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Food Poison Journal

Food Poisoning Outbreaks and Litigation: Surveillance and Analysis

Marler Clark to File 11th Salmonella Cucumber Lawsuit

Screen Shot 2015-10-04 at 6.38.18 AMAs of September 28, 2015, 671 people infected with the outbreak strains of Salmonella Poona have been reported from 34 states. The number of ill people reported from each state is as follows: Alabama (1), Alaska (13), Arizona (112), Arkansas (9), California (164), Colorado (17), Hawaii (1), Idaho (22), Illinois (8), Indiana (2), Iowa (5), Kansas (2), Kentucky (1), Louisiana (5), Minnesota (34), Missouri (10), Montana (14), Nebraska (5), Nevada (13), New Mexico (30), New York (5), North Dakota (3), Ohio (2), Oklahoma (12), Oregon (19), Pennsylvania (2), South Carolina (9), South Dakota (1), Texas (33), Utah (51), Virginia (1), Washington (21), Wisconsin (38), and Wyoming (6).

During the several days before August 16, 2015, I.B.’s grandmother purchased cucumbers on at least one occasion from a grocery store in Utah. One or more of these retail grocery locations in had received and sold contaminated cucumbers distributed by the defendant. I.B. consumed the contaminated cucumbers on August 16. Symptoms began on or about August 21, 2015, and included a headache, nausea, vomiting, and fatigue.

The next day, while the family was at a baseball game in Salt Lake City, I.B. developed a fever as well. Late that evening, I.B. began vomiting profusely and began to suffer repeated bouts of diarrhea as well. In the early morning hours of August 23, Rebecca Busico took her daughter to an urgent care clinic for medical attention. She was treated and released the same day.

I.B.’s symptoms continued over the next several days. On Tuesday, August 25, I.B.’s bouts of diarrhea became bloody. On Wednesday evening, I.B. saw her pediatrician, who sent her to the emergency department at Mountain West Medical Center. At the ER, a stool sample was secured for testing. I.B. underwent testing and was administered various medications before being transferred to Primary Children’s Hospital.

I.B. was admitted to Primary Children’s Hospital in Salt Lake City at approximately 2 AM on Thursday, August 27. I.B. was admitted to a private isolated room due to her likely infectious condition. She continued to suffer from fevers, severe headaches, bloody diarrhea, and other related symptoms. I.B. remained hospitalized until Friday, August 28. By this point, I.B.’s diarrhea had slowed significantly.

On Saturday, I.B. was seen by her pediatrician again, who advised her parents to keep track of her temperature, fluid intake, food intake, and urine output. The pediatrician also ordered urine testing, which ultimately showed that I.B. had also developed a urinary tract infection.

I.B. continued to suffer from fevers and other symptoms for several days. She also suffered significant discomfort associated with her urinary tract infection. I.B. missed the first week of school and, as a result, had to be placed in lower level courses to begin the year.

Mr. and Mrs. Busico learned that I.B. had tested positive for Salmonella the day after she left Children’s hospital. They were informed that the State health department was in possession of I.B.’s stool sample, doing further diagnostic testing on the sample. Later in September 2015, Mr. and Mrs. Busico learned that their daughter’s Salmonella infection was connected to the Defendant’s cucumbers.

Busico Complaint

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Salmonella outbreaks. The Salmonella lawyers of Marler Clark have represented thousands of victims of Salmonella and other foodborne illness outbreaks 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 Salmonella lawyers have litigated Salmonella cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, tomatoes, ground turkey, salami, sprouts, cereal, peanut butter, and food served in restaurants. The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart.

More Macadamia Nuts Recalled

Texas Star Nut and Food Co. Inc. is recalling Nature’s Eats, Natural Macadamia Nuts 6 oz. and Southern Grove, Simply Raw Trail Mix 8 oz., because of a Salmonella health risk.

The above products have the potential to be contaminated with Salmonella, an organism which can 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, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (e.g., infected aneurysms), endocarditis and arthritis.

No illnesses have been reported in relation to this product to date.

These products were distributed to retail locations in Texas, North Carolina, Florida, Georgia and Tennessee. The products were sold between 6/20/2015 and 9/9/2015. This notification is intended to inform consumers that may still have any of the above listed products in their possession.

