination problem seemed fixed.

Had Topps complied with the letter and spirit of HACCP, it would not have processed contaminated meat in 2005 and again in 2007. So, why hadn’t Topps done what was the right thing to do for it and its now unemployed? We will be researching that question for years.

My theory is that Topps’ leadership might have chosen to take short-cuts on systemic food-safety procedures. Therefore, contamination which should have been detected early in meat processing wasn’t. The result wasn’t pretty: Food-poisoned consumers went through the agony that E. coli inflicts. They had incorrectly trusted that label “Inspected by the U.S.D.A.” as guaranteeing safety.

Over a century, two waves of reform in ensuring the safety of the American food supply chain have given business a total systems approach. That approach works if management follows the rules. Unfortunately, employees at Topps who lost their means of making a living were among those punished - severely.

Will other businesses be able to learn that century-old lesson: Inattention to proper food processing will be the kiss of death for their brandname, profitability and, yes, very existence.

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Steve Doyle of the Huntsville Times does a great job of giving life to how horrible an E. coli O157:H7 illness can truly be.

Weeks in hospital 'blur' after E. coli hit

I urge everyone to read the full article linked above. Some of the points that hit me hardest:

• It began with lunch - Lassiter's rough time began innocently enough: On June 29, a Friday, she had the chicken fajita wrap combo for lunch at Little Rosie's Mexican Taqueria on Whitesburg Drive.

• For 76 long days, Lassiter endured a medical nightmare - ventilators, feeding tubes, bleeding kidneys, dialysis, even chemotherapy drugs - as doctors tried to stop the infection.

• She was among 18 Little Rosie's customers who later tested positive for the dangerous E. coli O157:H7 bacteria. One customer died; three others, including Lassiter and 5-year-old Samuel Coggin of Meridianville, suffered kidney failure and needed dialysis. Public health officials traced the outbreak to shredded lettuce served between June 27 and June 30.

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I had a nice chat with Neil Waugh of the Edmonton Sun yesterday about the twisted trail of E. coli from Canada. I am hurt (not really) that he called me a “legal vulture.”

Fallout from 'dirty' Alberta beef plant felt on both sides of the border

According to Mr. Waugh:

Ranchers Beef Ltd. of Balzac collapsed on Aug.15 after company president Tony Martinez reported in a court affidavit that his outfit was "in the midst of a severe liquidity crisis". In other words it was broke. And likely would have stayed that way if the United States Department of Agriculture hadn't blown the whistle on what Ranchers and the feds' controversial Canadian Food Inspection Agency were doing - or apparently NOT doing -last summer. Which might or might not have resulted in the death of "one elderly individual" from E. coli poisoning, another 44 cases in Canada, plus 40 cases with 26 "known hospitalizations" as of last Friday in the U.S.

The above is shocking, however, here is the most ominous part, Ranchers was funded in large part by the Canadian Government:

The company business plan was "developed in the wake of the 2003 BSE crisis," Martinez told the court, as a result of the "near decimation" of the Canadian cattle industry when the U.S. border was closed. And it wasn't just a brainwave of 45 unidentified ranchers plus Sunterra Foods and Picture Butte feedlot kingpin Cor Van Raay. In an attempt to "ameliorate the reliance" on U.S. markets, the Alberta and federal governments "developed policies to encourage construction of Canadian-based meat processing facilities." The feasibility study costs were split between the partners and the Alberta Tories. Then the taxpayers' grease really started to roll. There was a $46.5-million loan from Alberta Treasury Branches, the feds' Business Development Bank and the National Bank of Canada. A $20-million "credit enhancement" from the federal ag department added to the taxpayers' exposure. The Alberta Agricultural Financial Services also kicked in $9.35 million in "credit facilities" so investors could "purchase" company preferred shares.

Now Mr. Waugh tries to hurt my feelings (assuming I actually have any):

And now there are legal vultures hovering over the border planning on following the DNA fingerprints all the way back to the Alberta Tories and their BSE Bingo boondoggle. "We will clearly have to look at additional assets," said Seattle lawyer Bill Marler, who has already filed a class-action suit against Topps. "We're going upstream looking at who supplied the meat," said Marler, who has already collected more than $250 million in food poisoning litigation. "Who owns them and what's their backing."

