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.

E. coli's Insidious Spread

A rise in the number of Escherichia coli cases requires diligent detection efforts.
By Debby Giusti, MT(ASCP)

Ten-year-old Brianne Kiner spent 40 days in a coma in 1993, while teams of medical personnel worked round-the-clock to keep her alive. Brianne has little memory of the 118 days she was on kidney dialysis or the 80 units of blood she received, nor does she recall the numerous times the doctors told her mother that Brianne wouldn't live through the night. What Brianne does remember is that her hospital ordeal left her with the dubious recognition of being the sickest child in the United States to survive Escherichia coli 0157:H7.

Over a 3-month period, more than 700 children and adults in four states in the northwest became ill after eating at various Jack in the Box restaurants. They suffered severe stomach cramps and diarrhea, often bloody, and close to 200 of the ill had to be hospitalized. Fifty-five cases progressed into hemolytic uremic syndrome (HUS), a condition that can lead to kidney failure and even death. Children and the elderly are most at risk for HUS, and in the 1993 outbreak, four children died.

Epidemiologists quickly recognized that those infected had eaten undercooked hamburgers served at more than 90 Jack in the Box restaurants in the four state area.2 The beef shipped to the restaurants was found to be contaminated with E. coli 0157, and to date, the outbreak remains the largest in U.S. history caused by the organism.

In the week of her exposure, Brianne had visited the same Jack in the Box twice, eating a hamburger each time. The double dose no doubt compounded the severity of her case. Some speculate that if the burgers had been cooked only 30 seconds longer, Brianne would not have become ill.

Spending nearly 2 months in the pediatric intensive care unit of Seattle Children's Hospital and Medical Center and a total of 189 days in the hospital, Brianne suffered three strokes, 10,000 seizures and every organ in her body failed. Her initial hospital bill totaled $1.2 million.1 No matter what the cost, her mother calls her daughter's survival a miracle. The medical staff believes Brianne's age helped her win the fight against the terrible pathogen.

Heightened Awareness

Brianne's story and the stories of so many affected by that first major outbreak did much to raise public awareness of the risk of E. coli 0157:H7. Consumers were advised to cook ground beef thoroughly and to use care to prevent cross-contamination of cooking surfaces and utensils. Laboratories began to test for the pathogen, and the Food Safety and Inspection Service of the United States Department of Agriculture (USDA) initiated a program to check ground beef. America seemed to breathe a sigh of relief. With proper precautions, future outbreaks could be prevented - or so it seemed.

History

E. coli was first identified in 1885 by German bacteriologist Theodor Escherich. The gram negative rod is a normal enteric organism found in the intestine of both humans and animals. A facultative aerobic, it can be grown both aerobically and anaerobically, and in fact, when aerobic methods are used, E. coli is the dominant organism found in feces.

The organism colonizes the human bowel shortly after birth and usually does not cause disease, but suppresses the growth of harmful bacteria and aids in the synthesis of vitamins. A relatively few strains of E. coli are pathogenic, and of those, enterohemorrhagic E. coli 0157:H7 elicits the most profound response, producing a verotoxin or shiga-like toxin identical to that of Shigella dysenteriae. The toxin attacks the epithelial cells of the intestine and damages the blood vessels, thus producing hemorrhage. The toxin is thought to be the reason some cases develop HUS.

Healthy cattle are the main reservoir of E. coli 0157, although other ruminants, such as sheep and deer, also carry the organism. Even dogs, birds, chickens and pigs have been found to harbor E. coli. The organism is excreted in the feces and can survive for long periods in fecal matter. A remarkably low dosage - from 10 to 100 cells - can cause disease. 5 Thus, anything that comes in contact with cattle dung or manure can be contaminated, such as farm produce, or lakes and streams by runoff water and even buildings that house cattle.

Person-to-person contact is also of concern. The organism is sloughed from the human body for up to 14 days after the onset of diarrhea.6 In 1982, an outbreak of E. coli 0157 in a nursing home in Canada killed 19 residents and proved that the organism can be deadly in institutional settings, such as day care facilities and nursing homes.

Symptoms

Within 9 days of exposure, E. coli 0157:H7 causes hemorrhagic colitis with severe stomach cramps and bloody diarrhea. Patients usually have little or no fever and recover in 5 to 10 days.

Children under the age of 5 are highly susceptible to HUS, which is the leading cause of kidney failure in children in the United States.6 The elderly are also at risk, often developing thrombocytopenia and hemolytic anemia as well as severe renal complications. Of the children affected, 3% to 5% will die, and as many as 30% will have lasting medical problems.8 Dialysis, transfusion of packed cells and platelets may be indicated, and in extreme cases renal transplant may be required.

