Alfalfa sprouts sicken 13 in Washington and Oregon - Again

Washington State health officials believe alfalfa sprouts are connected to an outbreak of Salmonella that’s sickened nine people in Washington and four in Oregon. The outbreak has been tied to alfalfa sprouts from Sprouters Northwest, Inc. in Kent. The company has agreed to voluntarily recall the product and has stopped distributing it. The sprouts are sold in a variety of package sizes labeled “Alfalfa Sprouts,” or as mixed varieties that contain alfalfa sprouts as an ingredient. People should not eat any products from Sprouters Northwest that contain alfalfa sprouts. Discard them immediately or return them to the store.

The first cases of Salmonella Typhimurium were reported in early August. People have been sickened in Clark, Island, King, Pierce, Snohomish, Thurston, and Whatcom counties. At least two have required hospitalization.

Sound Familiar? It was reported on June 4, 2004 that Sprouters Northwest Inc. was recalling 2-, 3- and 5-lb. institutional trays of sprouts sent to various food institutions because they may be linked to a recent increase in salmonellosis in Oregon and Washington, the FDA said in a statement. Twelve cases of Salmonella Bovismorbificans, possibly linked to the consumption of raw alfalfa sprouts, have been reported, the FDA said.

We represented victims of two Salmonella outbreaks linked to sprouts produced by Harmony Farms, an Auburn, Washington firm, and Hydro-Harvest and Pacific Coast Sprout Farms of Oregon.

The FDA has long warned about the dangers of sprouts - see links to FDA concerns.

Agricola Zaragoza, Inc. of Texas Recalls Jalapeno Peppers - We are watching you.

The FDA has announced that Agricola Zaragoza, Inc. of McAllen, Texas is recalling Jalapeno Peppers distributed since June 30th, 2008 (see CDC Report below) because they have the potential to be contaminated with Salmonella, an organism that can cause serious and sometimes-fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

The Jalapeno Peppers being recalled were shipped in 35lb. plastic crates and in 50lb. bags with no brand name or label. The recall is a result of sampling by FDA, which revealed that these Jalapeno Peppers were contaminated with the same strain of Salmonella Saintpaul responsible for the current Salmonella outbreak. It is unknown at this time, which, if any, of the more than 1,200 illnesses reported to date is related to this particular product or to the grower who supplied this product. Distribution of these products has been suspended while FDA, the Texas Department of State Health Services and the company continue their investigation as to the source of the problem.

So, they are only recalling Jalapeno Peppers "since June 30th"? 

Why, if the CDC says the Salmonella Saintpaul outbreak, which now numbers 1251 ill, whose illnesses began between April 10 and July 4, 2008, including 19 who became ill on July 1 or later, is the recall only start June 30th?  So, that means that something started sickening people BEFORE June 30th?  What?  Tomatoes still not off the hook?

To make matters even more confusing, the FDA announced that Grande Produce, LTD. is recalling Jalapeno Peppers, Serrano Peppers, and Avocados do to a possible health risk.

NOTE: "According to the Texas and North Carolina Departments of Health, the strain of Salmonella found in this company's jalapeño and serrano peppers and in its avocado is not Salmonella Saintpaul, and is not believed to be related to the current Salmonella outbreak.

Grande Produce, LTD. CO of Hidalgo, Texas (hereinafter referred to as Grande Produce) is recalling Jalepeno Peppers and Serrano Peppers distributed between May 17th and July 17th, 2008; and Avocados, all sizes, with lot #HUE08160090889 because they have the potential to be contaminated with Salmonella. The Jalapeno Peppers, Serrano Peppers and Avocados were distributed to the following states: TX, DE, NC, GA, OK, IA, MN, IL, FL, IN, MD, NY, MS, AR, KS, and KY. The avocados being recalled were shipped in boxes labeled "Frutas Finas de Tancitaro HASS Avocados, Produce of Mexico," all sizes, with lot number HUE08160090889. The Jalapeno Peppers and Serrano peppers being recalled were shipped in 35lb. plastic crates with no brand name or label.

Poultry Workers and Pig Farmers May Spread Bacteria Too

Well, the stocking are hung and the presents are all wrapped, and I am surfing the net to see what there is to blog about (my version of the “Night Before Christmas”) when I found this quote:
“Nine billion food animals are produced and slaughtered in the United States annually, and all of those animals are defecating and shedding bacteria, including drug-resistant bacteria…. We are running out of antibiotics to treat human infections.” Lance Price
Antibiotic-resistant bugs have been in the news recently. Some, like Salmonella Newport, have caused illness in consumers of Safeway ground beef.  Newsday recently reported - "Poultry Workers may spread E. coli" – No, not E. coli O157:H7, but gentamicin-resistant E. coli.

Public health investigators at Johns Hopkins University estimate that workers in poultry factories in the United States are 32 times more likely to be colonized with E. coli that repels the antibiotic gentamicin than other people. The drug is used to treat both poultry and humans.

Recently, in a new study, “MRSA prevalent in Canadian pig farms and pig farmers,” published in Veterinary Microbiology found methicillin-resistant Staphylococcus aureus (MRSA) prevalent in Canadian pig farms and pig farmers, pointing to animal agriculture as a source of the deadly bacteria.

The US Government seems concerned enough to at least study the problem of antibiotic resistant bugs in our food supply.  It created the National Antimicrobial Resistance Monitoring System (NARMS) in 1996 as a collaborative effort between the United States Department of AgricultureFood and Drug Administration's Center for Veterinary Medicine and the Centers for Disease Control and Prevention.

