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.

More plaintiffs seek punitive damages in lawsuit against airline caterer

Marler Clark has filed a second lawsuit against Gate Gourmet, the airline caterer responsible for an August, 2004 Shigella outbreak among passengers on outbound flights departing from Honolulu Airport. The complaint, which was filed Wednesday in United States District Court for the District of Hawaii (Case number CV05-00401 ACK LEK), was filed on behalf of seven more victims of the outbreak.

According to the Hawaii Department of Health, travelers aboard flights departing Honolulu for destinations in Japan, Australia, American Samoa, and twenty-two U.S. states became ill with a genetically indistinguishable strain of Shigella. The first complaint filed by Marler Clark was on behalf of a Florida resident, while the amended complaint includes plaintiffs from Michigan, Maryland, California, South Dakota, and Washington State. All plaintiffs were aboard one of three flights that departed Honolulu for the US mainland on August 22 or 23, 2004.

"I must commend the health department for their efforts in this investigation. Given the widespread nature of this outbreak, they did a tremendous job of identifying the outbreak in the first place, then tracing it back to a source," said William Marler, managing partner of Marler Clark, the Seattle law firm nationally recognized for the successful representation of victims of foodborne illness.

Attorneys ask the Court to award plaintiffs punitive damages to "deter [Gate Gourmet] from similar conduct in the future." An April, 2004 inspection by the Food and Drug Administration (FDA) found numerous health code violations at the Gate Gourmet Honolulu facility that serviced airlines at Honolulu Airport. See http://www.fda.gov/foi/warning_letters/g5318d.htm.

"The FDA noted a host of problems at Gate Gourmet when investigators inspected the Honolulu facility in April. It's only right that the company is punished for continuing to operate with a conscious disregard for the health of consumers," Marler added. "Punitive damages would be the civil justice system's way of punishing Gate Gourmet for not acting to meet health codes and for having knowledge that its products could lead to illness."
Documents Marler Clark obtained from the Minnesota Department of Health indicate that genetically indistinguishable Shigella infections were found in residents of California, Connecticut, Iowa, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Ohio, Oklahoma, Rhode Island, Tennessee, Texas, Utah, and Washington State.

Florida man seeks damages against isle airline caterer

Our client Ernie Lyon is the focus of an article in today's Star Bulletin after we filed a lawsuit yesterday against Honolulu airline caterer Gate Gourmet yesterday:

Ernie Lyon accused the company of serving food contaminated with the Shigella bacteria, causing him to develop a 104-degree fever and accrue $3,000 in medical bills. The suit seeks unspecified damages.

The U.S. Food and Drug Administration warned Gate Gourmet in an April letter of unsanitary conditions at its Honolulu kitchen, including employees preparing meals in bug-infested areas.

"We're talking about investigators finding vermin, food stored at temperatures over 50 degrees higher than what is considered safe, and a 'pink, slimy substance' in the washing machine," Marler said.

The state Health Department also linked an outbreak of food poisoning to carrots served by Gate Gourmet on flights out of Honolulu April 22-24, 2004. But the investigation could not determine whether the carrots were contaminated by the caterer or elsewhere.