E Coli Lawyer & Attorney : Marler Clark Law Firm : E. coli Blog

Canada has issued a border-to-border  "Health Hazard Alert" over ground beef that may be contaminated with E coli O157:H7.

This  "Health Hazard Alert" in Canada is pretty much like a recall in the United States, except there isn't much focus on returning the product nor on how much meat is actually involved.  Still, the Canadian Food Inspection Agency (CFIA) in both English and French is saying: "Do not consume this ground beef!" - "Ne pas manger cette viande hachée!"

The frozen ground beef involved is Belmont Meat Products Ltd. distributed by Costco Wholesale in Ontario and Steakhouse Beef Burgers distributed across Canada by M&M Meat Shops.

Costco sells 10 pound restaurant Packs from Belmont Meat stamped with the number 853629 and M&M Meat Shops sell the Steakhouse Beef Burgers in 2.25 pound packages marked with PLU #188.

Some fresh ground beef was sold at three local markets in Ontario between March 13 and 21, 2008 might have also been contaminated.

No illnesses have yet been connected to Canada's E. coli Alert.

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The states and even the federal government generally use the "voluntary recall" method when they discover contaminated food is making its way to consumers.   That system is being tested in Florida  where the Department of Agriculture and Consumer Services has stepped in to recall Santa Rosa Cheese, Naturally Aged White Cheese.  The cheese may be contaminated with E. coli bacteria.

Dr. John Fruin, chief of the Bureau of Food and Meat Inspection for the department, admitted to the Tallahassee Democrat newspaper that the state has known of the bad cheese since Dec. 26.

Dr. Fruin told the newspaper that:  "the reason we did not put the press release out right away was because the firm was going to put out the press release and contact their buyers,” In the weeks that followed, however, “We didn’t feel the firm did an adequate job of notifying the public.”

It was sample testing performed by the Florida Department of Agriculture and Consumer Services revealed the presence of generic E.coli bacteria – not the more dangerous E.coli O157: H7 strain - in samples of the cheese collected from the manufacturer’s Miami warehouse

Dr. Fruin said three samples contained 760 particles, 2,100 particles and more than 49,000 particles of the bacteria per gram. He said Tallahassee area grocers may not carry Santa Rosa Cheese because it’s primarily sold in markets with larger Hispanic communities.

“We don’t expect to see any E. coli in a pasteurized cheese product,” Fruin said. “Our limit is 10 (particles per gram) so when we get more than 10, we will put that product on a stop sale and try to take it out of the marketplace."

The affected codes for Naturally Aged White Cheese are 565 and 589, various package sizes.  Retailers who have purchased this product are urged to return it to the manufacturer - Santa Rosa Cheese, 4795 N.W. 72nd  Avenue,  Miami, FL  33166. Consumers who have purchased the product should return it to the store from which they bought it. 

Question: Would you ever again buy cheese from a manufacturer who was dragging its feet when a product was found dangerous enough to require a recall?  That's Santa Rosa Cheese.

And, finally, three weeks seems like an awfully long time for state health officials to wait before informing the public.l

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Remember the old advertising slogan: "Weekends are Made for Michelob?"  But who can kick back and relax on another weekend with a nationwide beef recall due to e coli contamination?   This Saturday night special from our friends at the federal Food Safety & Inspection Service is a recall of 188,000 pounds of ground beef produced by the Rochester Meat Company and distributed all across the good Ole USA.

FSIS reports that:

The problem was discovered through an investigation initiated by the Wisconsin Department of Health and Family Services and the California Department of Public Health into five illnesses in Wisconsin and one illness in California. Anyone concerned about an illness should contact a physician.

The ground beef products subject to recall were produced on Oct. 30, 2007, and Nov. 6, 2007. The products subject to recall were shipped to distributors nationwide for further distribution to restaurants and food service institutions. These products were not available for purchase by consumers in retail establishments.

Each box in the recall bears the establishment number “Est. 8999” inside the USDA mark of inspection.   Here's the recall list:

10-pound boxes of “SEASONED BEEF BULK” bearing a product number of “09068,” as well as an eight-digit lot number beginning with “730314.”

10-pound boxes of “100% PURE BEEF PATTIES” bearing a product number of “09071,” as well as an eight-digit a lot number beginning with “731013.”

15-pound boxes of “CHEYENNE SEASONED BEEF PATTIES” bearing a product number of “12017” or “12018,” as well as an eight-digit lot number beginning with “730314.”

10-, 15- and 20-pound boxes of “100% PURE GROUND BEEF PATTIES” bearing a product number of “1340,” “127533,” “135724,” “158843” or “158852,” as well as an eight-digit lot number beginning with “731013” or “731014.”

10-pound boxes of “100% PURE GROUND CHUCK BEEF PATTIES” bearing a product number of “158898,” as well as an eight-digit lot number beginning with “731014.”

10-, 15- and 25-pound boxes of “100% PURE GROUND BEEF CHUCK PATTIES” bearing a product number of “85227,” “227806,” “407823,” “407830,” “407840,” “417841” or “437531,” as well as an eight-digit lot number beginning with “730314,” “731013,” or “731014.”

10-pound boxes of “OUR HOMESTYLE 100% PURE GROUND BEEF PATTIES” bearing a product number of “208033,” as well as an eight-digit lot number beginning with “731014.”

15-pound boxes of “SEASONED BEEF PATTIES” bearing a product number of “357835,” as well as an eight-digit lot number beginning with “730314.”

15- and 15.3-pound boxes of “USDA CHOICE OR HIGHER 100% PURE GROUND BEEF PATTIES” bearing a product number of “437507” or “437521,” as well as an eight-digit lot number beginning with “730314,” “731013,” or “731014.”