The recall was as the result of a routine, random sampling program conducted by a FDA- contracted lab, which revealed that the Nature’s Eats Natural Macadamia Nut product contained Salmonella.

More Green Beans Recalled

General Mills is recalling 60,000 bags of its Cascadian Farm frozen green beans after one package tested positive for Listeria. It is the second time this year that the bacteria were found in the company’s green beans.

Cascadian-green-beans_406x250The Minneapolis-based food company says no illnesses have been reported in either case. Listeria can cause fever, muscle aches, and even death.

The recall, announced Friday, Oct. 2, 2015, is for 16-ounce bags of Cascadian Farm green beans with a “Better If Used By” date of June 29, 2017. The bags were produced in June 2015.

In August, General Mills recalled 60,000 bags of Cascadian Farm green beans in 10-ounce packages. They were produced in March 2014 and had use-by dates of April 2016.

Aspen Foods Recalls More Salmonella Chicken

Aspen Foods, a Chicago, Ill. establishment, is recalling approximately 561,000 pounds of frozen, raw, stuffed and breaded chicken products that appear to be ready-to-eat (RTE)  and may be contaminated with Salmonella Enteritidis, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The frozen, raw, stuffed, and breaded chicken items that appear to be ready-to-eat (RTE) were produced between August 25, 2015 and September 17, 2015 with “best if used by” dates of August 23, 2016 to December 15, 2016. To view a full list of products recalled as part of this expansion that are Not-Ready-To-Eat, please click here. To view a full list of products recalled as part of this expansion that are part of a variety pack, please click here.The brands associated with this recall expansion include: [View Labels]

  • Acclaim
  • Antioch Farms
  • Buckley Farms
  • Centrella Signature
  • Chestnut Farms
  • Family Favorites
  • Home Dining Selections
  • Kirkwood
  • Koch Foods
  • Market Day
  • Oven Cravers
  • Rose
  • Rosebud Farm
  • Roundy’s
  • Safeway Kitchens
  • Schwan’s
  • Shaner’s
  • Spartan
  • Sysco

Following the original recall on July 15, 2015, FSIS conducted intensified sampling at this establishment to ensure that the hazard responsible for the initial contamination had been controlled by Aspen Foods. Results from FSIS sampling revealed positive results that matched the outbreak strain of Salmonella Enteritidis to Aspen Foods products. With this and additional information, Aspen Foods chose to recall additional products in an effort to prevent additional illness. The scope of this recall expansion now includes all products associated with contaminated source material.

On July 15, 2015, Aspen Foods recalled approximately 1,978,680 pounds of frozen, raw, stuffed, and breaded chicken items that appear to be ready-to-eat (RTE) were produced between April 15, 2015 and July 10, 2015 with “best if used by” dates between July 14, 2016 and October 10, 2016. To view a full list of recalled products, please click here | Download XLS.  The brands associated with this recall are the same as those listed above.

The product subject to recall bears the establishment number “P-1358” inside the USDA mark of inspection. This product was shipped to retail stores and food service locations nationwide.

FSIS was notified of a cluster of Salmonella Enteritidis illnesses on June 23, 2015. Working in conjunction with Minnesota State Departments of Health and Agriculture, FSIS determined that there is a link between the frozen, raw, stuffed and breaded chicken products that appear to be ready-to-eat (RTE) from Aspen Foods and this illness cluster. Based on epidemiological evidence and traceback investigations, five case-patients have been identified in Minnesota with illness onset dates ranging from May 9, 2015 to July 22, 2015. FSIS continues to work with the Minnesota Departments of Health and Agriculture as well as the Centers for Disease Control and Prevention on this investigation.

Consumption of food contaminated with Salmonella can cause salmonellosis, one of the most common bacterial foodborne illnesses. The most common symptoms of salmonellosis are diarrhea, abdominal cramps, and fever within 12 to 72 hours after exposure to the organism. The illness usually lasts 4 to 7 days. Most people recover without treatment. In some persons, however, the diarrhea may be so severe that the patient needs to be hospitalized. Older adults, infants, and persons with weakened immune systems are more likely to develop a severe illness. Individuals concerned about an illness should contact their health care provider.

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