On Thursday I will be speaking at the Minnesota Environmental Health Association (MEHA) on “Liability of Environmental Health Professionals for Alleged Negligent Inspections.” See the PowerPoint below:
I will also be filing another E. coli lawsuit against Taco Johns – this time in Minnesota on behalf of an Albert Lea family. For more information on
According to Eric Louie of the Contra Costa Times:
Raw spinach will be back on the menu in the San Ramon Valley school district beginning today, as the district’s food supplier lifts its self-imposed ban on the leafy vegetable. The U.S. Food and Drug Administration, according to the school district, issued a consumer alert on Sept. 14 advising consumers not to eat bagged spinach and some related products after incidents involving E. coli bacteria were reported. Sodexho School Services, the district’s food provider, immediately issued a ban on fresh spinach to all school districts it serves throughout the country, but now that ban has been lifted.
This is not Sodexho’s first experience with E. coli-tainted spinach. In October, 2003, the San Mateo County Health Services Agency (SMCHSA) commenced an investigation of an E. coli O157:H7 outbreak among residents and employees of The Sequoias Portola Valley retirement community in San Mateo County. The SMCHSA ultimately linked thirteen confirmed and three probable cases of E. coli O157:H7. Ten persons were hospitalized, and three people died. The SMCHSA’s investigation concluded that the E. coli O157:H7 outbreak and infections were associated with the consumption of food, most likely raw spinach, by the outbreak victims. The food was prepared and served to the facility residents by Sodexho, as a component of meals it prepared and served to residents.
We represented several of the victims of that outbreak. For a full report see www.MarlerClark.com, and continue reading below:Continue Reading Spinach Back on School Menu
On September 14, 2006 the U.S. Food and Drug Administration (FDA) released a “Warning on Serious Food borne E. coli O157:H7 Outbreak.” The FDA announced that a multi-state outbreak of E. coli O157:H7 that “may be associated with the consumption of produce.” The FDA stated that, “preliminary epidemiological evidence suggest that bagged fresh spinach may be a possible cause of this outbreak.” As of that date, 50 cases of illness had been reported to the Centers for Disease Control and Prevention (CDC), including 8 cases of HUS and 1 death. The impacted states were noted to include Connecticut, Idaho, Indiana, Michigan, New Mexico, Oregon, Utah and Wisconsin.
In the ensuing three weeks, the FDA issued numerous press releases reporting on the expanding size and scope of the outbreak. The releases also followed the FDA as it zeroed in on its conclusion that the source of the outbreak was Dole bagged spinach.
On September 15, the FDA issues an additional press release advising, “people not eat fresh spinach or fresh spinach containing products.” The FDA indicated that 94 cases of illness, including 14 cases of HUS and 1 death were now associated with the outbreak. The outbreak was identified as affecting 20 states. Concurrently, Natural Selection Foods (NSF) recalled all of its products containing spinach with “use by” dates from August 17, 2006 through October 1, 2006. The recall included Dole brand spinach.
New press releases on September 16, 17, 18, 19 updated the number of illness to 131, including 20 cases of HUS, 66 hospitalizations, and 1 death in 21 states. By this time there were two recalls, including the one initiated by NSF.
The FDA and CDC, in conjunction with local and state health agencies across the country continued its investigation of the outbreak. On September 20, the FDA reported that the New Mexico Department of Health had “linked a sample from a package of spinach with the outbreak strain of E. coli O157:H7.” The package had contained spinach eaten by a New Mexico outbreak member before becoming ill. The package of spinach that tested positive was “Dole Baby Spinach, Best if Used by August 30.” At the same time, the FDA indicated that it had no evidence that frozen spinach, canned spinach, or spinach in pre-made meals manufactured by food companies were affected, and announced those products safe to eat.
The following day, September 21, the FDA confirmed that the genetic testing done on the Dole bag in New Mexico was a match to the strain of E. coli O157 that had sickened what was then a reported 157 people across the country. The list of affected states had grown to 23.
On September 22, the FDA announced that the implicated spinach had all been grown in one or more of three counties in California, Monterey, San Benito, and Santa Clara. The FDA was working with the CDC to further narrow the area of implicated spinach. The outbreak had grown to 166 illnesses in 25 states.
On September 24, the FDA announced further laboratory confirmation of the outbreak. The Utah Department of Health and the Salt Lake Valley Health Department reported that another bag of Dole baby spinach had tested positive for the outbreak strain of E. coli O157:H7. The list of victims on that date included 173 illnesses, 27 cases of HUS, 92 hospitalizations and 1 death.
On September 29, the FDA announced its preliminary conclusions regarding the outbreak. The FDA announced that:
…all spinach implicated in the current outbreak has traced back to Natural Selection Foods LLC of San Juan Bautista, California. This determination is based on epidemiological and laboratory evidence obtained by multiple states and coordinated by the [CDC].
The FDA also updated the number of illnesses, and reported on numerous new laboratory findings of the outbreak strain of E. coli O157:H7 in bags of Dole baby spinach.
Over the ensuing 10 days, the FDA continued to update the number of illnesses, as well as the growing number of Dole baby spinach bags that had tested positive for the outbreak strain of E. coli O157:H7. On October 5, the U.S. Department of Justice issued the following press release:
The US Attorney’s Office for the Northern District of California announced that agents of the FBI and FDA Office of Criminal Investigations executed two search warrants today on Growers Express in Salinas, CA, and Natural Selection Foods in San Juan Batista, CA, in connection with the September 2006 outbreak of E. coli 0157:H7 that the FDA has traced to spinach grown in the Salinas area…United States Attorney Kevin V. Ryan stated that "I want to reassure the public that there is no indication in this investigation that leaf spinach was deliberately or intentionally contaminated. We are investigating allegations that certain spinach growers and distributors may not have taken all necessary or appropriate steps to ensure that their spinach was safe before it was placed into interstate commerce…
On October 12, the FDA reported that test results from the investigation of the outbreak indicated that environmental samples taken from the implicated fields on four ranches had tested positive for the outbreak strain of E. coli O157:H7. According to the FDA, the four fields were located in Monterey and San Benito counties.
