Food Poisoning Information

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The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS), the U.S. Centers for Disease Control (CDC) and state health departments are working together to investigate and bring to an end the outbreak of Salmonella Reading in raw turkey products.

We know that there are currently 164 people from 35 states ill from this strain of Salmonella. However, the outbreak strain has been identified in a wide range of samples including raw turkey pet food, raw turkey products, and live turkeys. Our public health partners have interviewed case patients, and 64% of those patients report eating turkey products. Of the patients who report eating different types and brands of turkey products purchased from different stores, some couldn’t be certain they ate turkey products while others reported handling raw turkey pet food and/or raw turkey or working with live turkeys or living with someone who handled live turkeys. We have interviewed patients, looked at receipts and shopper card data, and tested any product that case patients still have.  All this information is necessary to link back to a supplier or establishment. Despite these ongoing efforts, we do not have the evidence to pinpoint a single common supplier of turkey products. Like any investigation, we are chasing down leads and looking for evidence.

If FSIS had the ability to identify the source of this Salmonella strain, then the agency would immediately recall the items. If we had specific products that we could alert consumers to with a Public Health Alert, we would issue one. At the moment, there is no actionable information for consumers, other than to remind them that this is an ongoing investigation and that consumers should always handle raw turkey carefully and cook it thoroughly to prevent food poisoning. This outbreak is a reminder that raw turkey products can have germs that spread around food preparation areas and can make you sick.

That brings us to the recent demands by special interest groups regarding their accusation that FSIS is withholding information that consumers need to make informed decisions.  FSIS takes more than 40,000 raw poultry samples a year in over 6,400 regulated establishments.  The agency makes millions of data points available every year, and every month is adding additional reports related to sampling results and individual establishment food safety results – all in an effort to satisfy stakeholder appetite for a more accessible regulatory agency.  We will continue to do so.  In fact, special interest groups would have no window into the federal government investigation into this outbreak if FSIS hadn’t shared information with them.  However, it would be grossly irresponsible and reckless to associate producers with an outbreak investigation, when a link from an establishment to an illness has not been made.   It’s also not helpful to consumers.  Trace back investigations are conducted in the field through on the ground work, not Monday morning quarterbacking from the comforts of an urban high rise in New York City or K Street in Washington, D.C., with fundraising pleas attached.

To be abundantly clear, FSIS has NOT identified a source or supplier of the product or products that are making consumers ill, but we continue to work around the clock with our federal and state public health partners to solve this.  It is insulting to suggest that the agency would not move forward if we had actionable information. FSIS is a public health agency that moves forward when science can serve as the foundation of our action plan—not when emotion or pressure from for-profit industry or special interest groups demand it.

As families start their holiday plans they may be wondering what this means for them.  The answer is simple. Salmonella is prevalent and can be present in raw meat and poultry and in live poultry – no raw meat or poultry is sterile. Consumers can protect themselves by cooking their turkey, other poultry products, and meat thoroughly.  The cooking process kills the Salmonella.  No one should be eating partially cooked or raw turkey.  Additionally, it is essential that people wash their hands after handling raw poultry, meat and pet food to avoid cross contamination of other foods, spice containers, or kitchen surfaces.

FSIS will continue to work with our public health partners to release information as it becomes available and will take action when we have the evidence. We are following up on every lead and working with our public health partners to find the source of the Salmonella Reading. In the meantime, it’s important that consumers know they can purchase and safely consume these products. The U.S. has the safest food supply in the world and USDA works every day to ensure it.”

Consumer Reports urged the U.S. Department of Agriculture today to identify the brands of turkey that have been linked to a drug-resistant strain of Salmonella in turkey that has sickened consumers across the nation. The outbreak in raw turkey products has been going on for a year, but neither the turkey industry nor the USDA has released any information about which brands are making people sick.

“The USDA should immediately make public which turkey producers, suppliers, and brands are involved in this outbreak — especially with Thanksgiving right around the corner,” said Jean Halloran, Director of Food Policy Initiatives for Consumer Reports. “This information could save lives and help ensure consumers take the precautions needed to prevent anyone in their home from getting sick.”

The outbreak of the drug-resistant Salmonella strain, known as Salmonella Reading, has been linked to 164 illnesses in 35 states, including one death in California, and about half of those sickened have been hospitalized. According to the Centers for Disease Control and Prevention, the outbreak has been found in live turkeys and many kinds of raw turkey products, and that it “might be widespread in the turkey industry.” The USDA’s Food Safety and Inspection Service has identified the Salmonella strain in samples of raw turkey products collected from 22 slaughterhouses and seven processing plants but has not disclosed these facilities or the names of the companies that operate them.

“Just one week from now, a majority of Americans will be sitting down with their families for a Thanksgiving dinner, complete with turkey on their plates,” said Halloran. “The USDA must take more aggressive action to make sure the turkeys served this year aren’t contaminated with a potentially deadly strain of Salmonella.” Consumer Reports has called on USDA to classify dangerous strains of Salmonella like this one as an adulterant, so that foods containing them cannot be sold.

Consumer Reports encourages the public to be alert to the symptoms of a Salmonella infection. It usually takes 12 to 72 hours after you have ingested something contaminated with Salmonella to get sick. The key symptoms are diarrhea, fever, abdominal pain, and sometimes vomiting. Most people recover from Salmonella without treatment, but in some cases, treatment with antibiotics is required. Young children, older adults, pregnant women, and people with compromised immune systems are especially at risk.

