Food Poisoning Lawyer & Attorney : Marler Clark : Food Poison Journal

Kyle Wolden, a nine year old boy from Mount Vernon, Washington and the son of a baseball coach at Stanwood High School, got to run the bases at Safeco Field before the Seattle Mariners' game yesterday.  45,876 fans of Seattle Mariners baseball became even bigger fans of Kyle's, and now probably have a better understanding of what E. coli O157:H7 and hemolytic uremic syndrome are. 

Kyle fell ill from an E. coli O157:H7 infection a little over a year ago, which developed into a very severe HUS illness.  HUS is a condition that occurs in 10-15% of E. coli O157:H7 infections--most often in children and the elderly--and is characterized by kidney failure, anemia, and platelet destruction. 

HUS illnesses do not frequently result in kidney transplantation during the acute phase of the disease; more frequently, HUS causes problems for its victims later in life, when transplantation or maintenance dialysis is necessary because the kidney's filtering units, which have no capacity to regenerate or repair themselves, can no longer perform their multifaceted job. 

HUS illnesses are a frequent cause of death in children and the elderly; and other, life-altering illnesses and conditions as well.  Stephanie Smith is another HUS victim who was sickened by E. coli O157:H7 in an outbreak linked to Cargill ground beef.  Stephanie can no longer walk.  Michael Moss, a journalist with the NY Times, just won a Pulitzer Prize for his in depth story on Stephanie's illness and the contaminated ground beef that caused it.  Read a short summary of Stephanie's HUS illness and resulting injuries. 

In Kyle's case, the damage during the acute phase of his HUS illness was extreme.  Ultimately, he required kidney transplantation for survival; and survive he did, having already progressed to the point that he's apparently able to compete for a spot on the Seattle Mariners' baseball team (the M's are 3 and 6; last in the AL West).

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Not exactly fresh out of committee, but out of committee nonetheless, senate bill 510 (a/k/a the Food Safety Modernization Act) makes its way to the senate floor soon, possibly this week.  The full senate debate and subsequent vote is certainly timely, as just today Michael Moss was awarded the Pulitzer Prize for his story on Stephanie Smiths E. coli O157:H7 illness and Linda Rivera's long-awaited emergence from a Nevada hospital where she has spent almost a year after also being infected by E. coli O157:H7.  Stephanie was sickened by a hamburger made by Cargill, and Linda by contaminated cookie dough made by Nestle. 

The Food Safety Modernization Act is truly an important piece of legislation, in that it affects every citizen of this country, and even some abroad, on a daily basis.  The bill substantially modifies the Federal Food Drug and Cosmetics Act, and generally gives the Food and Drug Administration better authority and ability to monitor the safety of our food supply, and take quicker and more effective action for food companies that don't adequately protect against foodpoisoning risks. 

Among other, more specific, things, the Food Safety Modernization Act:

 

Amends 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.

Requires each food facility to evaluate hazards and implement preventive controls.

Directs the Secretary to assess and collect fees related to: (1) food facility reinspection; (2) food recalls; and (3) the voluntary qualified importer program.

Requires the Secretary and the Secretary of Agriculture to prepare the National Agriculture and Food Defense Strategy.

Requires the Secretary to: (1) identify preventive programs and practices to promote the safety and security of food; (2) promulgate regulations on sanitary food transportation practices; (3) develop a policy to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs; (4) allocate inspection resources based on the risk profile of food facilities or food; (5) recognize bodies that accredit food testing laboratories; and (6) improve the capacity of the Secretary to track and trace raw agricultural commodities.

Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems.

Authorizes the Secretary to order an immediate cessation of distribution, or a recall, of food. Requires the Administrator of the Environmental Protection Agency (EPA) to assist state, local, and tribal governments in preparing for, assessing, decontaminating, and recovering from an agriculture or food emergency.

Provides for: (1) foreign supplier verification activities; (2) a voluntary qualified importer program; and (3) the inspection of foreign facilities registered to import food.
 

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Michael Moss has won the Pulitzer Prize for his article detailing the E. coli O157:H7 illness of Stephanie Smith and the outbreak, linked to Cargill ground beef, that changed her life forever.  Mr. Moss's article, published in October 2009 (two years after the Cargill outbreak), was titled "The Burger that Shattered Her Life." 

