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Food Poison Journal Food Poisoning Outbreaks and Litigation: Surveillance and Analysis

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Wellesley Massachusetts Health Department Conducting an E. coli Investigation

Wellesley Health Department (WHD) received notice by the Massachusetts Department of Public Health’s (MDPH) surveillance system on June 12, 2013 of a case of E. coli in a Wellesley resident.

The public health nurse at WHD promptly began an investigation. This investigation has expanded to include the State health department (MDPH), as well as WHD staff.

It has been brought to the WHD’s attention that additional cases of E. coli will be included in the investigation.

The origin of the cases’ illness is being investigated.

Rumors have been circulating that the cause of the illnesses has been linked to a local supermarket. At this point, no local supermarkets are a focus of the investigation.

WHD will provide updates as warranted.

Townsend Hepatitis A Toll Rises to 61

As of June 5, 2013, 61 people with acute hepatitis A infections that may be linked with consumption of a contaminated product have been reported by seven states: Arizona, California Colorado, Hawaii, Nevada, New Mexico, and Utah.

The product was sold at Costco warehouse stores under the product name Townsend Farms Organic Antioxidant Blend, 3 lb. bag and UPC 0 78414 404448. The recalled codes are located on the back of the package with the words “BEST BY”; followed by the code T012415 sequentially through T053115, followed by a letter. All of these letter designations are included in this recall for the lot codes listed above.

The product was also sold at Harris Teeter stores from April 19 until May 7, 2013, under the product name Harris Teeter Organic Antioxidant Berry Blend, 10 oz. bag UPC 0 72036 70463 4. The correct “Lot” and “best by” codes are as follows: Lot Codes T041613E, T041613C and a “BEST BY” code of 101614.

Hepatitis A:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A 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 Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food.  The law firm has brought Hepatitis A lawsuits against such companies as Subway, McDonald’s, Chipotle, Quiznos and Carl’s Jr.

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

College Station Texas Coco Loco Source of E. coli Outbreak

College Station Coco Loco restaurant was the source of the E. coli that caused illnesses in the Bryan/College Station area, according to health officials.  At a Brazos County Health Department press conference Tuesday afternoon, officials stated they had tracked the bacteria back to ground beef at the Coco Loco location in the 300 block of George Bush Drive. While they said it was not a 100 percent certainty, they said it was “highly likely.”

In all, there were five confirmed cases of E. coli from April, including two children who were hospitalized in Houston. Five other cases were unconfirmed.

E. coli:  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.

Chubbuck Idaho Papa Murphy’s Patrons at Risk for Hepatitis A

Local health officials say customers of Papa Murphy’s in Chubbuck may have been exposed to Hepatitis A on April 19th , 20th, or 21st, as an employee there was confirmed on May 2nd as having the disease.   Currently, there is no evidence of a hepatitis A outbreak associated with Papa Murphy’s in Chubbuck.

Officials say while the risk to public health is low, the possibility exists that Papa Murphy’s customers could have been exposed to hepatitis A.

The Chubbuck store will be closed Friday, May 3, for a full store cleaning, and will reopen on Saturday, May 4.

Southeastern Idaho Public Health is recommending that those persons who are not immune to hepatitis A (due to previous vaccination or previous illness) and who have eaten uncooked food (for example, uncooked cookie dough, uncooked pizza toppings, or salad) from Papa Murphy’s in Chubbuck on April 20th or 21st receive hepatitis A vaccine or immune globulin (IG) immediately. In addition, anyone who has consumed uncooked food from Papa Murphy’s in Chubbuck from April 6th-April 18th should contact their medical provider if they are exhibiting any symptoms of hepatitis (please see below).

Please consider the following when deciding to call to make an appointment:

• If you consumed uncooked food from Papa Murphy’s in Chubbuck on April 19th, 20th, or 21st, you can benefit from the vaccine, which is very effective in preventing illness, but you must get the vaccination immediately. The vaccine is recommended for children and adults from the ages of 12 months to 40 years of age who are not pregnant, immune-compromised or have chronic liver disease.

• If you are over 40 years of age, pregnant, immune-compromised, have chronic liver disease or are an infant under 12 months of age, and ate uncooked food from Papa Murphy’s in Chubbuck on April 19th, 20th, or 21st, immune globulin (IG) is available for prevention of infections.

• Because neither the hepatitis A vaccine, nor the immune globulin, will protect you if you ate uncooked food from Papa Murphy’s between April 6th and April 19th you should watch for symptoms of hepatitis A (please see below). If you experience symptoms, please contact your medical provider.
Hepatitis A is a liver disease caused by the hepatitis A virus. Hepatitis A can affect anyone. Hepatitis A virus is usually spread by eating or drinking food items that have been contaminated with hepatitis A from someone who hasn’t properly washed their hands after using the bathroom.
Symptoms usually occur abruptly and may include:

• Fever
• Loss of appetite
• Abdominal discomfort
• Jaundice (yellowing of the skin & eyes)
• Tiredness
• Nausea
• Dark urine

For more information on hepatitis A, please visit Southeastern Idaho Public Health’s website at www.siphidaho.org or call 234-5888.

