Marler Blog : Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

A few days after the President and Vice President ordered and ate burgers in Arlington Virginia, the First Lady and her staff ate burgers at Good Stuff Eatery, 303 Pennsylvania Ave. SE, Washington, DC 20003.

Unlike with the President’s burger binge, the First Lady’s was not caught on video nor was the “doneness” of her burger reported.   Also, I tried to find the restaurant inspection reports of the Good Stuff Eatery online, but apparently Washington DC, unlike neighboring Arlington VA, do not put inspections online.

Although FDA does not oversee Hamburger, Dr. Margaret Hamburg has been tapped to head FDA. As she noted in her testimony before the Senate this week:

Turning to food safety, Hamburg said it will require sustained effort, more money, and stronger laws to improve the situation. She wants to shift from chasing outbreaks after they have broken out to preventing them first. That would require all food companies to follow written safety plans, overseen by federal and state inspectors. Traceability and import safety — weak links in the system — would have to be strengthened.

Obama's budget, released Thursday, calls for a $260-million increase for the FDA's food safety program. Past budget cuts have hit the food inspection program hard, and part of the new funding would go to rebuild the ranks of inspectors.

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So, what is the big deal? President Obama ordered a medium-well burger for himself and the VP, and ordered medium burgers for the press – in a restaurant with a spotty food safety record that does not use, or may not even have, a thermometer. Forgoing the phrase “teachable moment” for a bit, I would like to get right to the “meat” of the matter. What Obama did was foolish - in the view of many food safety experts - but it is something that many consumers do every day; they order a burger from their favorite restaurant or cook it themselves on the backyard grill.

Food safety professionals inside and outside government will tell you that medium or medium-well means nothing in the food safety world – temperature is the key. Pink or brown color is not a good indicator of “doneness.” Temperature on the inside of the burger (at several places) of 155 to 160 degrees (rules vary a bit state to state) is the only way to assure that the burger is safe. Yet less that 2% of consumers use or own a thermometer. Restaurants are required to have thermometers, but not necessarily use them. So, why do consumers - including the President - ignore the advice of experts who are trying to protect them from the bacteria and viruses lurking in their cheeseburgers that can sicken or kill them or their children?

What consumers believe, including the President apparently, is what they hear every day from Government officials and the Beef Industry – “Our Food Supply Is The Safest In the World”. Compared to China? Great! Clearly, any food safety message is missed, because of lack of honesty (hamburger really may contain animal feces that can sicken or kill you!) and lack of education (why don’t we teach kids how to cook safely in addition to teaching them to wear seatbelts and shun smoking?)

So, what is a President to do - avoid hamburgers? Well, I do (and so does my family) ever since the Jack in the Box E. coli O157:H7 Outbreak of 1993 that sickened nearly 600, caused acute kidney failure in 50 and killed four children - but that is just me.

Full disclosure, I am a trial lawyer who represents victims of foodborne illness. I have seen too much misery, and yes, death, caused by failures in food production at every stage of the food supply. If you do not think our food supply is dangerous, then just open a newspaper, turn on the radio or TV or surf the Internet. Foodborne illness outbreaks linked to all types of food (including hamburger) are nearly a daily occurrence. However, the Government and Industry keep telling us its safe and we seem to believe it.

So, what is a President to do?

First call the head of Food Safety Inspection Services (actually, a spot yet to be filled) and ask him why there is cow feces in hamburger meat in the first place. Also, while you have him on the phone, ask about Salmonella, Listeria, MRSA and all the other bugs that may have been in the hamburger you ate the other day.

Next, be honest with the American Public. With 76,000,000 foodborne illnesses cases yearly, 325, 000 hospitalizations and 5,000 deaths, our food supply might be safer than China’s – but it is not safe enough.