Dangerous bacteria can be killed by cooking a turkey thoroughly. Consumer Reports has the following recommendations for preparing and cooking turkey safely:

  • Cook all turkey to an internal temperature of 165° F before eating. Use a meat thermometer to check the temperature throughout the turkey and in any stuffing.
  • Wash your hands frequently, both during and after handling raw turkey.
  • Avoid washing raw turkey before preparing it, because this may spread the germs around your kitchen.
  • Be sure to thoroughly wash all countertops, cutting boards, utensils, and any other kitchen items that come into contact with raw turkey.
  • Don’t give your pets raw turkey. You can get sick if you handle raw pet food and don’t wash your hands properly — and your pets can get sick from Salmonella, too.

Many vendors at farmers markets take inadequate precautions to prevent the spread of foodborne illness, and they should be trained to reduce food-safety risks, according to Penn State researchers who completed the final phase of an innovative five-year study.

Using a comprehensive three-way approach, the research assessed food safety behaviors at Pennsylvania farmers markets using direct concealed observations, state sanitarian observations, and self-reported vendor surveys. The results revealed key distinctions between observed vendor food-handling practices — by both researchers and state sanitarians — and vendor self-reported practices.

The findings, which were published Nov. 1 in Food Protection Trends, suggest that Pennsylvania would greatly benefit from a customized food-safety training program offered to farmers market vendors to address the identified issues and regulatory requirements for selling safe foods in Pennsylvania.

“We found that our direct field observations and inspector findings were very similar, yet very different from what most vendors said they were doing — their self-reported behaviors,” said Cathy Cutter, professor of food science in the Penn State College of Agricultural Sciences, whose research group conducted the study. “There was a chasm, if you will, between what we and the inspectors saw, and what vendors reported they were doing,” added Cutter, who is also assistant director of food safety and quality programs for Penn State Extension. “The vendors think they are doing a good job, when in reality they are not. We are not sure why there were such discrepancies. Nevertheless, they need to do better.”

Specifically, vendors were found to demonstrate insufficient or high-risk behaviors in the areas of hand washing, personal hygiene and cross-contamination. Notably, researchers found that the use of disposable gloves at Pennsylvania farmers markets remains low, even among vendors who sell unpackaged, ready-to-eat foods.

Direct concealed observations conducted by the researchers found less than 24 percent of the vendors had disposable gloves present at vending stands, despite the fact that a majority of surveyed vendors sold raw or temperature-control-for-safety foods, such as meat and seafood, as well as ready-to-eat foods at the same stand. And within the group of vendors observed to be using disposable gloves, slightly less than half used them improperly.

The handling of money and unpackaged foods without changing gloves in between tasks was the most common improper glove-use behavior seen by both researchers and Pennsylvania state sanitarians.

“These results suggest that there is a general lack of understanding among vendors about when to use disposable gloves, when to change gloves, and what kinds of behaviors are unacceptable while wearing gloves,” said lead researcher Joshua Scheinberg, now director of food safety and quality assurance with Godshall’s Quality Meats in Telford, Pennsylvania. The research was his doctoral thesis.

Having evolved since the colonial era, farmers markets have replaced Old-World-style markets, with more than 8,500 U.S. farmers markets in operation today. As farmers markets have increased in size, scope and complexity, so have the potential food-safety risks. According to the U.S. Department of Agriculture, 40 percent of farmers markets are selling prepared foods, 66 percent meat or poultry, and 16 percent fish or seafood.

“These significant changes in the kinds of foods sold at farmers markets present new food-safety challenges and implications,” Scheinberg said. “As a result, several studies have revealed high-risk food-safety factors unique to farmers markets and farmers market vendors. We also saw problems.”

In the study, researchers checked select samples of leafy green produce and meat obtained from farmers markets in Pennsylvania for the presence of hygiene indicators — coliforms, fecal coliforms, Listeria, and E. coli — and found cause for concern.

E. coli was present in 40 percent — 20 of 50 — of beef samples; 18 percent — 9 of 50 — of pork samples; 28 percent — 15 of 54 — of kale samples; 29 percent — 15 of 52 — of lettuce samples; and 17 percent — 8 of 46 — of spinach samples. They found Listeria in 8 percent — 4 of 50 — of beef samples; 2 percent — 1 of 54 — of kale samples; 4 percent — 2 of 52 — of lettuce samples; and 7 percent — 3 of 46 — of spinach samples.

A previous phase of the research created an app for smartphones to be used in place of the traditional clipboards to improve the quality of data collection related to food-safety observations. Because smartphones are so ubiquitous, and text messaging and social media activities so common in public places, no one questions what anyone does with their phone. That pervasiveness allows a phone application to be used in direct, concealed observations without alerting the people being observed.

Food-safety practices used by food handlers are often monitored for research, inspection and regulatory purposes. However, if surveillance is not concealed, it can result in unintended behavioral changes, according to Scheinberg. Those changes — known as the Hawthorne Effect — can render such observations meaningless.

Also, in a subsequent phase of the study, researchers developed a curriculum for Penn State Extension to train farmers market vendors in food safety that is now available online through the Penn State Extension website (https://extension.psu.edu). This Penn State research is a perfect example of how a land-grant university should function, Cutter pointed out.

“We are using science — in this case, a structured research program — to support decision-making and development of a curriculum,” she said. “What we do in extension is absolutely critical to keeping agriculture-related businesses in operation. We develop programs, activities and products around these types of research projects and then deliver them to the citizens of Pennsylvania.”

