W.Va. woman sues over tainted orange juice

The Associated Press has chimed in on the lawsuit we filed against Orchid Island Juice on behalf of Heather Dowdy. From the article:

Heather Dowdy of Caldwell filed the lawsuit against Orchid Island Juice Co. of Fort Pierce, Fla., late Thursday in U.S. District Court. Her lawyer, Seattle food illness specialist Bill Marler, said it may be the first of several cases.

Dowdy's lawsuit said she drank Orchid Island juice on May 30, then fell ill. She sought treatment at a Virginia hospital June 2 and again June 6, when she was admitted with dehydration. Though she was released June 8, her lawyer -- Seattle food illness specialist Bill Marler -- said his client has been too sick to return to work.

Marler contends Orchid Island was negligent under the federal Food, Drug and Cosmetics Act, which requires companies to use raw materials that are "clean, wholesome, and free from adulteration and fit for human consumption."

"If Orchid Island had only pasteurized their juice, this outbreak would not have occurred," he said.

Posted on July 22, 2005 by Marler Lawyer
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Marler Clark files lawsuit against Orchid Island, maker of unpasteurized Salmonella-contaminated orange juice

Marler Clark has filed a Salmonella lawsuit was against Orchid Island Juice Company of Fort Pierce, Florida, in US District court for the Southern District of West Virginia Thursday (case no. 5:05-CV-0586). The lawsuit was filed on behalf of Heather Dowdy, a Caldwell, West Virginia resident who became ill with a Salmonella infection after consuming Orchid Island unpasteurized orange juice. We have filed the lawsuit along with David Delk, a respected Wheeling, West Virginia, lawyer.

As I told the local (Morgantown, West Virginia) press today:

Ms. Dowdy consumed Orchid Island orange juice on May 30, 2005, and became ill with symptoms of Salmonella infection on May 31. She went to the emergency room in Virginia Beach on June 2, and again on June 6, when she was admitted to the hospital for severe dehydration. Ms. Dowdy was discharged on June 8, but still suffers from complications of Salmonella infection, and has not yet been able to return to work.

"After the Odwalla and Sun Orchard outbreaks in 1996 and 1999, I would have thought that a juice producer would have more sense than to sell unpasteurized juice and risk facing me in a courtroom after they had poisoned their customers," said William Marler, managing partner of Marler Clark. "But I guess the lesson has not been learned by all."

In the lawsuit, which is based on the Federal Food, Drug, and Cosmetic Act, Marler alleges that "Orchid Island had a duty to use supplies and raw materials . . . free from adulteration and fit for human consumption, but failed to do so."

Marler continued, "If Orchid Island had only pasteurized their juice, this outbreak would not have occurred. Heather Dowdy went through a terrible ordeal. She and other victims did not deserve this."

On July 8, 2005, the Food and Drug Administration (FDA) warned consumers against drinking unpasteurized orange juice products distributed by Orchid Island under a variety of brand names. At that point, there were reports of 15 cases of a matching strain of Salmonella bacteria causing illness in consumers in Michigan, Ohio, and Massachusetts. At least 16 other states reported cases of Salmonella that matched the specific strain found in Orchid Island orange juice. On July 15, 2005, Orchid Island issued a nationwide recall of fresh and frozen unpasteurized orange juice (see http://www.fda.gov/oc/po/firmrecalls/orchidislandjuice07_15.html). The CDC indicated that as many as 82 cases have been confirmed nationwide.

Posted on July 21, 2005 by Marler Lawyer
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Orchid Island Juice Co. Recalls Unpasteurized Orange Juice

Orchid Island Juice Company of Fort Pierce, Florida, is voluntarily recalling all unpasteurized orange juice (only) with a code date of 7/25/05 or earlier and all unpasteurized frozen orange juice with expiration codes of 04-25-2007 through 07-08-2007 for Just Pik't and Natalie's Orchid Island Juice Company brands, 18-04-2008 through 10-06-2008 for Floridella brands, bottle codes S3.2007.04.27 through S2.2007.06.27 for Herders and St. Marc brands, and bottle code OE55 S1125 for the Sundecker brand. Unpasteurized frozen juice is sold in liter, 60 oz, 1800 ml, 1750 ml, and 250 ml sizes. These products have the potential to be contaminated with Salmonella Typhimurium, a germ that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Otherwise healthy individuals may suffer short-term symptoms such as high fever, severe headache, vomiting, nausea, abdominal pain and diarrhea. Long-term complications can include severe arthritis.