15-pound boxes of “USDA CHOICE OR HIGHER GROUND BEEF CHUCK PATTIES” bearing a product number of “437822,” as well as an eight-digit lot number beginning with “731014

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Mark's Quality Meats, Inc., a Detroit, Michigan firm, is voluntarily recalling approximately 13,150 pounds of various cuts of steaks and ground beef products because they may be contaminated with E. coli O157:H7.  The steak and ground beef products subject to recall were produced on Dec. 20, 21, 24 or 26, 2007, and were distributed to restaurants in the metropolitan Detroit area. These products were not available for purchase by consumers in retail establishments. Each shipping label bears the establishment number "Est. 8951" inside the USDA mark of inspection. The following products are subject to recall:

* Boxes of "Mark's Quality Meats, Inc., BEEF FOR INDUSTRIAL USE ONLY, BALL TIP STEAKS."
* Boxes of "Mark's Quality Meats, Inc., BEEF FOR INDUSTRIAL USE ONLY, BEEF NY STRIPS."
* Boxes of "Mark's Quality Meats, Inc., BEEF FOR INDUSTRIAL USE ONLY, BEEF T-BONE STEAK."
* Boxes of "Mark's Quality Meats, Inc., BEEF FOR INDUSTRIAL USE ONLY, BEEF PORTERHOUSE STEAK."
* Boxes of "Mark's Quality Meats, Inc., BEEF FOR INDUSTRIAL USE ONLY, BEEF TOP SIRLOIN STEAKS."
* Boxes of "Mark's Quality Meats, Inc., BEEF FOR INDUSTRIAL USE ONLY, BULK GROUND BEEF."
* Boxes of "Mark's Quality Meats, Inc., BEEF FOR INDUSTRIAL USE ONLY, GROUND BEEF PATTIES."

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The USDA announced yesterday that Snapps Ferry Packing is recalling hamburger patties and bulk ground beef that may be contaminated with E. coli O157:H7.  No illnesses have been reported - the problem was discovered through routine testing.  According to USDA:

The products subject to recall are:

* 4-pound packages of "GROUND BEEF PATTIES."
* Various weight bulk packages of "GROUND BEEF."

Each product subject to recall bears the establishment number "Est. 9085" inside the USDA mark of inspection as well as a "PACKED ON" date of "DEC.11.07" or "DEC.12.07."

E. coli O157:H7 bacteria is believed to mostly live in the intestines of cattle,[14] but has also been found in the intestines of chickens, deer, sheep, and pigs. E. coli O157:H7 does not make the animals that carry it ill; the animals are merely the reservoir for the bacteria.

Meat typically becomes contaminated with E. coli O157:H7 during the slaughtering process, when the contents of an animal's intestines and feces are allowed to come into contact with the carcass. Unless the carcass is sanitized, the E. coli bacteria are eventually mixed into the meat as it is ground. Because the bacteria is mixed into the meat during the grinding process, and is not just on the surface, thorough cooking (to160 degrees) is required to prevent E. coli O157:H7 poisoning from consumption of ground beef. Contaminated meat looks and smells normal, and although the number of organisms required to cause an infection is not known, it is suspected to be very small.

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The Des Moines Register reported this morning that an Iowa E. coli case might be connected to the E. coli outbreak that was traced back to consumption of Totino's and Jeno's pizzas earlier this month.  According to the story, testing is still being conducted, and the epidemiologic investigation has not yet concluded that the pizza was the source of the Iowan's illness; however, the investigation is ongoing.  Nigel Duara wrote:

Dr. Patricia Quinlisk of the Iowa Department of Public Health said Tuesday that either a person in western Iowa contracted a strain of E. coli that matches the DNA "fingerprint" of the E. coli bacterium involved in a national frozen pizza recall, or the person's history involves consumption of the tainted product.

The bacterium in the recall is blamed for sickening 23 people in 12 other states, including bordering states South Dakota, Nebraska, Missouri, Illinois and Wisconsin.

Quinlisk said the department has investigated three cases. Two did not match the strain found in the pepperoni in Totino's and Jeno's pizzas, but one case is still under investigation.

"We're still waiting for some further information," Quinlisk said Tuesday. "We don't know it's definitely here. Two (cases) were proved not to be here."

General Mills announced on November 1, 2007, that the company was recalling its Totino’s Crisp Crust Party pizzas and Jeno’s Crisp ‘N Tasty pizzas for possible E. coli O157:H7 contamination. The recall was initiated after over 20 people became ill with E. coli infections after eating the pizzas.

The pizzas were produced on or before October 30, and were distributed nationwide. Each package is marked with “EST. 7750” inside the USDA seal of inspection, and has a “best if used by” date on or before April 2, 2008.

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Associated Press reporter Jeff Gold's story titled, "State inspectors find more recalled meat at New Jersey stores," published on November 7, highlights the importance of the need for more effective food recalls.  According to the story, ground beef patties produced by Topps that were recalled for possible E. coli contamination in September are still on store shelves.  From the story:

"What began with the discovery of recalled hamburgers being for sale at a single store has escalated into a statewide public health issue, and potentially a national issue as well," Attorney General Milgram said. "It is unacceptable that consumers can walk into a store and find these recalled contaminated products on the shelf, readily available for purchase and consumption, more than one month after the voluntary recall was announced."

Over the past few weeks, 141 boxes of Topps burgers have been found at 12 stores, all in northern New Jersey except for one in Gloucester City in Camden County, the state Division of Consumer Affairs said.

Investigators determined that the stores bought the meat from four distributors, including Associated Group Grocers of Jamaica, N.Y.; Burris Foods Inc. of Milford, Del.; and Jetro Cash and Carry of Jersey City. They had previously identified Greater New York Frozen Food Distribution Company Inc., of Queens, N.Y.

Topps Frozen Hamburger E. coli Outbreak Background:

On September 25, 2007, the USDA’s Food Safety and Inspection Service (FSIS) announced that Topps Meat Company of Elizabeth, New Jersey, was recalling 331,582 pounds of frozen ground beef products that may be contaminated with E. coli O157:H7. The company's ground beef products had been identified as the source of an E. coli O157:H7 outbreak among residents of New York, Connecticut, Indiana, New Jersey, Ohio, and Pennsylvania.