The NARMS program monitors changes in antimicrobial drug susceptibilities of selected enteric bacterial organisms in humans, animals, and retail meats to a panel of antimicrobial drugs important in human and animal medicine.  Animal and human isolates currently monitored in NARMS include Salmonella, Campylobacter, E. coli, Listeria and Shigella.  Some selected articles on antibiotic resistance:

Antibiotic Resistance in Listeria, Antibiotic Resistance in Shigella, Antibiotic Resistance in Escherichia coli, Antibiotic Resistance in Campylobacter, Antibiotic resistance in Salmonella

Well, looks like it will be a far too busy and profitable New Year.

Three people from Nevada contract Salmonella Newport from eating ground beef

Some people gamble in Reno, others eat hamburger.  Perhaps the odds of winning or loosing are about the same.  Steve Timko from the Reno Gazatte-Journal reported on the continuing problem of Salmonella-tainted burger (remember, Salmonella in hamburger is not considered an adulterant).  According to the Gazatte-Journal, three people in Nevada might have contracted a drug-resistant strain of Salmonella by eating ground beef from Safeway, health officials reported.  The three are among 38 nationwide who the U.S. Department of Agriculture said contracted a strain of salmonella called Newport in Nevada, California, Arizona and Idaho between Sept. 19 and Nov. 5. In Nevada, one person with Salmonella Newport lived in Washoe County, one in Douglas and a third in Clark County, said Dr. Ihsan Azzam, the Nevada state epidemiologist.
"Our findings do not show 100 percent positively that it is Safeway ground beef," Azzam said. "Our findings are suggesting a product from Safeway is a cause."  Azzam said one is a senior citizen, one an infant and the third a young person.
Safeway issued one of the most disingenuous statements Thursday noting the USDA did not issue a recall (But Safeway urges you to throw it away), and there's no test that shows the ground beef was contaminated (Although their customers became ill).  Again, why do they think the public is so stupid?

Now talk about gambling odds, according to the USDA’s Economic Research Service, in 2004, the average American consumed 60.1 pounds of cattle meat, of which about 59% was hamburger.  Also, in 2004 there were about 275,000,000 Americans.  In the last statistic I could find, a 1987 study tested for the presence of E. coli O157:H7 in supermarket meats (mostly ground meats).  The bacteria was found in 3.7 percent of beef, 1.5 percent of pork, 1.5 percent of chicken and turkey, and 2.0 percent of lamb samples tested.  While 6.4 percent of ground-beef samples tested by the USDA harbored Salmonella in 1998, only 2.8 percent did in 2001.  So, what are your odds of eating contaminated hamburger?  Well, I’ll let you do the math and place your bets.

Here is a quote of mine form CFO Magazine A Better Burger Industry - Scared Straight. This interview was in May of this year before we really began to see the “uptick” in hamburger recalls and illnesses:
"Seattle attorney William Marler earns his living suing food producers and restaurants suspected of selling contaminated food. In 1995, he won a $15.6 million settlement on behalf of Brianne Kiner, who suffered severe E. coli–related health problems after eating an undercooked hamburger from a Jack in the Box restaurant. Lately, though, he's not earning much money on the back of the burger trade, and for that he credits the meat-packing industry for embracing end-product testing of its products for pathogens, partly in response to customer demand."


"From 1993 to 2002, 95 percent of my revenues came from cases involving E. coli tied to hamburger," Marler says. "That has dried up to nearly zero since 2003. Once producers started testing and getting a lot of positives, they began looking at their procedures and processes to figure out how to eliminate the contamination. The fact that they were able to eliminate it to such a degree has put me out of the hamburger business, and I'm happy about that, candidly. I never thought I would say this, but I think the food industry across the board needs to take a really hard look at what the hamburger industry has done."
Well, I clearly was wrong.

Salmonella fear prompts recall of basil shipped to California, Texas and Illinois

AP reported that 5,500 pounds of "Green Paradise" brand basil has been recalled. The basil was shipped in sets of 12 one-pound boxes marked with lot No. 1219. The basil grown in Mexico and sold in the United States has been recalled because of fears it may be infected with Salmonella. The basil was imported from a farm in Mexico's southern Baja California region on December 5th and sold to food distributors in California, Texas and Illinois the following day by Top Line Specialty Produce in California. Top Line sold the basil to restaurants and other food service customers, but it was unknown whether the other distributors sold to food service customers or retailers.

It is clear that this in not the first time Basil has been linked to recalls and illnesses.  AP reported in May 2004 that Federal regulators are alerting consumers that raw basil and spring mix salad may be linked to food-poisoning outbreaks that reportedly sickened more than 90 people in Illinois and Texas.  In August 2005, the FDA Notified Processors of Recall of Fancy Whole Basil Due to Possible Health Risk. The FDA advised processors and repackers that Majestic International Spice Corporation of Montebello, CA, recalled its dried “Extra Fancy Basil” spice in 12.5 kilogram bags because FDA found the product contaminated with Salmonella Blockley.  Contaminated fresh basil was suspected as the most likely cause of an outbreak of the parasitic illness cyclospora that has sickened 300 Floridians in October 2005.  And in May 2007, the British Food Standards Agency advised people who bought certain batches of fresh packets of basil from ASDA, Sainsbury’s and Somerfield stores not to eat them.

