Queseria Bendita Recalls Queso Fresco, Panela, and Requeson Because of Listeria Illnesses in Washinton and Oregon

According to an FDA Press Release, Queseria Bendita of Yakima, Wash., is recalling three types of cheese, Queso Fresco, Panela, and Requeson, because they have the potential to be contaminated with Listeria monocytogenes, an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

The Queso Fresco, Panela, and Requeson cheeses are sold at Queseria Bendita’s retail store and were distributed in Washington and Oregon, where they are sold in Hispanic markets.

The Queso Fresco is packaged in one- and three-pound vacuum packed wheels; the Panela is vacuum packed in one- and three- pound sizes; and the Requeson is packed in eight-ounce and one- pound clear plastic tubs.

Each cheese has a green label identifying the type of cheese, the Queseria Bendita brand name, and a date code up to and including "Apr 30 2010".

To date there is one confirmed illness in Washington related to the recalled product. Other illnesses in Washington and Oregon may also be related.

The public health investigation of the illnesses led to sampling and testing of the cheeses. The testing revealed the contamination of the product with Listeria monocytogenes.

The company has ceased production and distribution of the product while the Washington State Department of Agriculture, the U.S. Food and Drug Administration, and the firm investigate the source of the problem.

Posted on February 21, 2010 by Bill Marler
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Meat thought to be E. coli culprit

So far eight families have contacted Marler Clark, and one lawsuit has been filed, over the Wendy's ground beef E. coli outbreak in Marion County.

One family was hit twice when the two sons, a 4-year-old and a 23-month-old, became sick from E. coli. The 4-year-old was released last week from Oregon Health Sciences University Hospital, and the 23-month-old remained in fair condition Saturday night. Both had been on dialysis, after which patients can either recover or require transplants, depending on the severity of the condition.

As the Statesman Journal reports, three weeks after the largest E. coli outbreak in Marion County history, the investigation focuses on Wendy's ground beef, said Dr. Paul Cieslak of the Oregon Health Division. The connection was made after a second Wendy's restaurant in Tualatin was linked to the outbreak when an adult female was confirmed Sept. 2 as an E. coli victim. The DNA of the E. coli matched that of the Salem outbreak, confirming a common contamination source.

The lettuce link can be explained by cross contamination, which may have occurred because of improper food handling.

From interviews with Wendy's employees, officials determined that a few workers had washed lettuce in a sink that had not been sanitized and previously contained utensils that had touched raw meat.

Posted on January 10, 2005 by Marler Lawyer
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Are Fairs, Petting Zoos Just Too Dangerous?

I was featured in the Food Protection Report (December 2004 Vol. 20 No. 12), talking about E. coli O157:H7 and fair outbreaks, specifically regarding the prevention measures taken after the 2002 Lane County outbreak in Oregon... and how kids are still getting sick, even when the fair-runners do everything right.

"I think counties and states may have to reassess whether it is worth having fairs, petting zoos, and other events that bring people in close contact with animals," suggests prominent food litigation lawyer William Marler of the Seattle law firm Marler Clark. "I know it sounds un-American, but we are now having outbreaks of E. coli O157:H7 linked to these events almost on a yearly basis," Marler told Food Protection Report.

Infections picked up at events where people and animals mingle can spread throughout the community. Since 1998, at least seven E. coli O157:H7 outbreaks have been traced to fairs. The most recent outbreak occurred in North Carolina, where an investigation is ongoing.

Although the specifics of each E. coli outbreak at fairs differ, Marler says, they all have a common denominator and the pathogen lurks in ways that were not seen decades ago. A 2003 study by USDA found E. coli O157:H7 was not only commonly present at fairs but that levels of the bacteria were similar to those found in commercially reared livestock, which surprised researchers.

The Seattle firm filed suit on behalf of 12 families against lane county, Oregon, where an August 2002 county fair was identified as the source of the state's largest outbreak of E. coli O157:H7, which sickened at least 80 confirmed cases. The lawyer also is representing at least two cases in North Carolina.

