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Food Poison Journal

Food Poisoning Outbreaks and Litigation: Surveillance and Analysis

Lawsuit to be Filed on Behalf of Brookline Woman Sickened with E. coli O157:H7

Source of illness traced to Adams Farm Slaughterhouse in Athol, Mass; product from Adams linked to multistate outbreak and recall

A lawsuit will be brought against Adams Farm Slaughterhouse, LLC (“Adams”) and Eva’s Farm Organic Butcher Shop, LLC (“Eva’s”) on behalf of Anne Boldys, a Brookline, Massachusetts resident, who contracted E. coli O157:H7 from contaminated ground beef distributed by the defendants. Adams and Eva’s are headquartered in Athol and Middleton, Massachusetts, respectively. Boldys is represented by Underberg & Kessler LLP of Rochester, NY and food safety law firm Marler Clark of Seattle, Washington.

Anne Boldys’ illness stemmed from ground beef purchased by her parents, Walter and Pat, from Eva’s on or about August 27. Eva’s manufactured and sold the ground beef, which was supplied by Adams.

Anne ate the ground beef on the day of purchase or the day after and, by September 2, was suffering with symptoms that included nausea, vomiting, and diarrhea. Her illness progressed to the point that she required hospitalization at the North Shore Medical center in Salem, Massachusetts from September 4 through September 8. She continues to slowly recover from her injuries.

“E. coli O157:H7 has a long and public history of being one of the most dangerous foodborne pathogens that can affect human health. Its victims often suffer for years after initial symptoms have faded. It’s a disgrace that, even with so many safeguards in place today, there are still outbreaks of E. coli O157:H7 in our food supply,” said Bill Marler, partner at Marler Clark. Marler is a longtime food safety advocate who has been representing victims of E. coli for over 20 years, beginning his career representing those made sickest during the 1993 outbreak traced back to the fast food chain Jack in the Box.

The Brookline Department of Public Health confirmed that Anne’s illness was a result of E. coli O157:H7 poisoning linked to a multistate outbreak and recall of beef, veal, and bison products from Adams. Seven people in Massachusetts, Pennsylvania, Connecticut, and West Virginia have become ill; five have required hospitalization for various symptoms related to their illnesses. The Centers for Disease Control and the U.S. Department of Agriculture Food Safety and Inspection are investigating.

“Folks should expect that the food they purchase at the market—whether it be fruits, greens, grains, dairy, or meat—is free of potentially lethal toxins. The food we buy should always be, at a minimum, safe to eat,” said Paul Nunes, partner at Underberg & Kessler LLP. “Quite frankly, Annie Boldys is lucky to have survived her experience.”

Meat from Adams was shipped to farmers’ markets, retail locations, including Eva’s, and restaurants in Massachusetts, Connecticut, and eastern New York. These products may have also been further distributed to neighboring states.

About Marler Clark

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of E. coli outbreaks and hemolytic uremic syndrome (HUS). The E. coli lawyers of Marler Clark have represented thousands of victims of E. coli and other foodborne illness infections and have recovered over $600 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our E. coli lawyers have litigated E. coli and HUS cases stemming from outbreaks traced to ground beef, raw milk, lettuce, spinach, sprouts, and other food products.  The law firm has brought E. coli lawsuits against such companies as Jack in the Box, Dole, ConAgra, Cargill, and Jimmy John’s.  We have proudly represented such victims as Brianne Kiner, Stephanie Smith and Linda Rivera.

About Underberg & Kessler LLP

Underberg & Kessler LLP has worked together with the Marler Clark firm for nearly 15 years on the prosecution of food-borne illness cases, including E. coli, salmonella and listeria cases.   Underberg & Kessler LLP and Marler Clark were two of the three  lead firms which successfully prosecuted  the class action  of 2500+ children and their families against the State of New York for the cryptosporidium outbreak at the state-run water park in Geneva, New York.    Partner Paul V. Nunes has perennially been recognized as a New York Best Lawyer for both plaintiff and defense work, as well as a Super Lawyer.

CDC weighs in on Multi-State E. coli Outbreak

big-map-9-22-16CDC, multiple states, and the U.S. Department of Agriculture Food Safety and Inspection Service (USDA-FSIS) are investigating a multistate outbreak of Shiga toxin-producing Escherichia coliO157:H7 (STEC O157:H7) infections.
Seven people infected with the outbreak strain of STEC O157:H7 have been reported from four states.

Five ill people have been hospitalized. No one has developed hemolytic uremic syndrome, a type of kidney failure, and no deaths have been reported.