Orchid Island Juice Company distributes unpasteurized orange juice and unpasteurized frozen orange juice in the following states: Alabama, California, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Vermont, Virginia, Washington D.C., West Virginia, Wisconsin, and internationally to Canada, France, and Japan. Consumers may have purchased or consumed the product through retail or foodservice establishments such as restaurants, hotels, resorts, or country clubs.

Orchid Island Juice Company's unpasteurized orange juice can be identified by the following labels: Natalie's Orchid Island Juice Company, Ultimate Juice, Albritton Fruit, Finagle A Bagel, Gourmet Garage, Kings Market, Nino Salvaggio, Schnucks, Wegmans, Balducci's, and Zabars. Unpasteurized orange juice is sold in gallon, quart, pint, 12 oz, and 8 oz sizes. All containers are made of plastic and are clear in color so the orange juice is visible.

To date there has been 15 suspected cases of illness. The company is working with FDA to cooperatively determine the source of contamination. The company will initiate temporary delicate flash pasteurization of orange juice pending a thorough investigation.

Domestic consumers who have purchased unpasteurized orange juice and/or unpasteurized frozen orange juice distributed by Orchid Island Juice Company should throw the juice away and return just the container to the store of purchase for a full refund. International customers need to place the product on "hold". Consumers with questions may contact Orchid Island Juice Company directly at 772-465-1122.

Posted on July 16, 2005 by Marler Lawyer
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Illness linked to orange juice produced in Fort Pierce

Strong evidence links orange juice produced at Orchid Island Juice Co. in Fort Pierce to an outbreak of 15 cases of illness caused by a strain of salmonella, the U.S. Food and Drug Administration said Wednesday. In addition, at least 16 other states have reported cases of salmonella that match the specific strain of the Salmonella typhimurium bacterium.

As the Palm Beach Post reported today, Orchid Island, which produces unpasteurized fresh-squeezed orange juice, issued a voluntary recall of its orange juice from stores nationwide and has asked consumers to return any juice on hand to retail stores for a full refund.

None of the illness associated with the juice has occurred in Florida, the FDA said in issuing a nationwide warning to consumers against drinking the juice distributed under the labels Nino Salvaggio's, Westborn Market and Natalie's Orchid Island Juice.

S. typhimurium is the most common among the 2,000 kinds of salmonella, said Christine Pearson, a spokeswoman for the U.S. Centers for Disease Control and Prevention in Atlanta.

The strain is the same as that involved in 14 cases of salmonella-related illness associated with Cold Stone Creamery's Cake Batter ice cream during the same time period in Minnesota, Washington, Oregon and Ohio, Pearson said.

Andrew Meadows, spokesman for the Florida Department of Citrus in Lakeland, said about 9 million gallons a year of Florida orange juice - less than 1 percent of the state's overall juice production - is of the unpasteurized variety.

George Chartier, a spokesman for the U.S. Department of Agriculture, said Wednesday that 55 processing plants in Florida are approved for pasteurized juice production and three for unpasteurized.

Posted on July 14, 2005 by Marler Lawyer
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Marler Clark Calls on FDA to Ban Sale of Unpasteurized Juices

The United States Food and Drug Administration (FDA) announced on July 8, that Orchid Island Juice Co. of Fort Pierce, Florida was recalling unpasteurized orange juice after fifteen cases of Salmonella Typhimurium were traced to consumption of Orchid Island orange juice. In light of the FDA's recall announcement, Seattle attorney William Marler of Marler Clark has called again on the FDA to completely ban the sale of all unpasteurized juices.

In 1998, the FDA required that juice makers label unpasteurized juices with the statement, "WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria which can cause serious illness in children, the elderly, and persons with weakened immune systems." But although at least three large Salmonella outbreaks have been traced to contaminated juice products since 1999(1), the FDA does not require juice companies to pasteurize juice, and no longer requires producers of unpasteurized juice to provide warning labels on their juice products.

"It is simply outrageous that after all we've learned about the importance of pasteurizing fruit juice, especially after the Odwalla and Sun Orchard outbreaks, we still have companies selling unpasteurized juices without warnings, the government allowing it, and people getting sick because of it," said Marler. "Why the FDA would allow a company to produce an unpasteurized product and allow no warning label is beyond me."

