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

I am heading to London Sunday for a series of lectures on food safety and just in time the EU put out its report on foodborne diseases for 2007.  Full report - Here.

In total, 5,609 food-borne outbreaks were reported by MSs in 2007 that is a slight decrease of 2.2% compared to 2006. Together 36.1% of the reported outbreaks were classified as verified. The verified outbreaks affected 39,727 people resulting in 3,291 hospitalizations and causing 19 deaths. In addition, the two non-MSs reported 93 food-borne outbreaks, of which 38.7% were verified and 1,475 people were affected, resulting in 55 hospitalizations and causing five deaths. France and Spain reported most (73.0%) of the verified outbreaks in the EU. There was a great variation between MSs in the numbers and proportions of verified outbreaks reported, which may reflect differences in the sensitivity and efficiency of the national systems for investigating and reporting outbreaks in place.

Salmonella was, as in previous years, the most commonly reported cause of food-borne outbreaks in the EU. Twenty-two MSs reported 2,201 Salmonella outbreaks of which 26.8% were verified. The 590 verified Salmonella outbreaks affected 8,922 people, resulted in 1,773 hospitalizations and caused ten deaths.

Food-borne viruses, mainly calicivirus (including norovirus), were reported as the second most common known cause of food-borne outbreaks, and 18 MSs reported a total of 668 outbreaks of which 16.6% were verified. The 111 verified virus outbreaks affected 3,784 people and resulted in 131 hospitalizations.

Campylobacter also remained a common cause of food-borne outbreaks in the EU and 17 MSs reported 461 outbreaks where only 6.5% were verified. The 29 (excluding the large waterborne outbreak) verified Campylobacter outbreaks affected 244 people and resulted in 19 hospitalizations.

Fourteen MSs reported 65 outbreaks caused by pathogenic E. coli, of which 44.6% were verified. The 29 verified E. coli outbreaks affected 541 people and resulted in 24 hospitalizations.
Bacterial toxins produced by Bacillus spp., Clostridium spp. or Staphylococcus spp. were reported by 18 MSs as the cause of 458 outbreaks, of which 93.2% were verified. The 427 verified outbreaks caused by bacterial toxins affected 6,277 people, resulted in 345 hospitalizations and caused four deaths.

Few outbreaks caused by other bacterial agents like Yersinia, Listeria, Shigella, Enterobacter and Citrobacter were reported. In addition, a number of outbreaks caused by parasites were recorded and most of them were Trichinella outbreaks related to consumption of uninspected pig and wild boar meat.

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From the MMWR Today - Since February 1, a total of 228 cases have been reported from 13 states: Nebraska (110 cases), Iowa (35), South Dakota (35), Michigan (18), Kansas (eight), Pennsylvania (seven), Minnesota (five), Ohio (three), Illinois (two), West Virginia (two), Florida (one), North Carolina (one), and Utah (one) (Figure 2). Patients range in age from <1 year to 85 years (median: 29 years); 69% are female. Among patients with available information, 4% reported being hospitalized. No deaths have been reported.

On February 24, 2009, the Nebraska Department of Health and Human Services identified six isolates of Salmonella serotype Saintpaul with collection dates from February 7--14. Salmonella Saintpaul is not a commonly detected serotype; during 2008, only three Salmonella Saintpaul isolates were identified in Nebraska. This report summarizes the preliminary results of the investigation of this outbreak, which has identified 228 cases in 13 states and implicated the source as alfalfa sprouts produced at multiple facilities using seeds that likely originated from a common grower. On April 26, the Food and Drug Administration (FDA) and CDC recommended that consumers not eat raw alfalfa sprouts, including sprout blends containing alfalfa sprouts, until further notice. On May 1, FDA alerted sprout growers and retailers that a seed supplier was withdrawing voluntarily from the market all lots of alfalfa seeds with a specific three-digit prefix.

For this investigation, a case was defined as illness in a person whose stool culture on or after February 1, 2009, yielded Salmonella Saintpaul with the outbreak strain pulsed-field gel electrophoresis (PFGE) patterns (XbaI JN6X01.0072, JN6X01.0252, JN6X01.0340, JN6X01.0709, JN6X01.0712, JN6X01.0718, or JN6X01.0719). During January 1, 2008 to January 31, 2009, only four cases of the outbreak strain of Salmonella Saintpaul were identified by PulseNet.

By March 19, a total of 186 cases had been identified in Illinois, Iowa, Kansas, Minnesota, Nebraska, and South Dakota. Of the 156 patients with completed interviews, 114 (73%) reported alfalfa sprout consumption.

In mid-April, 42 additional case-patients with onset of illness beginning after March 15 were identified from Florida, Iowa, North Carolina, Michigan, Minnesota, Nebraska, Ohio, Pennsylvania, Utah, and West Virginia. At least 20 of these case-patients reported recently eating sprouts. Alfalfa sprouts eaten by these case-patients were traced back to growing facilities in Michigan, Minnesota, and Pennsylvania that received seed lots identified with prefix 032 from Caudill Seed Company. Alfalfa sprout irrigation water collected on March 10 from a growing facility in Wisconsin grew Salmonella Saintpaul indistinguishable from the outbreak strain. These sprouts also were grown from a seed lot identified with prefix 032 received from Caudill Seed Company. No human illnesses have been linked to the Wisconsin facility. Preliminary findings indicate that the implicated seed lots were sold in many states and might account for a large proportion of the alfalfa seeds that were being used by sprout growers during this outbreak.