Also involved in the research were Rama Radhakrishna, professor of agricultural and extension education, and Jonathan Campbell, assistant professor of animal science and extension meat specialist. Penn State’s College of Agricultural Sciences and Penn State Extension funded this project.

A preliminary settlement of up to $4,500,000.00 has been reached in a class action lawsuit filed on behalf of those who were exposed to hepatitis A related to eating at Genki Sushi restaurants in Hawaii in 2016, but who did not become ill with hepatitis A. The class is represented by Seattle based, Marler Clark, the nation’s food safety law firm, Perkin and Faria, and Starn, O’Toole, Marcus, and Fisher, respected Hawaii firms.  See www.HawaiiHepA.com 

Genki-Stipulation for Order Stipulating Class filed 10.12.18

Genki-Order Approving Stipulation for Class Certification filed 10.12.18

Qualified class members are entitled to receive up to either $350, $250, or $150 by submitting a claim form available at www.HawaiiHepA.comor by calling 1-800-532-9250.

The hepatitis A outbreak:

On August 15, 2016, the Hawaii Department of Health (HDOH) identified raw scallops served at Genki Sushi restaurants on Oahu and Kauai as a likely source of an ongoing hepatitis A outbreak. The product of concern was identified to be Sea Port Bay Scallops that originated in the Philippines and were distributed by Koha Oriental Foods.

The class is defined as follows:

All persons who: (1) as a result of the 2016 Hepatitis A Outbreak infections linked to consuming food at thirteen Genki Sushi restaurants located on the islands of Oahu, Kauai, and Maui, were exposed to the hepatitis A virus (“HAV”) through one of three exposure-mechanisms (defined in the Exposure Subclasses), but did not become infected, and (2) as a result of such exposure, after learning of the requirement of treatment from an announcement of public health officials or a medical professional, obtained preventative medical treatment within 14 days of exposure, such as receiving immune globulin (“IG”), HAV vaccine, or blood test.

The preliminary settlement covers three subclasses:

Exposure Subclass 1 – up to $350: All Class Members who were in contact with one of the 292 persons who the Hawai’i Department of Health identified as infected with HAV as part of the 2016 Hepatitis A Outbreak. A contact is defined as:

  • All household members of one of the 292 persons
  • All sexual contacts with one of the 292 persons
  • Anyone sharing illicit drugs with one of the 292 persons
  • Anyone sharing food or eating or drinking utensils with one of the 292 persons
  • Anyone consuming ready-to-eat foods prepared by one of the 292 persons

Exposure Subclass 2 – up to $250: All Class Members who as a result of consuming food on or between August 1 to August 16, 2016, were exposed to HAV at one of the thirteen Genki Sushi restaurants located on the islands of Oahu, Kauai, and Maui, implicated in the summer 2016 outbreak of HAV.

Exposure Subclass 3 – up to $150: All Class Members who as a result of consumption of food or drink from one or more of the Secondary Establishments identified below, where an employee infected as part of the 2016 Hepatitis A Outbreak (one of the 292 persons) was found to have worked on the Identified Dates, were exposed as a result of consuming food or drink at the Secondary Establishment during one or more of the Identified Dates. The Secondary Establishments and Identified Dates are as follows:

  • Baskin Robbins located at Waikele Center, HI 96797: June 30 and July 1, 2, 2016;
  • Taco Bell located at 94-790 Uke’e St., Waipahu, HI 96797: July 1, 3, 4, 6, 7, 11, 2016;
  • Sushi Shiono located at 69-201 Waikoloa Beach Drive, Waikoloa, HI 96738: July 12, 13, 14, 15, 18, 19, 20, 21, 2016;
  • Chili’s Grill & Bar located at 590 Farrington Hwy, Kapoelei, HI 96707: July 20, 21, 22, 23, 25, 26, 27, 2016;
  • Twelve Hawaiian Airlines flights (24) flight 118 on July 24; (25) flight 117 on July 24; (26) flight 382 on July 24; (27) flight 383 on July 24; (28) flight 396 on July 24; (29) flight 365 on July 24; (30) flight 273 on July 25; (31) flight 68 on July 25; (32) flight 65 on July 25; (33) flight 147 on July 26;; (36) flight 18 on August 10; and (37) flight 17 on August 12, 2016;
  • Tamashiro Market located at 802 N. King St., Honolulu, HI 96817: July 23, 2016;
  • Papa John’s located at 94-1012 Waipahu St., Waipahu, HI 96797: August 2, 2016;
  • New Lin Fong Bakery located at 1132 Maunakea St., Honolulu, HI 96817: July 27, 29, 30, and August 1, 3, 5, 6, 2016;
  • Hokkaido Ramen Santouka, located at 801 Kaheka St., Honolulu, HI 96814: and August 3, 4, 5, 6, 9, 10, 11, 2016;
  • Kipapa Elementary School located at 95-76 Kipapa Dr., Mililani, HI 96789: August 10, 11, 12, 13, 14, 15, 16, 2016;
  • Zippy’s Restaurant located at 950 Kamokila Blvd., Kapolei, HI 96707: August 14, 18, 19, 21, 23, 25, 26, 2016;
  • Harbor Restaurant at Pier 38 located at 1133 North Nimitz Hwy, Honolulu, HI 96817: August 30-31 and September 1- 12, 2016;
  • Ohana Seafood at Sam’s Club located at 1000 Kamehameha Hwy., Pearl City, HI 96782: September 1- 11, 2016;
  • Chart House Restaurant located at 1765 Ala Moana Boulevard, Honolulu, HI 96815: September 4, 8, 9, 10, 11, 2016; and
  • McDonald’s Restaurant located at 4618 Kilauea Avenue, Honolulu, HI 96816: October 5, 7, 11, 2016.

