The Lawsuit: We filed a wrongful death lawsuit against Safeway Inc, in the Superior Court of Santa Cruz on behalf of James Raymond Frey, 87, and the estate of his deceased wife, Shirlee Jean Frey, 81, who died tragically on December 2, 2014 after consuming a Listeria-tainted caramel apple purchased at the Safeway
Legal Cases
Are the Bidart Brothers’ Apples the Link to Listeria Outbreak?
On Christmas Eve, Happy Apples announced that it had been working with the FDA in its investigation of the current outbreak of Listeriosis that has sickened 31 in the U.S. and Canada, which has been associated with caramel apples. Apparently, Happy Apples recently received notice from Bidart Brothers, one of the apple suppliers to…
Happy Apples Likely Link in Multi-State Listeria Outbreak
Listeria is Thankfully Rare – About 1,600 people in the US get sick from Listeria germs each year.
However, Listeria is a Killer – Listeria is the 3rd leading cause of death from food poisoning.
Listeria Attacks the Most Vulnerable – At least 90% of people who get Listeria infections are either pregnant women and…
Two Listeria Illnesses Linked to Snoqualmie Gourmet Ice Cream
Commercial, pasteurized ice cream outbreaks are really quite rare – see Outbreak Database.
Yesterday, Snoqualmie Gourmet Ice Cream, Inc. issued a voluntary recall of all ice cream, gelato, custard and sorbet for all flavors and container sizes produced on or after January 1, 2014 until December 15, 2014 because these products have the potential to…
Caramel Apples, Yes Caramel Apples, Sicken 29 in 10 States with Listeria

“The thought that a caramel apple could sicken and kill people is a little disconcerting,” Bill Marler said. “It’s been hard for the family; it’s been a shock to them.”
As of December 22, 2014, a total of 29 people infected with the outbreak strains of Listeria monocytogenes have been reported from 10 states: Arizona…
Latest on the Multi-State Caramel Apple Listeria Outbreak
UPDATE – FIRST LAWSUIT FILED – COMPLAINT
The Ongoing Risk of Listeria:
Listeria monocytogenes is an organism, which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal…
A Botulism Tale: Two Young Women and One Jar of Pesto Sauce
THE 2014 VILLA ROMANO GREEN FARMS BOTULISM OUTBREAK
In late May 2014 John Napierski, purchased seven jars of VR Greens Farms (VRGF) Basil Pine Nut Pesto at a Farm Stand operated at the Bella Collina Towne and Golf Club in San Clemente, California. While on a road trip east, Mr. Napierski gave two jars to friends in Denver, Colorado. He then continued his trip to Ohio and gave two jars to his daughter, Kathryn (“Katy”), who was a nursing student working and attending college in Cincinnati. Katy and her friend, Arielle Allen, used a portion of one jar of pesto as an ingredient in a chicken pasta dish they cooked at home and shared on July 13. On July 15 Katy complained of a sore throat and difficulty swallowing. Arielle started to have similar symptoms on July 17. Over the next ten days both women continued to experience neurological symptoms. Both women had multiple medical encounters before botulism was suspected as the cause of their symptoms. Katy was admitted to Bethesda North Hospital on July 17 and transferred to the University of Cincinnati Medical Center on July 18. Arielle was admitted to the University of Cincinnati Medical Center on July 27 due to worsening bulbar and facial weakness. Arielle’s admission to the hospital prompted the attending neurologist to note her friendship with Katy and similarity in symptoms between the two women. He diagnosed both Katy and Arielle as having suspected botulism and notified public health authorities. Botulism antitoxin was obtained from the Centers for Disease Control and Prevention (CDC) and administered to Arielle on the evening of July 28. Serum and stool collected from Arielle and Katy did not test positive for C. botulinum. The toxin, however, was found in pesto sauce leftover from the chicken pasta meal.
Investigators at the City of Cincinnati Health Department and the Ohio Department of Health quickly determined that Katy and Arielle had shared a meal of pasta with chicken and jarred pesto sauce. During a visit to Arielle’s apartment, investigators found leftover chicken pasta with pesto in the apartment refrigerator. This was collected for laboratory testing for the presence of Clostridium botulinum toxin as was an unopened jar of pesto that Katy had. On July 29 Ohio investigators notified the CDC, the Food and Drug Administration (FDA), and the California Department of Public Health (CDPH) Food and Drug Branch (FDB) that two Ohio residents had botulism and that the suspected source was VRGF Basil Pine Nut Pesto. CDPH FDB contacted Dominic Romano, owner of VRGF, and informed him of the illnesses.Continue Reading A Botulism Tale: Two Young Women and One Jar of Pesto Sauce
Suit Filed in E. coli Death
AP reports that our clients, Melissa and Andrew Kay, whose 8-year-old son Joshua died after eating ground beef contaminated with E. coli O157:H7 filed suit against Whole Foods Market and Doniphan, Missouri-based Rain Crow Ranch, according to court documents. The couple is seeking unspecified damages.
The couple bought the grass-fed ground beef at a…
New Study Shows Real Risks of Raw Milk Consumption
A new study finds that between 2010 and 2012, five percent of all U.S. food-borne outbreaks with a known source were tied to raw milk. The research is in the CDC journal Emerging Infectious Diseases. [Elisabeth A. Mungai, Casey Barton Behravesh and L. Hannah Gould, Increased Outbreaks Associated with Nonpasteurized Milk, United States, 2007–2012…
San Francisco Burma Superstar E. coli O157:H7 Litigation Continues
I am off to the Seattle airport this morning heading to San Francisco to attend a status conference on the litigation pending between two young adults that suffered a modest infection and two siblings that developed hemolytic uremic syndrome (HUS) and a popular San Francisco restaurant – Burma Superstar. The restaurant was linked to an…