Symptoms of Salmonella infection include diarrhea, abdominal cramps, fever, nausea, and/or vomiting, and usually begin within 6 to 72 hours after ingestion of the bacteria.

"I've represented thousands of victims of Salmonella outbreaks," Marler continued. "Infections are not pretty. These people suffer from intense abdominal cramps, bloody diarrhea, and severe nausea and vomiting. These 15 people could be perfectly healthy had the juice they were sold been pasteurized."

Posted on July 14, 2005 by Marler Lawyer
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Camping? Dining out? Don't let tainted food spoil the trip

Kathleen Doheny of Healthy Traveler did an article today on our client Ernie Lyon of Florida who was sickened with Shigella from an airplane meal (a chicken potpie, a roll and a salad topped with cucumbers and carrots).

From the article:

Lyon, his wife, Debbie, and eight other travelers are suing Gate Gourmet, which prepared the food and services many other major airlines, says Drew Falkenstein, a Marler Clark attorney working on the case. "We have filed a lawsuit against Gate Gourmet for negligence, strict liability and breach of warranty," Falkenstein says. They are asking for unspecified compensatory and punitive damages.
Gate Gourmet serves 195 million meals a year, says John Bronson, a company spokesman. "We take our commitment to food safety very seriously," says Bronson, who declined to comment on the litigation.

Although a food safety expert says tainted food on airlines is not common, the Northwest incident is a reminder that food-borne illness is common, and about 76 million people in the U.S. are sickened by tainted food and drink each year, according to the federal Centers for Disease Control and Prevention.

Summer is peak season for food-borne illness, says Christine Bruhn, director of the Center for Consumer Research at UC Davis and a food safety expert. Travelers are especially vulnerable, as campers become outdoor cooks and others seek out unfamiliar restaurants.

Travelers who are cooking outdoors or scouting out new restaurants can take some simple measures to reduce the odds of illness. Most important for outdoor cooks, says Bruhn, is washing hands thoroughly before handling food and avoiding cross-contamination.

That means not serving the meat you barbecued on the same plate that you used to hold the raw meat without washing it and not using the utensils you used to handle the raw meat for cooked meats.

And the no-mayo rule at picnics? "Commercially prepared mayonnaise is usually safe," says Mike Doyle, a microbiologist at the University of Georgia, Griffin, and a spokesman for the Institute of Food Technologists. "It has sufficient acid - vinegar - to prevent harmful bacteria from growing."

Temperature control is crucial. "Keep hot things hot, cold things cold," Bruhn says. And eat food within two hours of preparation.

If you are dining out in a restaurant, how do you find out if it makes the grade? "Most states do have some sort of grading system," says Donna Garren, of the National Restaurant Assn., a Washington, D.C.-based trade group. Some use letters, others numbers, she says. To check a restaurant's score, see http://www.allfoodbusiness.com/health_inspections.php , a site hosted by restaurant owners.

If nothing is displayed in a restaurant, Garren suggests asking the manager for a recent inspection record. They should be able to provide one, she says.

If there's no grading system or inspection record, look around the dining area, Garren suggests, to get a sense of cleanliness. Bruhn advises visiting the bathroom before ordering food. "When I go to a restaurant, I always go to the restroom first," she says, "to see how the restaurant handles sanitation. Are there soap and towels?" If the restroom is in good shape, that's a good sign the rest of the place is, Bruhn says.

Posted on July 1, 2005 by Marler Lawyer
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SERIOUS HUMAN ILLNESSES LINKED TO SOME ANIMAL EXHIBITS

As spring beckons and families begin flocking to petting zoos, fairs, and other animal venues, a few people are coming down with serious illnesses. Some of the latest incidents occurred in Florida, where 60 people in 18 counties have confirmed or suspected cases of E. coli-related illness. The sources were petting zoos in three central Florida counties, and children have been the most vulnerable.

Similar incidents seem to be on the increase, says Jeff Bender, an assistant professor of veterinary public health at the Univ. of Minnesota and co-chair of a March 25, 2005, report published by Centers for Disease Control, prepared by the National Association of State Public Health Veterinarians, and endorsed by the Council of State and Territorial Epidemiologists and the American Veterinary Medical Association.

