The Marler Clark Network
Posted by Drew Falkenstein on April 30, 2010

Michigan, Ohio, and New York E. coli Outbreak Update

"e. coli outbreak" "Michigan e. coli" "Ohio E. coli" "New York e. coli"Not much new to report:  as many as 47 people sickened by E. coli O145 in an outbreak with recognized foodpoisoning cases in Michigan, Ohio, and New York.  There are 15 lab-confirmed cases of E. coli O145 in the three states, and 32 people whose illnesses are thought to be related to the outbreak, but whose stool tests are still pending. 

The Michigan E. coli O145 cases have occurred in Washtenaw County, which includes Ann Arbor, and the Ohio part of the outbreak has been confined to Columbus.  Recently, multiple New York cases were determined to be possibly linked to the E. coli O145 outbreak in Michigan and Ohio; and the New York cases appear to be college students as well attending Daemen College in Buffalo, New York.  It is thought that as many as 11 people at Daemen College, or in the general area, have been sickened with E. coli O145 in the outbreak.

So far, tests on four different kinds of foods (or maybe different types/variations of a single food?) have not returned a positive result for E. coli O145.  Misti Crane of the Columbus Dispatch reports as follows:

Tests on food from suspect sources in Michigan hasn't revealed anything to help investigators determine what sickened at least 15 people in a multistate E. coli outbreak that also includes New York and Ohio.

The samples tested in Michigan were not contaminated, which is not surprising because they were collected after people developed symptoms of infection, said Susan R. Cerniglia, spokeswoman for Washtenaw County Public Health.

Four food samples are being tested at the Ohio Department of Agriculture's lab in Reynoldsburg, but results were not available yesterday. Department spokeswoman Kaleigh Frazier has said the department will not disclose the types of food under investigation until and unless something is linked to the outbreak.

Posted by Bill Marler on April 29, 2010

William Marler, Food Safety Lawyer - "It is well past time for the USDA to declare that all shiga-toxin producing strains of E. coli are adulterants and ban them from our food supply."

“It is a shame that, in 2010, after years and years of outbreaks, there are still lethal strains of E. coli that some parts of our government do not regulate in the food supply. E. coli O157:H7 has been considered an adulterant in food since 1994 by USDA/FSIS, but non–O157 strains, which can be just as devastating, are not,” says food safety lawyer, William Marler.

As a result, non-O157 strains of E. coli are not regulated or even regularly tested for in our meat supply. Currently, there are two separate outbreaks emerging involving the non-O157 strains E. coli O1111 and E. coli O145. More than 50 people in these two outbreaks have fallen ill since April 7th although neither has yet been linked to a specific food product.

Like their notorious counterpart E. coli O157:H7, E. coli serogroups O26, O111, O145, and others have truly become a major public health problem. Annually in the United States they account for 37,000 illnesses and 30 deaths (Mead et al., 1999; Tozzi et al., 2003; Sonntag et al., 2004). Strains of E. coli O145 isolated from patients with sporadic illness ranked among the top six non-O157 serogroups submitted to the CDC by 43 state public health laboratories between 1983 and 2002 (Brooks et al., 2005). In a recent study that my law firm commissioned to discover the prevalence of non-O157 E. coli in retail hamburger samples, we found that approximately 1.9% of the 1216 ground beef samples tested were positive. And, this was ground beef sitting on store shelves, ready to be purchased and consumed. Serotypes included O26 (n=6), O103 (n=7), O113 (n=1), O121 (n=6) and O145 (n=3) (Samadpour, Beskhlebnaya and Marler (2009). This study is ongoing and final report on the 5,000 samples will be published this summer.

