E. coli Outbreaks and HUS: The acute and long-term consequences

Acute hemolytic uremic syndrome (HUS)

Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin- (Stx-) producing E. coli.

The chain of events leading to HUS begins with ingestion of Stx-producing E. coli (e.g., E. coli O157: H7) in contaminated food, beverages, animal to person, or person-to-person transmission.

These E. coli rapidly multiply in the intestine causing colitis (diarrhea), and tightly bind to cells that line the large intestine. This snug attachment facilitates absorption of the toxin into the intestinal capillaries and into the systemic circulation where it becomes attached to weak receptors on white blood cells (WBC) thus allowing the toxin to “ride piggyback” to the kidneys where it is transferred to numerous avid (strong) Gb3 receptors that grasp and hold on to the toxin.

Organ injury is primarily a function of Gb3 receptor location and density. Receptors are probably heterogeneously distributed in the major body organs, and this may explain why some patients develop injury in other organs (e.g., brain, pancreas).

Once Stx attaches to receptors, it moves into the cell’s cytoplasm where it shuts down the cells’ protein machinery resulting in cellular injury and/or death. This cellular injury activates blood platelets and the coagulation cascade, which results in the formation of clots in the very small vessels of the kidney, resulting in acute kidney injury and failure.

The red blood cells undergo hemolytic destruction by Stx and/or damage as they attempt to pass through partially obstructed microvessels. Blood platelets (required for normal blood clotting), are trapped in the tiny blood clots or are damaged and destroyed by the spleen.

Each kidney has between 700,000 and 1,000,000 filtering units, called “nephrons.” The heart of each filter is a microscopic bundle of blood vessels called glomeruli. Blood goes into each glomerulus and waste products pass through a membrane into tubules, which connect together and ultimately collect the urine and pass it out of the kidney.

The glomerulus is the main filter of the nephron and is located within the Bowman's capsule. The glomerulus resembles a twisted mass of tiny tubes through which the blood passes. The glomerulus is semipermeable, allowing water and soluble wastes to pass through and be excreted out of the Bowman's capsule as urine. The filtered blood passes out of the glomerulus into the efferent arteriole to be returned through the medullary plexus to the intralobular vein. Meanwhile, the filtered water and aqueous wastes are passed out of the Bowman's capsule into the proximal convoluted tubule.

In HUS, a certain number of glomeruli are permanently damaged due to loss of blood flow as tiny thrombi occlude those blood vessels. The toxins from E. coli O157:H7 also have a direct effect on the cells lining the blood vessels and tubules and can cause cell death. Once a filter is gone, it is gone forever. When a lot of filters are gone, the remaining ones work harder because there are fewer of them. If enough filters are lost, the remaining filters experience “hyperfiltration,” which leads to enlargement, and over time, scarring, which in turn leads to the loss of more filters.

Serious kidney injury usually manifests through reduced filter function, hypertension, and/or proteinuria. It is easy to get a rough estimate of kidney filter function by looking at the level of waste products, especially creatinine in the blood over time. There are also formulas to estimate filter function once you have a creatinine value. The key is whether filter function changes over time. Since the kidneys primarily regulate blood pressure, the development of hypertension after HUS also signals serious kidney injury and is considered a bad prognostic sign. So too is proteinuria—the passage of protein molecules in the urine—which is a sign that the glomeruli have been damaged, and the remaining filters are hyperfiltrating—i.e. they are being overworked due to the loss of filtering capacity of other dead or damaged filters.

If enough filters are lost either due to injuries suffered during the acute HUS illness, or later in life due to the process of hyperfiltration, a patient will reach end stage renal disease (“ESRD”). ESRD, truly a worst-case scenario for someone who has survived the acute HUS illness, is a very painful process that can take decades to play out. The demands on the kidneys increase through puberty and, for women, especially during pregnancy, adding another variable to issues of future renal health for girls who have suffered severe HUS.

Long-term consequences of hemolytic uremic syndrome (HUS)

Multiple studies have demonstrated that children with HUS who have apparently recovered will develop hypertension, urinary abnormalities and/or renal insufficiency during long-term follow-up. One of the best predictors is the duration of anuria and/or oliguria.