Third, put food safety on the “front burner” and turn up the heat. It is time that we commit to the American Public to get animal feces out of our food. How to do it:

A. Revise food regulations to criminalize manufacturers who sell food that poisons consumers. I am not suggesting the “China Method,” but it is time to impose stiff fines, and jail sentences for businesses that kill kids;

B. Give tax credits and other incentives to businesses that invest in safe food methods and technology. Remind me, how many billions have we given the banks? Perhaps it is time to invest in those who will actually invest in us;

C. Increase the surveillance of foodborne diseases. Right now, for every one person counted in an outbreak, we miss another 20 to 40. This causes delays in determining what food product is sickening our neighbors allowing hundreds of others to become sick before we figure out what product to pull;

D. Fully fund Local, State and Federal Health and Food Inspectors and give them the legislative and financial tools to get the job done.

The “teachable moment” is simply that the hamburger that the President ordered on Monday should not put him at risk for getting sick on Thursday. That is true for all of us and all the food that we eat. The “teachable moment” has passed, the real question is, “did we learn anything?’

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OK, I promise to stop blogging about the "obamaburger heard around the world."  So, why did Obama order his and Joe's burgers medium well (arguably cooked) and ordered the press's medium (clearly undercooked)?  Also, can anyone find a thermometer?

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Being that I can nearly see Alaska from my Hotel Room here in Canada, a loud “shout out” to Stephen Leary and the folks at Barf Blog for checking into the food safety record of Ray's Hell Burger, a.k.a. Butcher Burger, 1713 Wilson Blvd., Arlington, VA – AFTER the President ate there. Ya really have to love the internet.

I posted yesterday about my concerns about the President ordering his hamburger medium-well. But, perhaps the bigger concern is what the hell was the Secret Service thinking – Or, Not. Here is the best of what is on-line at the Arlington Health Department:

Violations:  A summary of the violations found during the inspection are listed below.

Code / Observation / Corrective Action

3-301.11 Corrected During Inspection Critical An employee was observed contacting ready-to-eat (RTE) food [hamburger roll and lettuce] with their bare hands.

Except when washing fruits and vegetables as specified under 3-302.15 or as specified in paragraph (D) of this section, food employees may not contact exposed, RTE food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.

3-603.11 Critical The food establishment serves hamburgers [cooked-to-order] undercooked without informing consumers of the significantly increased risk consuming such food by way of a disclosure and reminder using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.

Except food establishments that serve a highly susceptible population or have received a variance from our department, if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in paragraphs (B) and (C) of this section using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means. (B) Disclosure shall include: (1) A description of the animal-derived foods, such as "oysters on the half shell (raw oysters)," "raw-egg Caesar salad," and "hamburgers (can be cooked to order);" or (2) Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients. (C) Reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states: (1) Regarding the safety of these items, written information is available upon request; (2) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness; or (3) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions. At issue is the role of government agencies, the regulated industry, and others in providing notice to consumers that animal-derived foods that are not subjected to adequate heat treatment pose a risk because they may contain biological agents that cause foodborne disease.

6-501.111 Insect, rodent, and/or other pest harborage conditions exist on the premises [mouse droppings were observed on the floor of the storage room].

The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by eliminating harborage conditions. Insects and other pests are capable of transmitting disease to man by contaminating food and food-contact surfaces. Effective measures must be taken to control their presence in food establishments.

Not quite the publicity that Ray's Hell Burger or Butcher Burger was hoping for I imagine.  Or, perhaps like when Acting CDC director Richard Besser called Biden's bungled comments about not flying in an airplane because of the risk of H1N1 "a teachable moment," we can learn something here about safe food?  Heck, I had time to change my deck before my speech this morning:

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"Victims all over the country are suffering because of the breakdown of our meat supply safety system," said the plaintiffs' attorney William Marler. "Everyone deserves pathogen-free meat in restaurants, grocery stores and summer camp."

William D. Marler

A Boy Scout infected by E. coli while attending camp in Goshen filed suit Friday in the Circuit Court of Rockbridge County. The lawsuit -- filed on behalf of Zachary Yost and his mother, Devon Drew -- names S & S Foods LLC as the defendant. In August, more than 80 people at a Boy Scout camp near Goshen were infected with E. coli. Yost attended the camp from July 20-26. The outbreak was linked to hamburger meat manufactured and sold by S & S Foods of California. The company recalled more than 150,000 pounds of meat.
 