Mr. Moss's investigative reporting detailed the path of the ground beef that was eventually purchased by Stephanie Smith’s family. The burger she ate was contaminated with E. coli O157:H7, and her illness was so severe that she was put into a medically induced coma for months. When doctors were able to bring her out of the coma, she was paralyzed and suffered organ failure and cognitive damage. Two years later, Stephanie remains in rehab, trying to walk again.  Stephanie Smith's E. coli O157:H7-induced HUS illness was the most severe we have ever seen. 

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 In 1999, several states reported clusters of Salmonella Newport, an antibiotic resistant strain of the bug, with an indistinguishable PFGE pattern and the same anti-microbial resistance pattern.  The states reported to PulseNet, the national database for foodborne disease surveillance, which prompted an investigation into the cause of the outbreak.

In the investigation, health officials found that 7 out of 8 people in the clusters had eaten ground beef within several days before the onset of illness.  Ultimately, the investation identified a single producer that had distributed the contaminated meat to grocery stores, and an unopened package of ground beef ultimately tested positive for the outbreak strain of Salmonella Newport.  Investigators also found that, from 1997-1999, 1% of all Salmonella in meat processing facilities was Salmonella Newport.  

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According to Cargill and FSIS press releases: Cargill Meat Solutions said it is voluntarily recalling approximately 1,084,384 pounds of ground beef produced at its Wyalusing, Pa., Cargill Regional Beef facility because of the possible presence of E. coli O157:H7. The ground beef products subject to recall were produced at the Wyalusing plant between Oct. 8 and 11, 2007, and were distributed to retailers nationwide.  In addition to the below listed products, there are various weights and varieties of ground beef, ground chuck, and ground sirloin product that were distributed for further processing and repackaging and will not bear the same establishment number on the package.  Products subject to recall are:
* 1.3-pound packages of “Century Farm 80/20 Ground Beef.” Use by/freeze by 11/03/2007
* 3.0-pound packages of “Century Farm 80/20 Ground Beef.” Use by/freeze by 11/03/2007
* 1- pound packages of “Century Farm 80/20 Ground Beef Patty.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Century Farm 85/15 Ground Beef.” Use by/freeze by 11/03/2007
* 3-pound packages of “Century Farm 90/10 Ground Beef.” Use by/freeze by 10/19/2007
* 1.3-pound packages of “Century Farm 90/10 Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 90/10 Ground Beef.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 93/7 Ground Beef.” Use by/freeze by 11/03/2007
* 1-pound packages of “Century Farm 96/4 Extra Lean Ground Beef.” Use by/freeze by 10/19/2007 & 10/31/2007
* 1-pound packages of “Century Farm 85/15 Ground Beef Patties.” Use by/freeze by 10/19/2007
* 1.3-pound packages of “Century Farm 93/7 Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 80/20 Chuck Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Century Farm 80/20 Chuck Ground Beef for Chili.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1.3-pound packages of “Century Farm Meatloaf Mix, Beef, Pork and Veal with Natural Flavors.” Use by/freeze by 10/19/2007, 10/22/2007, 10/31/2007 & 11/03/2007
* 1.25- pound packages of “Giant 75/25 Ground Beef, All Natural.” Use by/freeze by 11/03/2007
* 3.0- pound packages of “Giant 75/25 Ground Beef.” Use by/freeze by 10/31/2007
* 1.25-pound packages of “Giant 80/20 Ground Beef, All Natural.” Use by/freeze by 11/03/2007
* 3.0-pound packages of “Giant 80/20 Ground Beef.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Giant Eagle Ground Chuck Beef Patties 80/20.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.3-pound packages of “Giant Eagle Ground Beef Patties 92/8.” Use by/freeze by 10/22/2007