Milford, et al, (J Pediatrics, 1991) studied the importance of proteinuria at one year following the acute episode of HUS in 40 children. They found that a poor prognosis defined as hypertension, decreased renal function or end stage renal disease was strongly associated with proteinuria at the one year follow up.

Perlstein et al, (Arch Dis Child, 1991) reported results of oral protein loading in 17 children with a past history of HUS; they demonstrated that functional renal reserve was reduced in children with a past history of HUS who had normal renal function and normal blood pressure as compared to normal children. This study suggests that functional renal reserve in children with HUS is reduced although renal function and blood pressure are normal. The authors point out that the long-term significance of this finding is unknown and needs to be determined but the study suggests that functional renal reserve may be reduced in spite of normal recovery and that children with HUS need long term follow-up.

In the article by Gagnadouz, et al, (Clinical Nephrology, 1996) 29 children were evaluated 15-25 years after the acute phase of HUS. Only 10 of the 29 children were normal, 12 had hypertension, 3 had chronic renal failure and 4 had end stage renal disease (65.5%). Severe sequelae occurred in children with oligo/anuria for more than or equal to 7 days.

Other studies (Caletti, et al, Pediatric Nephrology, 1996) have demonstrated that histological finding of focal and segmental sclerosis and hyalinosis are observed several years following HUS. In that article, only 25% of the children had normal renal function during long-term follow-up.

Similarly, Moghal, et al. (Journal of Pediatrics, 1998) performed kidney biopsies in children with persistent proteinuria three to seven years following the acute episode of HUS. Global glomerulosclerosis was noted in six of the seven patients and two had segmental sclerosis as well. In addition, tubular atrophy and interstitial fibrosis was seen in all but one. Finally, the glomeruli in the children with HUS were significantly larger than those in normal children. These are finding that are typically found in individual with reduced nephron number and are consistent with changes of hyperperfusion and hyperfiltration is surviving nephrons. Hyperfiltration is a process that frequently leads to progressive renal damage and the development of end stage renal failure.

In 1997 Spizzirri, et al, (Pediatr Nephrol, 1997), reported that 69.2% of children with 11 or more days of anuria and 38.4% of children with 1-10 days of anuria had chronic sequelae. In addition, of patients with proteinuria at the 1-year follow-up, 86% had renal abnormalities at the end of the follow-up. The authors suggested that children with residual proteinuria with or without hypertension would probably develop progressive chronic renal failure.

In 2002, Blahova, et al, reported that long term follow up of 18 children who had HUS 10 or more years previously, only 6 children were normal while the other 12 children had either residual renal symptoms, chronic renal insufficiency or renal failure (66.6%). Many of the children with residual renal symptoms or chronic renal insufficiency/renal failure had appeared to have recovered normally at earlier check ups.

Recently, Lou-Meda, et al, reported that 14 patients with microabluminuria and no overt proteinuria at 6 to 18 months after the acute phase of HUS, on long term follow up three had a decreased glomerular filtration (GFR), one had overt proteinuria, and four had hypertension. Eight of the 14 patients had at least one sequelae for an incidence of 57.1%. Six children had overt proteinuria and at the most recent follow up, two had hypertension, four and a low renal function and two had continued proteinuria; four (66.6%) had at least one renal sequale.

Recently, Oakes, et al, determined the risk of later complications in children who had HUS several years earlier; they found that the incidence of late complications increased markedly in those with more than 5 days of anuria or 10 days of oliguria. Among children with greater than 10 days of oliguria 63.3% had a low glomerular filtration rate, 33.3% had hypertension and 88.7% had at least one long term complication.

In summary, many children who have recovered normal renal function following the acute episode of HUS have a high risk for the development of late complications from their acute episode of HUS. The risk is substantially lower in children who did not require dialysis and in children who were not oliguria or anuric while the risk is the highest in children who had oligo/anuria for more than 7 days. In one study, all children with oligo/anuria for 14 days had residual renal disease (100%).

It is important to note that the risks of long-term (more than 20 years) complications are unknown and are likely to be higher than risks at 10 years as many of the above studies describe.