All that being said, the BBC reported in June 2003 that a Basil Herb wrap wards off food poisoning.
The herb basil is the crucial ingredient in a super wrap being developed to protect food more effectively from contamination by dangerous bugs. Scientists are using anti-microbial extracts from the herb to create a plastic wrapper for meat and cheese. The chemicals slowly ooze out from the wrapper - and extend the product's shelf-life by killing off bacteria such as E. coli and listeria which can cause severe food poisoning.
Goes to show that you can find anything on the internet – thanks, Al Gore.  Interestingly, South Dakota has seen an increase in salmonella cases according to a warning from the State Health Department following a spike in salmonella cases this year.

Another ConAgra Pot Pie Lawsuit - Wisconsin

Dinesh Ramde of Minneapolis Associated Press reported in "Man sues ConAgra over pot pie tainted with salmonella," on our client Eric J. Mand of Malone of Fond du Lac County who bought a ConAgra Banquet pot pie in mid-September. A few days after eating one, he became so sick with severe gastrointestinal symptoms that he required hospital care on two separate days. Today we filed in U.S. District Court for the Eastern District of Wisconsin a lawsuit on his behalf. I am on my way to Salt Lake City to mediate Dole Spinach E. coli cases, so one of my crack associates stepped into the media void:
"Foodborne illness is sometimes passed off as a mild stomachache but I assure you, if you talk to a victim like Eric, this is certainly not something you would ever want to go through," said Drew Falkenstein of the law firm Marler Clark. "This is not a flu virus."
Mr. Ramde also reported that my firm, “Marler Clark, based in Seattle, has filed six other lawsuits against ConAgra in connection with the pot pie recall. The others were filed on behalf of residents of Michigan, Minnesota and Nebraska, as well as three in Washington.”  We have been retained by 20 others.  According to the CDC, 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. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), Arkansas (4), California (18), Colorado (9), Connecticut (7), Delaware (5), Florida (2), Georgia (2), Idaho (11), Illinois (7), Indiana (3), Iowa (1), Kansas (4), Kentucky (9), Massachusetts (7), Maryland (7), Maine (2), Michigan (3), Minnesota (7), Missouri (18), Montana (6), Nevada (6), New York (10), North Carolina (2), Ohio (11), Oklahoma (1), Oregon (4), Pennsylvania (18), Tennessee (6), Texas (4), Utah (12), Virginia (9), Vermont (2), Washington (27), Wisconsin (24), Wyoming (3).

Pot Pie Patrol

To date, we have filed six lawsuits against ConAgra stemming from this Salmonella outbreak.  We presently represent nearly two dozen people throughout the United States.  Today we are in the ConAgra Pot Pie Manufacturing Facility in Marshall, Missouri inspecting the plant. As my readers might recall, the CDC has published its preliminary findings on the scope of the outbreak involving ConAgra’s Banquet Pot Pies and other private label brands such as Wal-Mart’s Great Value.  The USDA's Inspection Report has yet to be released to the public.

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

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. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1 person), Arkansas (4), California (18), Colorado (9), Connecticut (7), Delaware (5), Florida (2), Georgia (2), Idaho (11), Illinois (7), Indiana (3), Iowa (1), Kansas (4), Kentucky (9), Massachusetts (7), Maryland (7), Maine (2), Michigan (3), Minnesota (7), Missouri (18), Montana (6), Nevada (6), New York (10), North Carolina (2), Ohio (11), Oklahoma (1), Oregon (4), Pennsylvania (18), Tennessee (6), Texas (4), Utah (12), Virginia (9), Vermont (2), Washington (27), Wisconsin (24), Wyoming (3).

Interestingly, I got this email a few moments ago:
You may already be aware of this but just in case you aren’t I’ll pass this along. I received information yesterday that there has been another illness reported that is associated with product from the ConAgra plant in Marshall, MO. This is a lab-confirmed report of Salmonella is associated with consumption of a Banquet Turkey Meal. There was a previous similar complaint reported in October that was not lab-confirmed. Both previous and present complaints apparently involve the Banquet Turkey Meal with a sell by/use by date of January 2009. The product is a 9.25 oz “Turkey Meal”. I have not seen a label from this product but I am told it says turkey meal, mostly white meat with gravy, dressing, mashed potatoes and peas. The complainant is apparently located in North Carolina and purchased the product at a local supermarket.
More problems?

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.

Rochester Minnesota Quiznos Salmonella Outbreak Tied to Tomatoes

On the same day it was announce that I settled the last of the Salmonella suits against Sheetz, the Post-Bulletin of Rochester reported that “Quizno's outbreak came from outside source.” The common denominator was Tomatoes.
A foodborne illness outbreak at Quizno's Subs, 3499 22nd Ave. N.W. in Rochester, wasn't the restaurant's fault. Larry Edmonson, an epidemiologist with Olmsted County Public Health, said studies showed that tomatoes delivered to the store were contaminated before they even got to the restaurant. Salmonella made more than 20 Quizno's customers and employees sick in October. The store closed for one day, hired a cleaning company to sterilze equipment and reopened.
In 1990, a reported 174 Salmonella javiana illnesses, as part of a four state outbreak, were linked to raw tomatoes. In 1993, 84 reported cases of Salmonella Montevideo were part of a three state outbreak that was linked to raw tomatoes. In January 1999, Salmonella Baildon was recovered from 86 infected persons in eight states. In July 2002, an outbreak of Salmonella javiana occurred associated with attendance at the 2002 U.S. Transplant Games held in Orlando, Florida during late June of that year. Ultimately, the outbreak investigation identified 141 ill persons in 32 states who attended the games.