In October of 2009, Marler Clark filed a Petition with the USDA/FSIS for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1). FSIS has responded, but has only said that they are considering the petition. In addition to our Petition, recently the consumer advocacy group Safe Tables Our Priority (STOP) published a Press Release urging FSIS to declare "disease-causing E. coli's other than O157:H7 as adulterants in beef and begin testing for them." A few days ago, New York Senator Kirsten Gillibrand wrote to USDA Secretary Tom Vilsack, urging him “to respond formally to two petitions to the USDA’s Food Safety Inspection Services: 1) Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1) - Petition #09-03; and, 2) S.T.O.P.-Safe Tables Our Priority’s Call to Action and Public Petition.”

“It is well past time for the USDA to declare that all shiga-toxin producing strains of E. coli are adulterants and ban them from our food supply, “ added Marler

William Marler and Marler Clark have represented thousands of victims of E. coli and other foodborne illness outbreaks since 1993. Mr. Marler has recovered in excess of $500 million on behalf of victims of E. coli outbreaks beginning with the Jack-in-the-Box outbreak of 1993. Mr. Marler also manages the not for profit Outbreak Inc., where he speaks frequently of food safety issues.

Posted by Drew Falkenstein on April 29, 2010

Wal-Mart imposes more stringent standards on beef suppliers

"e. coli" "e. coli outbreak" "food poisoning"Cattlenetwork just reported that Wal-Mart, the biggest food retailer in the country, has taken a good step toward acheiving a significant reduction in E. coli contamination in the beef supply.  Cattlenetwork reports as follows:

Wal-Mart Stores, Inc., will require its beef suppliers use stricter tests for E. coli and other sickness-causing bacteria after U.S. meat recalls rose in recent years.

Beef suppliers must “significantly reduce potential contamination levels” and meet Wal-Mart’s new standards by June 2012, the Bentonville, Ark.-based company said in a statement today. The new standards also apply to suppliers for Wal-Mart’s Sam’s Club stores.

Wal-Mart’s heightened standards will provide an “additional layer” of protection for consumers beyond E. coli tests the meat industry already does, said Frank Yianna, Wal-Mart’s vice president for food safety.

“If you look at food recalls over the past two years, there’s been a significant increase,” Yianna said in a phone interview. “This is really a response to long-term trends in beef recalls.”

As the top U.S. food retailer, Wal-Mart’s new requirements are sure to affect many of the country’s biggest beef processors. Wal-Mart has “dozens” of beef suppliers, Yianna said, though he declined to name any.

Wal-Mart’s beef suppliers will be required to validate that the measures they’ve implemented are effective through specialized testing, today’s statement said.

Suppliers that don’t operate slaughterhouses must be in compliance with the new standards by June 2011, Wal-Mart said. Those that operate slaughterhouses have until June 2012.

If suppliers don’t meet the new standards, “we will stop doing business with them,” Yiannas said. “It is our intent that this is a firm deadline.”

Posted by Drew Falkenstein on April 28, 2010

As outbreaks abound, where is S 510 (a/k/a Food Safety Modernization Act)?

1.  Salmonella outbreak linked to Daniele Inc salami products, and, ultimately, to contaminated red and black pepper from Wholesome Spice Company and Overseas Mincing Spice Company.  252 people sickened in 44 states and the District of Columbia.

2.  Shigella outbreak linked to Lombard, Illinois Subway restaurant.  Hundreds ill.

3.  E. coli O111 outbreak linked to food served at Colorado prison.  At least 11 ill.

4.  E. coli O145 outbreak linked to common food item served in Ohio and Michigan.  47 confirmed illnesses; victims still being counted.

These are just a few examples of food safety events (or failures) in 2010.  In addition, one of the largest food recalls in history has occurred this year, concerning hydrolyzed vegetable protein (HVP) from Basic Flavors Foods in Nevada.

Meanwhile, S 510, the important food safety legislation that the House passed last year, sits mired in the Senate, awaiting debate and a vote.  The Food Safety Modernization Act would amend the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the authority of the Secretary of Health and Human Services (the Secretary) to regulate food, including by authorizing the Secretary to suspend the registration of a food facility.