Hey, do I get to wear a wig when I go to Canada?

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I’m a bit confused. Yesterday it was reported that Ranchers Beef Ltd (now out of business) was both the source of an E. coli outbreak in the United States that had sickened at least 40 tied to the consumption of Topps Meat (also out of business) AND 44 ill persons and 1 death in Canada.  See, "Topps story continues to grow more ominous."  Now the Ottawa Government releases this press statement:

The Canadian Food Inspection Agency (CFIA) is warning the public not to consume the various beef products described below because these products may be contaminated with E. coli O157:H7 bacteria. The affected products are being recalled as a result of the CFIA’s investigation and traceback conducted on contaminated beef involving Ranchers Beef Ltd. (Establishment 630), Balzac, Alberta.  There have been no reported illnesses associated with the consumption of these products.

This does seem to contradict the press release from the same government entity just the day before:

The Canadian Food Inspection Agency (CFIA) and the Public Health Agency of Canada (PHAC) are currently investigating possible linkages between E. coli cases that occurred earlier this summer in Canada. The investigation is examining 45 cases of E. coli O157:H7 that were found in New Brunswick, Quebec, Saskatchewan, Ontario and British Columbia. These cases were previously reported from July to September, 2007. As a result of these cases, eleven people were hospitalized and one elderly individual died.

However, according to the USA FSIS, there seems to be a “genetic link” to both the 40 people ill from the Topps outbreak and the 44 people ill and 1 death in Canada:

On October 25, the CFIA provided FSIS with PFGE patterns, or DNA fingerprints, from tests of beef trim from a Canadian firm, Ranchers Beef, Ltd., Canadian establishment number 630. This firm provided trim to the Topps Meat Company. While the firm, which had been located in Balzac, Alberta, ceased operations on August 15, 2007, some product remained in storage and was collected and tested by CFIA as part of the joint investigation of the Topps recall and as part of CFIA's own investigation into 45 illnesses in Canada from E. coli O157:H7.

It is hard to imagine that our USDA/FSIS might be more competent that its Canadian counterpart. 

Remember, according the New Jersey AP, Topps products revealed three different E. coli O157:H7 genetic "fingerprints," according to Kenneth Petersen, an assistant administrator at the USDA's Food Safety and Inspection Service. This means that although one of these fingerprints has been traced to Ranchers Beef, Ltd., in Canada, it will be interesting to see if we can track the other fingerprints to the source - Tyson, IBP, Cargill, others?  It will also be interesting to get legal jurisdiction over out of country corporations.

Also, recall the report from the New York Times, revealed that Topps sourced a significant amount of beef trimmings from countries like Australia, New Zealand, Canada and Uruguay – countries that FSIS has required little E. coli O157:H7 testing.  Will FSIS change this rule too soon?

So, FSIS has limited requirements that out of country producers test for E. coli.  And, we have learned during the Topps recall that Topps had cut back on its testing for E. coli.  It will be interesting to see if other meat companies have been doing the same.  Perhaps more testing at the retail (grocer store) would be helpful in tracking this ugly bug?  According to the FSIS website, “the agency still collects some samples from retail stores, but normally only when the retail store actually produces raw ground beef using trimmings from a cutting/boning operation conducted at the store.”  Perhaps it or someone should do more retail testing?

I also think we need to look at several other reasons for the spike in E. coli illnesses and recalls (in addition to testing product), such as: 1)  has the make-up of workers in slaughter plants changed in 2007?  Do we have less experienced workers?  2)  has cattle feed in 2007 changed significantly to allow greater growth of E. coli O157:H7?  3)  has global warming impacted the ecology of E. coli O157:H7?  Other ideas?

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Bill Marler, food safety advocate and E. coli attorney, whose Seattle law firm, Marler Clark, has been contacted by five victims of the E. coli outbreak traced to the Topps 21,700,000 pound hamburger recall, called today on Topps to pay the medical bills and lost wages of all individuals who became ill with E. coli infections as part of the outbreak. “We know that at least twenty-five people became ill with E. coli infections after eating Topps hamburger.”  Marler said.  “The cost of treating victims of E. coli infections can run in the tens of thousands of dollars, or in a severe case, even in the hundreds of thousands of dollars,” Marler continued. “These families need Topps to do more than promise to cooperate in the investigation into this outbreak. They need to know that Topps intends to fulfill its corporate responsibility by looking out for its customers.”