At least six people in New York had become ill with E. coli infections after eating Topps Meats' ground beef, and the investigation into these illnesses by the New York Department of Health and the Centers for Disease Control and Prevention (CDC) was what led to the resulting recall.

By September 29, 2007, Topps Meats had expanded the recall to a total of 21.7 million pounds of frozen ground beef products produced on various dates between September 25, 2006 and September 25, 2007. On October 11, 2007, the CDC announced that 38 confirmed illnesses had been tied to the outbreak in 9 states: Connecticut, Florida, Indiana, Maine, New Jersey, New York, Ohio, and Pennsylvania.

FSIS issued an outbreak update on October 26, 2007, and announced that a joint investigation between FSIS and the Canadian Food Inspection Agency had identified meat trim provided to Topps by Canadian company Ranchers Beef Ltd. as the source of the outbreak.

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Marler Clark filed a lawsuit today in United States District Court for the District of Minnesota on behalf of Knoxville, Tennessee, residents Jim and Georgia McDonald and their two children, who both became ill with E. coli O157:H7 infections and were hospitalized after eating hamburgers made from Cargill ground beef patties in September. 

According to the complaint, the McDonald family purchased Cargill ground beef patties on September 17^th and cooked and ate the hamburgers on September 29^th. Four-year-old John McDonald was seen in the emergency room on October 3, where he was treated for dehydration and released. The next day, he was taken by ambulance to East Tennessee Children’s Hospital, and was admitted. While hospitalized, John developed hemolytic uremic syndrome, pancreatitis, compromised liver function, and bowel necrosis. He was later transferred to the University of Tennessee Medical Center for dialysis, and on October 16^th underwent surgery to have part of his bowel removed. After nearly a month’s hospitalization, John was discharged from the hospital on October 29, but has not yet fully recovered from his E. coli infection and the following complications. 

One-year-old Michaela McDonald fell ill with symptoms of E. coli infection about a day after John, and was treated for dehydration at the emergency room on October 5^th. By October 7, Michaela’s symptoms had not improved, and she was admitted to East Tennessee Children’s Hospital. When her brother was transferred to the University of Tennessee Medical Center, Michaela was also transferred. She remained hospitalized for over a week.

For further information about the lawsuit, please contact Suzanne Schreck at (206) 346-1879 or sschreck@marlerclark.com.

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Cargill Meat Solutions Recalls Ground Beef - Action due to E. coli O157:H7 contamination

According to Cargill and FSIS press releases: Cargill Meat Solutions said it is voluntarily recalling approximately 1,084,384 pounds of ground beef produced at its Wyalusing, Pa., Cargill Regional Beef facility because of the possible presence of E. coli O157:H7. The ground beef products subject to recall were produced at the Wyalusing plant between Oct. 8 and 11, 2007, and were distributed to retailers nationwide.  Cargill learned of the possibility of contamination after the U.S. Department of Agriculture returned a confirmed positive on a sample of product produced Oct. 8, 2007.

Each package or label bears the establishment number “Est. 9400” inside the USDA mark of inspection. As the use/freeze-by dates for products subject to this recall have expired, consumers are urged to look in their freezers for these products and return or discard them if found.  In addition to the below listed products, there are various weights and varieties of ground beef, ground chuck, and ground sirloin product that were distributed for further processing and repackaging and will not bear the same establishment number on the package.  I love this logo from the Cargill website:

Products subject to recall are:

Continue Reading...

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Associated Press reporter Jeff Gold authored a story that appeared in today's issue of Newsday and focuses on the inefficiencies and holes in the Topps Meats E. coli recall.  The story begins:

Meat recalled a month ago that could be contaminated with a potentially fatal bacteria was found in seven northern New Jersey stores, state consumer safety officials said Tuesday.

Inspectors in the past week have seized 138 boxes of frozen hamburgers made by Topps Meat Co., which issued a nationwide recall on Sept. 29 for 21.7 million pounds of frozen patties.

State authorities have not determined when the meat was delivered to the stores.

Four of the stores, all in Jersey City, were located after a distributor was subpoenaed by the state Division of Consumer Affairs and provided shop names and locations, agency spokesman Jeff Lamm said.

Inspectors found the other three while visiting nearly 200 stores in Hudson County, he said.

On September 25, 2007, the USDA’s Food Safety and Inspection Service (FSIS) announced that Topps Meat Company of Elizabeth, New Jersey, was recalling 331,582 pounds of frozen ground beef products that may be contaminated with E. coli O157:H7. The company's ground beef products had been identified as the source of an E. coli O157:H7 outbreak among residents of New York, Connecticut, Indiana, New Jersey, Ohio, and Pennsylvania.

At least six people in New York had become ill with E. coli infections after eating Topps Meats' ground beef, and the investigation into these illnesses by the New York Department of Health and the Centers for Disease Control and Prevention was what led to the resulting recall.

By September 29, 2007, Topps Meats had expanded the recall to a total of 21.7 million pounds of frozen ground beef products produced on various dates between September 25, 2006 and September 25, 2007. On October 11, 2007, the CDC announced that 38 confirmed illnesses had been tied to the outbreak in 9 states: Connecticut, Florida, Indiana, Maine, New Jersey, New York, Ohio, and Pennsylvania.

FSIS issued an outbreak update on October 26, 2007, and announced that a joint investigation between FSIS and the Canadian Food Inspection Agency had identified meat trim provided to Topps by Canadian company Ranchers Beef Ltd. as the source of the outbreak.

The recalled products were sold under Topps brand as well as Pathmark, ShopRite, Mike's, Kohler Foods, Rastelli's Fine Foods, Roma-Topps, Sam's Choice, Sand Castle, and West Side labels. All recalled products will have a USDA establishment number of EST 9748 on the back panel of the package or in the USDA logo.

