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Food Poison Journal

Food Poisoning Outbreaks and Litigation: Surveillance and Analysis

Listeria monocytogenes Contamination in Raw Milk in Sullivan County, New York

New York State Agriculture Commissioner Richard A. Ball today warned consumers in Sullivan County and the surrounding area not to consume “unpasteurized” raw farm milk from the Richard Dirie Farm, due to possible Listeria contamination. The Dirie Farm is located at 1345 Shandelee Road, Livingston Manor, New York. To date, no illnesses are known by the Department to be associated with this product.

A sample of the milk, collected by an inspector from the Division of Milk Control and Dairy Services on October 21, 2014, was subsequently tested by the Department’s Food Laboratory and discovered to be contaminated with Listeria monocytogenes. On October 23, 2014, the producer was notified of a preliminary positive test result and he volunteered to suspend raw milk sales until the sample results were confirmed. Further laboratory testing, completed on October 28, 2014, confirmed the presence of Listeria monocytogenes in the raw milk sample. The producer is now prohibited from selling raw milk until subsequent sampling indicates that the product is free of harmful bacteria.

Listeria monocytogenes is an organism which can cause serious and sometimes fatal infections in young children, cancer patients, elderly people and others with weakened immune systems. Although otherwise healthy persons may suffer only short-term, flu-like symptoms such as high fever, severe headaches, stiffness, nausea, abdominal pain and diarrhea, Listeria can cause miscarriages and stillbirths among pregnant women.

It is important to note that raw milk does not provide the protection of pasteurization, which eliminates all pathogenic bacteria, including Listeria.

Listeria:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeria outbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria 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 Listeria lawyers have litigated Listeria cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, cheese, celery and milk.

Salmonella Causes Cashew Contamination Recall

Chetak New York L.L.C. of Edison, NJ is recalling its 5560 packages of 7oz., 3840 packages of 14oz., & 1920 packages of 28oz. “DEEP RAW CASHEW PIECES” because they 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 (i.e., infected aneurysms), endocarditis and arthritis.

The recalled “Deep Raw Cashew Pieces” were distributed nationwide in retail stores from March 12, 2014 to October 21,2014. The product comes in a 7 oz., 14oz., & 28oz. clear plastic package marked with UPC number on the rear of the package.

  • UPC number for 7oz. is 011433133104
  • UPC number for 14oz. is 011433133111
  • UPC number for 28oz. is 011433133128

No illnesses have been reported to date in connection with this problem.

The potential for contamination was noted after routine testing conducted by the FDA.

Salmonella:  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.

Marler Clark Retained in Minnesota Salmonella Chicken Outbreak

Minnesota state health and agriculture officials reported last week that six recent cases of salmonellosis in Minnesota have been linked to raw, frozen, breaded and pre-browned, stuffed chicken entrees. The implicated product is Antioch Farms brand A La Kiev raw stuffed chicken breast with a U.S. Department of Agriculture stamped code of P-1358.

Investigators from the Minnesota Department of Health (MDH) and the Minnesota Department of Agriculture (MDA) determined that six cases of Salmonella infection from August and September 2014 were due to the same strain of Salmonella Enteritidis. One person was hospitalized for their illness. That family has retained us to investigate the illness and outbreak.

On Friday night Aspen Foods Division of Koch Meats recalled 28,980 pounds of chicken products that may be contaminated with a particular strain of Salmonella Enteritidis, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. FSIS requested Aspen Foods conduct this recall because this product is known to be associated with a specific illness cluster.

The recalled product includes partially prepared chicken products sold by retailers under the Antioch Farms brand name, with “sell by” dates of October 1, 2015 and October 7, 2015. The products subject to recall bear the establishment number “P-1358” inside the USDA mark of inspection. The chicken products were produced on July 2, 2014 and July 8, 2014. These products were shipped to retail stores and distribution centers in Minnesota.

The product is identified as:

• Single 5 once plastic packets of Raw Stuffed Chicken Breast Breaded, Boneless Breast of Chicken with Rib Meat “A La Kiev”

Salmonella:  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.

If you or a family member became ill with a Salmonella infection, including Reactive Arthritis or Irritable bowel syndrome (IBS), after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Salmonella attorneys for a free case evaluation.

Staphylococcal Enterotoxin Prompts Chicken Recall

Murry’s Inc. of Lebanon, PA, is recalling approximately 31,689 pounds of gluten-free breaded chicken products that may be contaminated with Staphylococcal enterotoxin, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced Saturday.

The products have a best-by date of Aug. 9, 2015. The following products are subject to recall:

  • 12-oz. boxes of “Bell & Evans Gluten Free Breaded Chicken Breast Nuggets.”
  • 10.5-oz. boxes of “Bell & Evans Gluten Free Breaded Chicken Breast.”

The products subject to recall bear the establishment number “P-516” inside the USDA mark of inspection. These products were shipped to retail locations nationwide.

The problem was discovered by the Colorado Department of Agriculture during a retail surveillance and sampling program funded by USDA at a Federal Emergency Response Network lab. After being notified of the positive test result, FSIS conducted traceback activities.

FSIS and the company have received no reports of adverse reactions due to consumption of these products. Anyone concerned about a reaction should contact a healthcare provider.

FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and that steps are taken to make certain that the product is no longer available to consumers. When available, the retail distribution list(s) will be posted on the FSIS website at www.fsis.usda.gov/recalls.

Consumers and media with questions about the recall can contact Murry’s customer service, at (717) 273-9361.

Staphylococcal food poisoning is a gastrointestinal illness. It is caused by eating foods contaminated with toxin-producing Staphylococcus aureus.

Staphylococcus aureus is a common bacterium found on the skin and in the noses of healthy people and animals. Staphylococcus aureus can produce seven different toxins that are frequently responsible for food poisoning.

Staphylococcal enterotoxins are fast-acting, sometimes causing illness in as little as 30 minutes. Symptoms usually develop within one to six hours after eating contaminated food. Patients typically experience several of the following: nausea, vomiting, stomach cramps, and diarrhea. The illness is usually mild, and most patients recover after one to three days.

To prevent Staphylococcal contamination, keep kitchens and food-serving areas clean and sanitized. Keep hot foods hot (more than 140 degrees F) and cold foods cold (40 degrees F or less). Make sure to wash hands and under fingernails vigorously with soap and water before handling and preparing food. Do not prepare food if you have an open sore or wound on your hands or if you have a nose or eye infection.