Food Poisoning Information

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 KinerStephanie 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 KinerStephanie 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 KinerStephanie 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.

The New York State Department of Health, working collaboratively with the Chautauqua County Health Department, is investigating reports of multiple illnesses potentially associated with the McDonald’s at 2803 N. Main Street Extension in Jamestown, Chautauqua County.

“We are working diligently with the State Health Department and McDonald’s representatives to conduct a thorough epidemiological investigation into these illnesses,” said Christine Schuyler, County Public Health Director. “There is currently no identified source of these illnesses and there is no evidence that the illness can be spread from person to person.”

Twenty-two (22) individuals reported common symptoms of nausea, vomiting or diarrhea from August 4-21. Through interviews conducted with 15 case patients, all individuals indicated they had eaten various breakfast sandwiches at the establishment. Additionally, patient samples as well as breakfast sandwiches prepared at the McDonald’s were sent to the Wadsworth Center, New York State’s Public Health Laboratory in Albany, for testing. While many tests are pending, preliminary testing has come back negative.

McDonalds is fully cooperating with this investigation and is readily following all recommendations of the State and County Health Departments while this investigation continues. The franchise owner is voluntarily implementing the following precautionary action items: temporarily closing the establishment to conduct a thorough cleaning of the food preparation area and all equipment, reviewing the food preparation and distribution process in conjunction with County staff, obtaining a fresh supply of ingredients prior to restarting food production, and conducting a follow up meeting with the Chautauqua County Health Department to ensure all recommendations were appropriately met.

No other McDonald’s locations are involved in this investigation.

Anyone who may have visited the McDonalds at 2803 N. Main Street Extension in Jamestown and experienced vomiting and/or diarrhea shortly after eating there between August 4 to today can contact the Chautauqua County Health Department at 716-753-4483 or email CCHEALTH@co.chautauqua.ny.us.

Sorry Tom Hanks

Summary
Public Health is investigating an outbreak of salmonellosis (caused by Salmonella bacteria) associated with Fremont Bowl in Seattle. At this time, the source of the illnesses has not been identified.

Illnesses
Since August 8, we have learned of four people from three separate meal parties who have reported becoming ill after eating at Fremont Bowl during July 27-29, 2018. One of the ill people was hospitalized and has since recovered. There is no indication that any employees of the restaurant have had any symptoms consistent with salmonellosis.

Public Health actions
On August 9, 2018, Environmental Health investigators completed an inspection at Fremont Bowl where potential risk factors were identified, including inadequate hand washing, lack of temperature controls, and risk of cross contamination; corrective actions were discussed with Fremont Bowl management. On August 10, 2018, Environmental Health investigators re-visited and closed the establishment because many of the corrective actions were not completed.

On August 13, 2018, Environmental Health investigators re-visited Fremont Bowl. They provided food safety training to all staff, confirmed that a thorough cleaning and disinfection had been completed, and all processed, ready-to-eat foods had been discarded. Fremont Bowl was allowed to re-open on August 13, 2018.

Laboratory testing
Three of the four people who got sick tested positive for Salmonella Enteritidis by a healthcare provider. The fourth person ate at Fremont Bowl prior to becoming ill with symptoms consistent with salmonellosis.

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 $650 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.

According to Delaware County Health Commissioner Shelia Hiddleson, although food samples tested negative for C. perfringens bacteria, the stool samples tested positive for the toxin that C. perfringens forms in the gastrointestinal tract.

A specific food has not been able to be identified as the source of illness. Ongoing food and stool testing is being conducted by the CDC lab.

“I am extremely proud of our team! This investigation included countless hours of phone calls and interviews along with multiple inspections. We are also appreciative of our community for being very cooperative during this investigation and for understanding our work in protecting the public’s health. We are also thankful for the work of our partners at the Ohio Department of Health and the CDC,” said Delaware County Health Commissioner Shelia Hiddleson.

In response to this outbreak, Brian Niccol, CEO of Chipotle Mexican Grill stated that “Chipotle Field Leadership will be retraining all restaurant employees nationwide beginning next week on food safety and wellness protocols.” Click here for complete statement.