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The Food Safety and Inspection Service, a division of the United States Department of Agriculture, announced Saturday that Del-Mar Provision Co. of Buffalo, New York, was recalling 50 pounds of ground beef for possible E. coli contamination.  The contamination was discovered through routine testing.  Additional information from FSIS about the recall follows:

The product subject to recall is:

* 10-pound poly bags of "GROUND BEEF."

Each bag bears the establishment number "Est. 2759" inside the USDA mark of inspection and a date code of "296."

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The United States Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) today issued a press release with an update regarding the E. coli outbreak investigation and recall of Topps brand hamburger patties.  FSIS used the update to announce that in a joint investigation between the Canadian Food Inspection Agency and FSIS, investigators had determined that Ranchers Beef, a Canadian company, had supplied E. coli-contaminated beef trimmings to Topps, and that Ranchers Beef, Ltd., has been "delisted" since October 20, meaning the company has not been eligible to export meat to the United States since that date.

According to the press release:

On October 25, the CFIA provided FSIS with PFGE patterns, or DNA fingerprints, from tests of beef trim from a Canadian firm, Ranchers Beef, Ltd., Canadian establishment number 630. This firm provided trim to the Topps Meat Company. While the firm, which had been located in Balzac, Alberta, ceased operations on August 15, 2007, some product remained in storage and was collected and tested by CFIA as part of the joint investigation of the Topps recall and as part of CFIA's own investigation into 45 illnesses in Canada from E. coli O157:H7.

The press release continued:

Today, PulseNet provided verification to FSIS that this PFGE pattern matched those from patients who were ill and from positive tests conducted by the New York Department of Health on product (both intact packages and open packages from patients' homes) that was later recalled by the Topps Meat Company on September 29. PulseNet is the Centers for Disease Control and Prevention's (CDC) searchable database of all PFGE patterns from patients and food products in the United States.

On September 29, Topps expanded an earlier recall to include 21.7 million pounds of ground beef products for possible E. coli contamination.  The recall was initiated after illnesses associated with the products were reported in New York, Pennsylvania, and several other states.  As of October 26, the Centers for Disease Control and Prevention had identified 40 illnesses under investigation as being part of the outbreak. 

Marler Clark has filed lawsuits on behalf of two people who were confirmed part of the Topps E. coli outbreak, and represents several other people in claims that are being investigated as potentially associated with the outbreak.

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News reports this week have shown us that E. coli cases have sprung up across the nation in recent weeks.  Some of these cases have been traced back to the millions of pounds of ground beef that have been recalled by Cargill and Topps, but in other cases a source has not been identified.  Cases have been reported in North Carolina, California, Indiana, Tennessee, Wisconsin, Minnesota, and other states around the country.  The following is a summary of the last few days' E. coli news:

• The News and Record reported that two North Carolina children became ill with E. coli infections in September after eating hamburgers produced by Cargill.  The children have since recovered from their E. coli infections, and Cargill recalled 840,000 pounds of ground beef patties sold at Sam's Club and other stores.
• J&B Meats Corporation recalled 173,000 pounds of ground beef.  Palo Alto online reported that the recall was initiated because of, "an illness logged with the Consumer Complaint Monitoring System, according to the County of Santa Cruz Environmental Health Services Agency."
• Public health officials have been so far unable to determine the source of an E. coli outbreak at an elementary school in southern Indiana where ten children became ill with E. coli infections.  In an interview for WSBT, an Indiana State Department of Health spokeswoman stated that it's possible the outbreak was transmitted from person-to-person.  At least one child is still hospitalized with hemolytic uremic syndrome.
• WTVF TV in Nashville reported that the father of a Tennessee toddler that has been hospitalized believes his daughter became ill from eating an E. coli-contaminated hamburger.  If her case is, in fact, tied to ground beef, her case may be related to three other E. coli cases in Knox County that have been confirmed part of the Cargill E. coli outbreak.
• Marler Clark filed two E. coli lawsuits in Minnesota this week - one on behalf of a family who is part of the Cargill E. coli outbreak, and several others on behalf of people who became ill with E. coli infections after eating a church supper in Longville, Minnesota, last year.  The lawsuits were reported on by the Associated Press here.

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An E. coli lawsuit was filed today in Minnesota against Cargill Meat Solutions Corporation, the meat company whose frozen ground beef products were identified as the source of an E. coli O157:H7 outbreak in September and October. The lawsuit was filed in Dakota County District Court on behalf of Dakota County residents Eric and Jennifer Gustafson and their two children, Callie and Carson, who both suffered E. coli infections after eating Cargill ground beef patties at a barbecue in September. Callie’s E. coli infection led to hemolytic uremic syndrome, and she was hospitalized for seven days. 

The Gustafson children’s cases were two of three E. coli cases that triggered an investigation by the Minnesota Department of Health and Minnesota Department of Agriculture which eventually led to Cargill’s recall of 845,000 pounds of frozen ground beef patties for E. coli contamination on October 6, 2007. The Cargill products were sold at retail establishments, including Sam’s Club, and to restaurants and other institutions throughout the United States. Since the investigation began in Minnesota, E. coli illnesses tied to Cargill ground beef products have been identified in Minnesota (5), Wisconsin (5), North Carolina (2) and Tennessee (3). Many of the E. coli cases involve children or young adults with HUS. According to news reports, children in Minnesota and Tennessee still remain hospitalized in critical condition.

“This is not the first time that Cargill or one of its many subsidiaries has had E. coli-related problems that led to illness,” said William Marler of Marler Clark, the Gustafsons’ attorney, who pointed out that he has represented victims of prior E. coli outbreaks traced to Cargill products. “In 2000, Cargill was implicated as the seller of E. coli-contaminated meat during the Milwaukee Sizzler E. coli outbreak that sickened 60 and killed one young girl. In July 2001, Cargill recalled 200,000 pounds of ground beef after being linked to an illness in Georgia. And again in 2002, Cargill sickened 57 in Wisconsin and Minnesota and recalled over 500,000 pounds of contaminated ground beef.”