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A Boy Scout who was infected by E. coli O157:H7 while attending camp in Virginia filed suit today in the Circuit Court of Rockbridge County. The lawsuit was filed on behalf of Zachary Yost and his mother, Devon Drew, against S & S Foods LLC. The plaintiffs are represented by Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness, and Maryland attorney Benson Klein of Ward & Klein.

In August 2008, 84 people at a Boy Scout camp near Goshen, Virginia were infected with a highly toxic form of E. coli, the O157:H7 strain. The outbreak was traced to hamburger meat manufactured and sold by S & S Foods of California. Zachary Yost attended the camp from July 20 through July 26. Yost ate hamburger meat while at camp, and fell ill on July 26. He experienced cramping, nausea, and diarrhea, which by July 29 became bloody. In the process of receiving medical care, he tested positive for E. coli O157:H7. S & S hamburger meat at the camp also tested positive for E. coli O157:H7, and the company recalled more than 150,000 pounds of meat.

“There has been a record amount of E. coli-tainted meat recalled in the last year and a half,” said the plaintiffs’ attorney William Marler. “Unfortunately, that has meant that that there have also been a record number of E. coli illnesses. Victims all over the country are suffering because of the breakdown of our meat supply safety system. Everyone deserves pathogen-free meat—in restaurants, grocery stores, and summer camp!”

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure. The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks, as have unpasteurized milk and cheese, unpasteurized apple juice and cider, alfalfa and radish sprouts, orange juice, and even water. There have also been outbreaks associated with petting zoos and agricultural fairs.

“Zachary has yet to test free of E. coli,” continued Marler. “His body is still fighting the infection, and restricting what he can do. Meat companies need to step up to the plate and take responsibility for the effects their tainted products have on consumers.”
 

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FSIS announced tonight the first E. coli O157:H7 recall of 2008.  In 2007 there were at least 21 recalls, totaling over 33,00,000 pounds of meat.  Now Rochester Meat Company, a Rochester, Minnesota firm, is voluntarily recalling approximately 188,000 pounds of ground beef products because the meat resulted in five illnesses in Wisconsin and one illness in California due to contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today.  We believe that a National Restaurant Chain may be involved.

The ground beef products subject to recall were produced on Oct. 30, 2007, and Nov. 6, 2007. The products subject to recall were shipped to distributors nationwide for further distribution to restaurants and food service institutions. These products were not available for purchase by consumers in retail establishments.

Each box bears the establishment number “Est. 8999” inside the USDA mark of inspection. The following products are subject to recall:

* 10-pound boxes of “SEASONED BEEF BULK” bearing a product number of “09068,” as well as an eight-digit lot number beginning with “730314.”

* 10-pound boxes of “100% PURE BEEF PATTIES” bearing a product number of “09071,” as well as an eight-digit a lot number beginning with “731013.”

* 15-pound boxes of “CHEYENNE SEASONED BEEF PATTIES” bearing a product number of “12017” or “12018,” as well as an eight-digit lot number beginning with “730314.”

* 10-, 15- and 20-pound boxes of “100% PURE GROUND BEEF PATTIES” bearing a product number of “1340,” “127533,” “135724,” “158843” or “158852,” as well as an eight-digit lot number beginning with “731013” or “731014.”
* 10-pound boxes of “100% PURE GROUND CHUCK BEEF PATTIES” bearing a product number of “158898,” as well as an eight-digit lot number beginning with “731014.”

* 10-, 15- and 25-pound boxes of “100% PURE GROUND BEEF CHUCK PATTIES” bearing a product number of “85227,” “227806,” “407823,” “407830,” “407840,” “417841” or “437531,” as well as an eight-digit lot number beginning with “730314,” “731013,” or “731014.”

* 10-pound boxes of “OUR HOMESTYLE 100% PURE GROUND BEEF PATTIES” bearing a product number of “208033,” as well as an eight-digit lot number beginning with “731014.”

