March 2011

bolognaecoli.jpgLawsuits typically flow from outbreaks of foodborne disease, and the Palmyra bologna E. coli outbreak will probably be no exception.  North Carolina, Maryland, New Jersey, and Ohio, in addition to Pennsylvania, all have residents who have no doubt incurred substantial expense, not to mention significant physical anguish, as a result of contaminated bologna and E.

Colorado Salmonella outbreaks.jpgOver the years, Marler Clark has been involved in litigating food poisoning illness cases all over the United States.  The great state of Colorado has, unfortunately, had its fair share of Salmonella-related outbreaks in the recent past.  In light of the recent Del Monte Cantaloupe Salmonella Outbreak that has thus far been linked to illnesses in Colorado and six other states, including Alaska, California, Idaho, Montana, Oregon, and Washington, it seems appropriate to revisit some of Colorado’s past experiences with Salmonella.  Some of the more notable outbreaks include:

Tiny Greens Organic Farm/Jimmy John’s Alfalfa Sprouts Salmonella outbreak in 2010:  On December 17, the Illinois Department of Health announced that an investigation was underway into an outbreak of Salmonella, serotype I4,[5],12:i:-. Many of the Illinois cases had eaten alfalfa sprouts at various Jimmy John’s restaurants in the Illinois counties of: Adams, Champaign, Cook, DuPage, Kankakee, Macon, McHenry, McLean, Peoria, and Will counties. The sprouts were suspected to be the cause of the illnesses. On December 21, Jimmy John Liautaud, the owner of the franchised restaurant chain, requested that all franchisees remove sprouts from the menu as a “precautionary” measure. On December 23, the Centers for Disease Control revealed that outbreak cases had been detected in other states, including Colorado, and that the outbreak was linked with eating alfalfa sprouts while at a nationwide sandwich chain. On December 26, preliminary results of the investigation indicated a link to eating Tiny Greens’ Alfalfa Sprouts at Jimmy John’s restaurant outlets. The FDA subsequently advised consumers and restaurants to avoid Tiny Greens Brand Alfalfa Sprouts and Spicy Sprouts produced by Tiny Greens Organic Farm of Urbana, Illinois. The Spicy Sprouts contained alfalfa, radish and clover sprouts. On January 14, 2011, it was revealed that the FDA had isolated Salmonella serotype I4,[5],12:i:- from a water runoff sample collected from Tiny Greens Organic Farm; the Salmonella isolated was indistinguishable from the outbreak strain.

The Fort Restaurant Salmonella outbreak in 2010:  At least 29 people became ill from Salmonella enteriditis after eating at The Fort Restaurant between July 10 and July 16. This restaurant looks like a fort from the 1800’s and is located in Morrison, Colorado. The outbreak was suspected to have been caused by eggs. Many diners became ill after eating rattlesnake cakes, an exotic dish that contained eggs.

The Daniele Italian Sausages/Salame & Wholesome Spice and Mincing Overseas Spice Companies Black and Crushed Red Pepper Salmonella outbreak in 2009:  Salame products produced by Daniele International, Inc., were implicated in a multistate outbreak of Salmonella Montevideo, including residents of Colorado.  Daniele International issued a recall for its products on January 23, 2010, and then expanded their product recalls on January 31, February 4, and February 16. On January 27, 2010, The investigation showed that the salame products were properly cured, but became contaminated when they were rolled in spice mixtures containing Salmonella-contaminated pepper. The spice companies used a steam bath technique to kill bacteria that was insufficient. The spices are now irradiated as a consequence of this outbreak.

The Cargill Ground Beef Salmonella outbreak in June, 2009:  A Beef Packers, Inc. plant in California owned by Cargill, distributed approximately 830,000 pounds of ground beef that was likely contaminated with Salmonella Newport. The beef was shipped to distribution centers in Arizona, California, Colorado, and Utah where it was repackaged into consumer-sized packages and sold under different retail brand names. The contaminated beef contained a strain of Salmonella resistant to several commonly used antibiotics (called MDR-AmpC resistance). At least 40 people in nine states fell ill; at least 21 of the people lived in Colorado and five lived in California. Most of the ill in Colorado had purchased the ground beef at Safeway grocery stores.Continue Reading Past Colorado Salmonella Outbreaks

costco CantaloupeOn March 21, I raised the question – “Are we due for a Salmonella serotype Panama Cantaloupe Outbreak?” On March 22 Del Monte Fresh Produce N.A., Inc. (“Del Monte Fresh”) of Coral Gables, Florida recalled 4,992 cartons of cantaloupes, each containing 4 plastic mesh sleeves with 3 cantaloupes per sleeve, because they have the potential

egg.bmpA Federal District Court Judge in Iowa today denied Quality Egg (DeCoster)’s attempt to throw out the claims for punitive damages of six individuals sickened in last summer’s Salmonella outbreakPunitives Ruling.pdf 

Punitive damages are extraordinary damages awarded in addition to compensatory damages where there is evidence that a defendant acted with actual or legal

cantaloupesalmonella.bmpIn Cantaloupe: Sometimes a Rough Fruit, Gretchen Goetz at Food Safety News answers some of the questions that we (i.e. food safety lawyers), and probably the families of 12 people who have been sickened in the cantaloupe salmonella outbreak, have been asking now for a few days.  Why have cantaloupes been implicated in so many food poisoning outbreaks?  How does Salmonella get from the outside of a cantaloupe to the inside?  And what steps can consumers take in the future to prevent Salmonella and E. coli illnesses from cantaloupe?

Gretchen’s article:

The rind of a cantaloupe may be hard enough to knock on, but it’s not tough enough to keep out harmful pathogens, as an outbreak of Salmonella Panama reminded consumers this week. What is it that makes this melon one of the most common carriers of foodborne illness among fruits and vegetables?

Cantaloupe is particularly susceptible to contamination because it grows on the ground, where it can come into contact with bacteria from animal feces harbored in soil or rainwater runoff. However, like any fruit or vegetable, it can also pick up pathogens during harvest, handling or preparation.

Foodborne illness outbreaks from cantaloupe have been traced back to wash water, shipping ice and even contact with contaminated meat, according to a 2005 study in the International Journal of Food Microbiology.

Cantaloupe is also risky as a home for pathogens because of its unique skin. Bacteria sticks easily to the rough surface, and can even penetrate through the porous rind to the inside of the fruit.Continue Reading Food Safety News feature: Q & A on cantaloupes after salmonella outbreak