Antidiarrheal agents such as loperamide (Imodium) have been shown to be associated with an increased risk of HUS, perhaps by prolonging the expulsion of the organism from the intestinal tract and, therefore, increasing toxin absorption.

In 1999, evidence presented at the 35th United States-Japan Cholera and Related Diarrheal Diseases Conference indicated antimicrobials should not be given to children with E. coli infections. The data revealed that 15% of all North American children infected with E. coli 0157 develop HUS, and it appears that antibiotic treatment increases that risk. Bacterial lysis due to antibiotic therapy is thought to cause the release of the toxin in the intestine, making more toxin available for absorption.

Studies are being conducted to evaluate compounds that could be taken orally by patients that would absorb the toxin from the intestine and reduce the incidence of HUS. However, the treatment would have to be given early in the disease, and since it takes 1 to 2 days to diagnose E. coli, the window of opportunity is short.

Birth of a Pathogen

E. coli 0157:H7 was first associated with a sporadic case of hemorrhagic colitis in 1975, and the first outbreaks occurred in 1982. A report in the The New England Journal of Medicine the following year described two bouts of gastrointestinal illness that caused 47 people in Oregon and Michigan to have "severe crampy abdominal pain, initially watery diarrhea followed by grossly bloody diarrhea and little or no fever." Investigators narrowed their search of a cause to beef patties, rehydrated onions and pickles that the patients had eaten at a local fast-food restaurant. Three-fourths of the stool specimens collected were found to contain what the authors termed "a rare Escherichia coli serotype, 0157:H7, that was not invasive or toxigenic by standard tests." The organism was also found in beef from the lot shipped to the restaurant.

That same year, a report in Lancet noted the presence of a shiga-toxin-producing E. coli in the stools of patients with HUS. Both reports led scientists to believe they were dealing with an enteric pathogen that could cause both intestinal and renal disease.

Shortly thereafter, in an attempt to determine whether E. coli 0157 was indeed a newly emerging infectious agent or one that had been previously overlooked owing to testing limitations, the Centers for Disease Control and Prevention (CDC) reviewed more than 3,000 E. coli strains serotyped from 1973 to 1983 and uncovered only one E. coli 0157:H7 isolate.8 The Public Health Laboratory in the United Kingdom and the Canadian Laboratory Centre for Disease Control conducted similar reviews. The results substantiated the theory that the medical community was dealing with a newly emerging strain of E. coli.

Foodborne Outbreaks

After the Jack in the Box outbreak, E. coli 0157 began to cause disease with surprising regularity. A total of 16 outbreaks were reported in 1993 alone.2 In August 1994, three outbreaks occurred with summer campers who grilled over the open fire and failed to adequately cook their hamburgers. The next year, the New Jersey Department of Health noticed sporadic cases, again due to ground beef.

In addition to undercooked hamburger, cheese curds, nonpasteurized milk and even salami were also associated with outbreaks. By 1995, 33 states had enacted legislation declaring E. coli 0157 a reportable disease. The same year, CDC officially instituted PulseNet, a national network of public health labs that perform pulsed-field gel electrophoresis, a type of "fingerprinting," on foodborne bacteria for surveillance purposes.

In 1996, the pathogen found a new vehicle for transmission. Three-year-old Anna Girand was one of many children who drank nonpasteurized Odwalla apple juice that fall and then developed diarrhea with stomach cramps. But Anna continued to drink the juice when the doctor advised her parents to "push liquids." Eight days after her initial diarrhea, Anna was hospitalized with a diagnosis of E. coli 0157:H7 that progressed to HUS.

Whether the organism was introduced into the juice from dropped apples that fell onto cattle dung or manure or whether the produce had been sprayed with contaminated ground water is not known. But because the juice was not boiled or pasteurized and E. coli 0157:H7 survives in acidic environments, the organism remained viable. More than half of the 70 cases of illness in the Odwalla outbreak were children under the age of 6 years. One child died.

That same fall, two other outbreaks involving nonpasteurized apple cider occurred in Connecticut and New York. While new regulations were slow in coming, eventually the USDA established guidelines monitoring juice production and now requires all nonpasteurized juice to be labeled.

Waterborne Outbreaks

The first reported outbreak of E. coli 0157 transmitted by water in the United States occurred from December 1989 to January 1990. Extremely cold weather caused water mains to break in Cabool, a small town in southern Missouri. When the lines were repaired, a backflow of contaminated water entered the system. Hyperchlorination at the time of repairs would have prevented the problem that led to 243 cases of illness and four deaths.