Health District staff identified 647 people who self-reported gastrointestinal symptoms after consuming food from the Chipotle on Sawmill Parkway between Thursday July 26 – Monday July 30, 2018.

What is Clostridium Perfringens?

Clostridium perfringens are bacteria that produce toxins harmful to humans. Clostridium perfringens and its toxins are found everywhere in the environment, but human infection is most likely to come from eating food with Clostridium perfringens in it. Food poisoning from Clostridium perfringens fairly common, but is typically not too severe, and is often mistaken for the 24-hour flu.

The majority of outbreaks are associated with undercooked meats, often in large quantities of food prepared for a large group of people and left to sit out for long periods of time. Because of this, it is sometimes referred to as the “food service germ.” Meat products such as stews, casseroles, and gravy are the most common sources of illness from C. perfringens. Most outbreaks come from food whose temperature is poorly controlled. If food is kept between 70 and 140 F, it is likely to grow Clostridium perfringens bacteria.

People generally experience symptoms of Clostridium perfringens infection 6 to 24 hours after consuming the bacteria or toxins. Clostridium perfringens toxins cause abdominal pain and stomach cramps, followed by diarrhea. Nausea is also a common symptom. Fever and vomiting are not normally symptoms of poisoning by Clostridium perfringens toxins.

Illness from Clostridium perfringens generally lasts around 24 hours, and is rarely fatal.

The Type C strain of Clostridium perfringens can cause a more serious condition called Pig-bel Syndrome. This syndrome can cause death of intestinal cells and can often be fatal.

To prevent infection by Clostridium perfringens, follow the these tips:

  • Cook foods containing meat thoroughly
  • If keeping foods out, make sure they maintain a temperature of 140 F (60 C)
  • When storing food in the refrigerator, divide it into pieces with a thickness of three inches or less so that it cools faster
  • Reheat foods to at least 165 F (74 C)

References

“Clostridium perfringens.” Illinois Department of Public Health. Available at http://www.idph.state.il.us/Bioterrorism/factsheets/clostridium.htm.

Rohrs, Barbara. “Clostridium perfringens.” Ohio State University Extension Family and Consumer Sciences. Available at http://ohioline.osu.edu/hyg-fact/5000/5568.html.

To download E. coli complaint – COMPLAINT

Authors: Amelia Keaton, R. Hassan, S. Luna, I. Lee, R. Magalhaes, M. Bidlack, L. Smith, R. Maves, D. Freer, K. Flinn, G. Monk, P. Graf, K. Trinh, J. Crandall, D. Noveroske, G. Fortenberry, L. Ramos, R. Recio, C. Peak, E. McDonald, T. Waltz, K. Patel, D. Wagner, J. Espiritu, L. Christensen, L. Gieraltowski

Background: Shiga toxin-producing Escherichia coli (STEC) infections are a substantial cause of foodborne illness and a cause of hemolytic-uremic syndrome (HUS). In November 2017, CDC assisted the US Navy in a response to an outbreak of STEC illnesses in recruits at a Marine Corps Recruit Depot in San Diego (MCRD). We investigated to determine the source of this outbreak and identify prevention and mitigation measures.

Methods: In October 2017, medical providers identified a high number of gastrointestinal (GI) illnesses at MCRD. Recruits with diarrhea submitted stool specimens for culture and/or culture-independent diagnostic testing (CIDT) for GI pathogens. We performed pulsed-field gel electrophoresis (PFGE) on culture isolates. Case-patients were then defined as follows: confirmed (PFGE-confirmed STEC infection matching outbreak strains), probable (diagnosis of HUS and/or CIDT evidence of STEC), and suspected (bloody diarrhea). We conducted environmental evaluations of facilities, training areas, and barracks. A case-control study was performed using PFGE-confirmed case-patients and platoon-matched controls. We performed product traceback for foods identified as exposure risks by interview or case-control study.

