March 2011

The Rhode Island Department of Health has linked 25 persons infected with Salmonella to Defusco’s zeppoles sold to American Bakery Supplies, in West Warwick, who then distributed the contaminated zeppoles to Roch’s Market and Touch of Class Catering in West Warwick (among other locations), and Meal Works in Coventry. Meal Works, which is a catering company, served the zeppoles at events on March and 18 at West Warwick Manor Senior Center, St John and Paul Church in Coventry, Sparrow Point (senior facility) in West Warwick, and Crescent Park Manor in Riverside. At least 10 have been hospitalized.

The CDC has linked 13 persons infected with the outbreak strain of Salmonella Panama have been linked to Del Monte Cantaloupe from Oregon (5 cases), Washington (4 cases), California (2 cases), Maryland (1 case) and Colorado (1 case). Reported dates of illness onset range from February 5, 2011 to February 23, 2011. Ill persons range in age from less than 1 year old to 68 years old, with a median age of 12 years old. Sixty-six percent are male. Among ill persons, two have been hospitalized and no deaths have been reported.

The CDC has linked 14 persons infected with the outbreak strain of E. coli serotype O157:H7 to Palmyra Bologna Products from Maryland (3 cases), New Jersey (2 cases), North Carolina (1 case), Ohio (2 cases) and Pennsylvania (6 cases). Reported dates of illness onset range from January 10, 2011 to February 15, 2011. Ill persons range in age from 1 to 70 years, with a median age of 13.5 years. 3 or 23%, reported being hospitalized, and none have reported hemolytic uremic syndrome (HUS), a type of kidney failure that is associated with E. coli O157:H7 infections. No deaths have been reported.

grandma.jpgSpecial Concerns of the Elderly

The occurrence of bacterial infection is a function of several major variables: (1) the virulence of the bacterial pathogen, that is, its ability to cause severe disease; (2) how the pathogen is transmitted to the “host”—for example, whether it is airborne, foodborne, blood borne, etc.; and (3) host susceptibility—i.e. how well the host can defend itself against the bacterial pathogen. Increased susceptibility, in turn, may result from two different processes: a bigger infectious dose in a given case of disease may cause a more severe infection, and physical characteristics particular to an individual host may render him or her less able to limit the spread of infectious microorganisms from the intestinal tract to the bloodstream.

Morbidity and mortality in the elderly from infectious disease is far greater than in other populations. For instance, death rates for infectious diarrheal disease alone are five times higher in people over 74 years of age than in the next highest group, children under four years of age, and fifteen times higher than the rates seen in younger adults. Published studies attribute the elderly’s heightened risks, both of infection and mortality due to enteric infectious disease, to several factors: (1) the aging of the gastrointestinal tract (reduced gastric acidity/reduced gastric mobility); (2) a higher prevalence of underlying medical disorders (co-morbidity factors); and (3) malnutrition and a decline in the immune response that leaves the host less able to defend itself against infectious agents.Continue Reading The Elderly at Heightened Risk in Salmonella and E. coli Outbreaks

Screen shot 2011-03-28 at 9.43.23 AM.pngOn or about August 4, 2010, the Centers for Disease Control and Prevention announced an outbreak of Salmonella serotype Baildon and Hartford illnesses linked to Taco Bell restaurant locations in many states, including New Jersey. Many of the illnesses involved in the outbreak occurred during late May and throughout the month of June 2010. On

Providence Journal writer W. Zachary Malinowski reported today that Rhode Island “Health officials said Sunday night that all 25 of those who have fallen ill (with salmonella) directly, or indirectly, got their Zeppoles from DeFusco’s Bakery. … Thirteen of the 25 have tested positive for salmonella poisoning, and 10 of them have been hospitalized after

zeppoles.jpgThe Rhode Island Department of Health (HEALTH) is investigating an outbreak of Salmonella, possibly related to yesterday’s recall of baked goods, including zeppoles. HEALTH has received reports of 19 people who are ill, with a common characteristic among many as having consumed zeppoles from DeFusco’s Bakery. Nine of the 19 people have tested

Screen shot 2011-03-25 at 2.51.07 PM.pngOn March 21, I raised the question – “Are we due for a Salmonella serotype Panama Cantaloupe Outbreak?” On March 22 Del Monte Fresh Produce N.A., Inc. (“Del Monte Fresh”) of Coral Gables, Florida recalled 4,992 cartons of cantaloupes, each containing 4 plastic mesh sleeves with 3 cantaloupes per sleeve, because they have the potential

This moring we got the news that the Federal Court will allow us to maintain a claim for punitive damages agaist Wright County Egg and its owner, Austin J. “Jack” DeCoster.  For those you may have forgotten:

According to the CDC, from May 1 to November 30, 2010, approximately 1,939 Salmonella Enteritidis illnesses were reported that are likely to be associated with this outbreak. According to the FDA, on August 13, 2010, Wright County Egg of Galt, Iowa, conducted a nationwide voluntary recall of shell eggs. On August 18, 2010, Wright County Egg expanded its recall. On August 20, 2010, Hillandale Farms of Iowa conducted a nationwide voluntary recall of shell eggs. The total number of eggs recalled was 500,000,000. We filed multiple lawsuits in Iowa Federal Court on behalf of people who contracted Salmonella Enteritidis after eating these eggs.

DeCoster-apologizes-for-salmonella.jpgWright County Egg’s owner, Austin J. “Jack” DeCoster has a long history of wanton and willful disregard for the rights and safety of those who purchase and consume its egg products. Beginning in 1982, egg production facilities owned and operated by Austin J. DeCoster, owner of Wright County Egg, have been repeatedly linked to outbreaks of Salmonella illnesses, including Salmonella Enteritidis outbreaks. According to a report in the New York Times, these outbreaks include:

  • In 1982, approximately 36 people were sickened, and one person died, in an outbreak of Salmonella enteritidis traced to an egg production facility owned and operated by Mr. DeCoster.
  • Eggs from the same DeCoster owned facility were suspected as the source of a simultaneous outbreak in Massachusetts that sickened 400 people.
  • In 1987, nine people died and roughly 500 were sickened in an outbreak of Salmonella enteritidis in New York City by eggs produced by farms owned and operated by Mr. DeCoster.
  • In 1992, eggs from Mr. DeCoster’s farm in Maryland were the source of a Salmonella outbreak in Connecticut.
  • Numerous state and local regulatory agencies—including New York and Maryland—have banned, quarantined or otherwise limited the sale of eggs from egg production facilities operated by Mr. DeCoster.

For the above reasons, and for the below findings by the FDA Inspection, we alleged that punitive damages were appropriate. Punitive damages are appropriate when the conduct of the defendant from which the claim arose constituted a willful and wanton disregard for the rights or safety of another. Iowa Code § 668A.1(1)(a). Willful and wanton disregard involves an intentional, unreasonable act “in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow.” Cawthorn v. Catholic Health Initiative Corp., 743 N.W.2d 525, 529 (Iowa 2007) (quoting Kiesau v. Bantz, 686 N.W.2d 164, 173 (Iowa 2004)).

Keep reading if you are not yet convinced:Continue Reading Punitive Damages are in the Wright County Egg Case – The Fox is now in the Hen House