Long-term side effects of hemolytic uremic syndrome (HUS)

Adolescents and young adults with chronic kidney disease face a number of complications from their chronic kidney disease (Andreoli SP, Acute and Chronic Renal Failure in Children, 2009) including alterations in calcium and phosphate balance and renal osteodystrophy (softening of the bones, weak bones and bone pain), anemia (low blood count and lack of energy), hypertension (high blood pressure) as well as other complications.

Renal osteodystrophy (softening of the bones) is an important complication of chronic renal failure. Bone disease is nearly universal in patients with chronic renal failure; in some patients symptoms are minor to absent while others may develop bone pain, skeletal deformities and slipped epiphyses (abnormal shaped bones and abnormal hip bones) and have a propensity for fractures with minor trauma. Treatment of the bone disease associated with chronic renal failure includes control of serum phosphorus and calcium levels with restriction of phosphorus in the diet, supplementation of calcium, the need to take phosphorus binders and the need to take medications for bone disease.

Anemia (low blood cell count that leads to a lack of energy) is a very common complication of chronic renal failure. The kidneys make a hormone that tells the bone marrow to make red blood cells and this hormone is not produced in sufficient amounts in children with chronic renal failure. Thus, children with chronic renal failure gradually become anemic while their chronic renal failure is slowly progressing. The anemia of chronic renal failure is treated with human recombinant erythropoietin (a shot given under the skin one to three times a week or once every few weeks with a longer acting human recombinant erythropoietin).

Renal replacement therapy can be in the form of dialysis (peritoneal dialysis or hemodialysis) or renal transplantation. The average waiting time for a deceased donor kidney for children age 0-17 years is approximately 275-300 days while the average waiting time for patient’s age 18-44 years is approximately 700 days (United States Renal Data Systems, Table 7.8, 2005).

Following transplantation, a patient will need to take immunosuppressive medications for the remainder of his/her life to prevent rejection of the transplanted kidney. Medications used to prevent rejection have considerable side effects. Corticosteroids are commonly used following transplantation. The side effects of corticosteroids are Cushingnoid features (fat deposition around the cheeks and abdomen and back), weight gain, emotional liability, cataracts, decreased growth, osteomalacia and osteonecrosis (softening of the bones and bone pain), hypertension, acne and difficulty in controlling glucose levels.

Cyclosporine and/or tacrolimus are also commonly used as immunosuppressive medications following transplantation. Side effects of these drugs include hirsutism (increased hair growth), gum hypertrophy, interstitial fibrosis in the kidney (damage to the kidney), as well as other complications. Meclophenalate is also commonly used after transplantation (sometimes imuran is used); each of these drugs can cause a low white blood cell count and increased susceptibility to infection. Many other immunosuppressive medications and other medications (anti-hypertensive agents, anti-acids, etc.) are prescribed in the postoperative period.

Lifelong immunosuppression as used in patients with kidney transplants is associated with several complications including an increased susceptibility to infection, accelerated atherosclerosis (hardening of the arteries) and increased incidence of malignancy (cancer) and chronic rejection of the kidney.

A patient may need more than one kidney transplant during his/her life. United States Renal Data Systems (USRDS) report that the half-life (time at which 50% of the kidneys are still functioning and 50% have stopped functioning) is 10.5 years for a deceased transplant in children age 0-17 years and 15.5 years for a living related transplant in children 0-17 years. Similar data for a transplant at age 18 to 44 years is 10.1 years and 16.0 years for a deceased donor and a living related donor, respectively. Thus, depending upon age when the patient receives his/her first transplant he/she may need 1-2 transplants. The life expectancy of a person with a kidney transplant is significantly less than the general population and the life expectancy of person on dialysis a markedly less than the general population.

If and when a child needs a second kidney transplant after loss of his/her first transplant, he/she will need dialysis until a subsequent transplant can be performed. He/She can be on peritoneal dialysis or on hemodialysis. Peritoneal dialysis has been a major modality of therapy for chronic renal failure for several years. Continuous Ambulatory Peritoneal Dialysis (CAPD) and automated peritoneal dialysis also called Continuous Cycling Peritoneal Dialysis (CCPD) are the most common form of dialysis therapy used in children with chronic renal failure. In this form of dialysis, a catheter is placed in the peritoneal cavity (area around the stomach); dialysate (fluid to clean the blood) is placed into the abdomen and changed 4 to 6 times a day. Parents and adolescents are able to perform CAPD/CCPD at home. Peritonitis (infection of the fluid) is major complication of peritoneal dialysis.