A list of about two dozen documented incidents in the past decade or so (in IL, MN, OH, NC, NY, OH, OR, PA, TX, WA, WI, the Canadian provinces of British Columbia and Ontario, and a few overseas locations) has been assembled by a Seattle law firm (Marler Clark, William Marler, 206-346-1890). Some of these incidents, which affected a total of more than 1,000 people, are highlighted in the CDC report.

Many venues where people come in contact with animals can pose a risk, says the CDC, including county and state fairs, petting zoos, circuses, carnivals, zoos, farm tours, pet stores, animal swap meets, livestock-birthing exhibits, wildlife exhibits, and schools.

Diseases other than those caused by certain types of E. coli may also pose a threat, including rabies, tuberculosis, salmonella, ringworm, cryptosporidiosis, and monkeypox. Affected animals often show no obvious signs of illness, and testing or antibiotic treatment of animals is of limited value.

In addition, physical injuries such as bites, scratches, stepped-on feet, or broken bones are of concern.

There are few federal regulations covering these situations, and only some states address the problem in any extensive way. However, remedies that can sharply reduce problems are relatively simple, as the CDC report explains, including:

  • hand washing after touching or visiting animals;

  • designing, maintaining, and operating animal exhibits carefully to minimize exposures, including full separation of animal areas from any area where people eat or come in contact with human food;

  • educating operators, staff, exhibitors, and visitors about risks and appropriate protective measures;

  • paying strict attention to those at most risk, including children, the elderly, and those with weakened immune systems; and

  • properly cleaning animal areas, especially since harmful microbes have been proven to linger afterward for months.
Posted on April 14, 2005 by Marler Lawyer
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7th Child Has Kidney Infection After Visiting Petting Zoo

A seventh child in central Florida has contracted a life-threatening kidney infection after visiting a petting zoo in Orlando. Five of the seven children were hospitalized in critical condition, including one on dialysis, the Orlando Sentinel reported for Thursday editions. Another had been upgraded to stable condition, said Dr. Mehul Dixit, who is treating some of the children at Florida Hospital Orlando.

One child was treated and released from Arnold Palmer Hospital for Children & Women several weeks ago.

The potentially dangerous kidney condition -- hemolytic uremic syndrome, or HUS -- is a rare complication arising from an initial infection most commonly associated with E. coli, a bacterium found in undercooked beef or contaminated food.

Symptoms include bloody diarrhea, lethargy, anemia and decreased urine output are all signs of kidney failure.

The hospitalized children all touched animals recently at area fairs, including the Central Florida Fair in Orlando and the Florida Strawberry Festival in Plant City. They might have been exposed to the bacteria through the animals' feces, officials said.

Posted on March 27, 2005 by Marler Lawyer
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Lightning Strikes the Same Spot Twice

On Wednesday, the Orlando Sentinel reported that at least five children were in critical condition in Orlando-area hospitals with Hemolytic Uremic Syndrome, a potentially life-threatening cause of kidney failure. All visited a petting zoo the week before they became ill.

There's nothing more American than a petting zoo. Countless numbers of children visit petting zoos to have a hands-on experience with farm animals every year. Unfortunately, some children become ill with E. coli O157:H7 infections - the leading cause of Hemolytic Uremic Syndrome in North America. In fact, it is estimated that five to ten percent of persons who become ill with E. coli infections develop Hemolytic Uremic Syndrome.

Most people identify E. coli with undercooked ground beef, but it's not that simple. E. coli infections are caused by the ingestion of fecal material. So a burger becomes contaminated during the slaughtering process, and children can become infected while playing with livestock that are shedding the bacteria. Just as proper sanitation in slaughterhouses is essential in preventing foodborne illness outbreaks, good hygiene and sanitation in areas where livestock are held are of utmost importance in preventing E. coli outbreaks among petting zoo visitors.

Lightning does strike the same spot twice, or even more often.

Since 1995, at least thirteen outbreaks of E. coli O157:H7 have been reported at fairs and petting zoos in the US. Thousands have been sickened. Many escape with a bad case of diarrhea and cramps. But some, mostly kids, suffer permanent damage to their kidneys after battling Hemolytic Uremic Syndrome. Sadly, the health department, media, and petting zoo industry response has been weak at best. That must change.

