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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It is likely that bird or rat feces in the Peanut Corporation of America peanut butter started all of this.  There is the ever-expanding list of Salmonella free products.  The FDA list of products containing tainted peanut butter continues to grow as does the list of the deaths.  This morning Ohio reported four deaths (not confirmed by Department of Health which now says 1) linked to Salmonella-tainted peanut butter.  Yesterday, Minnesota reported three deaths.  Before that, Virginia, Idaho and North Carolina had reported a total of four deaths.  By my math that adds up to eight people killed by eating peanut butter - eating peanut butter for goodness sake.  However, the CDC reports only seven deaths - so far. 

Weeks ago I asked the CDC, FDA, King Nut and Peanut Corporation of America to respond to the following, however, there still has been limited, or no, response to my To Do List.

1. Make sure ALL product is promptly recalled;


2. Do not destroy any documents;


3. The companies should pay the medical bills and all related expenses of the innocent victims and their families;


4. The companies should pay the cost of all related Health Department, CDC and FDA investigations;


5. Provide all bacterial and viral testing of all recalled product and any other tested product (before and after recall);


6. Release all inspection reports on the plants by any Governmental Entity or Third-party Auditor;


7. Release all Salmonella safety precautions taken by either King Nut or Peanut Corporation of America - especially after the 2007 Salmonella Peanut Butter Outbreak;


8. Provide the public with the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak; and,


9. Show the public what is being done to prevent the next outbreak.

Where is the Corporate and Governmental responsibility to the people?

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Today, the CDC reported 453 persons (454 if you count the Canadian) infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (9), Arkansas (4), California (60), Colorado (10), Connecticut (8), Georgia (6), Hawaii (1), Idaho (10), Illinois (5), Indiana (3), Iowa (1), Kansas (2), Kentucky (3), Maine (4), Maryland (7), Massachusetts (40), Michigan (25), Minnesota (33), Missouri (8), Mississippi (1), Nebraska (1), New Hampshire (11), New Jersey (18), New York (18), Nevada (5), North Carolina (4), North Dakota (10), Ohio (57), Oklahoma (2), Oregon (5), Pennsylvania (13), Rhode Island (4), South Dakota (2), Tennessee (8), Texas (6), Utah (4), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2). Among the 437 persons with dates available, illnesses began between September 08 and December 31, 2008. Patients range in age from <1 to 98 years; 47% are female. Among persons with available information, 23% reported being hospitalized. Infection may have contributed to five deaths.

Now North Carolina reports another death.  And, still there is silence from CDC, FDA, King Nut and Peanut Corporation of America on my To Do List?

1. Make sure ALL product is promptly recalled;


2. Do not destroy any documents;


3. The companies should pay the medical bills and all related expenses of the innocent victims and their families;


4. The companies should pay the cost of all related Health Department, CDC and FDA investigations;


5. Provide all bacterial and viral testing of all recalled product and any other tested product (before and after recall);


6. Release all inspection reports on the plants by any Governmental Entity or Third-party Auditor;


7. Release all Salmonella safety precautions taken by either King Nut or Peanut Corporation of America - especially after the 2007 Salmonella Peanut Butter Outbreak;


8. Provide the public with the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak; and,


9. Show the public what is being done to prevent the next outbreak.

How many more illnesses or deaths?  This reminds me of Hanlon's razor which reads:

"Never attribute to malice that which can be adequately explained by stupidity."

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"Victims all over the country are suffering because of the breakdown of our meat supply safety system," said the plaintiffs' attorney William Marler. "Everyone deserves pathogen-free meat in restaurants, grocery stores and summer camp."

William D. Marler

A Boy Scout infected by E. coli while attending camp in Goshen filed suit Friday in the Circuit Court of Rockbridge County. The lawsuit -- filed on behalf of Zachary Yost and his mother, Devon Drew -- names S & S Foods LLC as the defendant. In August, more than 80 people at a Boy Scout camp near Goshen were infected with E. coli. Yost attended the camp from July 20-26. The outbreak was linked to hamburger meat manufactured and sold by S & S Foods of California. The company recalled more than 150,000 pounds of meat.
 

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A Boy Scout who was infected by E. coli O157:H7 while attending camp in Virginia filed suit today in the Circuit Court of Rockbridge County. The lawsuit was filed on behalf of Zachary Yost and his mother, Devon Drew, against S & S Foods LLC. The plaintiffs are represented by Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness, and Maryland attorney Benson Klein of Ward & Klein.

In August 2008, 84 people at a Boy Scout camp near Goshen, Virginia were infected with a highly toxic form of E. coli, the O157:H7 strain. The outbreak was traced to hamburger meat manufactured and sold by S & S Foods of California. Zachary Yost attended the camp from July 20 through July 26. Yost ate hamburger meat while at camp, and fell ill on July 26. He experienced cramping, nausea, and diarrhea, which by July 29 became bloody. In the process of receiving medical care, he tested positive for E. coli O157:H7. S & S hamburger meat at the camp also tested positive for E. coli O157:H7, and the company recalled more than 150,000 pounds of meat.

“There has been a record amount of E. coli-tainted meat recalled in the last year and a half,” said the plaintiffs’ attorney William Marler. “Unfortunately, that has meant that that there have also been a record number of E. coli illnesses. Victims all over the country are suffering because of the breakdown of our meat supply safety system. Everyone deserves pathogen-free meat—in restaurants, grocery stores, and summer camp!”

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure. The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks, as have unpasteurized milk and cheese, unpasteurized apple juice and cider, alfalfa and radish sprouts, orange juice, and even water. There have also been outbreaks associated with petting zoos and agricultural fairs.

“Zachary has yet to test free of E. coli,” continued Marler. “His body is still fighting the infection, and restricting what he can do. Meat companies need to step up to the plate and take responsibility for the effects their tainted products have on consumers.”
 

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