Since spring of 2007, nearly 30 million pounds of ground beef has been recalled in the United States. Marler added, “It seems like the wheels are coming off the beef industry. With millions of pounds of meat pulled from shelves and hundreds sickened, there must be a through investigation of an industry clearly out of control.”

BACKGROUND: William Marler has been involved in E. coli cases since the Jack in the Box outbreak of 1993, when he won a settlement of $15.6 million for nine-year-old Brianne Kiner. His firm, Marler Clark, has prosecuted dozens of E. coli cases in Minnesota, including those related to the 2007 ground beef E. coli outbreak traced to PM Beef Holdings and Lunds Food Holdings; the 2006 E. coli outbreak stemming from consumption of E. coli-contaminated ground beef produced by Nebraska Beef and sold at Supervalu, then served at a church supper in Longville, Minnesota; the 2006 E. coli outbreak traced to the consumption of Dole brand baby spinach; a 2006 E. coli outbreak at Taco John’s restaurants that was ultimately traced back to E. coli-contaminated lettuce; an E. coli outbreak in 2001 that was traced to a China Buffet restaurant; and an E. coli outbreak in 2000 linked to ground beef produced by AFG and sold by Supervalu and Cub Foods. 

Marler comments on food safety and E. coli outbreaks on his blog, www.marlerblog.com. More about Marler Clark can be found at www.marlerclark.com.

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Georgia Firm Recalls Ground Beef Products Due to Possible E. coli O157:H7 Contamination
Recall Release CLASS I RECALL
FSIS-RC-046-2007 HEALTH RISK: HIGH

Arko Veal Co., a Forest Park, Ga., establishment, is voluntarily recalling approximately 1,900 pounds of ground beef products because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today. The product subject to recall includes:

* 50-pound cases of "BEEF PATTIES MIX," "80/20." Each case bears the establishment number "Est. 20766" inside the USDA mark of inspection and a product code of "502250." Each case bears a production date of "07-Oct-07," "08-Oct-07" or "09-Oct-07." The beef products were produced between Oct. 7 and Oct. 9, 2007, and were distributed to restaurants in Alabama, Georgia, North Carolina and South Carolina. There was no retail distribution of these products. The problem was discovered through routine FSIS microbiological testing. FSIS has received no reports of illnesses associated with consumption of these products

Illinois Firm Recalls Ground Beef Products Due to Possible E. coli O157:H7 Contamination
Recall Release CLASS I RECALL
FSIS-RC-045-2007 HEALTH RISK: HIGH

J & B Meats Corporation Inc., a Coal Valley, Ill., establishment, is voluntarily recalling approximately 173,554 pounds of frozen ground beef products because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today. Each package also bears the establishment number "Est. 5712." The frozen ground beef products were produced on June 12, June 18 and June 22, 2007, and were distributed to retail establishments nationwide.  The products subject to recall include:

* 2-pound boxes of "TOPPS PREMIUM 100% PURE SIRLOIN BEEF SIRLOIN STEAK BURGERS, 6 1/3 LB. HOMESTYLE BURGERS." Each box bears a use by date of "06/22/08."
* 8-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 32 QUARTER POUNDERS." Each box bears a use by date of "06/12/08," "06/18/08" or "06/22/08."
* 3-pound bags of "SAM'S CHOICE BACKYARD GOURMET BEEF BURGERS, 80/20, 12 QUARTER POUND ROUND PATTIES." Each bag bears a use by date of "03/08/08."
* 3-pound boxes of "TOPPS 100% PURE GROUND BEEF HAMBURGERS, 12 QUARTER POUNDERS." Each box bears a use by date of "06/18/08."

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Three students from Wisconsin and two North Carolina children were added to the number of E. coli illnesses caused by consumption of E. coli-contaminated ground beef patties produced by Cargill and sold by Sam's Club today.  The students, from Marquette in Milwaukee, Wisconsin, all ate hamburgers served at a cookout before a soccer game on campus, according to news reports.  The children, from Durham and Orange Counties in North Carolina, had both attended a cookout where hamburgers were served, according to public health officials.

And in Great Falls, Montana, the Great Falls Tribune published an editorial that focused on the recent recalls and meat safety.  Excerpts from the editorial follow.  First, the writer focuses on the large number of recalls - and not just food recalls - impacting Americans today:

Can you ever recall so many recalls?

What's most disturbing is that, with both the tainted toys and the ground beef, children are those most threatened by the health hazards. That and the fact that the products found their way to so many American toy boxes and dinner plates before consumers were alerted to the risk.

The headlines hit home again in Great Falls Saturday when Sam's Club stores recalled ground beef patties contaminated by E. coli bacteria. After four Minnesota children were sickened by the tainted meat, Sam's Club pulled more than 840,000 pounds of patties nationwide.

Then, the writer addresses the fact that in the Topps case, federal investigators and Topps were aware that there was E. coli contamination in Topps meats for weeks before the product was recalled:

We understand the agency's hesitancy to order truckloads of fresh beef to the landfill. The recall shut down the Topps plant in Newark, N.J., a family business established in 1940. Some 87 people lost their jobs.

The ripple effect may even be felt here in cattle country as the most finicky consumers cut beef patties from their grocery lists, at least for a while.

But the agency's bottom line is the protection of human and animal health, not protection of the marketplace. And consumer trust in beef products is worth more than the fallout from one recall, no matter how damaging.

The editorial concludes with a suggestion that consumers start using meat thermometers to determine whether their hamburgers and other beef products are cooked to a temperature hot enough to kill E. coli O157:H7 and other pathogens, but in all reality, E. coli shouldn't be getting in ground beef to begin with.

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Marler Clark client Emily McDonald's mom was interviewed for a story that is online on the Albany Times-Union website.  Catherine McDonald expressed her concern that other people might have recalled Topps hamburger patties still in their freezers, and spoke of Emily's illness with Cathleen Crowley, who has interviewed other Marler Clark clients from the Albany region.