Key dates for claimants to be aware of:

On October 15, 2018, the Notice Company will establish a website for this Settlement at www.HawaiiHepA.com which will include electronic copies of the Claim form, the Notice of Settlement for publication, the Preliminary Approval Order, and other information pertaining to the Settlement.

Beginning on or promptly after October 15, 2018, the Notice Company shall commence an online or social media campaign, to include Facebook, Instagram, or such other social media as the Notice Company deems appropriate, to disseminate notice of the Settlement

Beginning on or promptly after October 15, 2018, the Notice Company shall cause the Notice of Settlement for publication to be published once a week for two consecutive weeks in the Honolulu Star Advertiser on Oahu, Hawai’i, and Maui as a paid legal advertisement

The deadline for Class Members to request exclusion from the Class, to file objections to the Settlement, or to submit a Claim Form, shall be November 29, 2018.

A Final Approval Hearing shall be held on December 11, 2018 in the Circuit Court of the First Circuit, Hawaiii, before the Honorable Judge James H. Ashford for the purpose of determining: (a) whether the proposed settlement is fair, reasonable, and adequate and should be finally approved by the Court; and (b) whether to issue a final judgment order.

Marler Clark, The Food Safety Law Firm, is the nation’s food safety law firmrepresenting 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 $650 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 Costco, Chi-Chi’s, Chipotle, Olive Garden, Taco Bell, Townsend Farms, Tropical Smoothie, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr.  We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

For press contact:  Lauren Fricke – lfricke@marlerclark.com.

A preliminary settlement of up to $4,500,000.00 has been reached in a class action lawsuit filed on behalf of those who were exposed to hepatitis A related to eating at Genki Sushi restaurants in Hawaii in 2016, but who did not become ill with hepatitis A.

Qualified class members are entitled to receive up to either $350, $250, or $150 by submitting a claim form available at www.HawaiiHepA.com or by calling 1-800-532-9250.

 

THE DEADLINE TO FILE A CLAIM IS

NOVEMBER 29, 2018

 

ARE YOU ELIGIBLE TO PARTICIPATE?

In order to be eligible to participate in this settlement, you must fall within one of the three Subclasses summarized below.  The complete definition of the class and each subclass can be reviewed at www.HawaiiHepA.com.

HOW DO I FILL OUT THE CLAIM FORM?

If you are an eligible Subclass member (see below for description of each subclass), download the claim form available at: https://hawaiihepa.com/documents/HepA-Hawaii-ClaimForm.pdf.

Step 1:  Fill out the Contact Information.  Submit a new form for each person making a claim.

Step 2:  Select which subclass you are in (only check one).  Fill out the requested information associated with the subclass you are in.

Step 3:  Fill in the treatment information.  If the treatment was paid for insurance, please provide the information for the insurer.  No backup documentation is required.

If you did NOT use insurance, you MUST provide supporting documentation (e.g., receipt, documents from provider/physician, etc.).    

Step 4:  Sign the declaration and return the form via mail or email.  The deadline to submit a claim form is November 29, 2018. Forms received after that date will not be be processed.    

MAIL: Hawai’i Hep-A Claims c/o The Notice Company P.O. Box 455 Hingham, MA 02043

Fax: 808-748-0584

EMAIL: claims@HawaiiHepA.com

WHAT ARE THE SUBCLASSES?

Subclass 1 – up to $350: All Class Members who were in “contact” with one of the 292 persons who the Hawai’i Department of Health identified as infected with HAV as part of the 2016 Hepatitis A Outbreak.

A “contact” is defined as:

  • All household members of one of the 292 persons
  • All sexual contacts with one of the 292 persons
  • Anyone sharing illicit drugs with one of the 292 persons
  • Anyone sharing food or eating or drinking utensils with one of the 292 persons
  • Anyone consuming ready-to-eat foods prepared by one of the 292 persons

Subclass 2 – up to $250:  Subclass 3 members are those individuals who:

  • ate at any of the Genki Sushi locations identified below on or between August 1 to August 16, 2016; and
  • received preventative medical treatment, such as receiving immune globulin, HAV vaccine, or blood test within fourteen days of eating at one of the Genki locations below.

KAUAI:

  • 3-2600 Kaumaulii Hwy, Kauai, HI 96766

OAHU:

  • 820 West Hind Drive, # 102, Honolulu, HI 96821
  • 1450 Ala Moana Blvd #2096, Honolulu, HI 96814
  • 91-1401 Fort Weaver Rd. D-102, Ewa Beach, HI 96706
  • 45-480 Kaneohe Bay Drive, Kaneohe, HI 96744
  • 888 Kapahulu Ave, Honolulu, HI 96816
  • 4450 Kapolei Parkway, Kapolei, HI 96707
  • 98-1005 Moanalua Road, Ste. 801, Aiea, HI 96701
  • 94-799 Lumiaina St., Waipahu, HI 96797
  • 98-430 Kamehameha Hwy, Pearl City, HI 96782
  • 1200 Ala Moana Blvd, Honolulu, HI 96814

MAUI:

  • 70 E. Kaahumanu Ave, Kahului, HI 96732
  • 435 Keawe St., Lahaina, HI 96761

Subclass 3 – up to $150:  Subclass 3 members are those individuals who:

  • consumed food or drink from any of the following establishments on the specific dates identified below; and
  • received preventative medical treatment, such as receiving immune globulin, HAV vaccine, or blood test within fourteen days of eating at one of the establishments below.

