A Quick Swim In The E Coli Contaminated Oklahoma River Seemed Like A Good Idea At The Time

Posted by E. coli Lawyer on May 28, 2009

It seemed like such a good idea at the time.  Everyone would meet at Regatta Park in downtown Oklahoma City at the corner of Reno and Lincoln.  The race would begin off the docks of the Chesapeake Boathouse with a one lap, 1.5 kilometer swim across the Oklahoma River.  The Boathouse International Triathlon would finish up with a 40k bike race and 10k  foot race with $30,000 in prize money for the winners.

That was two weekends ago. Now, however, the Oklahoma Department of Health has reason to believe at least 20 of the 376 triathlon participants are sick with "gastrointestinal illness"

Race officials went ahead with the triathlon on May 16-17th even though water tests conducted on May 15th showed an E. coli count of 573 per 100 milliliters of water. The state standard for "primary body contact recreation," where ingesting water is possible, is a count no higher than 126 for E. coli.

State health officials are now asking every triathlon participant to fill out an online health survey.

Oklahoma's water woes are becoming all too common.  Private well water was suspected in last year's outbreak of E. coli 0111 in Locust Grove, OK.   The state's final report on that can be found here.  Contamination from "poultry litter" has been a subject for litigation involving both the Oklahoma and Illinois rivers.

Food Borne Illness Attorney William Marler Says When Its Comes To E. coli Outbreak, Remember What You Ate

Posted by E. coli Attorney on May 26, 2009

The following was an editorial by Youngstown, Ohio television station WYTV-33:

Summertime means firing-up the grill or heading to the county fair, but it also means e-coli dangers.

The US Department of Agriculture says at least three people in Ohio are sick with e-coli after eating meat from Valley Meats in Illinois.  The company is now recalling nearly 96,000 pounds of ground beef.

You can protect yourself from e-coli by washing your hands and food, and fully cooking your meat.  E-coli can cause abdominal pain, and even acute kidney failure.  Health officials say e-coli has a 1 to 10 day incubation period.

William Marler, Food Borne Illness Attorney says, "An e-coli outbreak, it is never the last thing you ate.  It is usually 3 to 4 or 5 days ago that likely made you sick.  So having a pretty good understanding of what your diet has been 3 or 4 or 5 days ago become equivical when the health dept. is investigating."

For more information, you can call the USDA meat and poultry hotline at 1-888-MP-HOTLINE or click here.

E. coli Lawyer - E. coli Outbreak, Illnesses and Death in Ohio, Pennsylvania and Illinois Linked to Valley Meats - Is this the beginning of E. coli Season?

Posted by E. coli Lawyer on May 25, 2009

I did not serve hamburger to my kids at our Memorial Day Barbecue – again. Perhaps after 16 years of Litigating E. coli cases make me more wary than most, or perhaps it is the facts that on family of a seven year old is mourning the loss of their child – because she ate a hamburger. When is the Meat Industry going to get it?

The presence of E. coli O157:H7 in hamburger was defined as an adulterant under the Federal Meat Inspection Act in 1994. However, recalls of E. coli O157:H7 contaminated meat and related illnesses continued over the next decade to grow, as did my law firm. Oddly too, and with near regularity, E. coli O157:H7 recalls and illnesses seemed to begin in the Spring and peak in late Summer and Fall from 1993 through 2002.

After 24 million pounds of contaminated beef were recalled in 34 separate incidents in 2002, recalls dropped off to just over a million pounds a year for the next three years, and then to just 181,900 pounds in 2006. The Centers of Disease Control and Prevention saw E. coli O157:H7 – related illnesses drop 48% between 2000 and 2006.

The reality is that from 1993 through 2002, children sickened with E. coli O157:H7 tainted hamburger made up the bulk of my law practice. However, as E. coli O157:H7 hamburger recalls fell from 2003 through the end of 2006, I wondered if the law firm would survive. Springs just simply were not the same.

But then came Spring 2007. E. coli O157:H7, which begins its life in the hindgut of a cow, mounted a surge on its home court. And, it came back with a vengeance. Since the Spring of 2007, forty-four million pounds of beef have been recalled in 25 incidents due to E. coli O157:H7. And, I am now back in the meat business, and look to Spring not just for the beginning of hay fever season.

Coal Valley Meat Processing Plant Has A History Of E. coli 0157:H7 Contamination

Posted by E. coli Lawyer on May 22, 2009

Ohio health officials have confirmed the death of a 7-year old Cleveland girl due to an E. coli infection related to what is now a multi-state outbreak traced back to a troubled Illinois meatpacker.

Yesterday's recall of 96,000 pounds of ground beef from Valley Meats LLC was not a first time offense for the Coal Valley, IL business that is known to the United States Department of Agriculture (USDA) as "Establishment 5712."