During August and September 2002, a Salmonella Newport outbreak affected the East Coast. Ultimately, over 404 confirmed cases were identified, in over 22 states. Epidemiological analysis indicated that tomatoes were the most likely vehicle, and were traced back to the same tomato packing facility in the mid-Atlantic region.

In early July 2004, as many as 564 confirmed cases of salmonellosis associated with consumption of contaminated tomatoes purchased at Sheetz Convenience Store were reported in five states, Pennsylvania, Maryland, Ohio, West Virginia, and Virginia. Seventy percent were associated with tomatoes in food prepared at Sheetz convenience stores.

In 2006 two outbreaks of Salmonella-tainted tomatoes where reported by the FDA. According to Ms. Murphy, the Food & Drug Administration is now investigating two tomato-related outbreaks, with the latest blamed for nearly 100 illnesses in 19 states. FDA was already tracing tomatoes involved in another outbreak involving 183 people in 21 states. Federal authorities said that fresh tomatoes contaminated with Salmonella typhimurium served in restaurants were the likely cause of that outbreak.

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."

Egg Safety - Pasteurization

The FDA Today Reminds Consumers to Practice Egg Safety This Holiday Season

The U.S. Food and Drug Administration (FDA) reminds consumers to pay special attention to the handling of eggs and preparation of foods that contain eggs during this holiday season. Some holiday favorites, such as cookie dough, homemade eggnog, and some types of stuffing, may contain eggs that are raw or undercooked. Eggs sometimes contain a bacteria called Salmonella enteriditis (SE), which can cause illness if eggs are not handled and cooked properly. An FDA national survey of consumer food safety practices, the 2006 FDA/FSIS Food Safety Survey, found that cookie dough is one of the major sources of raw egg in the American diet, and that only three percent of respondents always use a food thermometer when they cook baked egg dishes such as stuffing.

However, just a few weeks ago it was announced that National Pasteurized Eggs' Sales are Up 46 Percent Over Last Year & Numbers Expected to Soar as Holiday Season Approaches.

National Pasteurized Eggs, Inc. (NPE), producers of Davidson's Safest Choice Pasteurized Shell Eggs, announced today that sales in the quarter ending Sept. 30, 2007, increased 46 percent over 2006, led by sales from hotels and resorts across the country.  By using pasteurized shell eggs, hoteliers eliminate the risk of Salmonella Enteritidis (SE) poisoning, either by serving individual eggs directly to guests or via cross contamination in the kitchen.  The Federal Drug Administration (FDA) estimates 2.3 million eggs contaminated with SE are sold each year, exposing a large number of people to risk of illness. According to the Centers for Disease Control and Prevention (CDC), each year more than 118,000 egg-related salmonella cases are confirmed, and many more go underreported or misdiagnosed. The FDA's Food Code recommends using pasteurized eggs in all dishes calling for raw or softly cooked eggs.

So, why are more eggs not pasteurized?

USDA Finds Flaws in ConAgra Banquet Pot Pie Safety Plan


Josh Funk once again reports on how our government, despite finding errors at industrial food facilities, does not feel the necessity to inform the public of its findings. This despite pot pies having been linked to at least 272 cases of salmonella (65 hospitalized) in 35 states. Mr. Funk’s story follows:
USDA inspectors found flaws in the safety plan ConAgra Foods Inc. used at the Missouri plant where it makes the Banquet and private label pot pies that were linked to a salmonella outbreak… A spokeswoman for the Department of Agriculture's Food Safety and Inspection Service said Thursday that ConAgra took action to correct the problems inspectors found after the Oct. 11 recall, so the government did not have a problem with the company's plan to resume production… USDA spokeswoman Amanda Eamich said details of the inspectors' findings at the plant would be released only through a formal Freedom Of Information Act request.

Eamich would say only that there was a record-keeping problem and an issue with ConAgra's Hazard Analysis Critical Control Point plan that spells out what the company does to ensure its products are safe.

ConAgra Foods resumes making Banquet pot pies - spends $30 million on recall


CNN Money reported this afternoon that food maker giant, ConAgra Foods (NYSE:CAG) Inc., said that it has resumed producing Banquet and private label pot pies a month after they were recalled after being linked to salmonella illnesses. The pot pies made by ConAgra have been linked to at least 272 cases of salmonella in 35 states. The federal Centers for Disease Control and Prevention said at least 65 people were hospitalized as part of the outbreak.

Conagra said shipments to retail customers are expected to begin in December and consumers can expect to see the pies in retail stores by January (I can not wait). The company belatedly recalled all pies produced at its Marshall, Missouri plant (which we have a Court Order to enter) October 11 after the products were linked to cases of salmonella. ConAgra faces several lawsuits (actually, five) related to the recall, which was the second ConAgra recall this year due to salmonella (remember Peter Pan). ConAgra said it expects the pot pie recall to cost about $30 million, or 4 cents per share.

Hmmm, I bet ConAgra wishes it would have spent that money on upgrades of the plants instead of potential settlements on behalf of injured people.  I also spoke with Joe Ruff of the Omaha World Herald about ConAgra resuming production and the lawsuit we filed against it in its home state:

ConAgra's menu again has pot pies



Full Article Below:
ConAgra Foods Inc. said Wednesday that it had enhanced its food safety procedures and resumed making frozen Banquet and private-label pot pies, which the company recalled last month after they were linked to salmonella illnesses.