Baskin Robbins located at Waikele Center, HI 96797:

  • June 30 and July 1, 2, 2016;

Taco Bell located at 94-790 Uke’e St., Waipahu, HI 96797:

  • July 1, 3, 4, 6, 7, 11, 2016;

Sushi Shiono located at 69-201 Waikoloa Beach Drive, Waikoloa, HI 96738:

  • July 12, 13, 14, 15, 18, 19, 20, 21, 2016;

Chili’s Grill & Bar located at 590 Farrington Hwy, Kapoelei, HI 96707:

  • July 20, 21, 22, 23, 25, 26, 27, 2016;

Twelve Hawaiian Airlines Flights

  • Flight 118 on July 24, 2016;
  • Flight 117 on July 24, 2016;
  • Flight 382 on July 24, 2016;
  • Flight 383 on July 24, 2016;
  • Flight 396 on July 24, 2016;
  • Flight 365 on July 24, 2016;
  • Flight 273 on July 25, 2016;
  • Flight 68 on July 25, 2016;
  • Flight 65 on July 25, 2016;
  • Flight 147 on July 26, 2016;
  • Flight 18 on August 10, 2016;
  • Flight 17 on August 12, 2016;

Tamashiro Market located at 802 N. King St., Honolulu, HI 96817:

  • July 23, 2016

Papa John’s located at 94-1012 Waipahu St., Waipahu, HI 96797:

  • August 2, 2016

New Lin Fong Bakery located at 1132 Maunakea St., Honolulu, HI 96817:

  • July 27, 29, 30, and August 1, 3, 5, 6, 2016

Hokkaido Ramen Santouka, located at 801 Kaheka St., Honolulu, HI 96814:

  • August 3, 4, 5, 6, 9, 10, 11, 2016;

Kipapa Elementary School located at 95-76 Kipapa Dr., Mililani, HI 96789:

  • August 10, 11, 12, 13, 14, 15, 16, 2016;

Zippy’s Restaurant located at 950 Kamokila Blvd., Kapolei, HI 96707:

  • August 14, 18, 19, 21, 23, 25, 26, 2016;

Harbor Restaurant at Pier 38 at 1133 North Nimitz Hwy, Honolulu, HI 96817:

  • August 30-31 and September 1- 12, 2016;

Ohana Seafood at Sam’s Club at 1000 Kamehameha Hwy., Pearl City, HI 96782:

  • September 1- 11, 2016;

Chart House Restaurant located at 1765 Ala Moana Blvd, Honolulu, HI 96815:

  • September 4, 8, 9, 10, 11, 2016; and

McDonald’s Restaurant located at 4618 Kilauea Avenue, Honolulu, HI 96816:

  • October 5, 7, 11, 2016.

THE DEADLINE TO FILE A CLAIM IS

NOVEMBER 29, 2018

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 $650 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 Costco, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr. We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

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

HONOLULU, Hawaii – A preliminary settlement of up to $4,500,000.00 has been reached in a class action lawsuit filed on behalf of those who were exposed to hepatitis A related to eating at Genki Sushi restaurants in Hawaii in 2016, but who did not become ill with hepatitis A. The class is represented by Seattle based, Marler Clark, the nation’s food safety law firm, Perkin and Faria, and Starn, O’Toole, Marcus, and Fisher, respected Hawaii firms.  See www.HawaiiHepA.com 

Genki-Stipulation for Order Stipulating Class filed 10.12.18

Genki-Order Approving Stipulation for Class Certification filed 10.12.18

Qualified class members are entitled to receive up to either $350, $250, or $150 by submitting a claim form available at www.HawaiiHepA.comor by calling 1-800-532-9250.

The hepatitis A outbreak:

On August 15, 2016, the Hawaii Department of Health (HDOH) identified raw scallops served at Genki Sushi restaurants on Oahu and Kauai as a likely source of an ongoing hepatitis A outbreak. The product of concern was identified to be Sea Port Bay Scallops that originated in the Philippines and were distributed by Koha Oriental Foods.

The class is defined as follows:

All persons who: (1) as a result of the 2016 Hepatitis A Outbreak infections linked to consuming food at thirteen Genki Sushi restaurants located on the islands of Oahu, Kauai, and Maui, were exposed to the hepatitis A virus (“HAV”) through one of three exposure-mechanisms (defined in the Exposure Subclasses), but did not become infected, and (2) as a result of such exposure, after learning of the requirement of treatment from an announcement of public health officials or a medical professional, obtained preventative medical treatment within 14 days of exposure, such as receiving immune globulin (“IG”), HAV vaccine, or blood test.

The preliminary settlement covers three subclasses:

Exposure Subclass 1 – up to $350: All Class Members who were in contact with one of the 292 persons who the Hawai’i Department of Health identified as infected with HAV as part of the 2016 Hepatitis A Outbreak. A contact is defined as:

  • All household members of one of the 292 persons
  • All sexual contacts with one of the 292 persons
  • Anyone sharing illicit drugs with one of the 292 persons
  • Anyone sharing food or eating or drinking utensils with one of the 292 persons
  • Anyone consuming ready-to-eat foods prepared by one of the 292 persons

Exposure Subclass 2 – up to $250: All Class Members who as a result of consuming food on or between August 1 to August 16, 2016, were exposed to HAV at one of the thirteen Genki Sushi restaurants located on the islands of Oahu, Kauai, and Maui, implicated in the summer 2016 outbreak of HAV.