Epidemiologic, traceback, and laboratory evidence indicate that beef products produced by Adams Farm Slaughterhouse in Athol, Massachusetts is a likely source of this outbreak.

On September 24, 2016, Adams Farm Slaughterhouse recalled beef, veal, and bison products due to possible E. coli O157:H7 contamination.

The products subject to recall have establishment number EST. 5497 inside the USDA mark of inspection and include several lot numbers and cuts of meat. The full list can be found on the USDA website.

These items were shipped to farmers’ markets, retail locations, and restaurants in Massachusetts, Connecticut, and eastern New York. The products may have been shipped to neighboring states.

We recommend that consumers, restaurants, and retailers do not use, serve, or sell the recalled meat products.

Don’t cook recalled meat products and eat them. Throw the meat out or return it to the place of purchase. If you throw it away, put it in a sealed bag in the trash so that children, pets, or other animals can’t eat it.

Remember to check freezers for recalled meat.

Adams Farm Slaughterhouse E. coli Outbreak

Adams Farm Slaughterhouse, LLC, an Athol, Mass., establishment, is recalling beef, veal, and Bison products that may be contaminated with E. col iO157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The raw intact and non-intact beef products originated from animals slaughtered on July 15, 25, and 27, 2016 and August 3, 8, 10, 11, 17, 24 and 26, 2016, and further processed and packed on various dates between July 21, and September 22, 2016.

  • The products subject to recall bear establishment number EST. 5497 inside the USDA mark of inspection and have lot numbers:
    120361, 121061, 121761, 121861, 122161, 122261, 122361, 122461, 122861, 123061, 123161, 123261, 123561, 123661, 123861, 124561, 125261, 125861, 125961, 124261, 120461, 120961, 121161, 121661, 124461, 125061, 126661.
  • The products subject to this recall include:
    WHOLE BEEF CARCASSES, BEEF CUTS, BEEF TRIM, BEEF FOR STEWING, BEEF FLAT IRON, CHUCK ROAST BONE/IN, CHUCK ROAST BONELESS, ROLLED CHUCK ROAST, STANDING RIB ROAST, ROLLED RIB ROAST, RIB EYE STEAK WITH/BONE, RIB EYE STEAK BONELESS, BONELESS RIB EYE STEAK, DELMONICO STEAK, SIRLOIN STEAK, NY STRIP STEAK, SIRLOIN STRIP STEAK, T-BONE STEAK, PORTERHOUSE STEAK, TENDERLOIN STEAK, BONELESS NY SIRLOIN STEAK, SIRLOIN STEAK, NY SIRLOIN STEAK BONE/IN, EYE ROUND ROAST, TOP ROUND STEAK, TOP ROUND ROAST, BEEF KABOBS MADE FROM TOP ROUND, SHOULDER ROAST, LONDON BROIL STEAK CUT FROM THE SHOULDER, BOTTOM ROUND ROAST, FACE RUMP ROAST, TRI TIP ROAST, LONDON BROIL STEAK MADE FROM ROUND, SKIRT STEAK, FLANK STEAK, GROUND BEEF, GROUND BEEF PATTIES, BEEF LOIN NY SHELL STEAK, BEEF CLUB STEAK, BEEF HEART, BEEF LIVER, BEEF OXTAIL, WHOLE LIVER, BEEF BRISKET, WHOLE TENDERLOIN, FACE RUMP, BOTTOM ROUND FLAT, WHOLE CHUCK BONE/IN, WHOLE CHUCK BONELESS, WHOLE RIB EYE, WHOLE SIRLOIN STRIP, TOP BUTT, WHOLE TOP ROUND, AND BEEF SOUP BONES (SHANKS).
  • VEAL WHOLE CARCASS, VEAL CUTS, VEAL TRIM, OSSO BUCO, VEAL STEW MEAT, GROUND VEAL, VEAL SHOULDER, VEAL RIB CHOPS, VEAL LOIN CHOPS, VEAL STEAKS, VEAL ROUND STEAK, VEAL CUTLETS, VEAL TENDERLOIN, VEAL ROAST.
  • The recalled product includes product from Bison slaughtered on August 17:
    BISON CUTS, BISON TRIM, BISON FOR STEWING, BISON FLAT IRON, CHUCK ROAST BONE/IN, CHUCK ROAST BONELESS, ROLLED CHUCK ROAST, STANDING RIB ROAST, ROLLED RIB ROAST, RIB EYE STEAK WITH/BONE, RIB EYE STEAK BONELESS, BONELESS RIB EYE STEAK, DELMONICO STEAK, SIRLOIN STEAK, NY STRIP STEAK, SIRLOIN STRIP STEAK, T-BONE STEAK, PORTERHOUSE STEAK, TENDERLOIN STEAK, BONELESS NY SIRLOIN STEAK, SIRLOIN STEAK, NY SIRLOIN STEAK BONE/IN, EYE ROUND ROAST, TOP ROUND STEAK, TOP ROUND ROAST, BISON KABOBS MADE FROM TOP ROUND, SHOULDER ROAST, LONDON BROIL STEAK CUT FROM THE SHOULDER, BOTTOM ROUND ROAST, FACE RUMP ROAST, TRI TIP ROAST, LONDON BROIL STEAK MADE FROM ROUND, SKIRT STEAK, FLANK STEAK, GROUND BISON, GROUND BISON PATTIES, BISON LOIN NY SHELL STEAK, BISON CLUB STEAK, BISON HEART, BISON LIVER, BISON OXTAIL, WHOLE LIVER, BISON BRISKET, WHOLE TENDERLOIN, FACE RUMP, BOTTOM ROUND FLAT, WHOLE CHUCK BONE/IN, WHOLE CHUCK BONELESS, WHOLE RIB EYE, WHOLE SIRLOIN STRIP, TOP BUTT, WHOLE TOP ROUND, AND BISON SOUP BONES (SHANKS).