One important message that was delivered in the story was the fact that Emily's doctors did not treat her with antibiotics without knowing whether she was suffering from E. coli or not.  The administration of antibiotics is believed to be a potential contributing factor to children developing hemolytic uremic syndrome. 

As Ms. Crowley reported:

Doctors could not give Emily antibiotics or pain killers, which can slow the expulsion of the bacteria from the body and cause more complications, said Josh Schaffzin, the state Department of Health's medical director of the regional epidemiology program.

After 2 days in the hospital and several weeks recovering at home, Emily was able to start school with her third-grade classmates at St. Pius X School in Loudonville. She's returned to her soccer team and is starting saxophone lessons.

"But she'll never eat a hamburger again," her mom said.

The USDA issued an update to the Topps E. coli recall on October 6, highlighting the products included in the expanded recall.

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Sam's Club pulls beef patties after E. coli illnesses in Minnesota

4 Minnesota E. coli cases tied to Sam's Club, Cargill

Cargill Meat Solutions Corporation is voluntarily recalling approximately 845,000 pounds of frozen ground beef patties produced at its Butler, Wis., location because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The frozen ground beef patties were produced on various dates from Aug. 9 through Aug. 17, 2007, and were distributed to retail establishments, restaurants and institutions nationwide. Each label bears the establishment number "Est. 924A" inside the USDA mark of inspection.

* 6-pound boxes of "American Chef's Selection Angus Beef Patties 18-1/3 Pound Patties." Each package bears a case code of "7703100" and various package codes of Best If Used By dates of "02/05/08," "02/06/08," "02/12/08," and "02/13/08."

Products distributed to restaurants and institutions and subject to recall include:

Continue Reading...

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Topps Meat Company, the company whose ground beef products were identified as the source of an E. coli outbreak and recalled over 21 million pounds of ground beef in recent weeks, closed today.  Topps Chief Operating Officer Anthony D'Urso, told the Jeff Gold of the Associated Press that a few employees will remain at the processing facility to help USDA scientists investigate the source of the E. coli outbreak, but that the company would not reopen. 

From the AP article:

Topps Meat Co. on Friday said it was closing its business, six days after it was forced to issue the second-largest beef recall in U.S. history and 67 years after it first opened its doors.

The decision will cost 87 people their jobs, Topps said.

On Sept. 25 Topps began recalling frozen hamburger patties that may have been contaminated with the E. coli bacteria strain O157:H7. The recall eventually ballooned to 21.7 million pounds of ground beef.

Thirty people in eight states had E. coli infections matching the strain found in the Topps patties, the Centers for Disease Control and Prevention reported. None have died.

In an article for the New York Times, Kareem Fahim and Andrew Martin reported that USDA officials acknowledged that the recall could have been announced much faster, admitting that a positive E. coli sample from Topps brand meat was identified weeks before the recall was announced.  In the article, David Goldman, who is assistant administrator in the FSIS, stated that, “There is room for improvement,” in the recall process - improvement that food safety advocates have been calling for for years. 

Details on the early warnings USDA had about the outbreak, as reported by the Times, follow:

The Florida case appeared to be among the earliest warnings that Topps burgers might be tainted. On Aug. 17, 15-year-old Samantha Safranek ate a Topps hamburger that her mother bought two days earlier at a Wal-Mart in Broward County. She had cramps two days later and became so ill by Aug. 23 that she was hospitalized. E. coli poisoning was diagnosed on Aug. 26.

The girl’s mother, Ana Safranek, called the federal Department of Agriculture and the Florida Department of Health on Aug. 28. Inspectors removed an open package of Topps frozen burgers from the family’s freezer and sent them to government labs for testing. Those patties tested positive for E. coli on Sept. 7, agriculture officials said.

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Reporter Stephen Hedges questions the way the Topps E. coli recall was handled in an article published today in the Chicago Tribune.  He chronicles the E. coli outbreak investigation and the response by USDA, giving the timeline from the first reported E. coli illness to confirmation of that illness and confirmation of E. coli in Topps hamburger patties and finally the recall and its expansion. 

One of the points Hedges makes in the article is that USDA knew of a positive E. coli test from a meat sample and a human sample over two weeks before the recall was initiated:

Amanda Eamich, a USDA spokeswoman, said that the USDA's recall committee first met on Sept. 25 to consider the Topps case, 18 days after E coli was confirmed in a Topps hamburger, according to Robertson's e-mail, which was provided to the Tribune.

The committee, comprised of department officials, concluded then that it should request a Class I recall of the Topps meat, she said.

Class I is the USDA's most serious recall class. It means that there is "a reasonable probability that eating the food will cause health problems or death."

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SEATTLE, WA (October 1, 2007) – A lawsuit was filed today against Topps Meat Company, the meat producer whose ground beef products have been identified as the source of an E. coli O157:H7 outbreak, and who expanded a ground beef recall to include 21.7 million pounds of meat over the weekend. The lawsuit was filed on behalf of Albany County, New York, residents Robert and Catherine McDonald and their young daughter, who became ill with an E. coli O157:H7 infection and was hospitalized after eating a hamburger made of Topps Meats ground beef on August 17^th. The McDonald family is represented by the Seattle law firm, Marler Clark, and the upstate New York law firm Underberg & Kessler.

According to the lawsuit, the McDonalds’ daughter fell ill with symptoms of an E. coli infection, including nausea, diarrhea, stomach cramps, fever, chills, and muscle aches on August 20. On August 22, she was admitted to the hospital, where she provided a stool specimen that later returned positive for E. coli O157:H7. She was released from the hospital on August 24, and continues her recovery at home. 

“We saw massive recalls and countless illnesses and deaths due to E. coli-contaminated ground beef in the 1990s,” said William Marler, attorney for the McDonald family. “Between 1993 and 2002, my clients were awarded $250 million in verdicts and settlements from the meat and restaurant industries. But in 2002, meat producers cleaned up their act. I touted the meat industry as a model for what an industry could do that was right to protect consumers.”

