E. coli Blog

The Topps Story Continues As Some Cases Are Settled

marler@marlerclark.com (E. coli Attorney) — Fri, 14 Nov 2008 11:58:39 -0800

After two days of mediation in New York City earlier this week, our own Bill Marler was able to resolve several cases. However, a number were left unresolved. As readers recall, on August 31, 2007 a consumer complaint was filed with the USDA after a Florida resident fell ill after consuming a hamburger patty produced by Topps Meat Company (“Topps”) on July 12, 2007. The resident tested positive for E. coli O157:H7 on September 4, 2007. This was followed by similar reports of illnesses connected with Topps product in New York State and elsewhere in the following days. On or before September 8, 2007 the USDA had confirmed a sample from a Topps hamburger had tested positive for E. coli O157:H7. Additional illnesses continued to be reported.

Topps took no action to remove its products from the shelves until September 25, 2007. On that date, the USDA announced that Topps was recalling 332,000 pounds of ground beef due to contamination with E. coli O157:H7. The initial recall encompassed only products produced on June 22, July 12, and July 23, 2007. The New York Department of Health subsequently reported that an intact sample with a production date of June 21, 2007 had also tested positive for E. coli O157:H7. At the same time, a USDA Food Safety and Inspection Service (FSIS) conducted an inspection of Topps’s plant in Elizabeth, New Jersey.

The FSIS inspection of Topps’s plant and procedures at its Elizabeth, New Jersey facility on September 26, 2007 revealed alarming deficiencies in the firm’s safety programs. The problems began with the raw materials. Topps received boxed sub-primal products, which did not carry Certificates of Analysis (COA). Topps initially used these boxed sub-primal cuts only for non-ground product. But, Topps then mixed the trim, the left-overs after butchering, with the raw materials being used for its ground beef products. The trim was placed into the grinding operation without testing for E. coli O157:H7. This practice was in violation of federal regulations. See 9 CFR 417.5 (a) 1. The FSIS then concluded that this failure to ensure that product intended for grinding was free of E. coli O157:H7 called into question the “adequacy of the design and execution of your prerequisite program and HACCP [Hazard Analysis Critical Control Point] program.”

FSIS inspectors also found various sanitation deficiencies at the facility. During the pre-operational inspection FSIS personnel noted that “the patty making machine had gouges, cracks, and tears in the neoprene transfer belt used to move raw patties to packaging.” The inspectors also noted a history of prior non-conformance records relating directly to raw product residue on equipment surfaces. The FSIS concluded:

The recurring deficiencies of unsanitary equipment documented by USDA…provide evidence that [Topps] failed to re-evaluate the effectiveness of the sanitation SOPs [standard operating procedures].” See Notice of Suspension.

Not surprisingly, FSIS suspended Topps’s operations “in the interest of protecting the public’s health.”

As a result, on September 29, 2007, Topps finally expanded its recall to include a total of approximately 21.7 million pounds of frozen ground beef due to contamination with E. coli O157:H7. The recall included all products with un-expired sell by dates. Ultimately, the Topps’s ground beef was linked to at least 25 E. coli O157:H7 infections in Connecticut, Florida, Indiana, Maine, New Jersey, New York, Ohio and Pennsylvania.

Yep, You Can Get E. coli 0157:H7 From Getting Too Friendly With Wild Elk

marler@marlerclark.com (E. coli Lawyer) — Wed, 12 Nov 2008 11:53:08 -0800

Unless you reside in the Rocky Mountains where wild Elk come every winter looking for food and warmth, you probably do not have to worry about this one.

However, if you or your kids go to someplace like Evergreen High School southwest of Denver, chances are Elk many times have rested on your football field or golf course.

So when, Jefferson County, west of Denver, found it was looking at a cluster of E. coli 0157:H7 cases, Elk and their droppings were suspect. Today's Rocky Mountain News reports:

"We track every case of E. coli 0157:H7," said Dr. Gayle Miller, senior epidemiologist with Jefferson County Health and Environment. Usually, the outbreaks are so sporadic that no useful links can be made.

This time, though, she found eight cases of the same strain. All eight kids were between 4 and 12 years old - six from Jefferson County and one each from Park and Clear Creek counties.

"We knew we had a cluster," she said.