The company said it would ship the pot pies to stores beginning in December, and they should be back on store shelves as soon as January.

"We apologize to any consumer who became ill from eating any of our pot pies," Chief Executive Gary Rodkin said in a statement. "I would like to assure our consumers, customers and investors that the food safety conditions and operating processes throughout our manufacturing network are strong."

Product testing indicates the salmonella contamination was isolated to Banquet turkey pot pies produced on July 13 and July 31, ConAgra officials said. No salmonella contamination was found in the Marshall, Mo., plant were the pot pies were made, the company said.

ConAgra recalled all turkey, chicken and beef pot pies on Oct. 11. The company had issued an advisory Oct. 9 warning people against eating turkey and chicken pot pies while the investigation continued.

Bill Marler, a Seattle attorney who specializes in cases of foodborne illnesses, said he did not take issue with ConAgra resuming production.

It might be too early to determine exactly which production dates were involved in any contamination, however, Marler said.

"As more health departments come in, we might get a better sense of the breadth of period of time contamination was in the plant," Marler said.

Marler's firm has filed several lawsuits against ConAgra on behalf of people who said they became ill after eating Banquet or private-label pot pies made by the company.

One lawsuit was filed in Nebraska on behalf of Amy Eberle of Minden, who said her son became ill after eating a Great Value-brand chicken pot pie that she purchased from a store in Kearney.

The national Centers for Disease Control and Prevention has said a specific strain of salmonella had sickened more than 270 people in 35 states, and interviews with people who had become ill pointed to Banquet pot pies as the likely source.

At least three Banquet pot pies taken from the homes of people had tested positive for the salmonella bacteria found in the outbreak, the federal agency said.

ConAgra said it has developed new and more stringent testing for ingredients coming into all its ready-to-cook manufacturing plants, as well as more testing of finished products. It worked with the U.S. Department of Agriculture at the Marshall plant on the new procedures before resuming production , the company said.

Cooking instructions on pot pies also have been revamped to eliminate potential confusion regarding cooking times, ConAgra officials said.

Before the recall, people may have undercooked the pot pies, particularly in microwave ovens that have varying power levels, company officials had said.

The recall could cost ConAgra about $30 million, or 4 cents per share, most of which will be recorded in the fiscal second quarter, the company said.

Stronger-than-expected earnings from trading and merchandising will help offset the recall costs for the full year, ConAgra said. Full-year guidance will be provided when the second-quarter report is issued Dec. 20, the company said.

More ConAgra Banquet Pot Pies Positive for Salmonella I 4,[5],12:i:-


Leaving ConAgra no room to deny the obvious, according to the CDC, 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. To date, three of these patients’ pot pies have yielded Salmonella I4,[5],12:i:- isolates with a genetic fingerprint indistinguishable from the outbreak pattern. I guess that is more than a “smoking gun,” but a smoking pot pie.

Most people infected with Salmonella develop diarrhea, fever, and abdominal cramps 12–72 hours after infection. Infection is usually diagnosed by culture of a stool sample. The illness usually lasts 4 – 7 days. Although most people recover without treatment, severe infections may occur. Infants, elderly persons, and people with impaired immune systems are more likely than others to develop severe illness. In severe infection, Salmonella spreads from the intestines to the bloodstream and then to other body sites, and death can occur if the person is not treated promptly with antibiotics.

To date we have been contacted by over 100 people who believe they have become ill as a result of eating ConAgra Banquet Pot Pies.  Of those thus far we have been able to confirm nearly 20 as suffering from a Salmonella I 4,[5],12:i:- infection.  Three lawsuits have been filed to date.

ConAgra linked to 152 Salmonella I,4,[5],12:i:- illnesses in 31 states and still it refuses to recall its Salmonella Pot Pies

CDC confirms Salmonella Pot Pie outbreak has been ongoing since January 2007 - a month before the Salmonella outbreak tied to ConAgra peanut butter was announced in February 2007.



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


CDC is collaborating with public health officials in multiple states across the United States and with the U.S. Department of Agriculture Food Safety Inspection Service to investigate an ongoing multi-state outbreak of Salmonella I,4,[5],12:i:- (pronounced “four five twelve eye minus”) infections in humans. An investigation that used interviews comparing foods eaten by ill and well persons is showing that eating Banquet brand pot pies produced by the ConAgra Foods company is the likely source of the illness.

Between January 1, 2007 and October 9, 2007, at least 152 isolates of Salmonella I,4,[5],12:i:- with an indistinguishable genetic fingerprint have been collected from ill persons in 31 states. Ill persons whose Salmonella strain has this genetic fingerprint have been reported from Arizona (1), California (6), Connecticut (3), Delaware (5), Georgia (2), Idaho (6), Illinois (3), Indiana (3), Kansas (2), Kentucky (8), Massachusetts (5), Maryland (5), Maine (1), Michigan (3), Minnesota (6), Missouri (11), Montana (4), Nevada (6), New York (6), Ohio (8), Oklahoma (1), Oregon (2), Pennsylvania (13), Tennessee (5), Texas (4), Utah (2), Virginia (6), Vermont (2), Washington (2), Wisconsin (19), Wyoming (2). Their ages range from <1 to 87 years with a median age of 20 years; 49% of ill persons are female. At least 20 people have been hospitalized. No deaths have been reported.