We presently have nearly a dozen clients from several states.  Four Lawsuits have been filed.

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As much as any other victim of the 2006 Dole Spinach Outbreak, Suzanne Bandy’s case is about the staggering contrast between past and present.  When asked for her thoughts, Suzanne wrote of her first 57 years: “very simply, my life embodied the American Dream.”  Suzanne’s former life is, however, gone for good.  Now, she states, “I pray to God every day that I may wake up from this horrible nightmare and return to the life that I loved.”

Sadly, Suzanne’s prayers will never be answered.   The E. coli O157:H7 infection, along with the resulting hemolytic uremic syndrome (HUS), that she suffered in September 2006 devastated her kidneys.  Consequently, her current renal function—measured roughly a year after her acute illness—is nearing a level where either a kidney transplant or lifelong dialysis will be necessary for survival.  It is forecast that Suzanne will reach end stage renal disease in as little as five years.

Mr. President, this could have happened to you too.  E. coli O157:H7, as you will see from this video, is a very nasty bug.

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Today we amended our complaint on behalf of “Daniel Krim, 49, [who] became ill after eating alfalfa sprouts on a turkey sandwich he purchased from a La Vista restaurant in late February. His flu-like symptoms worsened, forcing him to go to the emergency room at Midlands Hospital in Papillion. Days later, his doctor confirmed he had been infected with the Salmonella St. Paul strain, according to his lawsuit, filed last week in Sarpy County District Court.”

According to Leia Baez of the Omaha World-Herald, “Krim is suing CW Sprouts, Inc., whose SunSprouts products were linked to the outbreak in Nebraska, Iowa, Kansas, Colorado and South Dakota. He also is suing Caudill Seed and Warehouse Co. of Louisville, Ky., the company that manufactured and sold alfalfa sprout seeds to CW Sprouts."

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Consumers urged to dispose of product due to bacterial contamination

SACRAMENTO, Thursday, September 11, 2008 – Grade A raw cream produced by Organic Pastures of Fresno County –product with the code date SEP 12—is the subject of a statewide recall and quarantine order announced by California State Veterinarian Dr. Richard Breitmeyer. The quarantine order came following the detection of campylobacter bacteria in the cream. The detection was confirmed this morning.

Campylobacter is one of the most common causes of food-borne illness in the United States. At this point, no illnesses have been reported. People with symptoms who consumed this product should consult their physicians.

Under the recall, Organic Pastures Grade A raw cream labeled with a SEP 12 code date is to be pulled immediately from retail shelves and consumers are strongly urged to dispose of any product remaining in their refrigerators.  According to the Centers for Disease Control website:

“Most people who become ill with campylobacteriosis get diarrhea, cramping, abdominal pain and fever within two to five days after exposure to the organism. The diarrhea may be bloody and can be accompanied by nausea and vomiting. The illness typically lasts one week. Some infected persons do not have any symptoms. In persons with compromised immune systems, Campylobacter occasionally spreads to the bloodstream and causes a serious life-threatening infection.”

This is not the first time Organic Pastures has recalled Raw Cream, or other products for that matter.  See my prior post - "Where there is Smoke."

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Standing in the New Orleans Airport yesterday afternoon, I had a nice chat with Mark Morey of the Yakima Herald about the status of the ConAgra Salmonella Peanut Butter litigation (CDC confirms 714 Illnesses) as well as the filing of yet another suit against ConAgra for manufacturing Salmonella Pot Pies (CDC confirms 272 Illnesses – 27 in Washington State).  His article appeared this morning in the Yakima Herald - Woman sues over tainted pies:

Bill Marler, a Seattle attorney who focuses on food safety cases, said Barnes' case is among 40 that he is handling related to the ConAgra outbreak, which federal health investigators say sickened about 270 people in the United States…. ConAgra said it has improved safety measures, but Marler said Barnes and other victims deserve compensation for their medical treatment…. Marler said the company has not  offered a settlement yet, although he is discussing that possibility as part of other litigation involving tainted ConAgra peanut butter.

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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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This company should not be pointing fingers at anyone but itself.  After all, who is more to blame?  The person who sold the juice or the person who drank the juice?  I know where I stand.

Tim Warner, spokesman for Bolthouse Farms, the company whose carrot juice has been traced as the source of botulism and the resulting paralysis of four American citizens and two Canadians, blamed consumers for their "failure to properly refrigerate" Bolthouse Farms carrot juice today. 

On the Bolthouse Farms Web site, the company stated in a press release that, "the company felt it most appropriate to pull our 100 percent carrot juice products off the market in the interest of consumer safety. If you have the product in your possession, please destroy it or return it to the store at which you purchased it for a refund."

But in the Toronto Star, Bolton is quoted as saying:

"It appears that it was consumers that did not take the good counsel to keep the product refrigerated," Bolthouse spokesman Tim Warner said yesterday, pointing to three Georgia residents and a Florida woman who are paralyzed and on ventilators.

Warner wouldn't comment on the paralyzed man and woman in Toronto but said: "We have validated that our process of keeping our juice refrigerated through the distribution channel is a good one and of high quality."

Bolthouse Farms voluntarily recalled all Bolthouse Farms 100 percent Carrot Juice, Earthbound Farm Organic Carrot Juice and President's Choice Organics 100 percent Pure Carrot Juice shipped in North America and Hong Kong after botulism was confirmed to be found in the products.

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