Canada's worst outbreak occurred in 1998 in a rural farm community where a local billboard proclaimed the area "Canada's Foremost Cattle County." Nearly 2,000 residents of Walkerton - almost half of the town - became ill with E. coli 0157. Ninety people were hospitalized; 11 people died. People were advised to boil all water, throw out their old toothbrushes and even wipe down their doorknobs to curtail the spread of infection.

Five years earlier, a study conducted by Health Canada had compared the density of cattle in the area - as many as 200 animals per hectare - with the high incidence of reported E. coli cases and determined that Walkerton was a town waiting for an outbreak. Increased rain allowed runoff water that had been in contact with cattle dung to enter the municipal wells. A faulty chlorinating system failed to kill the organism, and the contaminated water was piped into the homes and consumed by unsuspecting townspeople.

A bizarre outbreak involving recreational water stunned Georgia residents in 1998. Andy and Marisa Akin were raising their 2-year-old daughter, McCall, as a vegetarian, so they never worried about undercooked ground beef. They never imagined that a day at an Atlanta water park would be harmful to their toddler. McCall became ill with E. coli 0157, along with 26 other children. Six, including McCall, required hospitalization.

The kiddie-pool water was later identified as the source of infection with a probable fecal accident causing the contamination. A low chlorine level on the day of McCall's visit compounded the problem. After being hospitalized for 6 weeks on kidney dialysis and a respirator, McCall died on July 22, becoming the first child in the nation known to have died from E. coli transmitted in chlorinated pool water. Guidelines for both private and public pools were reviewed, and new recommendations were announced in the hopes of preventing future outbreaks from recreational water.

Another serious water outbreak occurred in the fall of 1999 when New York's Washington County Fair was in full swing. Most of the grounds at the fair were supplied with chlorinated water, but in one area vendors had access only to unchlorinated well water. Not realizing the danger, they used the water to make beverages and ice. More than 900 people experienced diarrhea, 65 were hospitalized and two died.

Cattle Proximity

Field trips to the farm, long a favorite of both preschool and school-age children, led to 56 illnesses in Washington and Pennsylvania the following year, with 19 children hospitalized. Not only were some of the cattle on the farms colonized with E. coli 0157, but the railing in one locale was found to be positive for the pathogen. Infections occurred when children petted the animals or played on the railing and failed to wash their hands before eating. New guidelines were issued to insure the safety of children visiting farm and petting zoos.

In 2002, a report at the Epidemic Intelligence Service Conference, CDC, documented an outbreak after a dance was held in a multi-use community facility where cattle had been previously shown. The floor was covered with sawdust that later tested positive for E. coli, as did the dust on rafters overhead. Of those who attended the event, 111 became ill and nine developed HUS.

Another report of a pancake breakfast held in a building where cattle had been housed 4 days earlier resulted in 34 cases of E. coli. Again, the organism remained viable in the sawdust.

Recalls

Immediately after the onset of the Jack in the Box E. coli outbreak, more than 250,000 hamburgers were recalled. The rapid response is thought to have prevented an additional 800 cases of illness.2 Since that time, food products - most often ground beef - have been recalled to halt the spread of disease.

In 1997, Hudson Food Inc., of Rogers, Ark., recalled 25 million pounds of beef after 17 people became ill. In July, 2002, ConAgra Beef Co. voluntarily recalled 19 million pounds of beef and beef products.21 Consumers can call the U.S.D.A. Meat and Poultry Hotline at (800) 535-4555 or visit their Web site at www.fsis.usda.gov for information on meat or poultry products.

On the Rise?

Whether ground beef, alfalfa sprouts, cantaloupe, potatoes or lettuce, it seems that any food or produce item has the potential to harbor E. coli. Mass distribution of food can cause wide-scale illness, such as an outbreak in Japan that resulted in 10,000 cases of illness in 14 separate clusters when contaminated radish sprouts were shipped throughout the country. Today, the CDC estimates E. coli 0157:H7 causes 73,000 cases of infection resulting in 61 deaths each year in this country.6 While some wonder if the incidence of outbreaks is on the rise, Jay Varma, MD, medical epidemiologist in the Foodborne and Diarrheal Disease Branch of the CDC, offers this reassurance: "After the major outbreaks of the 1990s, the next few years saw a significant increase in the number of cases. One explanation is certainly that people in general were more aware. Another is that more labs are running tests for E. coli 0157. But for the last couple of years, the incidence has remained constant.

"That's a good thing and a bad thing," continues Varma. "It's good because there has been no increase, but bad because of all the information out there, we still haven't been able to reduce the number of cases. With the food safety measures implemented, there should be a reduction in the incidence. It may be that if we hadn't had so many interventions, we would have seen a dramatic rise in the number of cases."