* 15-pound boxes of “SEASONED BEEF PATTIES” bearing a product number of “357835,” as well as an eight-digit lot number beginning with “730314.”

* 15- and 15.3-pound boxes of “USDA CHOICE OR HIGHER 100% PURE GROUND BEEF PATTIES” bearing a product number of “437507” or “437521,” as well as an eight-digit lot number beginning with “730314,” “731013,” or “731014.”

* 15-pound boxes of “USDA CHOICE OR HIGHER GROUND BEEF CHUCK PATTIES” bearing a product number of “437822,” as well as an eight-digit lot number beginning with “731014.”

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It has been a busy week juggling poisoned spinach, peanut butter, pot pies and a rash of contaminated hamburger and milk – and dealing with emails from raw milk advocates, but I am still surprised that no one from Texas every took me up on my $10,000 offer for the return of the missing meat.

Rececca Lopez of WFAA TV in Dallas continues to cover the whereabouts of the American Fresh Foods “mystery meat.” According the Ms. Lopez, “Dallas officers have traveled door-to-door to dozens of restaurants in the area searching for the meat. During their search, officers discovered that the Chicken Shack did buy some of the meat. The Chicken Shack owner said they bought only one box of the meat for $20.”

Nearly a month ago approximately 14,800 pounds of ground beef products stolen, along with the unlocked truck, from the parking lot of American Fresh Foods. According to Land Line Magazine reporter, Clarissa Kell-Holland, “as of Friday, January 11, more than 80 percent of the meat still hadn’t been recovered. Health investigators working on the case confirmed to Land Line that some Dallas residents and area restaurants have been approached by an individual attempting to sell the stolen ground beef products door-to-door.”

As I posted last week, there are still many unanswered questions for American Fresh Foods that "poop" into mind, such as:

1. What were you doing with E. coli-tainted hamburger sitting in your parking lot?

2. What were you going to do with it? Was it going to be destroyed? Were you going to sell it as cooked product?

3. Given that E. coli-tainted hamburger is a danger, how was someone able to back a big rig up to the trailer and drive it off your property?

4. Because you knew the hamburger was adulterated by testing, I can assume that you have done genetic fingerprinting (PFGE) on the offending bug? This will be helpful if people start showing up in ER's with bloody stool. If their stool is tested, and found to have E. coli, and if a PFGE is done, perhaps you can figure out who stole the truck by figuring out who sold the poisoned meat?

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$10,000 reward still offered for information leading to the arrest of the persons who stole the meat-filled trailer. 

Quote of the day:

"The bottom line is, it's never safe to buy meat on the street."

Susan Tallant and the Fort Worth Star-Ledger is on the trail of the E. coli-tainted trailer stolen from American Fresh Foods parking lot a few days ago.  According to the report, “the meat was in a trailer, not hitched to a tractor, on the parking lot of American Fresh Foods, 1301 Northpark Drive, just northeast of downtown off Samuels Avenue…. The thief or thieves must have brought a tractor to haul off the trailer, officials said.”

The meat-filled refrigerated trailer is a white 2000 Great Dane, Maine license plate number 1925071, trailer number Q061232.  The company's logo and "XTRA LEASE" are on the side of the trailer.

If you have any information on the location of the trailer or the meat, please call the Fort Worth Police Department Crime Stoppers hotline at 1-817-469-8477 or the American Fresh Foods consumer hotline at 1-800-724-1136.  Also, if you have any information that leads to the arrest of these “hamburglers,” please call me on my Bat Phone – 1-206-794-5043.

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FSIS announced today that the Maramont Corporation, a Brooklyn, N.Y, firm, is voluntarily recalling approximately 88 pounds of a beef patty product that may be contaminated with Listeria monocytogenes. The beef patty products were produced on December 18 and distributed on December 19 to schools in the Jersey City, N.J., area.  The following product is subject to recall:

2-oz packages of "BROILED BEEF PATTY (MICROWAVE)." The products were individually packaged and delivered from 17.25-pound cases. Each case label bears a lot code of "07352" and product number "2801." Each case label also bears the establishment number "EST. 5370" inside the USDA mark of inspection.

Listeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells. Listeria also produces toxins that damage cells. Listeria invades and grows best in the central nervous system among immune compromised persons, causing meningitis and/or encephalitis (brain infection). In pregnant women, the fetus can become infected, leading to spontaneous abortion, stillbirths, or sepsis (blood infection) in infancy.

Approximately 2,500 cases of listeriosis are estimated to occur in the U.S. each year. About 200 in every 1000 cases result in death. Certain groups of individuals are at greater risk for listeriosis, including pregnant women (and their unborn children) and immunocompromised persons. Among infants, listeriosis occurs when the infection is transmitted from the mother, either through the placenta or during the birthing process. These host factors, along with the amount of bacteria ingested and the virulence of the strain, determine the risk of disease. Human cases of listeriosis are, for the most part, sporadic and treatable. Nonetheless, Listeria remains an important threat to public health, especially among those most susceptible to this disease.

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Knox Times-Tribune staff writer Heather Cole wrote, “the death of a Knox County woman is under investigation and E. coli O157:H7 bacteria is believed to be the source of her illness. Vickie Shelton, 47, died Monday afternoon at Central Baptist Hospital in Lexington after being admitted.” She also wrote “officials at the U.S. Department of Heath in Fayette County are testing samples of ground beef Shelton had reportedly consumed prior to becoming sick. American Foods Group (AFG) of Green Bay, Wisconsin issued the recall on products produced in October and reportedly shipped to retailers and distributors in seven states including Kentucky, Indiana, Maryland, Ohio, Tennessee, Wisconsin and Virginia. The recall, issued November 24, is a class 1 recall with health risks listed as “high.” The problem was discovered through an investigation into two illnesses that was initiated by the Illinois Department of Public Health.

As I wrote in a previous blog post:

We have seen this all before. In December 1998, a recall was issued for 1,000 pounds of beef manufactured by AFG and distributed to Cub Foods stores in the Chicago, Illinois area after random testing showed that meat in one of the stores was contaminated with E. coli O157:H7. In December 1999, a recall of ground beef was made after government inspectors found contamination at the AFG plant. In December 2000, the Minnesota Department of Health (MDH) issued a press release stating that 17 Minnesota citizens had been infected with the same strain of the E. coli O157:H7 bacteria during November 2000. On December 4, FSIS, stated in a Class I alert that Green Bay Dressed Beef, the meat supplier doing business as AFG, was, at the suggestion of the FSIS, recalling 1.1 million pounds of contaminated ground beef. Yet another recall, this time for over 500,000 pounds of ground beef manufactured by AFG, occurred in August 2001.

I am beginning to loose track of how many illnesses have been caused by E. coli-contaminated hamburger this year (must be well over 1,000 officially reported) and how much meat has been recalled this year (must be in excess of 32,000,000 pounds).  And, "we have the safest food in the world?"  I say, Bull#%^*!

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"We believe in caring for our customers and caring for our employees. That will not change."
                Tom Rosen, Co-Chairman of American Foods Group, LLC

Oh, Really?  I guess lightning can strike more than once in the same spot!



American Foods Group, LLC (AFG), a Green Bay, Wisconsin firm, is recalling approximately 95,927 pounds of various coarse and fine ground beef products because they are contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. The ground beef products subject to recall were produced on Oct. 10, 2007, and were distributed to retail establishments and distributors in Indiana, Kentucky, Maryland, Ohio, Tennessee, Wisconsin and Virginia. The problem was discovered through an investigation into two illnesses that was initiated by the Illinois Department of Public Health.   That is how the USDA figures out outbreaks - send the contaminated meat into the market place and see if people get sick - the American pubic, canaries in the coal mine.  I wonder if AFG did any "test and hold?"