Mexican Cucumbers Link to US Salmonella Outbreak

The CDC reports a total of 73 persons infected with the outbreak strain of Salmonella Saintpaul have been reported from 18 states. The number of ill persons identified in each state is as follows: Arizona (9), California (28), Colorado (1), Idaho (2), Illinois (3), Louisiana (1), Massachusetts (1), Maryland (1), Minnesota (8), Nevada (1), New Mexic0 (2), North Carolina (1), Ohio (1), Oregon (2), South Dakota (2), Texas (6), Virginia (2), and Wisconsin (2).

27% of ill persons have been hospitalized, and no deaths have been reported.

State public health officials are interviewing ill persons to obtain information regarding foods they might have eaten and other exposures in the week before illness.

Preliminary information indicates that consumption of imported cucumbers is the likely source of infection for the ill persons.

On April 24, 2013, the U.S. Food and Drug Administration placed Daniel Cardenas Izabal and Miracle Greenhouse of Culiacán, Mexico on Import Alert.

Cucumbers from these two firms will be denied admission into the United States unless the suppliers show that they are not contaminated with Salmonella.

Attorney for Frozen Snack Food E. coli Outbreak Victims: Manufacturer Should Pay Victims’ Medical Bills and Lost Wages

William Marler, attorney for victims of the recent E. coli O121 outbreak that public health officials have linked to frozen Farm Rich pizza, cheese steaks and quesadillas, called on the company today to pay all E. coli outbreak victims’ out-of-pocket medical costs and lost wages for missed time off work to care for themselves or family members suffering from E. coli infections.  According to the Centers for Disease Control and Prevention, at least 27 residents of 15 states are part of the E. coli outbreak.  One-third of E. coli outbreak victims have been hospitalized, with one developing hemolytic uremic syndrome, a complication of E. coli infection that can cause kidney failure.

On March 28, Rich Products Corporation recalled approximately 196,000 pounds of its Farm Rich frozen heat-treated, but not fully cooked frozen mini meals and snack items for potential E. coli O121 contamination.  The company expanded its recall on April 4 to include 10,500,000 pounds of Farm Rich foods, which were sold at various retailers nationwide.

“Even for people with health insurance, medical bills can be a financial strain,” said William Marler, the country’s preeminent attorney representing E. coli outbreak victims.  “Parents miss time off of work to care for their children; husbands and wives take time off to care for one another.  Rich Products’ failure to produce a safe product impacted not only their physical health but also their financial health.  The company should make an effort to restore its customers’ financial health as soon as possible.”

Marler noted that victims of E. coli outbreaks who develop hemolytic uremic syndrome can accumulate tens, if not hundreds of thousands of dollars in medical bills and that health department investigations into E. coli outbreaks can cost taxpayers even more.

“Farm Rich should also reimburse local health departments for the costs incurred to investigate this outbreak,” he concluded.

BACKGROUND:  William Marler is managing partner of Marler Clark, The Food Safety Law Firm, 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. 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.

Farm Rich E. coli outbreak: post-recall risks to consumers

The Farm Rich E. coli outbreak has prompted the recall of close to 100 tons of potentially contaminated Farm Rich frozen products.  These include:

  • 7.2-oz. cartons of Farm Rich mini pizza slices with cheese pepperoni and sauce in pizza dough, UPC code 041322376909 with a best by date of May 15 or May 16, 2014.
  • 22-oz. cartons of Farm Rich mini pizza slices with cheese pepperoni and sauce in pizza dough, UPC code 041322356437 with a best by date of May 15 or May 16, 2014.
  • 18-oz. bags of Farm Rich mini quesadillas with cheese, grilled white meat chicken in a crispy crust, UPC code 041322356352 with a best by date of May 14, 2014.
  • 21-oz. bags of Farm Rich philly cheese steaks with cheese, beef & onions in a crispy crust, UPC code 041322356345 with a best by date of May 13, 2014.
  • 22-oz. cartons of Farm Rich mozzarella bites in a pizzeria style crust, UPC code 041322374431 with a best by date of May 19, 2014.
  • 7-oz. cartons of Farm Rich mozzarella bites in a pizzeria style crust, UPC code 041322376916 with a best by date of May 19, 2014.
  • 22-oz. bags of Market Day Mozzarella Bites, UPC code 041322804358 with a best by date of May 12, 2014.

 

Consumers need to still be wary of potentially contaminated product. Given the widespread distribution of recalled 100 tons of product, it may still be in many freezers.  The average consumer does not get regular updates from www.foodpoisonjournal.com, www.marlerblog.com, or the USDA and FDA recall websites.