Proactive Labs

The CDC recommends the routine culture of all bloody stools and HUS patients for E. coli 0157 with Sorbitol-MacConkey (SMAC) agar. Most strains of E. coli 0157 do not ferment sorbitol, and after 18 to 24 hours of incubation at 37?C, the sorbitol-negative colonies will appear colorless on SMAC. Tests based on E. coli 0157's inability to produce ?-glucuronidase can also be used.

James Nataro, professor of pediatrics, pediatric infections and tropical diseases at the University of Maryland School of Medicine in Baltimore, says, "The biggest problem is communication to the lab that 0157 is suspected. We're working to educate the physician to examine the stool for blood, if possible, or at least elicit a history. They should ask the mother, �Did you notice blood in the stool? Was it red or perhaps dark brown or black?' What's happening now is that the lab is asked to test for 0157 if they see blood, but more commonly they don't get the history and don't always see the blood."

Natara challenges labs to be proactive and has this suggestion for laboratory administrators. "Add hemoccult analysis as a routine first step in stool testing," he says. "If positive, then test for 0157:H7. It would help to fill in the cracks. And it's important to test all patients, adults as well as children. A single case may be the index case in the outbreak."

Of note is the organism's pathogenicity. At least three cases of E. coli 0157:H7 acquired in the laboratory have progressed to hemorrhagic colitis and renal failure. The microbe is highly infectious, and adequate precautions should be taken when working with the E. coli.

Possible Solutions

Because cattle are a natural reservoir of E. coli, the slaughter house is certainly one place to look for ways to prevent the spread of infection. The U.S. Department of Agriculture has enacted a Zero Tolerance Program for fecal matter on raw beef carcasses, and a Pathogen Reduction Program has brought better regulation to areas where contamination of beef can first occur.

Meat packing plants also require constant monitoring. Beef is ground and pooled into large batches and packaged for widespread distribution. Since only a few organisms can cause infection, a single infected steer can contaminate a large quantity of ground beef.

While reducing slaughter house and packing plant contamination is essential, the scientific community recognizes the need to find other solutions to curb the spread of E. coli 0157. Irradiation of meat has been recommended, yet consumers complain that the taste is altered, especially in meat with a high fat content such as ground beef. Others are fearful that radiation may prove harmful to humans.

"Scientific evidence is fairly clear that irradiation renders food safer and poses no risk to human health that we know of," says Varma. The CDC recognizes that public acceptance is an important question, and the agency is running national surveys to identify people's concerns about irradiation.

"Although irradiation is one of many answers to the problem," Varma says, "certain groups are concerned that if the government's message is irradiation, we might ignore other methods that could be beneficial. Irradiation is one answer. We don't advocate that it's the only method."

Michael P. Doyle, PhD, regents professor of Food Microbiology, director of the Center for Food Safety and Quality Enhancement and head of the Department of Food Science and Technology at the University of Georgia, was one of the first to report on the 1993 Jack in the Box outbreak. He has continued to study E. coli 0157:H7 since that time.

"USDA tests reveal only 0.8% of ground beef is contaminated with 0157," says Doyle, who believes ground beef is not the greatest risk factor to the United States. Since the organism is carried in the intestinal tract and passed in the feces of animals, it contaminates both farmland and water and poses a problem to those who work and live there, as well as to those who visit. Therefore, he says, "It looks like the greatest emphasis for E. coli 0157 is on the farm.

"Studies have been done in the United States that look at the primary risk factors, and the farm comes at the top of the list, but eating uncooked ground beef is low. A similar study in England looked hard to find the risk for ground beef and found it was not as significant a problem as compared with farm exposure," Doyle says. "The critical issue is to reduce the carriage or shedding in the feces in cattle."

Probiotic bacteria seem to be one solution.

"Probiotic means friendly microorganisms that are good for the health of humans and animals," he explains. A subgroup are the competitive exclusion bacteria, which is how Doyle classifies the probiotic with which he has been working. The bacteria have been isolated from cattle that do not carry 0157 and are actually an antimicrobial to 0157 that lives in the rumen of cows.

"If we feed these bacteria to cattle," he says, "within a short time, 80% to 90% of the cattle don't shed 0157 in their feces." The new probiotic would be inexpensive, perhaps as low as a dollar a treatment.

A veterinary pharmaceutical company is studying the probiotic. From there, the FDA would have to approve its use, but Doyle feels confident it will be on the market in the near future.

Nataro believes a vaccine for cattle looks promising, as well. The vaccine would prevent cattle from becoming colonized with E. coli 0157 and is in the testing phase.

"Since the cattle are the main reservoir, if we can prevent cattle from harboring the organism we could prevent it from contaminating our food supply," says Nataro. "And it certainly would be more effective than a human vaccine. Safety would not be as big an issue. To administer a human vaccine to the entire population, the vaccine would have to be 100% safe, yet there still would be problems. And, of course, there would be a real concern of vaccinating the entire population against a relatively rare infection."