E. coli O157:H7 and other shiga-toxin producing E. coli are very dangerous bacteria – especially to children. The acute phase – even for those who do not progress to hemolytic uremic syndrome (HUS) – can be a painful and frightening experience. For those who progress to HUS, the risk of death is real. And, even if the child survives, it may well be left with chronic health problems for the remainder of its life.

Questions and Answers: Raw Milk E. coli Outbreaks in Missouri and Oregon

The Boone County (Missouri) Health Department and Oregon State Department of Health have announced E. coli outbreaks that has sickened nearly two dozen people linked to the consumption of raw (unpasteurized) milk.

In the wake of these outbreaks, the food safety experts and E. coli attorneys at Marler Clark are sharing the answers to frequently asked questions to those who may have been exposed in the outbreak.

Missouri and Oregon Raw Milk E. coli Outbreak: FAQs

Q: I drank raw milk and believe I may have an E. coli infection. How do I know whether it’s E. coli or not? What are the symptoms of E. coli?

A: If you believe you may have an E. coli infection, the E. coli attorneys at Marler Clark recommend that you seek medical attention. E. coli infections are characterized by acute gastroenteritis.E. coli infection symptoms include abdominal pain and severe stomach cramps, followed within 24 hours by diarrhea. The diarrhea caused by E. coli is often bloody. The incubation period, or the time from ingestion of E. coli bacteria until the symptoms start, is generally 2-4 days.

Hemolytic uremic syndrome is a severe and sometimes deadly complication of E. coli infection that can result in acute kidney failure. A small percentage of E. coli outbreak victims – mostly young children and elderly people – suffer this complication. At least two young children have been hospitalized with HUS since this Missouri raw milk E. coli outbreak began.

Q: What should I do if I think I’m part of the raw milk E. coli outbreak?

A: The Marler Clark E. coli attorneys recommend contacting your local health department to report your illness. Again, if you believe you need medical assistance for your E. coli infection, contact your healthcare provide and submit a stool sample for testing. An E. coli diagnosis involves culturing E. coli bacteria from an ill individual’s stool.

Q: How will I know if I’m part of the Missouri or Oregon raw milk E. coli outbreak?

A: E. coli bacteria can be detected in stool. A fecal sample provided to a healthcare provider or health department is placed in nutrient broth or on agar and incubated for 2-3 days. After that time, a trained microbiologist can identify E. coli bacteria and confirm its identity by looking at biochemical reactions.

Treatment with antibiotics before collecting a specimen for testing can affect bacterial growth in culture, and lead to a negative test result even when E. coli causes the infection. If E. coli is isolated from an ill person’s stool, a bacterial isolate can be compared to isolates from other ill individuals – and possibly from raw milk samples. Bacterial isolates that have matching “DNA Fingerprints” indicate a potential common source of E. coli infection. Epidemiologists work to determine whether two people with positive bacterial isolates with indistinguishable DNA fingerprints are part of a common outbreak – in this case, one tied to E. coli-contaminated raw milk.

Q: I drank raw milk and got E. coli. I’m thinking about hiring a law firm to represent me, but am concerned about the cost of legal representation for my E. coli case. What are the costs of hiring a lawyer for an E. coli case? How do I find the most experienced E. coli attorney?

A: The lawyers at Marler Clark have been representing E. coli victims since 1993 and have recovered over $600,000,000 for clients. The Marler Clark E. coli attorneys provide free case evaluations for all potential raw milk E. coli outbreak victims, and victims of other foodborne illness outbreaks. Our E. coli lawyers do not charge an hourly fee. Our firm works on behalf of clients and only collects fee on a contingent basis. That means we collect our fees for E. coli cases as a percentage of the recovery obtained on our clients’ behalf after the case has been resolved. You can contact Marler Clark for a free E. coli case evaluation and further explanation of fees through our free case evaluation form or by calling us toll-free at (866) 770-2032.