"Next, she and her staff used a relatively new test, Pulse Field Gel Electrophoresis, and found that not only was the strain the same, but each child's E. coli had almost identical genetic markers.

She and her staff interviewed the kids to see if they could find a pattern.

"All did say they spent some time in the Evergreen area," Miller said.

They all were close to elk country, either through sports teams or spending time in parks.

This is first time that E coli contamination in humans has been directly linked to deer or elk. The rest of the story is here.

Two E. Coli 0157:H7 Cases Confirmed in Fayetteville, TN

bmarler@marlerclark.com (Bill Marler) — Tue, 11 Nov 2008 19:12:00 -0800

Tennessee has two laboratory-confirmed cases of E.coli 0157 from the Fayetteville-Lincoln County area with an ongoing investigation into what made as many as 180 people sick. At this point, the Tennessee Department of Health is clueless about the source of the contamination.

The Elk Valley Times, based in Fayetteville, reports:

"The Department of Health has two laboratory-confirmed cases of E.coli 0157 from the Lincoln County area," Shelley Walker, communication coordinator for the Tennessee Department of Health in Nashville, said late Monday afternoon.

"After an extensive investigation, so far no source for these cases of illness has been identified," she said.

"We have interviewed more than 180 people as part of this ongoing investigation."

The Health Department did not have specific information about the patients involved in the case, Walker said, however, the investigation into the source of the illnesses and any other suspected cases continues.

The rest can be found here.

U.S.-Canadian Outbreaks May Be Linked

marler@marlerclark.com (E. coli Attorney) — Mon, 10 Nov 2008 12:37:10 -0800

E. coli outbreaks in Halton, Niagara and Waterloo that have sickened hundreds have been linked by DNA tests showing they share the same rare genetic makeup. Public health officials are also investigating whether E. coli cases at the University of Guelph have the same DNA fingerprint. Of the cases linked in Ontario, 13 have been confirmed in the Niagara Region, three in Halton and two in Waterloo. Another 106 cases in Niagara and Halton are being investigated. In the United States, the genetic code recently showed up in five cases of the food-borne pathogen in Southern California, South Dakota and New Jersey

Apple Cider Suspected in Tri State E coli Outbreak

marler@marlerclark.com (E. coli Attorney) — Thu, 30 Oct 2008 14:15:17 -0800

Apple cider is suspected as a the cause of E coli poisonings in Iowa and Illinois. There are now a half dozen E coli cases in the area. According to WKOW-TV in Madison,Wisconsin:

There are now six confirmed cases of E coli in the Tri-States, and a source might have been discovered among the ones in Southeast Iowa.

According to the Burlington Hawkeye, late last week, the Des Moines County and Lee County Health Departments each confirmed another infection.

That puts the E coli case count at three in Lee County, two in Des Moines County, and one in Hancock County.

Yesterday, the Hancock County Health Department released a statement saying their case was unrelated to the recent Iowa infections. The Hawkeye reports that sources close to the Iowa cases believe that unpasteurized apple cider caused children to become sick.

However, no businesses or facilities have been asked to shut down in connection to the cases.

It is not uncommon for ground apples to be used for making cider, but people often forget that cows often visit such areas first. Also the Iowa Department of Public Health put out a press release Tuesday warning people to take caution when drinking unpastuerized apple cider.

The story of one of the victims, 7-year-old TiAhnna Bryant, can be found here.

Third Restaurant Closes Due to E Coli Outbreak in Ontario

marler@marlerclark.com (E. coli Attorney) — Thu, 30 Oct 2008 13:44:02 -0800

There are fewer restaurants open in Ontario due to E coli outbreaks. Add M.T. Bellies in Welland to the list that already includes the Little Red Rooster restaurant in Niagara-on-the-Lake and Harvey's in North Bay--all closed because they are associated with ongoing E coli outbreaks.

The Canwest News Service reports that:

Health officials in the Niagara region are investigating eight new cases of E. coli infection, bringing to 31 the number of people suspected of having been sickened by the food-borne bacterium.

Eighteen of the currently suspected cases have been linked to the Little Red Rooster restaurant in Niagara-on-the-Lake, Ont., and nine cases are connected to M.T. Bellies in Welland, Ont., Niagara Region Public Health officials said Thursday.