Marler noted that in other outbreak-situations companies such as Chi-Chi’s, Dole, Jack in the Box, Con Agra, Odwalla and Sheetz advanced medical costs for outbreak victims whose illnesses were traced to their food products.

Since the Jack in the Box E. coli outbreak in 1993, Bill Marler has represented thousands of E. coli victims against corporations such as AFG, Bauer Meats, BJ's Wholesale Club, Byerly's, ConAgra, Cub Foods, Dole, Emmpak, Excel, Finley School District, Fresno Meat market, Gold Coast Produce, Habaneros, Interstate Meats, Jack in the Box, Karl Ehmer, Kentucky Fried Chicken, King Garden, Lunds, McDonalds, Odwalla, Natural Selections, Olive Garden, Peninsula Village, Pat & Oscar's, PM Beef Holdings, Sam's Club, Sizzler, Spokane Produce, Sodexho, Supervalu, Taco Bell, Taco John's, Topps, United Food Group (UFG), Walmart and Wendy's.  Total recoveries on behalf of victims are in excess of $300,000,000.

Several times a month Bill, through the non-profit outbreakinc, speaks to industry and government throughout the United States, Canada, China and Australia on why it is important to prevent foodborne illnesses.  He is also a frequent commentator on food litigation and safety on marlerblog.  Bill also sponsors several websites related to E. coli, including about-ecoli, about-hus and ecoliblog.

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In June in an Op-ed I warned about the increasing recalls and illnesses tied to E. coli-tainted hamburger and red meat.  Now, according to a press release by Topps:

Topps Meat Company LLC, located in Elizabeth, NJ, has voluntarily expanded its recall announced on September 25 to include 21.7 million pounds of ground beef products that may be contaminated with E. coli O157:H7. This represents all products produced by Topps with a "sell by date" or "best if used by date" that falls between September 25, 2007 and September 25, 2008. This information may be found on the back panel of the package. All recalled products will have a USDA establishment number of EST 9748, which is located on the back panel of the package and/or in the USDA legend.

This recall tops the Con Agra recall of 19,000,000 pounds in 2002 that sickened over forty and killed one and is just under the 25,000,000 pounds recalled by now-bankrupt Hudson Foods in 1997.

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As of Friday afternoon, we had been contacted by 4 of the 21 confirmed victims of this most recent Topps E. coli problem.  As some may know this is not the first time Topps product has been implicated in an E. coli illness.  Again, this recall is just a huge example of an increasing problem with ground meat in the USA - prior recalls in 2007 include:

1. A federal consumer alert was issued by FSIS for meat products sold under the brand name “Northwest Finest” after six people in Washington, two people in Oregon and one in Idaho became sick from E. coli O157:H7. The organic beef was ground by Interstate Meat, a national meat wholesaler, located in Clackamas, Oregon. 42,000 pounds of meat was recalled.

2. At least thirteen people have been confirmed ill with E. coli O157:H7 infections after eating ground beef produced by United Food Group sold in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and Montana. Over 5,700,000 pound of meat have been recalled.

3. Tyson Fresh Meats, Inc. recalled 40,440 pounds of ground beef products due to possible contamination with E. coli O157:H7. No illnesses yet reported.

4. Seven Minnesotans were confirmed as part of the E. coli O157:H7 outbreak that prompted PM Beef Holdings to recall 117,500 pounds of beef trim products that was ground and sold at Lunds and Byerly’s stores.

5. Twenty-seven people have been confirmed ill with E. coli O157:H7 infections in Fresno County. The Fresno County Department of Community Health inspected the “Meat Market” in Northwest Fresno, the source of the outbreak.

6. At least two people were confirmed ill with E. coli O157:H7 infections in Michigan after eating ground beef produced by Davis Creek Meats and Seafood of Kalamazoo, Michigan. The E. coli outbreak prompted Davis Creek Meats and Seafood to recall approximately 129,000 pounds of beef products that were distributed in Arkansas, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.

7. Following reports of three Napa Valley children who became sick from hamburger patties sold at a St. Helena Little League snack shack, 100,000 pounds of hamburger (that was a year old) was recalled.