Questions and Answers: Salmonella Tuna Sushi Outbreak

In the wake of an April, 2012 Centers for Disease Control and Prevention (CDC) announcement that at least 116 people have become ill in a Salmonella outbreak linked to Sushi, the attorneys at Marler Clark are distributing a FAQ list for consumers who may have been exposed in the outbreak.

A total of 116 persons infected with the outbreak strain of Salmonella Bareilly have been reported from 20 states and the District of Columbia. The number of ill persons identified in each state is as follows: Alabama (2), Arkansas (1), Connecticut (5), District of Columbia (2), Florida (1), Georgia (5), Illinois (10), Louisiana (2), Maryland (11), Massachusetts (8), Mississippi (1), Missouri (2), New Jersey (7), New York (24), North Carolina (2), Pennsylvania (5), Rhode Island (5), South Carolina (3), Texas (3), Virginia (5), and Wisconsin (12).  12 ill persons have been hospitalized, and no deaths have been reported.

Collaborative investigation efforts of state, local, and federal public health agencies indicate that a frozen raw yellowfin tuna product, known as Nakaochi Scrape, from Moon Marine USA Corporation is the likely source of this outbreak of Salmonella Bareilly infections. Nakaochi Scrape is tuna backmeat that is scraped from the bones of tuna and may be used in sushi, sashimi, ceviche, and similar dishes. Moon Marine USA Corporation (also known as MMI) of Cupertino, Calif. is voluntarily recalling 58,828 lbs of a frozen raw yellowfin tuna product, labeled as Nakaochi Scrape AA or AAA. Nakaochi Scrape is tuna backmeat, which is specifically scraped off from the bones, and looks like a ground product.

 What do consumers need to know in a Sushi Salmonella Outbreak?

Q: I ate sushi and think I may have Salmonella. What are the symptoms of Salmonella infection?

A: Salmonella infections can have a broad range of illness, from no symptoms to severe illness. The most common clinical presentation is acute gastroenteritis. Salmonella symptoms include diarrhea, and abdominal cramps, often accompanied by fever of 100°F to 102°F (38°C to 39°C). Other symptoms of Salmonella infection may include bloody diarrhea, vomiting, headache and body aches. The incubation period, or the time from ingestion of the bacteria until the symptoms start, is generally 6 to 72 hours; however, there is evidence that in some situations the incubation can be longer than 10 days.

Q: What should I do if I think I’m part of the sushi Salmonella outbreak?

A: The Marler Clark Salmonella attorneys advise that you contact your local health department to report your illness. Again, if you believe you need medical assistance for your Salmonella infection, contact your healthcare provider. The Centers for Disease Control and Prevention (CDC) estimates that for every reported case of Salmonella, an additional 29.3 infections go undiagnosed and unreported. Undiagnosed Salmonella victims are never counted in official Salmonella outbreak case-counts. There may well be nearly 3,000 sickened.

Q: How will I know if I’m part of the sushi Salmonella outbreak?

A: Salmonella bacteria can be detected in stool. A fecal sample provided to a healthcare provider or health department is placed in nutrient broth or on agar and incubated for 2-3 days. After that time, a trained microbiologist can identify Salmonella bacteria, if present, and confirm its identity by looking at biochemical reactions. Treatment with antibiotics before collecting a specimen for testing can affect bacterial growth in culture, and lead to a negative test result even when Salmonella causes the infection. If Salmonella is isolated from an ill person’s stool, a bacterial isolate can be compared to isolates from other ill individuals – and possibly from food samples. Bacterial isolates that have matching “DNA Fingerprints” indicate a potential common source of Salmonella infection. Epidemiologists work to determine whether two people with positive bacterial isolates with indistinguishable DNA fingerprints are part of a common outbreak – in this case, one tied to Salmonella-contaminated sushi.

Q: I ate sushi and got Salmonella. I’m thinking about hiring a law firm to represent me, but am concerned about the cost of legal representation for my Salmonella case. What are the costs of hiring a lawyer for a Salmonella case? How do I find the most experienced Salmonella attorney?