The most recent tally from the FDA included 204 illnesses due to E. coli O157:H7 reported the CDC. This number included 31 cases of HUS, 102 hospitalizations, and 3 deaths. The FDA maintained its conclusion that all the implicated spinach was traced back to NSF. The FDA also reported 13 “confirmed product samples that contain the E. coli O157:H7 outbreak strain.” Each of these products was bagged Dole baby spinach.
Read more about E. coli O157:H7 outbreaks at Marler Clark. Read more on prior lettuce and spinach-related E. coli O157:H7 outbreaks, specifically the Dole outbreak of 2005 below:Continue Reading The 2006 Dole Spinach E. coli O157:H7 Outbreak
Bailey-Boushay House is a nationally recognized facility offering residential care and day health programs for people living with AIDS. The residential care program also provides care to those suffering from other life-threatening illnesses. Marler Clark has the honor to have been one of the main sponsors for the annual “Chef’s Dinner.” Denis Stearns is on
Workers at Arizona Subway Found to Have Hepatitis A
East Valley Tribune Mesa Friday, January 12, 2007 ?- Sarah J. Boggan
On Thursday, health officials in Pinal County said people who ate at a Subway restaurant at 1781 W. Hunt Hwy. from Dec. 10- 23 may have been exposed to hepatitis A. A food handler
Another outbreak of E. coli food poisoning has been traced to a farm in California — this time to an unidentified Central
According to Kelli Hernandez of the Valdosta Daily Times, 72 cases of Salmonella infection found in Lowndes County. She further reports that:
Following the investigation and interviewing patients infected, 72 cases of Salmonella Montevideo infections with indistinguishable patterns were reported with the onset of gastrointestinal illness between Aug. 21 and Nov. 15, and investigators were
David Dankwa wrote in Best’s Review – January 2007 – Highlights from BestWeek – Briefing
Eateries Lean on Reputation Covers
The E. coli outbreak linked to Taco Bell restaurants has left approximately 70 people sick in five states, creating a major change-control crisis for the fast-food chain.
As with many restaurants or food-service providers that have been linked to food-borne illnesses in the past, the costliest aspect of this crisis is not Taco Bell’s removal of potentially tainted green onions from its 5,800 restaurants nationwide, or the temporary closure of 18 stores, or expenses related to decontamination and cleanup of restaurants; it is the long-term damage to the company’s trade name.
No mention of the sickened. No mention of the costs incurred for medical treatment, lost wages and the costs of future medical treatment for those who may suffer kidney failure. Shame on you.Continue Reading Why I hate Insurance Companies
I’m flying back to Seattle tonight where it is only slightly colder than both the weather and my reception in Monterey this morning. The hearing today sponsored by the State of California at the Monterey County Fairgrounds was well attended – seems there were at least 200 (about 25 were press). It was great that
I am in Washington DC the first part of this week meeting with a variety of political leaders to push food safety. On Friday I will be in California to see the proposal of the leafy green industry unveiled. I must admit I was a bit amused at the following article recently published in Food in Canada:
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Making hay out of spinach
Food In Canada
Ronald L. Doering
www.foodincanada.com
The recent spinach recall was a nightmare for producers. But what happens when the lawyers move in?
By now everybody’s heard about the big recall of American spinach, and we’ve all seen the jokes with Popeye lying in his grave, still bravely clutching his can of spinach. There’s nothing funny though about the fact that more than 200 people were sickened in over 26 states and Canada, with approximately 100 hospitalizations and at least three direct deaths. The economic costs of this single outbreak are also staggering. Quite apart from the costs of lost time and medical care for the poisoned, the case has dramatically affected the share price of the spinach producers and owners, the US$2.5 billion bagged salad business, and the many distributors and retailers who were left holding the bag of $50 million worth of spinach that was on grocery store shelves, in restaurant refrigerators or in distribution warehouses when, on Sept. 14, the U.S. Food and Drug Administration (FDA) issued the advisory not to eat fresh bagged spinach and to throw it away. There have already been hundreds of lay-offs and several bankruptcies. With all this economic loss, the legal fights are just beginning. The lawyers are coming! The lawyers are coming!
Leading the pack is Bill Marler. This Seattle lawyer is the Wayne Gretzky of plaintiff’s lawyers for foodborne illness lawsuits.
Marler made his name and considerable fortune successfully suing food manufacturers and retailers for hundreds of millions of dollars over the last 13 years, starting in 1993 by negotiating a US$15.6-million settlement for Brianne Kiner with the Jack-in-the-Box restaurant chain arising from E. coli poisoning. After that he took on the organic juice maker Odwalla and settled for US$12 million for five children who were severely injured from drinking apple juice. As he says: “It’s my life. It’s 13 years of representing primarily little kids who get poisoned by big corporations.”
A review of his website, www.marlerclark.com, cites other notable victories against the food industry: a US$4.6million jury award on behalf of 11 children who became ill from E. coli food poisoning after eating a school lunch, and a US$6.25-million settlement on behalf of a man who was forced to receive a liver transplant after he became ill with hepatitis A food poisoning during an outbreak traced to green onions served in a restaurant.
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