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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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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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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