Exposure Subclass 3 – up to $150: All Class Members who as a result of consumption of food or drink from one or more of the Secondary Establishments identified below, where an employee infected as part of the 2016 Hepatitis A Outbreak (one of the 292 persons) was found to have worked on the Identified Dates, were exposed as a result of consuming food or drink at the Secondary Establishment during one or more of the Identified Dates. The Secondary Establishments and Identified Dates are as follows:

  • Baskin Robbins located at Waikele Center, HI 96797: June 30 and July 1, 2, 2016;
  • Taco Bell located at 94-790 Uke’e St., Waipahu, HI 96797: July 1, 3, 4, 6, 7, 11, 2016;
  • Sushi Shiono located at 69-201 Waikoloa Beach Drive, Waikoloa, HI 96738: July 12, 13, 14, 15, 18, 19, 20, 21, 2016;
  • Chili’s Grill & Bar located at 590 Farrington Hwy, Kapoelei, HI 96707: July 20, 21, 22, 23, 25, 26, 27, 2016;
  • Twelve Hawaiian Airlines flights (24) flight 118 on July 24; (25) flight 117 on July 24; (26) flight 382 on July 24; (27) flight 383 on July 24; (28) flight 396 on July 24; (29) flight 365 on July 24; (30) flight 273 on July 25; (31) flight 68 on July 25; (32) flight 65 on July 25; (33) flight 147 on July 26;; (36) flight 18 on August 10; and (37) flight 17 on August 12, 2016;
  • Tamashiro Market located at 802 N. King St., Honolulu, HI 96817: July 23, 2016;
  • Papa John’s located at 94-1012 Waipahu St., Waipahu, HI 96797: August 2, 2016;
  • New Lin Fong Bakery located at 1132 Maunakea St., Honolulu, HI 96817: July 27, 29, 30, and August 1, 3, 5, 6, 2016;
  • Hokkaido Ramen Santouka, located at 801 Kaheka St., Honolulu, HI 96814: and August 3, 4, 5, 6, 9, 10, 11, 2016;
  • Kipapa Elementary School located at 95-76 Kipapa Dr., Mililani, HI 96789: August 10, 11, 12, 13, 14, 15, 16, 2016;
  • Zippy’s Restaurant located at 950 Kamokila Blvd., Kapolei, HI 96707: August 14, 18, 19, 21, 23, 25, 26, 2016;
  • Harbor Restaurant at Pier 38 located at 1133 North Nimitz Hwy, Honolulu, HI 96817: August 30-31 and September 1- 12, 2016;
  • Ohana Seafood at Sam’s Club located at 1000 Kamehameha Hwy., Pearl City, HI 96782: September 1- 11, 2016;
  • Chart House Restaurant located at 1765 Ala Moana Boulevard, Honolulu, HI 96815: September 4, 8, 9, 10, 11, 2016; and
  • McDonald’s Restaurant located at 4618 Kilauea Avenue, Honolulu, HI 96816: October 5, 7, 11, 2016.

Key dates for claimants to be aware of:

On October 15, 2018, the Notice Company will establish a website for this Settlement at www.HawaiiHepA.com which will include electronic copies of the Claim form, the Notice of Settlement for publication, the Preliminary Approval Order, and other information pertaining to the Settlement.

Beginning on or promptly after October 15, 2018, the Notice Company shall commence an online or social media campaign, to include Facebook, Instagram, or such other social media as the Notice Company deems appropriate, to disseminate notice of the Settlement

Beginning on or promptly after October 15, 2018, the Notice Company shall cause the Notice of Settlement for publication to be published once a week for two consecutive weeks in the Honolulu Star Advertiser on Oahu, Hawai’i, and Maui as a paid legal advertisement

The deadline for Class Members to request exclusion from the Class, to file objections to the Settlement, or to submit a Claim Form, shall be November 29, 2018.

A Final Approval Hearing shall be held on December 11, 2018 in the Circuit Court of the First Circuit, Hawaiii, before the Honorable Judge James H. Ashford for the purpose of determining: (a) whether the proposed settlement is fair, reasonable, and adequate and should be finally approved by the Court; and (b) whether to issue a final judgment order.

Marler Clark, The Food Safety Law Firm, is the nation’s food safety law firmrepresenting 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 $650 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 Costco, Chi-Chi’s, Chipotle, Olive Garden, Taco Bell, Townsend Farms, Tropical Smoothie, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr.  We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

For press contact:  Lauren Fricke – lfricke@marlerclark.com.

A restaurant in Erie County, New York, has been linked to 5 different cases of hepatitis A, an official told Fox News on Wednesday.

One case relates to a worker at Doino’s Pizzeria Bar and Grille in Cheektowaga, Erie County Department of Health spokesman Daniel Meyer said. The other four involve customers who “did have some type of food” – either takeout or dine-in – at the venue.

The worker was feeling sick and went to a medical facility before he was diagnosed with Hepatitis A, Meyer said. The man spoke to county officials but didn’t disclose he had the illness, he added.

It wasn’t until later, during a county health department investigation, that officials found out the man worked at the restaurant, Meyer explained.

Doino’s patrons who consumed food there from Aug. 20 to Sept. 3 should “monitor themselves and their families for any symptoms for hepatitis A for the next 50 days,” he recommended. Anyone who shows signs should “seek immediate medical attention.”