The remaining four have not yet been tied to a particular locale.

Medical officials have not yet been able to identify a specific source for the O157: H7 strain of E. coli at the centre of the outbreak.

Four hundred miles north, North Bay Parry Sound District Health Unit officials were investigating 235 cases in the central Ontario city, 45 of which have been confirmed as caused by the particular strain of E. coli. Harvey's restaurant in North Bay closed on Oct. 12th.

Second Ontario Restaurant Making Its Customers Sick With E Coli

marler@marlerclark.com (E. coli Lawyer) — Tue, 28 Oct 2008 14:33:56 -0800

There are almost 400 miles between the Harvey's restaurant in North Bay and the Little Red Rooster restaurant in Niagara-on-the-Lake, but the two Ontario restaurants may be sharing a E. coli outbreak.

In North Bay, the number of confirmed E. Coli cases was up to 229. In Niagara, the count stood at 18.

Bjorn Christensen, the Niagara's director of environmental health, said they have not yet been able to determine the specific source of the E. coli, but it is commonly found in undercooked beef.

Investigators are looking at other possible sources, including other restaurants and food distributors in the area.

Christensen said that given the restaurant's popularity with tourists and proximity to the U.S. border, it is possible new cases might be found outside of the region.

Meanwhile, in the central Ontario city of North Bay, health officials said 12 more cases of E. coli are being investigated for a total of 229 cases.

Forty-four of those cases have been confirmed to be E. coli O157: H7.

Both Ontario restaurants closed as a result of the E. coli outbreaks (or outbreak) Go here for more.

Iztapa Restaurant in Washington State Sued By E Coli Victim

marler@marlerclark.com (E. coli Lawyer) — Fri, 24 Oct 2008 16:44:18 -0800

The first lawsuit stemming from the Snohomish county E. coli outbreak was filed earlier this week in the Superior Court for the State of Washington, County of Snohomish. The lawsuit was filed on behalf of the minor child of Alison and Ray Riojas of Snohomish County, against Ixtapa Family Mexican Restaurant, which has been identified as the source of the outbreak.

The Riojas family ate at the Ixtapa Restaurant in Lake Stevens on or about October 11. One of their daughters began to feel ill on October 13, and on the 14th was sent home from school. She began to experience diarrhea, which soon turned bloody. On October 16, Mrs. Riojas took her daughter to the pediatrician, where she was advised to go to the Children’s Hospital Emergency Room. At the ER, the child was treated for dehydration and released. Over that day, her symptoms continued to worsen. In severe pain, she was returned to the ER, where she was treated with pain medication and allowed to go home. That night, the child was taken to the ER for a third time, where she began to vomit blood. She was admitted, and a stool sample revealed that she was infected with E. coli O157:H7. The genetic pattern of her E. coli would later match others in the developing outbreak tied to the Ixtapa Restaurant.
The Riojas child has returned home where she continues to recover from her illness. She lost 9 pounds and is too weak to walk; if she has to move, her parents carry her.

News Coverage:

Lawsuit filed in E. coli outbreak tied to Lake Stevens restaurant

Lawsuit filed in Snohomish County E. coli outbreak

Lake Stevens eatery reopens as E. coli suit filed

Family files suit in Lake Stevens E. coli sickness

North Bay E Coli Outbreak Grows To 190

marler@marlerclark.com (E. coli Lawyer) — Wed, 22 Oct 2008 15:10:14 -0800

Harvey's restaurant in North Bay, Ontario must have been a popular place. The number of E coli 0157:H7 cases linked to Harvey's increased today to 190, up from 158 just a day earlier. Of those, 36 have been confirmed by laboratory results. CBC News gave this report:

"We believe the increase in the number of cases is largely due to people who are still reporting their symptoms and are within the expected timeframe of the outbreak," the North Bay Parry Sound District Health Unit said in a statement.

The cases are spread across nine health unit districts in Ontario and one in Quebec, and the majority remain linked to the Harvey's on Algonquin Avenue in North Bay, the city's health unit said.

All of the initial food samples collected on Oct. 12, when health officials shut down the restaurant, have tested negative for E. coli strain.

All of the packaged food from the restaurant have also tested negative for E. coli, according to the Canadian Food Inspection Agency.