8. Several people were confirmed ill with E. coli O157:H7 infections in Pennsylvania after eating E. coli-contaminated meat products at Hoss’s Family Steak and Sea Restaurants, a Pennsylvania-based restaurant chain that purchased its meat from HFX, Inc., of South Claysburg, Pennsylvania. As a result of the outbreak, HFX recalled approximately 4,900 pounds of meat products.

The products subject to the Topps original and expanded recall include:

10-pound boxes of "BUTCHER'S BEST 100% ALL BEEF PATTIES 75/25, 4 OZ (4-1), 40 PIECES." -- 10-pound boxes of "BUTCHER'S BEST 100% ALL BEEF PATTIES 75/25, 6 OZ FLAT, 27 PIECES." -- 10-pound boxes of "KOHLER FOODS 4 OZ FLAT HAMBURGER, CODE: 60100, 40 PCS." -- 10-pound boxes of "KOHLER FOODS 6 OZ FLAT HAMBURGER, CODE: 60200, 27 PCS." -- 10-pound boxes of "KOHLER FOODS 8 OZ FLAT HAMBURGER, CODE: 60300, 20 PCS." -- 3-pound boxes of "MIKE'S 12 SEASONED BEEF PATTIES." -- 5-pound boxes of "MIKE'S 20 SEASONED BEEF PATTIES." -- 3-pound boxes of "PATHMARK 100% ALL BEEF BURGERS, 16 BEEF BURGERS." -- 5-pound boxes of "PATHMARK 100% ALL BEEF BURGERS, 20 BEEF BURGERS." -- 10-pound boxes of "PATHMARK 100% ALL BEEF BURGERS, 40 BEEF BURGERS." -- 10-pound boxes of "RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (80/20), 10 OZ H, 16 COUNT." -- 10-pound boxes of "RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (80/20), 3.2 OZ, 50 COUNT." -- 10-pound boxes of "RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (80/20), 4 OZ, 40 COUNT." -- 10-pound boxes of "RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (80/20), 6 OZ FLAT, 27 COUNT." -- 10-pound boxes of "RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (80/20), 8 OZ FLAT, 20 COUNT." -- 10 pound boxes of RASTELLI'S FINE FOODS 100% PREMIUM BEEF HAMBURGER (85/15), 6 OZ, FLAT 27 COUNT. -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 2 OZ, 80 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 3.2 OZ, 50 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 4 OZ, 40 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 5 OZ, 32 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 5.3 OZ, 30 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 6 OZ, 27 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 7 OZ, 23 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 8 OZ FLAT, 20 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 8 OZ H, 20 PIECES." -- 10-pound boxes of "ROMA - TOPPS 100% PREMIUM HAMBURGER, 10 OZ H, 16 PIECES." -- 3-pound bags of "SAM'S CHOICE BACKYARD GOURMET BEEF BURGERS, 75/25, 12 QUARTER POUND ROUND PATTIES." -- 6-pound bags of "SAM'S CHOICE BACKYARD GOURMET BEEF BURGERS, 75/25, 24 QUARTER POUND ROUND PATTIES." -- 3-pound bags of "SAM'S CHOICE BACKYARD GOURMET BEEF BURGERS, 80/20, 12 QUARTER POUND ROUND PATTIES." -- 3-pound bags of "SAM'S CHOICE BACKYARD GOURMET BEEF BURGERS, 85/15, 12 QUARTER POUND ROUND PATTIES." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (75/25), 8 OZ FLAT, 20 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (80/20), 4 OZ, 40 COUNT." -- 10-pound boxes of SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (80/20), 6 OZ, 27 COUNT. -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (80/20), 8 OZ FLAT, 20 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (85/15), 3.2 OZ, 50 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (85/15), 4 OZ, 40 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (85/15), 6 OZ FLAT, 27 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT 100% PREMIUM BEEF HAMBURGER (85/15), 10 OZ H, 16 COUNT." -- 10-pound boxes of "SAND CASTLE FINE MEAT ANGUS CHUCK BURGER (80/20), 8 OZ FLAT, 20 COUNT." -- 3-pound boxes of "SHOP RITE 100% PURE GROUND BEEF HAMBURGERS, 16 3 OZ BURGERS." -- 3-pound boxes of "SHOP RITE 100% PURE QUARTER POUND GROUND BEEF HAMBURGERS." -- 5-pound boxes of "SHOP RITE 100% PURE QUARTER POUND GROUND BEEF HAMBURGERS." -- 10-pound boxes of "SHOP RITE 100% PURE QUARTER POUND GROUND BEEF HAMBURGERS." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 1 OZ SLIDER." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 10 OZ (PUB BURGER)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 2 OZ." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 2.67 OZ." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 3 OZ HOMESTYLE." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 4 OZ." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGERS, 4 OZ (4-1) HOMESTYLE." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 4 OZ FLAT." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 5 OZ, 32 PIECES." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGERS 5 OZ (1/2-inch)" -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 6 OZ (5/8-inch)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 6 OZ (85/15)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 6 OZ (HOMESTYLE)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 6 OZ (PUB BURGER)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 7 OZ." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 7 OZ (75/25)." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGER, 8 OZ FLAT." -- 10-pound boxes of "TOPPS 100% PREMIUM HAMBURGERS, 8 OZ (PUB BURGER)" -- 1.5-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 3 OZ (8 COUNT)." -- 2-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 3 OZ, 10 COUNT." -- 3-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 6 OZ. PUB BURGERS." -- 2-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 8 QUARTER POUNDERS." -- 3-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 12 QUARTER POUNDERS." -- 3-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 16 HAMBURGERS." -- 5-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 20 QUARTER POUNDERS." -- 8-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 32 QUARTER POUNDERS." -- 2-pound boxes of "TOPPS SIRLOIN STEAK BURGERS WITH FIRE-ROASTED ONIONS, 6 1/3 LB. HOMESTYLE BURGERS." -- 2-pound boxes of "TOPPS SIRLOIN STEAK BURGERS WITH PORTABELLA MUSHROOMS, 6 1/3 LB. HOMESTYLE BURGERS." -- 2-pound boxes of "TOPPS SIRLOIN STEAK BURGERS, 6 1/3 LB. HOMESTYLE BURGERS." -- 10-pound boxes of "TOPPS HAMBURGERS, 3.2 OZ, 50 COUNT." -- 10-pound boxes of "WEST SIDE 100% PREMIUM HAMBURGER, 3 OZ, 53 COUNT." -- 10-pound boxes of "WEST SIDE 100% PREMIUM HAMBURGER, 3.2 OZ, 50 COUNT." -- 10-pound boxes of "WEST SIDE 100% PREMIUM HAMBURGER, 4 OZ, 40 COUNT." -- 10-pound boxes of "WESTSIDE, 100% PREMIUM HAMBURGER, 5 OZ FLAT, 32 COUNT." -- 10-pound boxes of "WEST SIDE 100% PREMIUM HAMBURGER, 6 OZ, 27 COUNT." -- 10-pound boxes of "WESTSIDE, 100% PREMIUM HAMBURGER, 6 OZ FLAT, 27 COUNT." -- 10-pound boxes of "WESTSIDE, 100% PREMIUM HAMBURGER, 8 OZ FLAT, 20 COUNT."