Posted by Drew Falkenstein on April 28, 2010

Columbus Dispatch on Ohio Michigan E. coli outbreak: New York resident sickened in the outbreak too.

Today, Misti Crane of the Columbus Dispatch reported as follows on the growing outbreak of E. coli illnesses in Ohio and Michigan:

Health officials in New York have linked a person's illness there to the E. coli outbreak in Columbus and Ann Arbor, Mich., and are looking into at least a dozen more possible cases.

"We continue to review suspected cases. As a precaution, the department will issue a health-care provider alert statewide," New York State Health Department spokesman Jeffrey Hammond said in an e-mail.

The linked New York case is from Erie County, home to Buffalo, and the individual has recovered.

All five confirmed Columbus cases have now been genetically linked to the outbreak in Michigan, said Columbus Public Health spokesman Jose Rodriguez. Eight other probable cases are under evaluation.

The Ohio Department of Agriculture is testing four food samples; results might not be available for several days, said spokeswoman Kaleigh Frazier.

She would not name the types of food being tested or say if all four samples were the same type of food. The department's lab is responsible for tests on both produce and meat. Food items also are being tested in Michigan.

Students at Ohio State University and the University of Michigan are among those sickened in the outbreak. Hammond said he did not know if the New York resident was a college student.

Symptoms of E. coli include sometimes-bloody diarrhea and abdominal cramping. Most healthy adults can recover completely within a week, but those who are infected can develop a life-threatening condition called hemolytic uremic syndrome. Children are especially vulnerable.

Columbus Public Health officials want to hear from individuals who think they might have been infected. The number to call is 614-719-8888.

Posted by Drew Falkenstein on April 28, 2010

47 E. coli O145 illnesses now thought to be part of Ohio/Michigan E. coli outbreak

The E. coli O145 outbreak that has sickened as many as 47 people in Michigan and Ohio continues to evolve.  Misti Crane of the Columbus Dispatch today reported that the State of New York has confirmed that one of its residents was infected with a genetically indistinguishable strain of E. coli O145.  The outbreak is now likely over--at least, the food product that caused the outbreak is thought to be gone--but states, primarily Ohio and Michigan, continue to investigate recent reports of foodpoisoning illnesses and confirmed E. coli O145 infections. 

This is not to say, however, that the threat of illness is now over.  Secondary infection--i.e. where --is a well-known risk factor for those in the environment of an infected person, particularly living or working there. 

Whatever the current status of the contaminated food, the outbreak is now a major public health concern.  The States of Ohio and Michigan have already confirmed more than 20 people as part of the E. coli outbreak.  Multiple students of the Ohio State University and the University of Michigan have been infected, and reports suggest that the unlucky wolverines and others from Ann Arbor sickened in the outbreak were infected at multiple retail foodservice locations.  In contrast, based on reports thus far, it appears that the Columbus Ohio residents sickened in the outbreak were exposed at one restaurant.  It is not entirely clear where the New York resident who is counted as part of the outbreak was sickened in New York, or had recently traveled to Ohio and Michigan. 

Posted by Drew Falkenstein on April 28, 2010

Los Dos Amigos Salmonella Outbreak

Los Dos Amigos, a Mexican restaurant located in Roseburg, Oregon, may be the site of a Salmonella outbreak that sickened a number of people in mid-April.  Douglas County Public Health officials and the Oregon Department of Human Services are investigating the outbreak, which was originally discovered based on the reports of local medical providers.

Health officials' initial investigation results show that the seven people who have become ill ate at the Los Dos Amigos restaurant in downtown Roseburg from April 9 to April 17, according to a Douglas County Public Health news release. “The restaurant is fully cooperative and working with our agencies to help identify the source and address any issues,” Public Health Division Director Dawnelle Marshall said in the release. “At this point in time, no specific food item stands out as a likely source.” “Our primary concern is to make sure anyone who may be ill with salmonellosis is identified and to prevent the spread of the disease to others,” Marshall said.