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 $650 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 Costco, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr. We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

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.

As of September 19, 2018, 18 people infected with the outbreak strain of E. coli O26 were reported from 4 states – Colorado (10), Florida (15), Massachusetts (1) and Tennessee (1). Illnesses started on dates ranging from July 5, 2018 to July 25, 2018. Ill people ranged in age from one year to 75, with a median age of 16. Sixty-seven percent of ill people were male. Of 18 people with information available, 6 (33%) were hospitalized, including one person who died in Florida.

Epidemiologic, laboratory, and traceback evidence indicates that ground beef from Cargill Meat Solutions was a likely source of this outbreak.

In interviews, ill people answered questions about the foods they ate and other exposures in the week before they became ill. Fourteen (100%) of 14 people interviewed reported eating ground beef. Ill people purchased ground beef from several different grocery stores, including Publix Super Markets, Inc.

USDA-FSIS conducted traceback investigations from stores where ill people reported buying ground beef. Initial information collected from ill people in Florida indicated that the ground beef was purchased from various Publix grocery stores. On August 30, 2018, Publix Super Markets, Inc. recalled ground chuck products sold in several Florida counties.

Further traceback investigation by USDA-FSIS identified Cargill Meat Solutions in Fort Morgan, Colorado as the source of the contaminated ground beef linked to illness, including the recalled ground beef sold at Publix stores in Florida. On September 19, 2018, Cargill Meat Solutions recalled ground beef products that were produced and packaged on June 21, 2018. Products are labeled with the establishment number “EST. 86R” inside the USDA mark of inspection. The products were shipped to retailers nationwide.

Laboratory testing identified the outbreak strain of E. coli O26 in leftover ground beef collected from the home of one ill person in Florida. WGS analysis showed that the E. coli O26 strain identified in the leftover ground beef was highly related genetically to the E. coli O26 strain isolated from ill people.

The ground beef items listed in Cargill’s Sept. 20 recall and associated with the illnesses were produced and packaged on June 21, 2018. The following products are subject to recall:

  • 3-lb. chubs of “OUR CERTIFIED 73/27 FINE GRIND GROUND BEEF” with a USE OR FREEZE BY JUL/11/18 and case code 00228749057646.
  • 3-lb. chubs of “OUR CERTIFIED 73/27 FINE GRIND GROUND BEEF” with a USE OR FREEZE BY JUL/11/18 and case code 00228749002653.
  • 10-lb. chubs of “EXCEL 73/27 FINE GRIND GROUND BEEF” with a Use/Frz. By Jul 11 and case code 00228749089098.
  • 10-lb. chubs of “EXCEL 73/27 FINE GRIND GROUND BEEF” with a Use/Frz. By Jul 11 and case code 90028749002751.
  • 10-lb. chubs of “EXCEL 81/19 FINE GRIND GROUND BEEF” with a Use/Frz. By Jul 11 and case code 90028749003536.
  • 10-lb. chubs of “EXCEL GROUND BEEF 81/19 FINE GRIND” with a Use/Frz. By Jul 11 and case code 00228749003568.
  • 10-lb. chubs of “EXCEL CHUCK GROUND BEEF 81/19 FINE GRIND” with a Use/Frz. By Jul 11 and case code 90028749402773.
  • 20-lb. chubs of “EXCEL 81/19 FINE GRIND GROUND BEEF COMBO” with a Use/Frz. By Jul 11 and case code 90028749073935.
  • 10-lb. chubs of “Sterling Silver CHUCK GROUND BEEF 81/19 FINE GRIND” with a Use/Frz. By Jul 11 and case code 00228749702416.
  • 10-lb. chubs of “CERTIFIED ANGUS BEEF CHUCK GROUND BEEF 81/19 FINE GRIND” with a Use/Frz. By Jul 11 and case code 90028749802405.
  • 10-lb. chubs of “CERTIFIED ANGUS BEEF CHUCK GROUND BEEF 81/19 FINE GRIND” with a Use/Frz. By Jul 11 with case code 00228749802413.
  • 10-lb. chubs of “Fire River Farms CLASSIC GROUND BEEF 81/19 FINE GRIND” with a USE/FREEZE BY: 07/11/2018 with case code 90734730297241.
  • The recalled products bear establishment number “EST. 86R” inside the USDA mark of inspection. Cargill shipped the products to retail locations nationwide.

The full list of affected grocers includes nationwide locations for Publix, Target, Safeway/Albertson’s, and Meijer stores. The recall includes North Carolina, Ohio and Virginia locations of Sam’s Club, California locations for FoodMaxx, Pak N Save, and Vons; and Aldi locations in Arkansas, Illinois, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Oklahoma, South Dakota and Wisconsin.

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 $650 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.