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MSNBC and AP reports:

USDA finds that Topps’ plant has inadequate safety measures

Federal inspectors said Friday that they suspended the grinding of raw products at the Topps Meat Co. after finding inadequate safety measures at the plant, which is being investigated because of E. coli bacteria-tainted hamburgers that may have sickened 25 people. U.S. Department of Agriculture spokeswoman Amanda Eamich said the suspension follows a safety assessment at the Elizabeth-based company, which this week voluntarily recalled nearly 332,000 pounds (150,594 kilos) of frozen ground beef products.

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I tried to take a day off and get in touch with my “inner outdoorsman” by hunting gators and ducks in Southwest Texas, but E. coli O157:H7 would not leave me alone.

Twenty-one people in New York, Connecticut, Indiana, Maine, New Jersey, Ohio and Pennsylvania now have become ill after eating hamburgers contaminated with E. coli O157:H7 bacteria that were made by a Elizabeth, New Jersey -based Topps Meat Company. As I blogged about yesterday, this is not the first time that Topps has been implicated with E. coli-related illnesses. Just a month ago we resolved a severe Hemolytic Uremic Syndrome case with Topps and its insurer for an undisclosed amount. One would think after nearly killing one child they would be far more careful.

On top of that, E. coli illnesses and outbreaks are becoming an all too common occurrence in 2007. A few examples:

1. At least thirteen people have been confirmed ill with E. coli O157:H7 infections after eating ground beef produced by United Food Group sold in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and Montana. Over 5,700,000 pound of meat have been recalled.

2. Tyson Fresh Meats, Inc. recalled 40,440 pounds of ground beef products due to possible contamination with E. coli O157:H7. No illnesses yet reported.

3. Seven Minnesotans were confirmed as part of the E. coli O157:H7 outbreak that prompted PM Beef Holdings to recall 117,500 pounds of beef trim products that was ground and sold at Lunds and Byerly’s stores.

4. Twenty-seven people have been confirmed ill with E. coli O157:H7 infections in Fresno County. The Fresno County Department of Community Health inspected the “Meat Market” in Northwest Fresno, the source of the outbreak.

5. At least two people were confirmed ill with E. coli O157:H7 infections in Michigan after eating ground beef produced by Davis Creek Meats and Seafood of Kalamazoo, Michigan. The E. coli outbreak prompted Davis Creek Meats and Seafood to recall approximately 129,000 pounds of beef products that were distributed in Arkansas, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.

6. Following reports of three Napa Valley children who became sick from hamburger patties sold at a St. Helena Little League snack shack, 100,000 pounds of hamburger (that was a year old) was recalled.

7. Several people were confirmed ill with E. coli O157:H7 infections in Pennsylvania after eating E. coli-contaminated meat products at Hoss’s Family Steak and Sea Restaurants, a Pennsylvania-based restaurant chain that purchased its meat from HFX, Inc., of South Claysburg, Pennsylvania. As a result of the outbreak, HFX recalled approximately 4,900 pounds of meat products.

A lawyer's nightmare, guns, a "four-wheeler" and beer - THE VIDEO

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I have spent the last two days in Houston at the top of the below tower (AIG Insurance Tower) meeting with lawyers in the Con Agra Peanut Butter Litigation.  Frankly, there are so many lawyers involved, with so many different agendas, that people are losing sight of the fact that this was a major outbreak with tens of thousands of people sickened.  I had the opportunity to give an opening presentation, which you can find HERE.  The two videos are a bit too large to post so you might see a few blank slides.

So, while lawyers are spinning our wheels, Topps Meat Company, LLC, an Elizabeth, NJ, establishment, is voluntarily recalling approximately 331,582 pounds of frozen ground beef products because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today.

10-pound boxes of “BUTCHER’S BEST 100% ALL BEEF PATTIES 75/25, 6 OZ. FLAT, 27 PIECES.” Each box bears a sell-by date of “JUL 23 08.”
10-pound boxes of “BUTCHER’S BEST 100% ALL BEEF PATTIES 75/25, 4 OZ. (4-1), 40 PIECES.” Each box bears a sell-by date of “JUL 23 08.”
10-pound boxes of “KOHLER FOODS 4 OZ. FLAT HAMBURGER, CODE: 60100, 40 PCS.” Each box bears a sell-by date of “JUL 23 08.”
10-pound boxes of “KOHLER FOODS 6 OZ. FLAT HAMBURGER, CODE: 60200, 27 PCS.” Each box bears a sell-by date of “JUL 23 08.”
10-pound boxes of “KOHLER FOODS 8 OZ. FLAT HAMBURGER, CODE: 60300, 20 PCS.” Each box bears a sell-by date of “JUL 23 08.”
10-pound boxes of “SAND CASTLE FINE MEAT, 100% PREMIUM BEEF HAMBURGERS 80/20, 8 OZ. FLAT, 20 COUNT.” Each box bears a packed-on date of “JUN 22 07.”
10-pound boxes of “SAND CASTLE FINE MEAT, 100% PREMIUM BEEF HAMBURGERS 85/15, 6 OZ. FLAT, 27 COUNT.” Each box bears a packed-on date of “JUN 22 07.”
2-pound boxes of “Topps 100% Pure Ground Beef Hamburgers, 8 Quarter Pounders.” Each box bears a sell-by date of “JUL 12 08.”
2-pound boxes of “Topps 100% Pure Ground Beef Hamburgers, 3 OZ., 10 COUNT.” Each box bears a sell-by date of “JUL 12 08.”
3-pound boxes of “Topps 100% Pure Ground Beef Hamburgers, 6 OZ. PUB Burgers.” Each box bears a sell-by date of “JUN 22 08.”