The FSIS web site also reflects that American Foods Group (AFG) is a processing establishment, and does not slaughter. The web site also shows that the establishment is part of a conglomerate which also owns Green Bay Dressed Beef, which has more than one establishment, one of which is Est # 410 in Green Bay, which does slaughter.  Green Bay Dressed Beef had a Mad Cow scare in August 2005.

Unfortunately for AFG's customers this was not an isolated occurrence.  We have seen this all before.  In December 2000, the Minnesota Department of Health (MDH) issued a press release stating that 17 Minnesota citizens had been infected with the same strain of the E. coli O157:H7 bacteria during November 2000.  On December 4, FSIS, stated in a Class I alert that Green Bay Dressed Beef, the meat supplier doing business as AFG, was, at the suggestion of the FSIS, recalling 1.1 million pounds of contaminated ground beef.  One of the young children we represented developed Hemolytic Uremic Syndrome (HUS).

Also, In December 1998, another recall was issued for 1,000 pounds of beef manufactured by AFG and distributed to Cub Foods stores in the Chicago, Illinois area after random testing showed that meat in one of the stores was contaminated with E. coli O157:H7.  Again, in December 1999, a recall of ground beef was made after government inspectors found contamination at the AFG plant.  Yet another recall,  this time for over 500,000 pounds of ground beef manufactured by AFG, occurred in August 2001.  In that outbreak we represented five people.

Jennifer Smith Richards of the Columbus Dispatch weighed in on the recent AFG recall in an article “More beef might be tainted, states told.”  AFG's shocking indifference is concerning:

"It's something that, unfortunately, happens with a raw product like ground beef," said Jim Mulhern, a spokesman for American Foods Group. "It's not 100 percent preventable....  One of the problems with these recalls is American Foods Group doesn't know where it was eventually sold," Mulhern said.

One more "beef" of mine - It is an agreement between USDA and industry — USDA will not disclose the names of slaughter houses without a positive test “above the grinder” - which is why there is no mention of where the meat came from that was ground by AFG in this latest recall.  Also, on the "downside" of the grinder - on the retail side - there is also an agreement between USDA and industry to not disclose “proprietary information” - which includes where the contaminated meat was sold.  Health Departments have to sign a Memorandum of Understanding (MOU) to not disclose that information to the public in order to get the information from USDA.  Welcome to my world — ever read Kafka?  I put some of my thought on this recall out in a press release.

The following products are subject to this most recent recall:

* Bulk weight packages of "BEEF, FINE GROUND 73/27." Each shipping label bears a product code of "65000."
* Bulk weight packages of "BEEF, FINE GROUND 75/25." Each shipping label bears a product code of "65800."
* Bulk weight packages of "BEEF SIRLOIN, FINE GROUND 90/10." Each shipping label bears a product code of "66000."
* Bulk weight packages of "BEEF, FINE GROUND 80/20." Each shipping label bears a product code of "66400."
* Bulk weight packages of "BEEF, FINE GROUND 75/25." Each shipping label bears a product code of "19900."
* Bulk weight packages of "BEEF, FINE GROUND 73/27." Each shipping label bears a product code of "20100."
* Bulk weight packages of "BEEF CHUCK, FINE GROUND 82/18." Each shipping label bears a product code of "20600."
* Bulk weight packages of "CHOP BEEF STEAK, FINE GRIND "86/14." Each shipping label bears a product code of "30000."
* Bulk weight packages of "BEEF SIRLOIN, FINE GROUND 92/08." Each shipping label bears a product code of "30400."
* Bulk weight packages of "BEEF ROUND, FINE GROUND 87/13." Each shipping label bears a product code of "30200."
* Bulk weight packages of "BEEF, FINE GROUND 80/20." Each shipping label bears a product code of "30700."
* Bulk weight packages of "BEEF CHUCK, FINE GROUND 82/18." Each shipping label bears a product code of "31400."
* Bulk weight packages of "BEEF, FINE GROUND 93/07." Each shipping label bears a product code of "31600."
* Bulk weight packages of "BEEF, FINE GROUND 73/27." Each shipping label bears a product code of "31700."
* Bulk weight packages of "BEEF MODIFIED, FINE GROUND 93/07." Each shipping label bears a product code of "31900."