“Aside from sporadic cases, outbreaks traced back to meat products have been largely absent in the last five years,” Marler continued, noting that together with Underberg & Kessler Marler Clark represented another young Albany County child in a lawsuit against Topps two years ago. “2007 has been an anomaly in the meat industry, but now that outbreaks are happening, the industry needs to once again step up to the plate and compensate consumers for their injuries.”

BACKGROUND: 

Marler Clark and Underberg & Kessler have together represented hundreds of New York citizens who have become ill with food- or water-borne illnesses. The firms represented seventy victims of the Brook-Lea Country Club Salmonella outbreak in Rochester in 2002. They have also teamed up to represent a six-year-old girl from White Plains, New York, who developed HUS and nearly died after eating an E. coli-contaminated hamburger made with meat purchased from BJ’s Wholesale Club and the family of a man who died of an acute hepatitis A infection after eating at the Maple Lawn Dairy in Elmira, New York. The firms currently represent thousands of victims of the Cryptosporidium outbreak traced to contaminated water at the Seneca Lake State Park in central New York in 2005 and several victims of last year’s spinach E. coli outbreaks.

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At least 21 people in eight states are suspected to be part of an E. coli outbreak that has been traced back to consumption of ground beef products produced by Topps Meats, of Elizabeth, New Jersey.  The CDC has confirmed three cases linked to Topps, and is awaiting lab testing for confirmation of an additional 18 cases.  An Associated Press article from today offered more details about the outbreak investigation and products involved in the recall:

Contaminated burgers were found in one New York victim's home freezer by health officials.

The boxes recalled carry the number "Est. 9748" inside the USDA mark of inspection and were produced on June 22, July 12 or July 23, the USDA said.

The recalled products include certain 10-pound boxes of Butcher's Best 100% All Beef Patties; certain 10-pound boxes of Kohler Foods burgers; certain 10-pound boxes of Sand Castle Fine Meat; some 2-pound boxes of Topps 100% Pure Ground Beef Hamburgers; and some 3-pound boxes of Topps 100% Pure Ground Beef Hamburgers.

The company, the leading U.S. manufacturer of frozen hamburgers, said this was its first recall in its 65-year history.

Just over two weeks ago, Marler Clark filed an E. coli lawsuit on behalf of a Washington state resident who became ill after eating E. coli-contaminated ground beef produced by an Oregon company.  As in the current outbreak-situation, the earlier outbreak, traced back to meat products produced by Interstate Meats, was a multi-state outbreak with people in several states becoming ill with E. coli infections.  As a result of the outbreak, Interstate Meats recalled approximately 41,300 lbs. of ground beef products for potential E. coli O157:H7 contamination. The ground beef products were produced between July 19 and July 30, 2007, and had been distributed in retail stores in Alaska, Idaho, Oregon, and Washington with a sell-by date between August 1 and August 11, 2007. Due to the timing of the recall, health officials urged consumers to check their freezers for recalled ground beef.

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The United States Department of Agriculture announced yesterday that Topps is recalling 331,582 pounds of frozen ground beef.  The recall was announced after an E. coli O157:H7 outbreak investigation identified Topps ground beef products as the source of an E. coli outbreak.

According to the Albany Times/Union, the E. coli outbreak was discovered by the New York Department of Agriculture, which was investigating several E. coli cases among New York residents. 

The agency discovered the contamination after people in Albany and Rensselaer counties got sick with a potentially deadly strain of E. coli. Officials tested the Topps hamburgers remaining in the victims' home freezers and found the same strain of the bacteria in the leftover meat as was found in one of the Albany County residents who got sick.

"It's the same strain that matches a multistate outbreak," Health Department spokeswoman Claudia Hutton said.

Information about the recall, supplied by the USDA, is as follows:

Each package also bears the establishment number “Est. 9748” inside the USDA mark of inspection.

The frozen ground beef products were produced on June 22, July 12 or July 23 and were distributed to food service institutions in the New York metropolitan area and to retail establishments nationwide.

An investigation into a cluster of illnesses in the Northeast region carried out by the New York State Department of Health in coordination with the Centers for Disease Control and Prevention led to a positive product sample collected by the New York Department of Health.

For a list of products recalled, view the USDA recall release.

A previous Topps / Price Chopper E. coli outbreak:

In August, 2005, an eight-year-old Albany, New York girl became ill with an E. coli O157:H7 infection after eating a hamburger purchased from Price Chopper. The ground beef used in the hamburger had been supplied to Price Chopper by Topps Meats. Marler Clark filed an E. coli lawsuit on behalf of the girl, who developed Hemolytic Uremic Syndrome secondary to an E. coli infection.

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We learned today that lettuce mix recalled by Dole yesterday contained lettuce from the Salinas Valley in California - the area that has produced E. coli-contaminated produce identified as the source of past outbreaks, including last year's spinach E. coli outbreak.  Dole Fresh Vegetables president Eric Schwartz confirmed the Salinas connection in an article in the Monterey Herald:

Dole Fresh Vegetables president Eric Schwartz confirmed that the romaine and green leaf lettuce in its Hearts Delight salad mix was produced locally and mixed with butter lettuce from Ohio and romaine from growers in Colorado.

The lettuces were processed at Dole's plant in Springfield, Ohio, on Sept. 6, said Schwartz. Eighty-eight cases — or 528 bags — were distributed in Canada and 755 cases containing 4,530 bags in the U.S.

The U.S. Food and Drug Administration and Dole Food Co, the parent company of Dole Fresh Vegetables, issued a voluntary recall Monday, one day after the Canadian Food Inspection Agency issued its own advisory in Canada.

While he refused to name the fields where the lettuce was grown, Dole did confirm that the lettuce products had been shipped to several provinces in Canada as well as to Illinois, Indiana, Maine, Michigan, Mississippi, New York, Ohio, Pennsylvania and Tennessee.