A: The lawyers at Marler Clark have been representing Salmonella victims since 1998 and have recovered over $600,000,000 for clients. The Marler Clark attorneys provide free case evaluations for all potential sushi Salmonella outbreak victims, and victims of other foodborne illness outbreaks. Our Salmonella lawyers do not charge an hourly fee. Our firm works on behalf of clients and only collects fee on a contingent basis. That means we collect our fees for Salmonella cases as a percentage of the recovery obtained on our clients’ behalf after the case has been resolved. You can contact Marler Clark for a free case evaluation and further explanation of fees through our free case evaluation form or by calling us toll-free at (866) 770-2032.

Study Released on "Hypervirulent" Strains of Salmonella

Against a backdrop of another multi-state Salmonella outbreak, researchers at UCSB have released a paper on a study of "hypervirulent" strains of the bacteria.  According to an online report:

UC Santa Barbara researchers Michael Mahan and Douglas Heithoff a means to potentially prevent food poisoning outbreaks from these particularly powerful strains. Their findings, in a paper titled "Intraspecies Variation in the Emergence of Hyperinfectious Bacterial Strains in Nature," have been published in the journal PLoS Pathogens.

The article explained what was meant by the term "hypervirulent" Salmonella:

They were found among isolates derived from livestock, and rendered current vaccines obsolete.  Bacteria behave like a Trojan Horse, exposing their weapons only after initiating infection. "These strains exhibit this behavior in the extreme -- essentially having a ‘5th gear' they can switch to during infection," said Heithoff, lead author of the paper.

Researchers hope that advances in identifying these more dangerous strains will increase the ability to combat and remove the strains from livestock and the food supply.

Washington State University Developes Campylobacter Vaccine for Chickens

Campylobacter jejuni is found in the gut of many animals, including chickens. If Campylobacter-contaminated poultry is not prepared and cooked properly, the micro-organism can be transmitted to humans where it may cause severe gastrointestinal disease.

Scientists at Washington State University are studying the maternal antibodies that are passed from hens to their chicks. "These antibodies protect chicks from becoming colonized by Campylobacter in the first week of life," explained Professor Michael Konkel who is leading the research. "Our group has now identified the bacterial molecules that these antibodies attack, which has given us a starting point for a vaccine against Campylobacter," he said. "We have already found that chickens injected with these specific molecules – found on the surface of Campylobacter jejuni – produce antibodies against the bacterium. This response partially protects them from colonization."

A vaccine could be a powerful weapon to help control food-borne illness. "Preventing contamination of poultry at slaughter has not been effective at reducing illness in humans. It has been shown that about 65% of chickens on retail sale in the UK are contaminated with Campylobacter," explained Professor Konkel. "Ideally, the best way to prevent contamination is to stop chickens on the farm from becoming colonized with this microorganism in the first place, which could be achieved by vaccination. Our goal within the next 6 months is to test a vaccine for chickens that will reduce Campylobacter colonization levels. There's still a long way to go, but I'm confident our lab and others are moving in the right direction."

Controlling food-borne illness through vaccination would have a significant impact both in the UK and globally. "A safe food supply is central to human health. If we can decrease the load of human pathogens in food animals, then we can reduce human illness. A 1% reduction in the number of cases of food-borne illness would save the UK around £20 million per year. In developing countries, where people and food animals often share the same environment, diseased animals also pose a direct public health risk; vaccination would help mitigate this risk," said Professor Konkel.

An E. coli Lawyer's legacy: building a consensus for better food safety

marler.jpgBill Marler has taken on the likes of Cargill, ConAgra, Dole, Yum Brands, and basically the entire California leafy greens industry, just to name a few, in monumental personal injury cases that have helped shape food law and politics for decades.  True, he's the boss here at Marler Clark, but recognition for his efforts comes from all quarters, sometimes even places that you'd least expect it.  He was profiled in James Marsden's piece on www.meatingplace.com today, which is a publication for meat, poultry and pork processors: 

You may have heard of Bill Marler, a prominent and successful foodborne illness attorney based in Seattle, Washington. He has represented thousands of foodborne illness victims and secured more than $600,000,000 in compensation. But did you know that Mr. Marler has also become a leading advocate for food safety and an influential consensus builder on food safety policy?