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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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Robert Roos, CIDRAP News Editor caught the USDA ones again saying that it is interested in public safety, but when no one is looking changes the rules.  Mr. Roos' article entitled, “USDA modifies E. coli testing rules for Canadian beef,” is frankly shocking. According to the story, the “USDA has modified its program of increased testing and inspection of Canadian meat, after finding no problems in the first week or so, a USDA official said today.” Wow, after nearly killing 40 people in the US in the Topps E. coli outbreak (and, no one is counting the 44 sick and 1 dead Canadian), and after one whole week of testing, our government decreases testing AND allows meat to be shipped to consumers BEFORE test results even come back.

Mr. Roos also reported that, despite hundreds of people sickened in the US in 2007 and over 30 million pounds of meat recalled, the “USDA is not considering requiring American meat companies to hold meat until pathogen testing is completed, contrary to a recent news report…. the USDA has long had guidelines recommending that companies hold meat until test results come back, "but it's not something we require."

Does anyone wonder why people think government is useless?

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I read the headline of Julie Schmit’s article in USA TODAY and had the overwhelming desire to say “duhh!” as my 15-year-old often says of me to me. I then read further:

The federal government may move to keep meat off the market until its tests confirm the meat doesn't have harmful bacteria, a step that officials say could have prevented some of this year's 53 meat recalls. The U.S. Department of Agriculture, which regulates meat and poultry, may require meat producers to hold product that's been routinely tested by the government until test results come back, says Kenneth Petersen, assistant administrator for the USDA. "It's not in anybody's interest to do all of these recalls."

“Test and Hold.” All that I can say is my daughter is right.

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As the number of Cargill-related E. coli recalls has grown, we have pulled a few of our past E. coli battles with Cargill and its many subsidiaries. We have spent a bit of time over the years with Cargill and its lawyers.

• 1993 and 2000 Sizzler outbreak linked to Cargill/Excel

• 2001 Cargill/Excell Linked to Frozen Beef E. coli

• 2002 Cargill/Emmpak “fresh” ground meat linked to E. coli

A bit more history about Cargill - In 1995 Cargill announced the “End of E. coli” in the pages of the New York Times. Now, 12 years later it has recalled nearly 2,000,000 pounds of hamburger (that is nearly enough to give every New Yorker a quarter pounder) in October and November recalls.  Jane Genova, fellow blog addict, posted twice on what "Big Beef" needs to do to fix the problem and the PR.  This post also warranted a post by a top-shelf Florida Law Blogger - Labovick - entitled "Cargill-beef-recall-is-a-walk-down-memory-lane"

Cargill Meat Solutions is the umbrella organization of Cargill’s beef, pork and turkey businesses. A key part of Cargill Meat Solutions was Excel Corporation, which began business nearly 70 years ago and grew from a Midwestern beef company to also include pork, processed meats, case ready meats and food distribution centers. Follow the Timeline:
1936 - Beef processor Excel Packing Company is formed in Chicago

1941 - Excel Packing moves to Wichita

1970 - Excel changes name to Kansas Beef Industries

1974 - Kansas Beef Industries and Missouri Beef Packers, which was formed in 1964, merge to form MBPXL Corporation

1979 - Cargill, Incorporated, acquires MBPXL Corporation

1982 - Cargill renames MBPXL as Excel Corporation

Evolution of Cargill Meat Solutions - Excel was once known as America’s Beef Company. In the 1980s, the company moved beyond just beef and the U.S. border.

1982 - Food Distribution Centers: Excel opened its first food distribution center in Wichita, Kan., in 1982. Today, known as Cargill Food Distribution, the business distributes fresh beef and pork, and other products to grocers and foodservice outlets from 12 U.S. facilities.

1986
Further-processed, Value-added Meats: Excel acquired Del Pero Mondon (DPM), which was based in Marysville, Calif. The further processing business took the name of Emmpak Foods when Excel acquired Milwaukee-based Emmpak in 2001.