With cattle, those concerns would not be a issue. "A study of 36,000 cattle in western Canada is being done, and the data should be compiled within a year with perhaps another year before it's on the market," he says.

Irradiation, probiotic bacteria and a vaccine for cattle are all possible ways to halt the spread of E. coli 0157 in the future. But until then, the medical community and public must be aware of the dangers of this insidious pathogen.

"E. coli 0157:H7 is an important health problem," says Varma, "and the lab plays a critical role, providing information and aid in the development of new policies. But laboratorians should handle 0157 carefully. It only takes a few bugs to make a person sick. That's the reason it's a real challenge."

Debby Giusti is a medical technologist and freelance writer living in the Atlanta area and an ADVANCE for Administrators of the Laboratory editorial advisory board member.

$15.6 MILLION SETTLEMENT OK'D IN HAMBURGER CASE

A Washington state court yesterday approved the settlement of a lawsuit under which a 12-year-old girl who nearly died after eating a tainted hamburger will get $15.6 million.

Under the settlement Foodmaker Inc., operator of Jack in the Box restaurants, meat processor Von Stores Inc. and various slaughterhouses will pay the sum to Brianne Kiner, said her lawyer, William Marler.

Kiner, who fell into a 42-day coma after eating a hamburger at a Jack in the Box restaurant in January 1993, was the most seriously affected survivor of meat tainted with the E. coli bacteria that killed three children.

Marler Clark Heralds Washington Supreme Court Decision Upholding $4.6 Million Jury Award to School Kids Sickened in 1998 E. coli O157:H7 Outbreak

The Washington Supreme Court today declined to review last year's Court of Appeals decision upholding a $4.6 million award to 11 children injured in a 1998 E. coli O157:H7 outbreak that was linked to undercooked taco meat served as part of a school lunch at Finley Elementary School. School District had sought the Supreme Court's review arguing that school districts should not be held legally responsible if ill-prepared food sickens or kills a student. The Supreme Court refused to consider the argument.

Denis Stearns, one of the founding partners at Marler Clark, said:

"Washington State has a long history of holding school accountable when the children in their care are injured or killed. We believe that the Supreme Court's decision today reaffirms the principle that, when it comes to preparing food for their students, a school's foodservice operation should be held to the same high standard as any other restaurant licensed to operate in this State."

"School-aged children are more vulnerable than most when it comes to exposure to contaminated food. Those who argue for lower-standards plainly do not understand what the problem is, or what is truly at stake. If anything, schools should be held to the highest standards. These are our children we are talking about."

In its investigation of the outbreak, the Washington State Department of Health found that the Finley School under-cooked the taco meat. The Department further found the "differences in the preparation, handling, and transport of meat may have allowed for uneven cooking, uneven cooling, and uneven re-heating at the elementary school. This outbreak and the resulting investigation highlight the importance of regular inspections of institutional kitchens and the need for training of food service workers."

In declining to accept review of the Court of Appeals decision, the Supreme Court foreclosed any further legal options for the school district and its insurers. Stearns said:

"While this day has been long in coming, it is a day that our clients are grateful for. They will get the compensation that the jury found them so deserving of, and can now get on with their lives."

WOMAN'S SUIT ALLEGES SHE GOT HEPATITIS AT MCDONALD'S

As the Associated Press reported today, Marler Clark has filed yet another lawsuit against McDonalds. This one is on behalf of Helen Cook who contracted hepatitis A after eating a sandwich at a Mount Vernon McDonald's restaurant.

From the article:

"It just underscores the need for fast-food restaurants to be ever vigilant about how they handle their product, how they cook their product and who they have working," Marler said.

As I told the AP, Cook ate breakfast at the Mount Vernon McDonald's before going to a nearby nursing home to care for her mother. She began to feel sick during a trip to Palm Springs, Calif., when she suffered from fatigue, cold sweats and abdominal soreness. After suffering intense pain and vomiting in April, she was hospitalized and diagnosed with hepatitis.The Skagit County Health Department, which had reports of nine cases of hepatitis-A in the area, traced the outbreak to the McDonald's, where an assistant manager had the virus and continued to work.

Her illness is a reminder of how vulnerable Americans have become to disease transmitted through food.

This the second I have filed against the same restaurant. The previous suit sought damages on behalf of Nyssa Hall, then 6, who was sickened by E. coli bacteria from undercooked hamburger. That lawsuit was settled.