These items were shipped to farmer’s markets, retail locations, and restaurants in Massachusetts, Connecticut, and eastern New York. The products may have been shipped to neighboring states in the immediate area.

FSIS was notified of an investigation of E. coli O157:H7 illnesses on September 16, 2016. Working in conjunction with the Connecticut Department of Public Health, the Massachusetts Department of Public Health, and the Centers for Disease Control and Prevention, FSIS determined that there is a link between beef from Adams Farm Slaughterhouse and this illness cluster. Based on the epidemiological investigation, 7 case-patients have been identified in Connecticut, Massachusetts, Pennsylvania, and West Virginia with illness onset dates ranging from June 27, 2016 to September 4, 2016. Traceback information was available for 5 case-patients and indicated that all 5 case-patients consumed beef products supplied by Adams Farms Slaughterhouse. FSIS continues to work with public health partners on this investigation and will provide updated information as it becomes available.

E. coli O157:H7 is a potentially deadly bacterium that can cause dehydration, bloody diarrhea and abdominal cramps 2–8 days (3–4 days, on average) after exposure the organism. While most people recover within a week, some develop a type of kidney failure called hemolytic uremic syndrome (HUS). This condition can occur among persons of any age but is most common in children under 5-years old and older adults. It is marked by easy bruising, pallor, and decreased urine output. Persons who experience these symptoms should seek emergency medical care immediately.

FSIS and the company are concerned that some product may be frozen and in consumers’ freezers.

Consumers who have purchased these products are urged not to consume them.

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of E. coli outbreaks and hemolytic uremic syndrome (HUS). The E. coli lawyers of Marler Clark have represented thousands of victims of E. coli and other foodborne illness infections and have recovered over $600 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our E. coli lawyers have litigated E. coli and HUS cases stemming from outbreaks traced to ground beef, raw milk, lettuce, spinach, sprouts, and other food products.  The law firm has brought E. coli lawsuits against such companies as Jack in the Box, Dole, ConAgra, Cargill, and Jimmy John’s.  We have proudly represented such victims as Brianne Kiner, Stephanie Smith and Linda Rivera.

If you or a family member became ill with an E. coli infection or HUS after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark E. coli attorneys for a free case evaluation.

129 struck by Hepatitis A from Tropical Smoothie Café

As of 12:00 pm on September 23, 2016, 104 Virginia residents who had tested positive for hepatitis A reported consuming a smoothie at Tropical Smoothie Café prior to becoming ill. Approximately 35% of the residents, for whom information is available, have been hospitalized for their illness. The 104 ill residents range in age from 14-70. Onsets of illness for the 104 cases range from early May through September. The count by region is: 59 Northern, 15 Northwest, 17 Eastern, 13 Central, 0 Southwest.

As of August 16, 2016 the CDC reports 119 people with hepatitis A have been reported from eight states: Arkansas (1), Maryland (12), New York (3), North Carolina (1), Oregon (1), Virginia (94), West Virginia (6), and Wisconsin (1).
47 ill people have been hospitalized. No deaths have been reported.

Therefore, the best latest count is 129.  However, other states that have illnesses (from people who visited Virginia and consumed Tropical Smoothies) have not yet reported those illnesses.