* 1.3-pound packages of “Giant Eagle Ground Beef Patties 85/15 – Certified Angus Beef Brand.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.3-pound packages of “Giant Eagle Ground Round Beef Patties 85/15.” Use by/freeze by 10/19/2007 & 10/22/2007
* 3.0-pound packages of “Shop Rite, 80% Lean 20% Fat, Ground Beef.” Use by/freeze by 10/31/2007 & 11/03/2007
* 3.0-pound packages of “Shop Rite, 85% Lean 15% Fat, Ground Beef.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1.3-pound packages of “Shop Rite, 93% Lean 7% Fat, Ground Beef Patties.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Shop Rite, 93% Lean 7% Fat, Ground Beef.” Use by/freeze by 11/03/2007
* 1-pound packages of “Shop Rite, 96% Lean 4% Fat, Ground Beef.” Use by/freeze by 10/31/2007
* 1.25- pound packages of “Stop & Shop 75/25 Ground Beef, All Natural.” Use by/freeze by 10/31/2007 & 11/03/2007
* 5.0- pound packages of “Stop & Shop 75/25 Ground Beef, All Natural.” Use by/freeze by 11/03/2007
* 1.25-pound packages of “Stop & Shop 80/20 Ground Beef, All Natural.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1.25-pound packages of “Stop & Shop 85/15 Ground Beef, All Natural.” Use by/freeze by 10/31/2007
* 1.2-pound packages of “Stop & Shop 87/13 Ground Beef Sirloin, All Natural.” Use by/freeze by 10/31/2007
* 1- pound packages of “Stop & Shop 90/10 Ground Beef, All Natural.” Use by/freeze by 10/31/2007
* 1.0-pound packages of “Stop & Shop 80/20 Ground Beef Patties, All Natural.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Stop & Shop 80/20 Ground Beef Patties, All Natural.” Use by/freeze by 11/03/2007
* 2.6-pound packages of “Stop & Shop 80/20 Ground Beef Patties, All Natural.” Use by/freeze by 11/03/2007
* 1.3-pound packages of “Stop & Shop 90/10 Ground Beef Patties, All Natural.” Use by/freeze by 10/31/2007 & 11/03/2007
* 2.5-pound packages of “Stop & Shop 90/10 Ground Beef, All Natural.” Use by/freeze by 10/19/2007
* 2.5-pound packages of “Stop & Shop 93/7 Ground Beef, All Natural.” Use by/freeze by 10/31/2007
* 1-pound packages of “Wegmans 80/20 Ground Beef Patties.” Use by/freeze by 10/19/2007
* 1.3-pound packages of “Wegmans 90/10 Ground Beef Patties.” Use by/freeze by 10/19/2007 & 10/22/2007
* 3.0- pound packages of “Weis Premium Meats, 73/27 Ground Beef.” Use by/freeze by 11/03/2007
* 1- pound packages of “Weis Premium Meats, 80/20 Ground Beef.” Use by/freeze by 10/31/2007
* 3- pound packages of “Weis Premium Meats, 80/20 Ground Beef.” Use by/freeze by 10/31/2007 & 11/03/2007
* 1-pound packages of “Weis Premium Meats 85/15 Ground Beef.” Use by/freeze by 10/31/2007
* 2.0 and 3.0 -pound packages of “Weis Premium Meats 85/15 Ground Beef.” Use by/freeze by 11/03/2007
* 2-pound packages of “Weis Premium Meats 93/7 Ground Beef.” Use by/freeze by 11/03/2007
* 1-pound packages of “Weis Premium Meats 93/7 Ground Beef.” Use by/freeze by 10/31/2007
* 1-pound packages of “Weis Premium Meats 96/4 Ground Beef Extra Lean.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Weis Premium Meats 90/10 Ground Beef Sirloin Patties.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Weis Premium Meats Meatloaf Mix, Beef, Pork and Veal with Natural Flavors.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Weis Premium Meats 80/20 Ground Beef for Chili.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Meat Loaf Mix, Made with Beef, Pork, Veal, with Natural Flavors.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.25-pound packages of “Meatloaf Mix, A Blend of Fresh Ground Beef, Pork & Veal, All Natural.” Use by/freeze by 10/31/2007
* Various weight packages of “85/15 Coarse Ground Beef for Chili Meat, All Natural.” Use by/freeze by 10/31/2007
* 1.3-pound packages of “Ground Beef Chuck for Chili 80/20.” Use by/freeze by 10/19/2007 & 10/22/2007
* 1.3 pound packages of “Price Rite 85% Lean, 15% Fat Ground Beef.” Use by/freeze by 11/03/2007
* 1.3 pound packages of “Price Rite 80% Lean, 20% Fat Ground Beef.” Use by/freeze by 11/03/2007
* 1.3 pound packages of “Price Rite Meat loaf mix.” Use by/freeze by 10/31/207 & 11/03/2007

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