Publix Super Markets Inc., a Lakeland, Fla., retail grocery store chain is voluntarily recalling an undetermined amount of ground beef products made from chuck that may be contaminated with Escherichia coli O26, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The ground chuck items were purchased by consumers from June 25, 2018, through July 31, 2018. The following products are subject to recall: https://www.fsis.usda.gov/wps/wcm/connect/330436d0-f5bb-4ee3-a3eb-cca6459bf014/072-2018-List-Products.pdf?MOD=AJPERES&useDefaultText=0&useDefaultDesc=0

These items were shipped to Publix Super Market retail locations in the following Florida counties: https://www.fsis.usda.gov/wps/wcm/connect/68f37b9e-2b95-45c9-8ba7-36500f13a6ac/072-2018-Affected-Counties-Florida.pdf?MOD=AJPERES&useDefaultText=0&useDefaultDesc=0

On Aug. 16, 2018, FSIS was notified of an investigation of E. coli O26 illnesses. FSIS, the Centers for Disease Control and Prevention, and state public health and agriculture partners determined that raw ground chuck was the probable source of the reported illnesses. The epidemiological investigation identified 18 case-patients, predominantly from Florida, with illness onset dates ranging from July 5 to July 25, 2018. Traceback information indicated that case-patients consumed ground chuck products purchased at various Publix Super Markets that was supplied by a yet-to-be determined source. As this investigation further develops, FSIS will continue to work with the supermarket, suppliers and public health partners, and will provide updated information should it become available.

E. coli O26, like the more common E. coli O157:H7, is a serovar of Shiga toxin-producing E. coli (STEC). People can become ill from STECs 2–8 days (average of 3–4 days) after exposure to the organism.

Most people infected with STEC O26 develop diarrhea (often bloody) and vomiting. Some illnesses last longer and can be more severe. Infection is usually diagnosed by testing of a stool sample. Vigorous rehydration and other supportive care is the usual treatment; antibiotic treatment is generally not recommended. Most people recover within a week, but rarely, some develop a more severe infection. Hemolytic uremic syndrome (HUS), a type of kidney failure, is uncommon with STEC O26 infection. HUS can occur in people of any age but is most common in children under 5 years old, older adults and persons with weakened immune systems. It is marked by easy bruising, pallor and decreased urine output. Persons who experience these symptoms should seek emergency medical care immediately

FSIS is concerned that some product may be frozen and in consumers’ freezers. Consumers who have purchased these products are urged not to consume them.

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 $650 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.

On Aug. 16, 2018, FSIS was notified of an investigation of E. coli O26 illnesses. FSIS, the Centers for Disease Control and Prevention, and state public health and agriculture partners determined that raw ground chuck was the probable source of the reported illnesses. The epidemiological investigation identified 18 case-patients, predominantly from Florida, with illness onset dates ranging from July 5 to July 25, 2018. Traceback information indicated that case-patients consumed ground chuck products purchased at various Publix Super Markets that was supplied by a yet-to-be determined source.

A little past history on E. coli O26:

2018 Outbreak of E. Coli O26 Linked to Homegrown Restaurants, King County, Washington

  • Organism:
  • Non-O157 STEC
  • Vehicle:
  • Chicken pesto sandwich

On May 25, 2018 Public Health Seattle King County (PHSKC) announced an outbreak of E. Coli O26 associated with Homegrown Restaurants. Four cases were reported. Three were laboratory confirmed with a genetically indistinguishable strain of E. Coli …Read More »

2017 E. coli O157:H7 and E. coli O26 outbreak among Marine recruits, California

  • Organism:
  • coli O157:H7, Non-O157 STEC
  • Vehicle:
  • beef

In October 2017 an outbreak of E. coli O157:H7 and E. coli O26 occurred among recruits at the Marine Corps Recruit Depot in San Diego and the command’s field training facilities at Edson Range, Camp Pendleton, California. Investigators identified 62 …Read More »

2017 Outbreak of E. coli O26 in Multiple Counties, Colorado

  • Organism:
  • Non-O157 STEC
  • Vehicle:
  • Unknown

Six people residing in Adams, Arapahoe, Denver and Douglas counties, Colorado were laboratory confirmed with E. coli O26 between September 1, 2017 and October 15, 2017. One person was hospitalized. No one died. Three out of 6 cases consumed raw spina…Read More »

2015 Outbreak of E. coli O26 Linked to Chipotle Mexican Grill, Washington and Oregon

  • Organism:
  • Non-O157 STEC
  • Vehicle:
  • unknown

The CDC, FDA, USDA FSIS and public health officials in several states investigated two outbreaks of E. coli O26 linked to food sold at Chipotle Mexican Grill restaurants. Public health investigators used PulseNet to identify illnesses that were part …Read More »

2013 Multi-state Outbreak of E. coli O26 Suspected to be Caused by Iceberg Lettuce

  • Organism:
  • Non-O157 STEC
  • Vehicle:
  • Iceberg lettuce

In the spring of 2013 twenty six cases of E. coli O26 were reported by 13 states: Illinois (6), Minnesota (5), Wisconsin (3), Michigan (2), California (2) and Kentucky, Missouri, Mississippi, New Jersey, new York, Ohio, Washington and West Virginia, …Read More »

2011 Outbreak of E. coli O26 at Jimmy John’s Restaurants Linked to Raw Clover Sprouts

  • Organism:
  • Non-O157 STEC
  • Vehicle:
  • Vegetables, Sprouts, Clover Sprouts

On February 15, 2012, the Centers for Disease Control first announced an ongoing investigation into illnesses linked to the consumption of raw clover sprouts consumed at Jimmy John’s Restaurants in several states. The illnesses were caused by E. co…Read More »

Cargill Meat Solutions/BJ’s Wholesale Club Ground Beef 2010

  • Organism:
  • Non-O157 STEC
  • Vehicle:
  • Beef, Ground Beef

A recall of ground beef was issued on August 28 when three people developed illnesses caused by rare strain of E. coli O26 after they had eaten the product. The ground beef produced by Cargill Meat Solutions, of Pennsylvania and was distributed to B…Read More »

Thanks for Outbreak Database Dot Com.

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 $650 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.