Seattle Law Firm Obtains $1.06 Million Settlement On Behalf of Hepatitis Outbreak Victims

Marler Clark, the Seattle law firm nationally-known for its successful representation of persons injured in food-borne illness outbreaks, today announced that it had obtained a $1.06 million settlement on behalf of 29 persons infected with the Hepatitis A virus as a result of eating contaminated food at two local Subway Sandwich franchises.

"This is truly a superior result," said Denis Stearns, a partner at the Marler Clark law firm. "While no amount of money can ever give back the time lost by our clients to this painful disease, or erase their painful memories, we are confident that this settlement will go a long way toward putting our clients' lives back on track." Stearns added, "More importantly, this settlement sends a strong message to restaurant owners that they will be held accountable for the sale of food contaminated by hepatitis-infected food workers."

Three months ago, the Marler Clark attorneys called on restaurants to voluntarily vaccinate all workers against Hepatitis A. At the time, the law firm's managing partner, William Marler, noted that: "In the last six months there have been Hepatitis A outbreaks linked to two Seattle restaurants, a Carl's Jr. fastfood restaurant in Spokane, a restaurant in Minnesota, and three restaurants in Northwest Arkansas. Even worse, more than 700 children are being vaccinated against this potentially deadly virus in California after consumption of potentially contaminated strawberries." Marler continued, "Restaurants and food manufacturers must take action and voluntarily vaccinate all of their employees."

The CDC estimates that 83,000 cases of Hepatitis A occur in the United States every year, and at least 5% of these cases are related to foodborne transmission. While the CDC has stopped short of calling for the mandatory vaccination of food workers, it has repeatedly pointed out that the consumption of worker-contaminated food is a major cause of foodborne illness in the United States. In 1999 alone, over 10,000 people were hospitalized as a result of hepatitis A infections, and 83 people died.

Marler Clark Files Class Action Shigella Lawsuit

Marler Clark filed a class action lawsuit today in King County Superior Court against Senor Felix Gourmet Mexican Foods, a California Corporation implicated in the recent Shigella outbreak. The named plaintiffs are Larissa Spafford, Robert B. Spafford, and their two-year-old son, Jasper, of Port Townsend, Washington. Ms. Spafford purchased the dip at a Port Townsend QFC. Both she and her son became ill.

Ms. Spafford's and her son's symptoms were relatively mild, although they included diarrhea, fever, and stomach cramps. They were very fortunate not to have suffered more severe injury.

The Washington State Department of Health has confirmed that at least 30 people in Washington have shown symptoms of shigellosis. Dozens more were sickened in Oregon and California. This number is expected to rise over the next few weeks. Marcia Goldloft, Medical Epidemiologist with the Washington State Department of Health, said, "Shigellosis can be very serious and is highly contagious. People who think they might have been infected should pay close attention to hygiene. Carefully washing your hands could prevent getting a family member sick."

This dip was sold under several names, including the above, Trader Joe's 5 Layer Fiesta Dip, and Delicioso 5 Layer Fiesta Dip. It was sold in jars and on seven-inch trays, with a distinctly layered appearance. The list of retailers that carried this product includes the following: Costco, Trader Joe's, Puget Consumers Co-op (PCC), and SAM'S Club. It was also distributed to QFC, Thriftway, Red Apple Markets, Zupan's, and Homegrocer.com, as well as other individual retailers.

Irradiating Foods - One More Step to Preventing Illness in Our Schools

A piece of legislation called the California Safe Schools Lunch Act (AB 1988) was recently passed by the State Assembly and now awaits action by the State Senate. Unfortunately, its positive-sounding title might not satisfy the State's own truth-in-labeling laws. The Bill's passage and the passage of similar laws around the country could put school children at greater risk, not less, from the dangers of foodborne illness.

As originally drafted, the Bill restricted the State's Department of Education from ordering irradiated ground beef from the USDA's National School Lunch Program, an option that school districts have available for the first time in 2004. In its present form, it makes this additional food safety measure more difficult and expensive, at a time local school districts are financially strained. In some cities, like San Francisco, Berkeley and Washington, DC, local school boards have succumbed to pressure from irradiation opponents and voted outright bans on serving irradiated foods in cafeterias.

The problem is this: an estimated 73,000 people, many children, get E. coli infection every year and 61 die from it. The GAO found that between 1990 and 1999, 195 outbreaks of foodborne illnesses occurred in our schools, sickening thousands of children. I currently represent children who were made ill with E. coli O157:H7 infections after eating contaminated lettuce served at Eastern Washington University, a school in Coeur d'Alene, Idaho, and schools in San Diego and Orange Counties. In the past, I represented children made ill after eating contaminated ground beef in Washington state and Georgia. The list goes on, and E. coli is not the only pathogen making our children sick.