So, why recall peanut butter, but not pot pies?

Is there a connection between Con Agra, Chicken Pot Pies and Salmonella typhimurium?



Salmonella typhimurium is a leading cause of human gastroenteritis. The genus Salmonella contains over 2,000 sero-species and is one of the most important pathogens in the family Enterobacteriaceae. Salmonella enterica serovar Typhimurium is the among the most common Salmonella serovars causing Salmonellosis infections in the US. In humans, Salmonellosis causes diarrhea, fever, and abdominal cramps 12 to 72 hours after infection and may last for up to 7 days. Some cases result in hospitalization. Salmonella is readily transmitted through the feces of people or animals. The incidence of non-typhoid salmonellosis (which is caused by Salmonella enterica typhi) is increasing worldwide, causing millions of infections and many deaths in the human population each year.



Fox 12 of Idaho reported today:

Salmonella Scare Prompts Health Warning
Boise, Idaho -- A salmonella scare has local health officials concerned.  A number of Salmonella infections have been reported across southern Idaho since mid September.  Experts at the Idaho Health and Welfare Department believe they could be linked to undercooked chicken pot pies.  Residents are being warned to follow cooking instructions carefully -- since some frozen convenience foods are not pre-cooked.
We understand that there may be in excess of 200 culture-positive Salmonella typhimurium ill persons nationwide tied to the consumption of chicken pot pies and turkey pot pies.  As I told Law and More blogger Jane Genova this evening, we have seen a disturbing trend of contacts with our office where Salmonella and Con Agra Banquet chicken and turkey pot pies seem linked.  It will be interesting to see what health officials do in the morning - "voluntary recall" perhaps?  No recall at all?  By the way, are pot pies USDA or FDA responsibility?

Send Marler to outer space

OK, that may be on the minds of food manufacturers who poison customers and the insurance corporations who pay claims, but this Associated Press article demands closer reading:

Scientists discover germs get stronger when they go into space


It sounds like the plot for a scary B-movie: Germs go into space on a rocket and come back stronger and deadlier than ever.

Except, it really happened.

The germ: Salmonella, best known as a culprit of food poisoning.

The trip: Space Shuttle STS-115, September 2006.

The reason: Scientists wanted to see how space travel affects germs, so they took some along — carefully wrapped — for the ride.
The result: Mice fed the space germs were three times more likely to get sick and died quicker than others fed identical germs that had remained behind on Earth.


I'm still in Houston (and, this is my 900th blog post) - not far from the Johnson Space Center.  The problem with hitchhiking, nasty Salmonella, reminds me of that famous quote from the Apollo 13 flight:

"Okay, Houston, we've had a problem here." ??

"Wherever humans go, microbes go, you can't sterilize humans. Wherever we go, under the oceans or orbiting the earth, the microbes go with us, and it's important that we understand ... how they're going to change," explained Cheryl Nickerson, an associate professor at the Center for Infectious Diseases and Vaccinology at Arizona State University. Nickerson added that learning more about changes in germs has the potential to lead to novel new countermeasures for infectious disease. She reports the results of the salmonella study in today's edition of Proceedings of the National Academy of Sciences.

The researchers placed identical strains of salmonella in containers and sent one into space aboard the shuttle, while the second was kept on Earth, under similar temperature conditions to the one in space.

After the shuttle returned, mice were given varying oral doses of the salmonella and then were watched.

After 25 days, 40 percent of the mice given the Earth-bound salmonella were still alive, compared with just 10 percent of those dosed with the germs from space. And the researchers found it took about one-third as much of the space germs to kill half the mice, compared with the germs that had been on Earth.

The researchers found 167 genes had changed in the salmonella that went to space.

Why?

"That's the 64 million dollar question," Nickerson said. "We do not know with 100 percent certainty what the mechanism is of space flight that's inducing these changes."

However, they think it's a force called fluid shear.

Update on Salmonella Outbreak and Peter Pan Peanut Butter

RECENT UPDATE FROM FDA:

As of February 16, the FDA advised consumers not to eat any Peter Pan peanut butter purchased since May 2006 and not to eat Great Value peanut butter with a product code beginning with "2111" purchased since May 2006 because of risk of contamination with Salmonella Tennessee. Salmonella is a bacterium that causes foodborne illness, and “Tennessee” is a type of Salmonella. All Peter Pan peanut butter purchased since May 2006 is affected; only those jars of Great Value peanut butter purchased since May 2006 with a product code beginning with "2111” are affected. Although Great Value peanut butter with the specified product code has not been linked by CDC to the cases of Salmonella Tennessee infection, the product is manufactured in the same plant as Peter Pan peanut butter and, thus, is believed to be at similar risk of contamination. Great Value peanut butter made by manufacturers other than ConAgra is not affected.

Number of Cases and State Locations:


The Centers for Disease Control and Prevention (CDC) has identified 290 people from 39 states who have gotten sick from Salmonella Tennessee, the Salmonella type associated with this outbreak. Forty six (46) patients are known to have been hospitalized and there have been no reported deaths.

The 39 states with reported illness are: Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Mississippi, Montana, Nebraska, New Jersey, North Carolina, New Mexico, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Vermont, Washington, Wisconsin and West Virginia.

Salmonella Oranienburg probe at a standstill--asking for help.