J&B Meats, listed on USDA records as the processor for Valley Meats, previously:

  • Recalled 63,000 pounds of ground beef on 6/26/02.
  • Recalled 76,000 pounds of ground beef on 8/23/03, and
  • Recalled 173,554 pounds of ground beef on 10/13/07.

Like the current recall, all the previous recalls from "Establishment 5712" were for E. coli contamination. Last time, consumer complaints led to the E. coli discovery. Before that it was the Wisconsin Health Department, and the first time, USDA didn't say.

Both Valley Meats and J&B Meats operate out of 2302 First Street in Coal Valley, IL, sharing the same establishment number and same address and phone number in USDA's files.  J&B also is one of the brand names listed in the Valley Meats recall.

So far three other Ohio illnesses have been linked to the E. coli strain: A three-year-old girl, a 24-year-old man and a 71-year-old man.  People are also believed to be sick in Pennsylvania and Illinois.  MSNBC has a story here.

Ohio Reports Cluster Of E. coli 0157:H7 Infections Leading To Ground Beef Recall: Are More E. coli Lawsuits In the Future?

Posted by E. coli Lawyer on May 21, 2009

 

The Ohio Department of Health reports a cluster of E. coli O157:H7 infections in Ohio, Pennsylvania, and Illinois, prompting FSIS to announce a HIGH HEALTH RISK, CLASS I RECALL.

ILLINOIS FIRM RECALLS GROUND BEEF PRODUCTS DUE E. COLI O157:H7 CONTAMINATION

Valley Meats LLC, a Coal Valley, Ill., establishment is recalling approximately 95,898 pounds of ground beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.  The problem was discovered through an epidemiological investigation of illnesses. On May 13, 2009, FSIS was informed by the Ohio Department of Health of a cluster of E. coli O157:H7 infections. Illnesses have been reported in Ohio, Pennsylvania, and Illinois.

For more information about E. coli O157:H7, see, www.about-ecoli.com and for complications like Hemolytic Uremic Syndrome, see, www.about-hus.com.

The products subject to recall include:

Continue Reading...

Chicken Industry Wins In 10th Circuit Over State of Oklahoma In "Poultry Litter" Case

Posted by E. coli Lawyer on May 18, 2009

 In a 2-to-1 vote,  the United States Court of Appeals for the Tenth Circuit ruled against the State of Oklahoma in the ongoing "poultry litter" litigation.   The action continues a  federal trial  court's denial of Oklahoma's motion to stop Tyson Foods and other chicken companies from dumping "poultry litter" on land within the Illinois River Basin.

The Denver-based Appeals Court found Oklahoma did not prove poultry litter contamination was responsible for pollution of the river basin. So-called "poultry litter" covers everything from bird droppings to fertilizer and the bedding material used under the chicks. It also collects all sorts of bacteria, including E. coli, salmonella and campylobacter, all of which can lead to illness and even death in humans.

Oklahoma is suing the chicken industry under the federal Resource Conservation and Recovery Act (RCRA). The state sought a preliminary injunction to block dumping poultry litter on the one million acre basin. The Illinois River is popular for water recreation, and provides drinking water for local residents.

The Appeals Court ruling means it will be business as usual for the poultry industry in the IRB unless and until Oklahoma wins at the trial court level.   Its RCRA lawsuit could be heard later this year.   Had Oklahoma won this round in the Appeals Court, it would have been in a much stronger position going forward.

The Courthouse News Service reported:

"The district court, based on the evidence presented, simply could not establish a sufficient link between land-applied poultry litter and bacteria in the [watershed]," Judge Kelly wrote, "and therefore preliminary injunctive relief was not appropriate."

In a partial dissent, Judge Ebel said the lower court had applied an overly strict legal standard in evaluating the state's claims.  The state needed only to demonstrate a substantial risk of harm, not prove causation, Ebel argued.

While not in the Illinois River Basin, the Town of Locust Grove, OK has figured in the state's fight with the poultry industry.   Attorney General Drew Edmondson blames "poultry litter" for last year's outbreak of E. coli 0111 at the town's Country Cottage restaurant.  The state's official report on the outbreak, however, did not make such a connection.

The court's decision can be found here.

FSIS Routine Testing Discovers Contaminated Beef In Arkansas

Posted by E. coli Lawyer on May 12, 2009

Routine testing by the Food Safety and Inspection Service (FSIS) found that ground beef produced by Bob's Food City, a Hot Springs, Arkansas based retailer was contaminated with the deadly E coli 0157:H7.

The finding brought today's recall by the grocer of 375 pounds of ground beef. It was produced on May 7th with a sell by date of 05/09/09.

The products subject to recall include: 1-pound through 5-pound tray packs of "GROUND BEEF CHUCK," "GROUND ROUND" or "REGULAR GROUND BEEF."

There is no USDA mark of inspection on the tray packs. The recall was made public by the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today.

While the amount of beef involved in this Class 1 recall is small, the health risk is high.

