Another Salmonella-Tainted Pot Pie Lawsuit Filed

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.

Off to New Orleans - The "Big Easy"

I am sitting at home not wanting to head to the airport for a trip to New Orleans (it is Thanksgiving weekend anyway) to meet with lawyers and insurers from ConAgra (sounds fun?).  I must admit that I am skeptical of the meeting given that to date ConAgra has resolved no claims of any significance   However, there seems to be some recent interest in resolving the thousands of legitimate customer claims.  Given that ConAgra is facing legal defense bills of seven figures each month, has incurred some $50-60 million in recall cost - and who knows how much in lost sales - and now faces more of the same in Pot Pies, perhaps it will get serious and take care of its customers.

As you know, on June 1, 2007, the CDC reported that a total of 628 persons had been infected with Salmonella Tennessee in 47 states since August 1, 2006. That number has now risen in excess of 714.  However, remember that according to AC Voetsch, “FoodNet estimate of the burden of illness caused by nontyphoidal Salmonella infections in the United States,” Clinical Infectious Diseases 2004;38 (Suppl 3):S127-34, 714 ill people is an undercount by 38.6 times - That is an actual total of 27,560 people sickened by ConAgra's Peanut Butter.

In addition, the outbreak strain of Salmonella Tennessee has been isolated from several opened and unopened jars of ConAgra produced Peter Pan and Great Value peanut butter and from two environmental samples obtained from the Sylvester, Georgia ConAgra plant. Rumor also has it that State and Federal labs have tested in excess of 100 jars of peanut butter from Salmonella Tennessee infected persons (stool culture positive) and that dozens of jars have tested positive for Salmonella Tennessee. We have tested nearly 1000 jars of peanut butter from clients (Salmonella Tennessee stool culture positive and not), and to date six have tested positive.  Several of our positive peanut butter tests, and culture positive clients, have the lid codes with 21116251 on the top (means it was produced by the Sylvester ConAgra plant on September 22, 2006).  We believe that the CDC has similar information, but it has not fully responded to our FOIA to date.  States' responses have also been slow, but are coming in.

So, wish me luck (or a bit of magic) on the flight.  More importantly, however, wish ConAgra the wisdom to understand that its future success is tied to taking care of its poisoned customers and in making a serious commitment to food safety.  ConAgra needs to remember that it is no "Big" deal, in fact it is "Easy," to do the right thing.  If taking care of customers is too hard, ConAgra also needs to remember the FDA inspection of 2005:
"....  alleging poor sanitation, poor facilities maintenance, and poor quality program management.  Specifics in that complaint include an alleged episode of positive findings of Salmonella in peanut butter in October of 2004 that was related to new equipment and that the firm didn’t react to, insects in some equipment, water leaking onto product, & inability to track some product....  reporting several issues at the firm that in summary allege poor sanitation practices, poor quality program management and poor facilities maintenance."

When is a Pot Pie and Peanut Butter like a Resse's Peanut Butter Cup?


When they are mixed together at ConAgra?* (hopefully, people recall the TV ads of a few years ago - "you have chocolate in my peanut butter.")



UPDATE
- Between January 1, 2007 and October 29, 2007, at least 272 isolates of Salmonella I 4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 35 states.  Illnesses began January 2007 and have continued through at least October 2007.


Investigation of Outbreak of Human Infections Caused by Salmonella I 4,[5],12:i:-

Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), Arkansas (4), California (16), Colorado (7), Connecticut (6), Delaware (5), Florida (2), Georgia (2), Idaho (8), Illinois (6), Indiana (3), Kansas (3), Kentucky (8), Massachusetts (6), Maryland (7), Maine (1), Michigan (3), Minnesota (7), Missouri (16), Montana (4), Nevada (6), New York (10), Ohio (10), Oklahoma (1), Oregon (3), Pennsylvania (17), Tennessee (6), Texas (4), Utah (12), Virginia (9), Vermont (2), Washington (17), Wisconsin (23), Wyoming (3). Their ages range from <1 to 87 years with a median age of 20 years; 51% of ill persons are female. At least 50 people have been hospitalized. No deaths have been reported.  State health departments are collecting and testing pot pie products recovered from patients’ homes. To date, one pot pie yielded Salmonella I 4,[5],12:i:- isolates with a genetic fingerprint indistinguishable from the outbreak pattern.



So far, the CDC has reported that the other ConAgra Salmonella outbreak has held fast at 628 cases in 47 States.

Multistate Outbreak of Salmonella Serotype Tennessee Infections Associated with Peanut Butter --- United States, 2006--2007

In November 2006, public health officials at CDC and state health departments detected a substantial increase in the reported incidence of isolates of Salmonella serotype Tennessee. In a multistate case-control study conducted during February 5--13, 2007, illness was strongly associated with consumption of either of two brands (Peter Pan or Great Value) of peanut butter produced at the same plant. Based on these findings, the plant ceased production and recalled both products on February 14, 2007. The outbreak strain of Salmonella Tennessee subsequently was isolated from several opened and unopened jars of Peter Pan and Great Value peanut butter and from two environmental samples obtained from the plant. As of May 22, 2007, a total of 628 persons infected with an outbreak strain of Salmonella serotype Tennessee had been reported from 47 states since August 1, 2006. on February 13, 2007.  Subsequent laboratory testing of leftover peanut butter from patients was performed at state public health laboratories and CDC. Salmonella Tennessee with a PFGE pattern matching one of the outbreak strains was isolated from 21 opened and unopened peanut butter jars with production dates ranging from July 2006 to December 2006.


I am not an owner or stockholder of ConAgra (yet, anyways).  However, if I was, here are a few questions I would ask:

1.  What the hell is going on with food safety and quality assurance?

2.  Why to date have no Salmonella culture positive cases from either outbreak been settled despite spending millions of dollars on legal defense fees?

One other thing, it is clear that the numbers the CDC cites as cases related to Pot Pies (238) and to Peanut Butter (628) are gross undercounts.  According to AC Voetsch, “FoodNet estimate of the burden of illness caused by nontyphoidal Salmonella infections in the United States,”Clinical Infectious Diseases 2004;38 (Suppl 3):S127-34.  The real numbers are some 38.6 times higher, or 9,187 ill in Pot Pies and 24,241 ill in Peanut Butter.

*  I am not implying that Reese's Peanut Butter has anything to do with ConAgra's mess.