Last fall, the Washington state Supreme Court affirmed a Jury's verdict of $4.75 million against a small, rural School District for undercooking hamburger that was contaminated with the deadly pathogen, E. coli O157:H7 and was served to elementary students for lunch in the fall of 1998. Justice for these children, one who suffered severe kidney failure, was long in coming. The big issue is not the money, no matter how well deserved. The issue is that the contaminated meat was sent to the school through the National School Lunch Program by the same Governmental agency supposedly responsible for meat safety - the USDA.

When ground beef is irradiated, at least 99.99 percent of E. coli and other harmful foodborne bacteria are killed. Yet irradiation is not a panacea; it is only one additional food safety measure. Others I strongly urge are higher quality and safety standards from plants and suppliers; improved traceback of contaminated meat; better training of food service personnel; serving precooked as well as irradiated foods in school cafeterias; educating students, faculty and parents on safe food handling practices; and requiring the USDA and FDA to publish online all inspection reports, recall notices, and violations of food safety standards for every plant that supplies food to our schools. This will give parents and school administrators a powerful tool in learning the quality of food being served to the children. This comprehensive and cost effective approach to food safety protects our kids and protects a school's budget by preventing lawsuits.

Shown to be safe after more than 40 years of research, food irradiation is endorsed by nearly every major science and health agency, including the World Health Organization, the Centers for Disease Control and Prevention (CDC), the American Medical Association, and the American Dietetic Association. The CDC estimates that if just 50 percent of the meat and poultry were irradiated, the number of foodborne illnesses would be reduced by 900,000 annually and deaths by 352.

Legislators and school board members interested in getting both sides of the food irradiation debate should talk to Rainer Mueller of Oceanside, California. His 13-year-old son, Eric, died from complications of E. coli after eating a contaminated hamburger in 1993. Mr. Mueller has since served as president of the grassroots organization STOP (Safe Tables Our Priority) that is made up primarily of victims and families of foodborne illness. He has also established a website, www.ericsecho.org, in his son's memory and for the purpose of educating others about the risks and possible tragic outcomes of foodborne illness. Mr. Mueller sums it up succinctly, "Irradiation is not a silver bullet, but rather one of the tools which should be used to reduce the risk of illness, and in my son's case, death."

Kennewick family sues almond producer

As the Associated Press' article Kennewick family sues almond producer reported today, a Kennewick family has sued California-based almond producer Paramount Farms, alleging the mother and two young children were sickened by salmonella-tainted almonds. Shawnna Morris and her two young children got sick in February after she purchased a package of raw almonds, produced by Paramount, at a store in Kennewick, in southeast Washington. All three were diagnosed with salmonella enteritidis.

Both Shawnna Morris and her 3-year-old daughter ate the nuts, said lawyer Bill Marler of Seattle. He alleges the family's 1-year-old son became ill from contact with his mother and sister.

Federal regulators have received reports of 25 people falling ill, most likely from raw almonds supplied by Paramount. The company has voluntarily recalled 13 million pounds of raw almonds nationwide, and the size of the recall appeared likely to grow as federal investigators continue to identify distributors and repackagers of almonds that originated from Paramount.

The recall covers millions of packages sold under a variety of brand names across the country, as well as almonds shipped to eight countries. The FDA has received reports of salmonella enteritidis in at least six states so far. No fatalities have been reported.

Young children, the elderly and people with weakened immune systems are especially vulnerable to infection from salmonella. Symptoms include fever, nausea, diarrhea, vomiting and abdominal pain.

Salmonella in almonds is rare. This is only the second reported outbreak. So far, investigators have found no trace of salmonella in any of the recalled almonds or at Paramount. Experts say it is possible the outbreak may never be traced to its source.

Marler Clark Sues Paramount Farms Over Salmonella-tainted Almonds

From today's Business Wire, Marler Clark is Suing Paramount Farms Over Salmonella-tainted Almonds. My firm filed a lawsuit against California-based almond producer, Paramount Farms on behalf of the Morris family of Kennewick, Washington, three of whom became seriously ill and required hospitalization after eating Salmonella-tainted raw California almonds produced by Paramount Farms and sold by Costco. The almonds were purchased in January 2004. At least 18 people, and likely more, have suffered Salmonella infection linked to the consumption of raw California almonds produced by Paramount Farms and sold under the Kirkland Signature, Trader Joe's, and Sunkist brands.

"There have been prior incidences of Salmonella-tainted almonds that have led to illnesses and recalls," said William Marler, attorney for the family. "Paramount Farms should have known this and taken appropriate precautions to make sure it didn't happen again."

In April 2001 the Canadian Food Inspection Agency warned the public not to consume California raw whole almonds after 140 people became ill with Salmonella infection.

