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."

Hepatitis A in East Tennessee: Attorneys urge public to receive vaccination to prevent hepatitis A infection

Two East Tennessee counties, Campbell and Scott, have reported an increased incidence of hepatitis A cases for the second time this year. The East Tennessee Regional Health Department has confirmed eight cases of hepatitis A since June 25, and the Health Department is working to determine the source of a potential outbreak. In April, 2005, 23 cases were confirmed in Campbell, Scott, and Anderson counties, but health officials were unable to pinpoint the source of the earlier outbreak.

Hepatitis A is a virus that primarily infects the liver. Symptoms of infection may not appear for 15-50 days after exposure to the virus. They include muscle aches, headache, loss of appetite, abdominal discomfort, fever, and malaise. After a few days of initial symptoms, jaundice (yellowing of the skin and eyes) sets in. In rare cases, the hepatitis A virus causes liver failure and impairs the infected person's cognitive functioning.

"Ideally, outbreaks would be prevented by vaccination against hepatitis A," said William Marler, a Seattle attorney with a law practice dedicated to representing victims of foodborne illness. "I've represented hundreds of people in the last two years who either became ill with, or were exposed to, the hepatitis A virus. Some have had liver transplants, or even died after suffering from acute hepatitis A infection." The CDC estimates that at least 100 people die each year after suffering from hepatitis A-induced liver failure.

"This is the second time since April that public health has been put at risk in East Tennessee. People need to know that outbreaks can be prevented through widespread vaccination against hepatitis A. It's time to take this threat more seriously and do what we can to stop outbreaks before they start," Marler concluded.

Marler has represented hundreds of victims of hepatitis A outbreaks, including over 75 victims of a 2003 hepatitis A outbreak in Pennsylvania that was traced to contaminated green onions, and 29 people who were infected with hepatitis A after being exposed at a Seattle Subway sandwich shop. Marler Clark has also represented thousands of people who were forced to receive Immune Globulin injections to prevent infection with hepatitis A after they were exposed to the virus by infected food handlers.