Results: We identified 62 confirmed, 62 probable, and 120 suspected case-patients. Thirty case-patients required hospitalization and 15 had HUS. Case-patient ages ranged from 17-28 years (median: 18 years). Poor hygiene practices among recruits and inconsistent cooking temperatures within dining facilities were noted. Forty-three case-patients and 135 controls were interviewed about food, hygiene, and environmental exposures. Consumption of undercooked beef was found to be significantly associated with illness, (mOR 2.40, CI 1.04-5.72, p=0.04). We identified a single ground beef supplier for MCRD, but MCRD records did not document which specific lots of ground beef were used.

Conclusions: Case-control analysis and environmental observations suggested undercooked ground beef as a potential source for this outbreak. We recommended the Navy and Marine Corps retain lot information, address food handling concerns, and improve hygiene among recruits.

REF:  https://www.cdc.gov/eis/downloads/eis-conference-2018-508.pdf, page 117

SEATTLE, WA – Marler Clark, the Nation’s Food Safety Law Firm, has hired two new attorneys over the past year. Jenny Schell and Josh Fensterbush both graduated from Seattle University School of Law, the alma mater of managing partner, Bill Marler. Unfortunately, 2018 has been one of the busiest years for Marler Clark representing victims of foodborne illness. The firm has 100 clients from the romaine E. colioutbreak alone as well as clients from:

  • Cyclosporaoutbreak linked to Fresh Express salads
  • Cyclosporaoutbreak linked to Del Monte vegetable trays
  • Salmonellaoutbreak linked to Jimmy John’s sprouts
  • Salmonellaoutbreak linked to Fareway chicken salad
  • Salmonella outbreak linked to Rose Acre Farms
  • Salmonellaoutbreak linked to Caito cut melons
  • Salmonella outbreak linked to Kellog’s Honey Smacks
  • Salmonellaoutbreak linked to Hy-Vee pasta salad

Jenny joined Marler Clark in August 2018. Before joining us, she served as a judicial clerk for Associate Chief Justice Charles W. Johnson of the Washington State Supreme Court. While in law school, Jenny was a legal extern for Judge Beth Andrus in King County Superior Court and worked with organizations such as the ACLU of Washington and the Washington Appellate Project. She speaks fluent Spanish and worked in immigration defense before law school.

Jenny graduated from Seattle University School of Law, magna cum laude, in 2017. She also has a B.A. with honors in history from Lewis & Clark College. Outside of work, she enjoys playing music and doing anything outdoors, especially if she can take her dog with her.

Josh joined Marler Clark in March 2017, after graduating from Seattle University School of Law, Cum Laude. During law school, Josh served as a legal extern to Commissioner Kanazawa at Division 1 of the Washington State Court of Appeals, as a local Casework Coordinator for the International Refugee Assistance Project and was also appointed Research & Technical Editor of the Seattle University Law Review.

At Marler Clark, Josh serves in multiple capacities to bring about effective results for claimants of foodborne injuries. He has worked on a variety of cases involving E. coli, hepatitis A, Salmonella, and Listeriaoutbreaks, and his work regularly involves conducting discovery matters, researching critical litigatory issues, drafting pleadings and motions, and participating in mediations and trial preparation.

Josh is also proud alumnus of Victoria University of Wellington, New Zealand, where he earned a Bachelor of Arts Degree in International Relations and Philosophy. His activities during that time not only influenced him to pursue a legal education, but also fostered in him a deep love for the outdoors, biking, rugby, and beer.

Marler Clark, The Food Safety Law Firm, has represented thousands of individuals in claims against food companies whose contaminated products have caused life altering injury and even death. Marler Clark formed after managing partner, Bill Marler, began litigating foodborne illness cases in 1993, when he represented Brianne Kiner, the most seriously injured survivor of the historic Jack in the Box E. coliO157:H7 outbreak, in her landmark $15.6 million settlement with the company.  The 2011 book, Poisoned: The True Story of the Deadly E. coli Outbreak that Changed the Way Americans Eat, by best-selling author Jeff Benedict, chronicles the Jack in the Box outbreak and the rise of Bill Marler as a food safety attorney.  A new edition of the book is coming out later this year.