Prom Queen Is E. Coli Victim And Cannot Go; So Prom Comes To Her Hospital

Posted by E. coli Attorney on May 10, 2009

Spring break in Mexico has left Fishers High School prom queen in the hospital with E. coli since April 18th, unable to attend the big event.

But thanks to her friends from school and an understanding Indianapolis Hospital staff, the prom came to the queen.

The prom queen and her boyfriend were joined by several friends for a pre-prom dinner Saturday night in a transformed hospital atrium.

Fishers Principal Jason Urban also attended the makeshift prom event to present Westrick and her boyfriend, senior Gabe Hulecki, with their honorary crowns as prom queen and king respectively.

Westrick is said to have excellent prospects for a full recovery.  South Bend's Channel 28 has the the cute story here.

New York Wholesaler Recalls Nearly 5,000 Pounds Of E. Coli Contaminated Ground Beef

Posted by E. coli Lawyer on May 06, 2009

 FSIS is out with a recall of  approximately 4,663 pounds of ground beef products  from Alex & George Wholesale, Inc., a Rochester, New York firm, because they may be contaminated with E. coli O157:H7.  The following products are subject to recall:

* 10-pound poly bag of "A & G Brand BULK GROUND BEEF"
* 10-pound poly bag of "A & G Brand 'HOT SAUCE' SPECIAL BLEND"
* 25-pound poly bag of "A & G Brand BULK GROUND BEEF"
* 30-pound poly bag of "A & G Brand BULK GROUND BEEF"
* 10-pound case of (3-1) "A & G Brand GROUND BEEF PATTIES"
* 10-pound case of (5-1) "A & G Brand GROUND BEEF PATTIES"
* 10-pound case of "A & G Brand 'Homestyle Press' GROUND BEEF PATTIES"
* 10-pound case of (6-1) "A & G Brand GROUND BEEF PATTIES"
* Cases containing 48, 4.25-ounce"A & G Brand GROUND BEEF PATTIES 'PUCKS'"
* Cases containing 48, 5-ounce "A & G Brand 'Homestyle Press' GROUND BEEF PATTIES"
* Cases containing 48, 5-ounce (4-1) "A & G Brand 'Homestyle Press' GROUND BEEF PATTIES"
* Cases containing 48, 5-ounce "A & G Brand GROUND BEEF PATTIES 'PUCKS.'"

These packages of ground beef were packed in 10, 15, 25, and 30-pound shipping cases which bear the establishment number "EST. 4553" inside the USDA mark of inspection. The (3-1), (4-1), (5-1) and (6-1) refers to the number of portions per one pound.  These ground beef products were produced on April 29 and distributed to restaurants in western New York.

The contamination was found through routine testing. 

 

Raleigh Wedding Reception E. coli O157:H7 Cases Settle

Posted by E. coli Lawyer on May 03, 2009

 

On October 22, The General Communicable Disease Control Branch (GCDC) of North Carolina was contacted by a guest and family member of the bride to report an outbreak of gastroenteritis caused by E. coli O157:H7, associated with a catered wedding reception held in Raleigh on October 13, 2007. GCDC reported the call to Communicable Disease nurse staff at the Wake County Human Services Department (WCHS) and offered to assist with their investigation.

The wedding reception was held at the Exploris Museum in Raleigh and was catered by Triangle Catering. 110 wedding guests were invited to attend, and staff who worked the even were allowed to consume leftover food items.

27 people report a diarrheal illness with onset between October 13-24, 2007. Two people were hospitalized. One patient in New York reportedly has acute renal failure, and is considered an HUS case by the State of New York.  The State of North Carolina Health Department concluded that:

"It does seem more likely than not the outbreak occurred because of exposures to food items served at the wedding reception that were contaminated with E. coli O157:H7. "

All cases were recently settled.

After Nearly Two Years, Victims Of United Food Group, LLC (UFG) E. coli Outbreak Settle

Posted by E. coli Attorney on May 01, 2009

 

In June of 2007, United Food Group, LLC (UFG) recalled 5.7 million pounds of ground beef products after a joint investigation into an E. coli O157:H7 outbreak by Colorado and California health officials in conjunction with the Centers for Disease Control and Prevention (CDC) led to the conclusion that UFG ground beef was the source of the outbreak.  The California Department of Health Services, Colorado Department of Health, and CDC reported 14 illnesses associated with the outbreak: 6 in Arizona, 3 in California, 2 in Colorado, 1 in Idaho, 1 in Utah, and 1 in Wyoming.

Marler Clark filed suit against United Food Group (UFG) on June 14, 2007 on behalf of a four-year-old California child who became ill with E. coli O157:H7 andhemolytic uremic syndrome (HUS) after eating UFG ground beef. The firm represented several other families who were impacted by the UFG ground beef E. coli O157:H7 outbreak and recall, including three others who developed HUS.  In total, Marler Clark represented nine cases. To date, eight have been settled.