According to the Daily Dispatch:

To date, the state health department is reporting 48 confirmed cases of Salmonella Oranienburg in the Sierra Vista (Arizona) area since Sept. 1. In addition, health officials have confirmed three new cases of salmonella, but the exact type has not been determined. If any of those three are Oranienburg, they will be added to the existing count.


I found several other Salmonella Oranienburg outbreaks cited over the last several years:
Marler Clark has brought Salmonella claims against:

Black Forrest Bakery
Brook-Lea Country Club
C.L. Swanson
Cafe Santa Fe
Chili's
Corky & Lenny's
Golden Corral
Harmony Farms
KFC
Linh's Bakery
Malt-O-Meal
Old South Restaurant
Orchid Island
Paramount Farms
Quality Inn
San Antonio Taco
Seasons at the Pond
Sheetz
Sun Orchard
Sunset House
Sushi King
Susie Cantaloupe
Viva Cantaloupe
Wal-Mart
Western Sizzlin'
Wyndham Anatole Hotel


For more information on Salmonella, see www.about-salmonella.com and for recent news and informations, see www.salmonellablog.com.  For ongoing litigation, see www.salmonellalitigation.com.

Interestingly, there is another Salmonella outbreak - this one in Kane County Illinois as reported by Tim Wagner:  Kane outbreak of salmonella still puzzling health experts
In Kane County Illinois alone, 15 laboratory-confirmed salmonella cases with the same strain of bacteria were reported to the health department last year, compared to four on average. Health department officials are working to create awareness of this specific form of salmonella. They also are attempting to identify the cause, but it has proven ultra-difficult, given that the cases have been widespread -- eight were reported in Aurora and seven more in the Elgin/Carpentersville area. Of the 15 cases, six were reported to the health department in December.

Man sues Wal-Mart over salmonella

As the Indy-Star reports, Marler Clark is representing a Greenwood man in a salmonella lawsuit against Wal-Mart Stores. The suit follows a salmonella outbreak this summer in which at least 84 people became ill. The Indiana State Department of Health traced the outbreak to the deli and bakery departments at the Wal-Mart on Emerson Avenue in Greenwood. The suit, filed on Thursday in Johnson County Superior Court, says the bacteria caused Noah Merritt, the son of Ryan Merritt of Greenwood, to become ill in August. Noah Merritt was briefly hospitalized because of the outbreak, the lawsuit claims. (See also: the full press release from the Indiana Department of Health that implicated Wal-Mart, below)
State health officials report the source of the recent salmonella outbreak is the Wal-Mart on 1133 North Emerson in Greenwood. The deli and bakery departments have been identified as the source of the recent salmonella outbreak in northern Johnson and southern Marion counties. Wal-Mart officials report that all employees from the deli and bakery areas have been moved to other parts of the store until the investigation is complete. They have also discarded all possibly contaminated foods, and cleaned and sanitized both departments. "We believe food handlers who didn't have any symptoms may have contaminated the deli and bakery products," said Lynae Granzow, enteric epidemiologist, Indiana State Department of Health.

State health officials say the salmonella contamination occurred at the store, and that the public should not be concerned with purchasing items from the deli and bakery departments in the future. Health officials do recommend that individuals who purchased ready-to-eat items at the deli and bakery areas of this Wal-Mart on or before August 25 should discard those items, or return them to the store for a refund.

"This is a rare occurrence, and we are confident that Wal-Mart has properly addressed the situation by moving the employees to another part of the store, and cleaning all the equipment and surfaces," said Granzow. The State Department of Health was contacted on July 11 by the Marion County Health Department about an increase in salmonella cases in that area. Currently, 84 cases of salmonella have been reported to be part of the outbreak, which began in May 2006.

"We have worked closely with the Johnson and Marion county health departments to conduct an extensive investigation, which included laboratory tests and phone interviews to rule out all possible locations and methods of transmission of the salmonella," Granzow said.

State health officials say additional cases may be identified for the next few weeks, as the investigation concludes, but expect them to eventually taper off, now that the source has been identified and addressed.

Salmonella is a bacterium found in the intestines of many animals. People often become infected by eating contaminated foods. Salmonella can be passed because people don't wash their hands or produce properly. People can also become infected after handling chicks, ducklings, or reptiles, such as lizards, snakes, and turtles. Symptoms include vomiting, diarrhea, fever, cramps, nausea, and gas.

"The best way to avoid spreading salmonella is to wash hands thoroughly after using the bathroom, changing diapers, or handling pets, and before they fix or eat food" Granzow said. "People should also thoroughly cook all foods from animal sources, especially chicken, beef, pork, and eggs."

W.Va. woman sues over tainted orange juice

The Associated Press has chimed in on the lawsuit we filed against Orchid Island Juice on behalf of Heather Dowdy. From the article:

Heather Dowdy of Caldwell filed the lawsuit against Orchid Island Juice Co. of Fort Pierce, Fla., late Thursday in U.S. District Court. Her lawyer, Seattle food illness specialist Bill Marler, said it may be the first of several cases.

Dowdy's lawsuit said she drank Orchid Island juice on May 30, then fell ill. She sought treatment at a Virginia hospital June 2 and again June 6, when she was admitted with dehydration. Though she was released June 8, her lawyer -- Seattle food illness specialist Bill Marler -- said his client has been too sick to return to work.

Marler contends Orchid Island was negligent under the federal Food, Drug and Cosmetics Act, which requires companies to use raw materials that are "clean, wholesome, and free from adulteration and fit for human consumption."