Last year, nearly 100 people, again mostly children, were stricken with E. coli after visiting a petting zoo at the North Carolina State Fair. Over a dozen children suffered from Hemolytic Uremic Syndrome, requiring kidney dialysis. Some will likely need transplants in the future. In 2002, at least 82 people became sick after attending the Lane County Fair in Eugene, Oregon. Most were young children, and 22 of them were hospitalized - twelve with kidney failure.

In 2001, the CDC warned operators of petting zoos and county fairs to clean up. The warnings should no longer be ignored.

A recent United States Department of Agriculture study of over 20 County Fairs found E. coli O157:H7 in 13.8 percent of beef cattle, 5.9 percent of dairy cattle, and slightly smaller percentages of sheep, pigs and goats.

So what do we do? Close down petting zoos? No. But, fair organizers and petting zoo owners can take some rather simple and inexpensive precautions.

1. Sanitize walkways and railings, and provide ample hand-washing areas for both employees and visitors.

2. Stop selling or allowing food in close proximity to areas where animals are on display.

3. Increase ventilation of buildings to reduce the risk of airborne contamination. Keep livestock areas damp with an approved disinfectant.

4. Screen all display animals for E. coli O157:H7 - or require that exhibitors show proof their animals are pathogen-free.

5. Educate visitors. Post signs that explain to parents the importance of hand-washing before and after visiting animals. Post warnings at fair entrances, emphasizing the risks to small children.

Perhaps these precautions won't eliminate the risk to public health. But, for a minimal investment, organizers can increase awareness and reduce the risk of sending kids to the hospital with Hemolytic Uremic Syndrome - or worse.

For more information and a history of fair and petting zoo-related outbreaks, see http://www.fair-safety.com.
Posted on March 23, 2005 by Marler Lawyer
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Boy's family settles lawsuit over E. coli

Some good news for one of my young clients who went through the agony of HUS from eating a hamburger. Stephen Tyler Roberts, now 13, but at the time a fifth-grader, was hospitalized and needed several blood transfusions in April 1998. He was one of the unfortunate children at Danielsville Elementary School who ate the hamburgers served in the school cafeteria, which turned out to be contaminated with the deadly E. coli O157:H7.

This contaminated meat went to schools, prisons and military institutions in the South. The meat was supplied by Bauer Meat Co. in Ocala Florida, which since declared bankruptcy.

As I said in the article Boy's Family Settles Lawsuit Over E. coli:

Stephen did not need dialysis to help him recover, a scenario many young children undergo when their kidneys shut down from E. coli poisoning. However, future consequences resulting from the E. coli episode may be further complicated by the boy's diabetes, said Marler, a Seattle attorney specializing in food-borne lawsuits. "With diabetes, it's harder to predict what the long-term damage of E. coli will be," he said. "But, now he's doing great."


Marler contends U.S. schoolchildren continue to be at risk for eating contaminated meat because school districts get the beef for free from the U.S. Department of Agriculture's school lunch program, which has bought the lower- grade beef at reduced prices. The USDA is the same federal agency overseeing meat plant safety. Two schools in Washington and Texas had E. coli outbreaks last year.

"It is time for the USDA to act to ensure that our children are not eating food that is contaminated," Marler said.

The USDA is currently being probed for its school lunch program by the General Accounting Office, the investigative arm of Congress.

Posted on January 7, 2005 by Marler Lawyer
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Outbreak victims hire top lawyer

Marler Clark has been retained by four victims of a June outbreak of salmonellosis at a Gates country club. In an article titled Outbreak Victims Hire Top Lawyer, one of the Florida men (my client) sickened by this outbreak describes the illness he went through as 'one of the worst weeks of [his] life.' The other three Marler Clark clients referenced in the article are a Rochester family.

All four attended the same party on June 9 at Brook-Lea Country Club and have culture-confirmed cases of the bacterial illness. The Monroe County Health Department has confirmed 55 other cases so far - not all of them linked to the Pixley Road country club. County records show two significant earlier outbreaks of salmonellosis - one in 1987 and the other in 1995. Both sickened more than 100 people.

As the article says:

Marler Clark has filed Freedom of Information Law requests for state and Monroe County documents about the incident.
"I try not to interfere with Health Department investigations," said Marler, who has an epidemiologist on staff. "But I monitor what they do."

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Posted on January 7, 2005 by Marler Lawyer
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