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WASHINGTON, September 5, 2007 - Fairbank Reconstruction Corp., doing business as Fairbank Farms, an Ashville, N.Y., establishment, is voluntarily recalling approximately 884 pounds of ground beef products because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today. The products subject to recall include:

1.33-pound trays of “SHAW’S FRESH GROUND ROUND BEEF PATTIES, 85/15.” Each package bears the establishment number “Est. 492” inside the USDA mark of inspection. Each “Nutrition Facts” label bears a time stamp between “17:05” and “17:25” as well as a date code of “243.”

The ground beef products were produced on Aug. 31, 2007, and were distributed to retail establishments in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermon

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Yesterday, an Idaho woman was added to the list of people who became ill with E. coli O157:H7 infections after eating ground beef produced by a Clackamas, Oregon meat producer and consumers were warned to check their freezers for potentially contaminated ground beef products.  Illnesses associated with the outbreak have been reported in Idaho, Oregon, and Washington.

This morning, Alex Pulaski of the Oregonian reported that a Bend, Oregon, resident helped Oregon health officials determine the source of her E. coli illness and establish a link to the Washington and Idaho cases. 

Amber Wark, one of the family members who had fallen ill, discovered a telling clue Saturday morning while taking it on herself to rummage through a dozen garbage bags in a trailer bed: packaging for 4 pounds of ground beef.

The wrappers led state epidemiologists, federal agricultural inspectors and Washington health authorities back to Interstate Meat Distributors Inc. in Clackamas, which had ground the meat that Wark bought July 29 at Safeway.

Marler Clark has been contacted by victims of the outbreak, and is planning to pursue legal claims on their behalf.

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The Food Safety and Inspection Service announced today that Interstate Meat Dist., Inc., of Clackamas, Oregon, was recalling 41,305 pounds of ground beef products for potential E. coli O157:H7 contamination.  The recall was announced after at least eight people in Oregon and Washington became ill with E. coli infections after eating the ground beef products.  According to the FSIS recall release:

This public health alert was initiated after epidemiological investigations conducted by the State of Oregon Department of Health Services and the Washington State Department of Health determined that there is a possible link between the ground beef products and eight confirmed E. coli O157:H7 illnesses reported in Oregon and Washington.

The products subject to this public health alert include

* 16-ounce packages of "Northwest Finest 7% FAT, NATURAL GROUND BEEF." The label bears a UPC code of "752907 600127."
* 16-ounce packages of "Northwest Finest 10% FAT, Organic GROUND BEEF."

Each package also bears the establishment number "Est. 965" inside the USDA mark of inspection as well as a sell-by date between "08/01/07" and "08/11/07."

The ground beef labels are pictured here:

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In an article for Newday, Delthia Ricks and Chau Lamb interviewed Dr. Robert Gravani, of Cornell University, about a recent spate of E. coli cases in Suffolk County, New York.  Dr. Gravani acknowledged that summertime means more E. coli outbreaks, and pointed out that consumers grilling more hamburgers is not the only cause.

Studies of cattle herds tell yet another side of the story: E. coli O157:H7, a hardy .microbe that can cause kidney failure in humans, has a definite seasonal prevalence.

Researchers at the University of Minnesota and the University of Nebraska have found that from June through September up to 10 percent to 20 percent of all cattle may test positive for the microbe, which is harmless to cows. In winter, the number of positive animals declines to less than 5 percent.

In other E. coli news, the Flint Journal reported that Abbott's Meat, Inc., a Flint, Michigan, company that recalled over 26,000 pounds of ground beef products after a sample of the ground beef tested positive for E. coli, has recovered all remaining ground beef subject to recall. 

By this morning, all remaining ground beef that may be contaminated with E. coli bacteria was expected to be back at Abbott's Meat Inc., said company President Ed Abbott.

"We think all the meat is out (of the businesses). Most of it's back at our plant," [company President Ed ] Abbott said Tuesday.

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USDA announced today that Custom Pack, a Nebraska firm, is recalling ground beef distributed in Nebraska and buffalo distributed in Colorado.  The recall was instituted after the CDC and Nebraska health officials identified at least one E. coli illness associated with the products. 

The ground beef products were produced between June 1 and June 13, 2007, and were distributed to restaurants and institutions in Nebraska. The ground buffalo patties were produced on June 7, 2007, and distributed to restaurants and institutions in Colorado. None of these products were sold through grocery stores.

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Recall Release CLASS I RECALL
FSIS-RC-034-2007 HEALTH RISK: HIGH

WASHINGTON, July 21, 2007 - Abbott's Meat Inc., a Flint, Mich., establishment, is voluntarily recalling approximately 26,669 pounds of ground beef products because they may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The products subject to recall include:

* 10-pound boxes of "Abbott's GROUND BEEF PATTIE." Each box bears the product code "1160."
* 10-pound boxes of "Abbott's GROUND BEEF PATTIE 2/1." Each box bears the product code "1120."
* 10-pound boxes of "Abbott's GROUND BEEF PATTIE 4/1." Each box bears the product code "1140."
* 13-pound boxes of "Abbott's GROUND BEEF PATTIE 5/1." Each box bears the product code "1145."
* 10-pound boxes of "Abbott's ORIGINAL CONEY ISLAND TOPPING, Beef Pattie Mix." Each box bears the product code "1779."
* 25-pound boxes of "Abbott's ORIGINAL CONEY TOPPING MIX, Beef Pattie Mix." Each box bears the product code "1794."
* 10-pound boxes of "Abbott's THE BOSS Beef Patties, 6 oz." Each box bears the product code "1638."
* 10-pound boxes of "Abbott's GROUND BEEF." Each box bears the product code "1610."
* 10-pound boxes of "Abbott's GROUND BEEF, Loose Pack." Each box bears the product code "1625."
* 10-pound boxes of "Abbott's OUR EXTRA FANCY GROUND BEEF." Each box bears the product code "1710."

Each box also bears the establishment number "Est. 10215" inside the USDA mark of inspection.