Over the past several months, I have seen signs of an emerging consensus on important food safety issues. This kind of consensus leads to good policy decisions by regulators because they don’t have to be concerned about fall-out from consumer groups, industry trade associations and food safety activists when they have to make controversial rulings.

We saw an example of the importance of consensus building last week with USDA’s decision to postpone the non-E. coli O157:H7 STEC testing program. Mr. Marler deserves a lot of credit for clearing the way for USDA. After attending the 2007 FSIS/FDA/CDC meeting on STEC’s, he personally funded a $500,000 baseline study, which led to a much better understanding of the issue. In response to the USDA announcement on testing, he was able to build a coalition of consumer activists, academicians and industry leaders who all recognized that the STEC policy simply wasn’t ready for implementation. I have no doubt that most if not all of the individuals who made up Mr. Marler’s consensus support the STEC testing policy, but recognized that a delay was in the interest of all parties. The result was a good decision by USDA.

Bill Marler has been working on food safety cases since the Jack-in-the-Box outbreak in 1993. Clearly, he is one of the most successful foodborne illness lawyers in the U.S. It’s impossible to work in the area of food safety without developing a personal interest in the people who are affected by foodborne illness tragedies. I believe that his work with foodborne illness victims transformed Bill Marler into a dedicated food safety activist and an important contributor to food safety policy. In addition to building consensus on the STEC testing issue, he was instrumental in raising the interest of the US Congress on food safety issues and helped establish a coalition of consumer groups and victims’ organizations to support the passage of the Food Safety Modernization Act.

He also supports college scholarships, makes donations to organizations involved with food safety issues and frequently speaks on food safety at meetings across the country and around the world, always paying his own expenses.

Since food safety emerged as a major issue in the early 1990’s, there has been too little consensus. Too much time and effort has been wasted on disagreements founded on mistrust. It may seem over simplistic, but food safety really is an objective that is shared by consumers and food companies alike. Bill Marler has taken on the important roles of food safety advocate and consensus builder. He has challenged the food industry to “Put me out of business – please”. I believe he means it and is trying hard to make it happen.

Amidst its attempts to de-regulate locally produced foods entirely, will New Hampshire legislature consider an insurance requirement?

Or is insurance, too, beneath the "live free or die" mantra that is currently being taken to the extreme by a few folks in New Hampshire.  Food freedom is one thing, but de-regulating what I'm sure is a sizeable industry in the state is not without its problems.  The Legislature seems comfortable with the safety risks that deregulation poses, and its not my intent to tell them they've not thought long or hard enough about those risks (the answer to that is clear), but have the legislators who are pushing bills 1650 and 1402 thought at all about requiring insurance, or if that is too onerous, perhaps an injury fund that will help severely injured people deal with present and future medical costs. 

Do not think that this isn't a problem.  It's a problem everywhere, in states where there is no attempt to simply allow food producers to opt out of food safety regulation entirely, and it will be a problem in a state that is on the precipice of allowing exactly that.  Raw milk producers are the primary offenders--i.e. producing a product with known risks and not doing right by customers by having insurance in place to address medical costs, past and future, for severely injured people--and it is no enticement toward insuring a business to completely de-regulate it. 

These bills will:

  • eliminate license requirements for so-called homestead food and allowing on-farm sales of raw milk products
  • exempt home-based operations with annual sales of $10,000 or less and exclude potentially hazardous food from license requirements (potentially hazardous foods, including acidified and low-acid canned foods, are those requiring temperate controls because they are "capable of supporting the rapid growth of pathogenic or toxigenic microorganisms" such as Clostridium botulinum (botulism)).
  • Permit home and roadside sales and transactions at farmers' markets.
  • Allow raw milk dairies that produce 20 gallons or less a day to operate without being licensed; these dairies could also sell other raw milk-based products.  

These bills will also result in more foodborne illness.  At the very least, Legislators should put some thought in to what comes out the other end of this process.  It's not just going to be rich butter, cream, and bucolic goodness.  This is the real world.

Amish raw dairyman enjoined from further raw milk SALES

A federal district court judge has ruled in the Daniel Allgyer matter, holding that Allgyer cannot sell anymore raw milk to a buying club located across state lines (Allgyer's dairy is in Pennsylvania).  Jon Rutter profiled the judge's opinion at Lancaster online:

In his opinion, Stengel discounted an arrangement by which a private group, Right to Choose Healthy Food's Rawesome Club, was leasing Allgyer's cows and distributing milk to Grassfed on The Hill members.