The Oregon suit was withdrawn in mid-October 2004. "We could not prove the exact form of E. coli transmission," Marler told FPR of the decision to drop the lawsuit. "We could not determine if it was indeed airborne transmission, or whether it was foodborne, caused by having animals in close proximity to people, or a combination of those and other factors." Lane county officials said plaintiffs could not show what the state could have done to prevent the outbreak.

Oregon health officials initially ruled out foods and beverages served at the fair as the cause of the outbreak, and speculated that direct exposure to infected sheep, goats and pigs may have been the culprit. They also suggested dirt and dust may have contaminated dry fecal material infected with the bacteria, which could have been inhaled by visitors. But two years after the event, no one knows exactly how the outbreak occurred.

Short of a ban, counties and states can do several things to protect consumers, Marler suggests. "You can test animals to see if they carry E. coli O157:H7, and if they do, exclude them from human contact," he said. In addition, through sanitation, careful tending of animal bedding to prevent dust, plenty of hand washing stations for visitors and employees, posting signs explaining the importance of hand washing, and not selling or allowing foods close to areas where animals are on display can lessen the risk of disease outbreak.

Following the 2002 Lane County outbreak, Oregon issued recommendations to prevent disease outbreaks at fairs, but it is unclear how many counties have adopted them. "We have 35 fairs in Oregon annually, and some of them have, generally, adopted the recommendations, but it's hard to know how many actually have done so. It's probably been a mixed bag," said William Keane, epidemiologist, Oregon Department of Human Services, told FPR. "We don't have the authority to require fairs to comply with our recommendations," he said. "Oregon doesn't have such authority because the legislature has chosen not to do that," Marler said.

Lane County did adopt measures to better manage human contact with animals, increase public awareness of risks, and improve sanitation, as recommended by the state, and the county has not had any fair-related illnesses since then.

But Marler said that even if all preventive steps are taken, outbreaks can still occur. "We may have to rethink whether fairs and other venues are something we really have to have," he said. Marler Clark has set up a web site www.fair-safety.com to increase awareness of the issue.
Posted on December 13, 2004 by Marler Lawyer
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Back from the Brink: Families of children who contracted E. coli count blessings - and bills

As Randi Bjornstad of The Register-Guard reported in the article Back from the Brink: Families of children who contracted E. coli count blessings -- and bills, I've advised my clients to drop their lawsuits regarding the E. coli outbreak at the 2002 Lane County Fair. Not an easy decision, for me or for my clients, but after doing a lot of research and taking dozens of depositions of Lane County officials, family members of those affected by the outbreak and field experts, I saw no other choice.

From the article:

In 2002, when the Lane County outbreak happened, "airborne or dustborne transmission of E. coli was still a novel concept," Marler said. "Whether that's exactly how these people got the infection, we just don't know. Some washed their hands, others didn't. Some touched animals, others didn't. Some of the children walked through the barns, some never got out of their strollers. We just couldn't pinpoint, `This is what the fair didn't do, this is what they should have done.' Without that, we couldn't win a lawsuit."

He and the families wanted more than just a financial settlement.

"Most state, county and local entities are either immune from lawsuits or have caps on awards," Marler said. "There's very little economic incentive for them to change. I'm not suggesting that all award caps should be removed, but I think government officials should look at these situations as if it were their grandkids who had the problem."

If they did, Kevin Closson believes, it might cut E. coli outbreaks in the future. Closson's daughter, Madeline, then 3, spent two weeks in Legacy Emanuel Hospital in Portland, undergoing daily dialysis treatments for a week and requiring blood transfusions.

"During dialysis ... they suck the blood out, clean it up, cool it down and put it back in," Closson said. "It takes several hours, which is one thing for an adult but way too much for a little child, so they have to put them under anesthesia to do it. At one point, in one day, Maddy was under three times. The money wasn't as big a thing to us as witnessing what all that did to our 3-year-old's body."

Posted on December 2, 2004 by Marler Lawyer
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