Each package also bears the establishment number “Est. 9748” inside the USDA mark of inspection. The frozen ground beef products were produced on June 22, July 12 or July 23 and were distributed to food service institutions in the New York metropolitan area and to retail establishments nationwide. An investigation into a cluster of illnesses in the Northeast region carried out by the New York State Department of Health in coordination with the Centers for Disease Control and Prevention led to a positive product sample collected by the New York Department of Health.

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According to a press released sent by Dole this evening, this product was sold in Ontario, Quebec and the Maritime Provinces in Canada and in Illinois, Indiana, Maine, Michigan, Mississippi, New York, Ohio, Pennsylvania, Tennessee and neighboring states in the U.S,  - whatever that means.  Here is a report from the Associated Press of a few days ago:

A year after the E. coli outbreak, Ag industry chastened and changed

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Well, I made it back from China this morning only to find the following alert in my email:

OTTAWA, September 16, 2007 - The Canadian Food Inspection Agency (CFIA) is warning the public not to consume Dole brand Hearts  Delight lettuce salad (Ready to eat blend of romaine, green leaf & butter lettuce hearts) described below because this product may be contaminated with E. coli O157:H7 bacteria.

The affected product, Dole brand Hearts Delight lettuce salad (Ready to eat blend of romaine, green leaf & butter lettuce hearts), produce of USA, is sold in 227 g packages bearing BIUB (Best If Used By) date 07SE19 and lot code A24924B. This product may have been distributed nationally.
There have been no reported illnesses associated with the consumption of this product.

Food contaminated with E. coli O157:H7 may not look or smell spoiled. Consumption of food contaminated with this bacteria may cause serious and potentially life-threatening illnesses. Symptoms include severe abdominal pain and bloody diarrhea. Some people may have seizures or strokes and some may need blood transfusions and kidney dialysis. Others may live with permanent kidney damage. In severe cases of illness, people may die.

The CFIA is working with the importers to have the affected product removed from the marketplace. The CFIA will be monitoring the effectiveness of the recall.

And we thought China had a food safety issue.

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According to CNN Money:  Warehouse club operator pulls items from shelves after routine testing

BJ's Wholesale Club, Inc. said Tuesday it was recalling packages of fresh mushrooms after it a routine inspection revealed the possible presence of the deadly bacteria E. coli.  The warehouse club operator said the products affected were Wellsley Farms brand fresh mushrooms purchased between February 11 and February 19, 2007.  The company, which had not received any reports of illness, said it had removed all the potentially affected products from its shelves as a precaution.

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Andrew Weeks of the Standard-Examiner reports that at least five more people, two of them children, have contracted E. coli from an unknown source in Weber County, according to officials from the Weber-Morgan Health Department. No common food source has been linked to the bacteria, though officials say there seem to be no ties to an outbreak that occurred June 27-30, when at least five other people contracted infections, either directly or indirectly, from tainted lettuce served from a North Ogden Wendy’s restaurant.

It will be interesting to follow this story as it unfolds. At least one of the two children mentioned by Mr. Weeks is in fact hospitalized and suffering acute kidney failure (HUS).

It was determined that the June outbreak was caused by iceberg lettuce that likely had been contaminated while grown in the Salinas Valley, Calif. Wendy’s, at 2594 N. 400 East in North Ogden, served lettuce at a CORE Academy luncheon held at Orion Junior High in Harrisville on June 30, where more than 300 people were potentially exposed to the contamination.  At least on person was infected during June 27030 while eating at the restaurant.

Although for purposes of the lawsuit that has been filed against Wendy's stemming from the June outbreak, where three people suffered Hemolytic Uremic Syndrome, where and when the lettuce was contaminated means little, I do believe that there is not sufficient evidence at this point to rule out that the lettuce became contaminated AFTER it arrived in Utah.  Wendy's was implicated in a 2000 outbreak were cross-contamination between raw meat and lettuce was determined to be the source.  (See coverage of that 2000 Wendy's E. coli outbreak.)