Buyers each paid a $25 fee to join the Rawesome Club, according to court papers.

But, Stengel wrote, such "cow sharing" transactions amounted to a "subterfuge" in which raw milk was taken out of state and left at a "drop point."

This issue, and this case specifically, has been percolating for some time, and it is good to see a judge put pen to paper on the issue of whether cow-shares are a valid legal arrangement for selling raw milk in states that don't allow it, or across state lines.  His reasoning sounds familiar--i.e. that the FDA does have the power to regulate the interstate distribution of raw milk under the commerce clause, and that so-called cow-shares are a sham.  It validates my opinion a couple of years ago in an article on Food Safety News titled "Cow Share Agreements: Fooling Nobody," followed by "Raw Milk, An Issue of Safety or Freedom?"

Seems like there is a bit of a disconnect between raw milk proponents and valid legal analysis.  Honestly, their case is more effectively fought in the halls of state legislatures and city halls nationally, not in courthouses. 

Hepatitis A exposure at Cheesecake Factory in Boise, Idaho

According to the Idaho Statesman, an employee at the Cheesecake Factory on Milwaukee Avenue in Boise may have exposed some diners at the restaurant to Hepatitis A this winter.  The Statesman's report is based on information from the Central District Health Department.

Health officials said the exposure may have occurred between Dec. 13 and Jan. 22.

The employee who was confirmed to have Hepatitis A wasn't involved in food preparation, and the risk to the public is "extremely low" -- but there was some possibility of exposure to diners, the health department said. The employee is said to have used good hand hygiene.

Hepatitis A is a liver disease caused by the hepatitis A virus. It 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, but it is also spread easily when a person doesn't wash his or her hands after changing a baby's diaper.

Symptoms of the disease include: fever, loss of appetite, abdominal discomfort, jaundice, tiredness, nausea and dark urine. Anyone who ate at the Cheesecake Factory between Dec. 13. and Jan. 22 and has these symptoms is advised to see their doctor. Symptoms vary from mild to severe, lasting anywhere from a couple weeks to several months.

Health officials said the Cheesecake Factory, which is at 330 N. Milwaukee Ave., fully cooperated with the investigation.

Rare Brain Disease Reports in Marin, CA Do NOT Appear To Be "Mad Cow"

California Department of Public Health.pngOfficials in Marin, California had recently reported two cases of Creutzfeldt-Jakob Disease (CJD).  CJD is a rare and fatal brain disease.  One type of CJD is   Bovine spongiform encephalopathy (BSE), sometimes referred to as "mad cow"disease.

Lab results results released today though, indicate that, for at least one of the cases, there is no indication of "mad cow" disease: 

Laboratory tests have confirmed that at least one of the two cases of Creutzfeldt-Jakob disease diagnosed recently in Marin is not the variety linked to mad cow disease.  "That is definitive," Dr. Craig Lindquist, Marin County's interim public health officer, said Thursday morning.  California Department of Public Health officials notified Lindquist on Friday that two Marin residents had recently been diagnosed with Creutzfeldt-Jakob disease and one of them had died due to the exceedingly rare, fatal illness.  "This is the case of the individual who is deceased," Lindquist said. He declined to identify the victim or where in Marin the person lived.

BSE is a chronic degenerative nervous system disease affecting cattle. The disease was first diagnosed in 1986 in Great Britain. BSE is so named because of the spongy appearance of the brain tissue of infected cattle when sections are examined under a microscope.

The incubation period (the time from when an animal becomes infected until it first shows signs of disease) is from 2 to 8 years. Following the onset of clinical signs, the animal's condition deteriorates until it dies. Currently, there is no test to detect the disease in a live animal; veterinary pathologists confirm BSE by postmortem microscopic examination of brain tissue or by the detection of the abnormal form of the prion protein.

Since November 1986, over 178,000 head of cattle have been diagnosed with BSE in Great Britain. The epidemic peaked in January 1993 at approximately 1,000 new cases reported per week.