People have gotten ill before in large numbers from already-recalled product. The above chart shows how many people became ill AFTER the October 11, 2007 recall of Con Agra pot pies.

Nine E. coli Cases in Hawaii

Lisa Kubota of Hawaii News Now reports that investigators with the Hawaii Department of Health are looking into at least nine people have now become ill from E. coli O157:H7.  The confirmed cases consist of three adults and six children. All of them live on Oahu except for a Canadian visitor who spent time on Oahu, but was later diagnosed on the Big Island. Officials are having trouble pinpointing the source of the infections.

Oahu healthcare providers recently received a letter from health officials warning them to be on the lookout for E. coli O157:H7. Around the same time, Dr. James Ireland saw a 67-year-old patient with symptoms like severe diarrhea and abdominal cramps.  Ireland said the man is now recovering after being hospitalized. There have been a total of 11 cases so far this year, including two unrelated to the current cluster. There were 20 last year, 9 the previous year, and 29 in 2010.

According to the state, three of the children in this latest group developed a life-threatening complication called Hemolytic Uremic Syndrome.

E. coli:  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.

Marler to Present on Food Safety at Health Journalism Conference

BOSTON, MA (March 15, 2013)—Attorney Bill Marler, the nation’s leading lawyer representing victims of foodborne illness, will address health journalists during a panel on food safety at the Society of Health Care Journalists’ Health Journalism conference this Saturday.  The panel presentation is part of a workshop titled, “Why is food still making us sick in the 21st century,” which will be held at 10:40am at the Seaport World Trade Center in Boston.  On the panel is:

  • Will Daniels, senior vice president, operations and organic integrity, Earthbound Farm
  • William (Bill) D. Marler, J.D., managing partner, Marler Clark
  • Michael R. Taylor, J.D., deputy commissioner for foods, U.S. Food and Drug Administration
  • Moderator: Deborah Schoch, senior writer, CHCF Center for Health Reporting

Marler will discuss how avoiding foodborne illness outbreak litigation has become an incentive for companies to implement strict food safety standards.  He will use real-life examples to illustrate that documents uncovered during litigation can prove companies knew (or should have known) they had a food safety problem before customers began getting sick and will emphasize that in a global food economy, knowing the food safety records of the entire supply-chain is critical.

“It is an honor to be on a panel with Mike and Will.  Mike has long been a hero of mine since he announced in 1994 that E. coli O157:H7 was an adulterant.  That decision has save countless lives over the last 20 years.  Will and I were on opposite sides of the 2006 spinach E. coli O157:H7 outbreak.  However, Will has moved his company into the leader in food safety in the leafy green industry,” aid Marler, who began representing victims of foodborne illness in 1993, during the Jack in the Box E. coli outbreak.

Marler continued, “What I’ve learned throughout the last 20 years of foodborne illness litigation is that the warning signs are usually there—companies with food safety problems just tend to ignore them.”

BACKGROUND:  Marler’s law firm, Marler Clark, is the only law firm in the nation with a practice dedicated exclusively to representing victims of foodborne illness.  The firm has represented thousands of victims of E. coli, Salmonella, Listeria and other food poisoning cases nationwide.  Marler’s arrival on the food safety scene is chronicled in Jeff Benedict’s most recent book, Poisoned:  The True Story of the Deadly E. Coli Outbreak That Changed the Way Americans Eat, which is due to be released in paperback in May.  Millions throughout the world read Marler’s award winning Marler Blog.  Marler is also the publisher of Food Safety News,

Salmonella-tainted Zachary Chocolate Covered Marshmallow Eggs Recalled

Zachary Confections, Inc., announced yesterday a voluntary recall of certain production lots of its Zachary Chocolate Covered Marshmallow Eggs because they have the potential to be contaminated with Salmonella.

Zachary Confections has initiated this voluntary recall in response to a test result indicating the potential for Salmonella contamination in a sample taken during routine post-production testing from one of the production lots of product that is the subject of this recall. Out of an abundance of caution, Zachary Confections is recalling all lots of product that may have been affected.

The product is packaged in white egg crates with purple, green and yellow lettering. Zachary Chocolate Covered Marshmallow Egg Crates 5 oz. [Product # 31-797] (white colored egg crate with colored lettering).  The Best Buy Date and Code Dates are located on the side panel of the product packaging next to the Unit UPC bar code label.

The recalled product was manufactured on February 20 and February 21, 2013, and was shipped from the Zachary Confections’ facility on February 21 and February 22, 2013.The recalled products have been distributed to some retail stores located in sections of Iowa, Minnesota, North Dakota, South Dakota and Wisconsin.

No other Zachary Confections products are involved in this recall.

Production of the product has been suspended while FDA and the company continue their investigation as to the source of the potential problem.