1987 - Pork Processing: Excel entered the pork processing business by purchasing two facilities that were being closed – one by Hormel in Ottumwa, Iowa, and the other by Oscar Mayer in Beardstown, Ill.

1989 - Canadian Beef: After two years of construction, Cargill Foods Ltd. opened a beef harvesting facility near High River, Alberta.

1991 - Australian Beef: Cargill Foods Australia acquired a meat processing business in Wagga Wagga, and two years later, converted it to a beef-only facility. Another facility, in Tamworth, was acquired in 1998.

1992 - Case-Ready Meats: Building on past efforts with case-ready meats, Excel/Cargill acquired a plant in Toronto and turned it into what is the longest-running of its five case-ready-only plants.

2000 - Cargill Meat Solutions: Cargill created Cargill Meat Solutions as one of 13 business platforms. In addition to Excel, Cargill Meat Solutions included Caprock Cattle Feeders, a leading finisher of beef cattle, and Cargill Pork, a leading producer of hogs. Cargill entered the hog production business in 1971 and acquired Caprock in 1974.

2001 - Turkey: Cargill Turkey Products was added to Cargill Meat Solutions. Cargill entered the turkey processing business in 1967. It grew through the 1998 acquisition of Plantation Foods in Waco, Tex., and the 2001 acquisition of Rocco Foods in Harrisonburg, Va. The general offices of Cargill Turkey Products moved to Wichita in 2003.

2003 - Taylor Beef: Cargill Meat Solutions created a business around Taylor Beef, which was acquired in 2002. Taylor focused on processing culled dairy cattle and producing ground beef.

2004 - Cargill Value Added Meats: Emmpak Foods, Inc., which was acquired in 2001 and based in Milwaukee, was combined with Cargill Turkey Products to form Cargill Value Added Meats. The general offices of the Cargill Value Added Meats business unit are located in Wichita. Finexcor: Cargill announces an agreement to acquire 50 percent of the shares of Finexcor, a leading Argentine beef processor and exporter. The purchase marks Cargill's first investment in the Argentine beef industry.

2005 - Better Beef: Cargill Limited and Better Beef Limited announce that the two companies have reached an agreement for Cargill to purchase beef processing and related assets operated by Better Beef Limited, headquartered in Guelph, Ontario.

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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 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 FREDERIC J. FROMMER of the Associated Press, Federal officials refused to tell Minnesota authorities which of two beef plants were linked to a fatal E. coli outbreak last summer, according to a state report.  One woman died and at least 17 people were sickened from the E. coli outbreak in the Longville area, after eating ground beef.

The state report, dated in July, was sent to The Associated Press this week by the Seattle law firm of Marler Clark, which represents victims of food poisoning. Managing partner Bill Marler said his firm is not representing any victims from the Longville area, but may sue the USDA for not providing the information to state authorities. The state health department gave the report to AP on Thursday.

"I suppose it's par for the course for USDA, but I'm shocked that the USDA refused to disclose the name of the plant that had the positive sample, which clearly is the source of the E. coli that poisoned people," Marler said. "The USDA is more concerned with protecting industry than protecting the public health."

 

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Marler Clark has settled with Supervalu and American Foods Group on behalf of the parents of Sonja Pearson, a young girl who became seriously ill after eating E. coli-contaminated ground beef that was supplied by AFG to Supervalu's Cub Foods subsidiary.

More than 40 people in the Upper Midwest became ill during the E. coli outbreak in December 2000, including Pearson, who was then 2 years old and incurred medical bills for $ 220,000 during a month-long hospital stay for kidney failure caused by the contaminated meat.

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Marler Clark got BJ's Wholesale Club, Inc. and a meat supplier to agree to pay $ 11 million to the family of a New York girl developed HUS after eating contaminated hamburgers.

We also represent a young boy whose family bought tainted hamburger from another BJ's Wholesale Club store.

As I said in the article:

The amount "is never enough to make it right," since the 8-year-old girl will have "life-long" health problems as a result of her injuries.

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