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The Centers for Disease Control and Prevention (CDC) estimates that each year 76 million - or one out of every four - Americans are sickened as a result of consuming contaminated foods or beverages. Some become seriously ill; 325,000 require hospitalization and 5,000 die. Older adults, young children, and those who have weakened immune systems are particularly vulnerable.

More than 250 different foodborne diseases have been identified. Most of these diseases are infections caused by a variety of bacteria, viruses, and parasites.

Foods that are contaminated with poisonous chemicals or harmful substances can also cause illness. Symptoms of foodborne illness vary by disease but the most common are nausea, vomiting, abdominal cramps, and diarrhea.

I have some of the symptoms described. Do I have a foodborne illness?

Possibly. For example, scientists estimate that 35% of diarrheal illness is caused by a foodborne pathogen. Diarrhea that is caused by food poisoning usually lasts one week or less. Symptoms that appear suddenly are a sign of foodborne illness, although the last food consumed is not necessarily the cause of illness. Different microbes have different incubation periods. The incubation period refers to the time between ingestion and onset of symptoms.

Incubation Periods of Common Foodborne Pathogens

PATHOGEN INCUBATION PERIOD
Staphylococcus aureus1 to 8 hours, typically 2 to 4 hours.
Campylobacter 2 to 7 days, typically 3 to 5 days.
E. coli O157:H7 1 to 10 days, typically 2 to 5 days.
Salmonella 6 to 72 hours, typically 18-36 hours.
Shigella 12 hours to 7 days, typically 1-3 days.
Hepatitis A 15 to 50 days, typically 25-30 days.
Listeria 3 to 20 days, typically 14 days
Norovirus 24 to 72 hours, typically 36 hours.

How can I find out if I am sick because of something I ate or drank?

Foodborne infections are usually diagnosed by laboratory tests that identify the organism. Bacteria such as E. coli O157:H7, Salmonella, Shigella, and Campylobacter are found by microbiologic testing of the ill person's stool. Parasites can be identified by examining stool specimens under the microscope. Laboratory testing to detect viruses requires stool specimens or serum derived from blood samples. Many foodborne infections are not detected through routine laboratory procedures and health care providers must order appropriate testing before the cause can be identified.

Should I see a doctor if I think I have a foodborne illness?

A person with symptoms of a foodborne illness should seek prompt medical attention if there is blood in the stools, if they are experiencing prolonged vomiting or show signs of dehydration, if diarrhea last 3 days or more or if diarrhea lasts more than 3 days. Anyone at risk for serious consequences - the very young, the very old, or those with immune impairment - should consult a health care provider if symptoms do not improve after 24 hours.

What else should I do?

If you think you have a foodborne illness contact your local health department. They will ask you questions about your symptoms, when they started, and what you have eaten for several days prior to symptom onset. Because some of the organisms that cause illness can be spread by ways other than food, they will ask you about other potential sources such as contact with others with similar symptoms or exposure to animals. This distinction is important so that public health authorities can if necessary, take steps to stop others from becoming ill.

If you know others who have similar symptoms, urge them to contact the health department. Oftentimes, information compiled from a group of individuals provides clues to the source of illness that can be missed when only one person reports to the health department.

If you suspect that your illness is food related, keep any left over food for possible testing. If laboratory tests show the food was contaminated, you will have powerful evidence that the food is the likely cause of your illness. The health department will advise you about any laboratory tests that should be conducted and how long food should be kept. Similarly, keep retail or restaurant receipts showing that you purchased the suspected food. Receipts often contain valuable pieces of information about a food product that the consumer does not know or cannot recall.

Common myths of foodborne illness

As you attempt to determine if you have a foodborne illness and what the potential source could be, avoid these common misconceptions.

The last thing I ate is what made me sick.

Not necessarily. Refer to the table that shows how long it takes for certain microbes to grow inside your body and cause illness. Write down what you ate, where you ate, and when you ate in as much detail as possible. Health department investigators will ask you for this information and accurate recall is critical.

If other people ate what I ate and did not become ill, that particular meal could not be the source of my illness.

Not necessarily. It is well documented that microbes that cause foodborne illness are not always uniformly distributed in a food item. Also, people have different immune systems. One person may consume hamburger prepared from a package of ground beef and become seriously ill with E. coli O157:H7 or Salmonella while his dining companion consumes ground beef from the same package and remains healthy.

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