"If Orchid Island had only pasteurized their juice, this outbreak would not have occurred," he said.

Marler Clark files lawsuit against Orchid Island, maker of unpasteurized Salmonella-contaminated orange juice

Marler Clark has filed a Salmonella lawsuit was against Orchid Island Juice Company of Fort Pierce, Florida, in US District court for the Southern District of West Virginia Thursday (case no. 5:05-CV-0586). The lawsuit was filed on behalf of Heather Dowdy, a Caldwell, West Virginia resident who became ill with a Salmonella infection after consuming Orchid Island unpasteurized orange juice. We have filed the lawsuit along with David Delk, a respected Wheeling, West Virginia, lawyer.

As I told the local (Morgantown, West Virginia) press today:

Ms. Dowdy consumed Orchid Island orange juice on May 30, 2005, and became ill with symptoms of Salmonella infection on May 31. She went to the emergency room in Virginia Beach on June 2, and again on June 6, when she was admitted to the hospital for severe dehydration. Ms. Dowdy was discharged on June 8, but still suffers from complications of Salmonella infection, and has not yet been able to return to work.

"After the Odwalla and Sun Orchard outbreaks in 1996 and 1999, I would have thought that a juice producer would have more sense than to sell unpasteurized juice and risk facing me in a courtroom after they had poisoned their customers," said William Marler, managing partner of Marler Clark. "But I guess the lesson has not been learned by all."

In the lawsuit, which is based on the Federal Food, Drug, and Cosmetic Act, Marler alleges that "Orchid Island had a duty to use supplies and raw materials . . . free from adulteration and fit for human consumption, but failed to do so."

Marler continued, "If Orchid Island had only pasteurized their juice, this outbreak would not have occurred. Heather Dowdy went through a terrible ordeal. She and other victims did not deserve this."

On July 8, 2005, the Food and Drug Administration (FDA) warned consumers against drinking unpasteurized orange juice products distributed by Orchid Island under a variety of brand names. At that point, there were reports of 15 cases of a matching strain of Salmonella bacteria causing illness in consumers in Michigan, Ohio, and Massachusetts. At least 16 other states reported cases of Salmonella that matched the specific strain found in Orchid Island orange juice. On July 15, 2005, Orchid Island issued a nationwide recall of fresh and frozen unpasteurized orange juice (see http://www.fda.gov/oc/po/firmrecalls/orchidislandjuice07_15.html). The CDC indicated that as many as 82 cases have been confirmed nationwide.

Tainted tomato case headed for mediation

Time has come to begin trying to hammer out financial settlements for hundreds of people who were sickened by a batch of salmonella-tainted tomatoes last summer. Marler Clark represents 98 of the more than 400 people who were sickened in Pennsylvania, Ohio, West Virginia and six other states after eating Roma tomatoes served at Sheetz stores last year.

As the Associated Press reported yesterday:

Seattle attorney Bill Marler, who specializes in food-related illness, said Wednesday that if a judge approves, he will begin talks with attorneys for the Altoona, Pa.-based Sheetz convenience store chain and its former supplier, the now bankrupt Coronet Foods Inc. of Wheeling.

U.S. Bankruptcy Judge Edward Friend still must approve the mediation, but Marler said that's likely now that the framework for the talks has been laid out.

Marler said claims in the current case range from $30,000 to $800,000, depending on the severity of the victims' illness, whether they were hospitalized and whether they have continuing health problems.

"I have settled several thousand salmonella claims," Marler said. "If the insurer is being reasonable and the clients are being reasonable, these cases should settle."

Illness linked to orange juice produced in Fort Pierce

Strong evidence links orange juice produced at Orchid Island Juice Co. in Fort Pierce to an outbreak of 15 cases of illness caused by a strain of salmonella, the U.S. Food and Drug Administration said Wednesday. In addition, at least 16 other states have reported cases of salmonella that match the specific strain of the Salmonella typhimurium bacterium.

As the Palm Beach Post reported today, Orchid Island, which produces unpasteurized fresh-squeezed orange juice, issued a voluntary recall of its orange juice from stores nationwide and has asked consumers to return any juice on hand to retail stores for a full refund.

None of the illness associated with the juice has occurred in Florida, the FDA said in issuing a nationwide warning to consumers against drinking the juice distributed under the labels Nino Salvaggio's, Westborn Market and Natalie's Orchid Island Juice.

S. typhimurium is the most common among the 2,000 kinds of salmonella, said Christine Pearson, a spokeswoman for the U.S. Centers for Disease Control and Prevention in Atlanta.

The strain is the same as that involved in 14 cases of salmonella-related illness associated with Cold Stone Creamery's Cake Batter ice cream during the same time period in Minnesota, Washington, Oregon and Ohio, Pearson said.

Andrew Meadows, spokesman for the Florida Department of Citrus in Lakeland, said about 9 million gallons a year of Florida orange juice - less than 1 percent of the state's overall juice production - is of the unpasteurized variety.

George Chartier, a spokesman for the U.S. Department of Agriculture, said Wednesday that 55 processing plants in Florida are approved for pasteurized juice production and three for unpasteurized.

Marler Clark Calls on FDA to Ban Sale of Unpasteurized Juices

The United States Food and Drug Administration (FDA) announced on July 8, that Orchid Island Juice Co. of Fort Pierce, Florida was recalling unpasteurized orange juice after fifteen cases of Salmonella Typhimurium were t