"Eighteen people have become ill with Salmonella infection so far during this outbreak. I would be willing to speculate that the number of illnesses related to this outbreak will continue to rise," Marler added.

Salmonella bacteria 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, Salmonella can enter the bloodstream and can lead to arterial infections such as infected aneurysms, endocarditis, and arthritis. See also www.about-salmonella.com, www.foodborneillness.com, and www.salmonellablog.com.

Produce company sued over E. coli poisoning incident; FDA; Spokane Produce Inc., Escherichia coli outbreak at summer dance camp

The family of one of the teens that contracted E. coli poisoning at a Washington camp last summer has sued Spokane Produce Inc. County health officials implicated the firm's romaine lettuce as the possible source of infection. But Spokane Produce says the lawsuit hinges on a flawed investigation by local health officials and that the scientific evidence falls short of implicating the company's product.


Last July, health officials investigated an E. coli O157:H7 outbreak at a summer dance camp after some 50 campers complained of nausea, vomiting and other gastrointestinal symptoms. Investigators with the Spokane Regional Health District conducted several inspections of the camp, tested water samples, interviewed food service staff, and polled campers on diet choices in search of the cause of the outbreak. By July 31, 33 cases of E. coli O157:H7 were confirmed by culture in Spokane County. The food surveys showed a strong association between a salad offered at the camp and a culture-confirmed gastroenteritis, said a report issued by the Spokane Regional Health District.


At the same time, reports of E. coli infection sprung up in other locations; some samples matched the campers' stool samples, while others didn't. Those patients whose infection matched the campers remembered eating a salad containing romaine lettuce at Walla Walla and Spokane restaurants, both of which were later traced to Spokane Produce, said the local health department's report.


With data from the dance camp and the Walla Walla case, FDA moved quickly to implicate Spokane Produce's romaine lettuce as the culprit and issued a nationwide alert advising the public to throw out the company's bagged, prewashed, precut romaine lettuce. Sources say documents unearthed in preparation for the legal battle show Washington health officials were concerned that FDA moved too fast to issue the product withdrawal announcement.


Company says the investigation was mishandled.


FDA investigated the Spokane Produce plant, took hundreds of samples and found no evidence of E. coli O157:H7 at the company facility, nor has any E. coli O157 been found on any of the company's lettuce, said Gregory Arpin, an attorney who represents Spokane Produce.


The company says the investigation was mishandled, because health investigators sent out an incomplete survey to campers and employees who were asked whether they ate a Caesar salad with romaine lettuce at a July 11 dinner. Investigators failed to mention in the first survey that a tossed salad, with lettuce supplied from another company, was also offered that night. To clarify the survey, investigators sent another survey out on July 31-Aug. 1, just after FDA had sent out its July 29 nationwide warning about romaine lettuce. The risk ratio of people who got sick after eating the Caesar salad dropped when results of the second survey were analyzed, Arpin said.


Concerning the Walla Walla incident, documents show lettuce from Spokane Produce was either already consumed or thrown out by the time that person could have been served the salad, the company will argue. The surveys, which are critical in outbreak investigations, could raise questions about the scientific evidence supporting the government's charge that only romaine lettuce could have caused all the illnesses. The produce firm also suggests that other leads, such as whether the water supplied in the camp or whether at least one camper who showed up already sick at the Washington camp, weren't followed up on.


I say not enough was done.


Spokane Produce washed and cleaned the lettuce, but it was not enough. Kids still got sick. My client, Angela Hadley, developed hemolytic uremic syndrome, a life-threatening condition, and may have long-term kidney problems as a result of exposure to E. coli O157:H7. The likelihood that another source caused the outbreak is slim, since health investigators found other people whose illness matched the campers' fingerprint and who ate the lettuce.


The lawsuit is based largely on the county health department's report on the outbreak and the government's conclusion that the produce company should be held responsible for her illness. Even if FDA moved too quickly to issue the warning, it doesn't mean they got it wrong. An investigation of the Eastern Washington University Dining Service, which administered the meals at the camp, didn't identify any food handling practices that might have been a probable source of contamination of the salad.


The lesson for the industry is that produce companies need to learn as much as they can about their suppliers, make clear in contracts where the responsibility lies in the event of a mishap, and have sophisticated traceback systems in place. Some of the California farms that supplied the company's romaine lettuce followed better sanitation procedures than other suppliers.


For now, both sides of the case are waiting on a missing piece in the puzzle: the state health department's report on the outbreak. That report, which has been delayed due to internal personnel changes and competing public health priorities, is close to being completed and may be available in the next few weeks. It will include an analysis of the epidemiological evidence gathered in the case. FDA is not expected to issue a similar report.