Posted by Drew Falkenstein on April 28, 2010

Michigan/Ohio E. coli Outbreak Update

To update, two clusters of non-O157:H7 E. coli illnesses in Michigan and Ohio share the same genetic pattern and appear to be linked to a common food item.  10 Washtenaw County (MI) residents have suffered culture confirmed E. coli O145 infections, and the health department is awaiting stool test results on another 14.  Meanwhile, at least 5 Columbus, Ohio residents, including students at The Ohio State University, have also been confirmed as positive for E. coli O145, matching the Washtenaw County strain. 

Health officials say they are focusing on an area food distributor.  Laura Bauman, an epidemiologist with Washtenaw County Health, said there is a common link between both collections of reported cases in Washtenaw County and in Ohio and the food distributor they are investigating.

"Department of Agriculture officials are doing a 'trace-back' on the food products to determine the origin of the contamination," Bauman said.

When asked whether the contamination most likely occurred in the distribution or the production of the foods, Bauman said they are unable to determine that at this point and they are leaving that aspect of the investigation to the state's agriculture department investigators.

The good news:  Bauman said it has been a positive sign that they have not found a reported case from somebody outside of that time frame - meaning that, more than likely, the infected food product or products were exposed to E. coli for only a brief period of time.  As for the restaurant or restaurants involved in the outbreak, which have not been identified by health officials, Bauman said they are working closely with them but have not asked owners to stop using any specific distributor. "We don't have any answers right now. We won't ask them to take action until we have some more concrete answers," she said.

Multiple clusters of matching illness + regionally distributed food product + relatively confined exposure period (i.e. limited shelf-life) + pathogenic strain of E. coli = lettuce, spinach, or another leafy green? 

Posted by Drew Falkenstein on April 27, 2010

Carolina foodpoisoning outbreaks past: Western Sizzlin (2002) and Old South (2005)

Today' a foodpoisoning outbreak was announced in Durham, NC at a restaurant called "Bullock's Barbecue."  Though lab tests have not yet confirmed the organism responsible for sickening at least 15 people, health officials suspect that Salmonella is to blame. 

In 2002, a large Salmonella outbreak was associated with eating at the Western Sizzlin' Restaurant in Spruce Pine, North Carolina. Hamburger steak with gravy, fried chicken, and ham all tested positive for the presence of Salmonella Heidelberg. Two employees were found to be infected with the same strain of Salmonella Heidelberg. Both had eaten food that had been prepared at the restaurant so it was not clear if they were the source of the outbreak or if they were victims, like the patrons.

In May 2005, patrons of the Old South Restaurant in Camden, South Carolina, became ill with Salmonella Enteriditis after eating at the restaurant from May 19 - 21. The Old South Restaurant was a family-owned, buffet-style restaurant. Salmonella contamination was documented in the roasted turkey. The convection oven had malfunctioned, and therefore the turkey did not reach an internal temperature high enough to kill Salmonella.

Posted by Drew Falkenstein on April 27, 2010

Foodpoisoning outbreak at Durham's "Bullock's Barbeque" (Salmonella?)

NBC 17 just reported on a possible Salmonella outbreak linked to a well-known Durham, NC area barbeque restaurant called "Bullock's Barbeque."  At least 15 customers became sick.  The Durham County Health department says all the illnesses were reported after April 20 from people who had dined at the restaurant.  "County inspectors suspect Salmonella may be to blame, but are waiting for lab work to confirm that theory."

After officials began receiving reports of people becoming sick after eating there, the kitchen was the first thing health inspectors checked.

"We have gone to the restaurant and looked at their production process from beginning to end and have no problem with that," Harris said.

Heath officials say owner Tommy Bullock has cooperated fully as officials try to figure out how the pathogen was spread.

"We will be interviewing the employees of the restaurant to determine if any of them have been sick," Harris said.