Go here for more, including information on contacting the District Health Unit.

Michigan State E Coli Victim Files Lawsuit

marler@marlerclark.com (E. coli Lawyer) — Wed, 22 Oct 2008 14:46:08 -0800

A University of Michigan student has filed a lawsuit against Detroit-based Aunt Mid's Produce in connection with a statewide E. coli outbreak last month. The lawsuit -- the second against Aunt Mid's since the outbreak -- was filed Monday in Washtenaw County Circuit Court on behalf of a U-M senior who alleges she was sickened in the outbreak, which has been linked to Aunt Mid's. At least 38 people were sickened in Michigan last month by an E. coli strain linked to industrial-size packages of iceberg lettuce distributed by Aunt Mid's to restaurants and institutions. In her complaint, the student says she consumed the contaminated lettuce in mid-September, and by Sept. 19, she began to experience abdominal cramps, vomiting, and bloody diarrhea. She sought treatment at the University of Michigan Health Service Clinic. An MSU student has also sued Aunt Mid's in connection with the E. coli outbreak.

Ontario, Vermont, & Washington State All Tracking E. coli Outbreaks; Meat Recall Underway

marler@marlerclark.com (E. coli Attorney) — Mon, 20 Oct 2008 12:33:42 -0800

We are beginning to wonder if the number and seriousness of E. coli 0157:H7 has become so routine that its like background music.

The North Bay, Ontario outbreak has reached 159 confirmed and suspected cases, say Canadian health officials. South of the border, there are 10 more 0157:H7 victims in Vermont, where Vermont Livestock, Slaughter and Processing Co. has recalled of 2,758 pounds of ground beef due to the fact that they may be contaminated with E. coli.

Across the country north of Seattle, health officials in Snohomish County say they are investigating at least six cases of E. coli poisoning.

Some of the anger that is common with E. coli victims was documented by The Canadian Press. It reports:

Twenty-year-old student Kelly Fortier says she's angry her life has been put on hold since eating two weeks ago at a local Harvey's restaurant linked to the outbreak.

She suffered terrible cramps and bloody diarrhea and was hospitalized for four days, and she still can't go to school or work.

"I'm still in isolation - I can't go anywhere," Fortier said.

"I have other things to do, which I can't do. I was upset when I was in hospital, because I thought I was dying. But mainly I'm just angry."

Oklahoma Was Slow To Close Popular Locust Grove Restaurant

marler@marlerclark.com (E. coli Lawyer) — Sun, 19 Oct 2008 18:13:31 -0800

The Oklahoma State Health Department arrived in Locust Grove at nightfall last Aug. 22nd to investigate multiple reports of food poisoning in the area.

They knew by the next day that the Country Cottage restaurant was implicated in the outbreak, but allowed popular family dining spot to remain open until it closed voluntarily three days later on Aug. 26th.

The slow response was detailed today by Daily Oklahoman reporters Tony Thornton, Randy Ellis and Nolan Clay. They reported that:

State Health Department officials allowed a Locust Grove restaurant to stay open temporarily — even after confirming six of eight initial food poisoning victims had eaten its food, internal documents show.
That decision may have resulted in additional people getting sick.

A rare strain of E. coli, 0111, caused the outbreak that killed a 26-year old man, put 72 in the hospital including seriously injured children, and made another 241 sick.

The Country Cottage remains closed. According to health officials, every 0111 victim had consumed food prepared by the Country Cottage. Officials have been unable to isolate a single source.

The work of the Oklahoman's investigative reporters can be found here.

Harvey's Restaurant in North Bay Linked To E. Coli Outbreak

marler@marlerclark.com (E. coli Lawyer) — Wed, 15 Oct 2008 11:18:00 -0800

Canada has seen more of its fair share of food-borne illness in recent months, especially with the Maple Leaf listeria outbreak that has killed 20. Now its got a full-blown E. coli outbreak on its hands as well.

Ontario's North Bay Parry Sound Health District today is reporting its:

...caseload of people who are ill with symptoms of E coli O157:H7 has increased overnight, as was anticipated. There are now 14 lab-confirmed cases of E coli and 38 are under investigation, bringing the total to 52 cases connected to this E coli outbreak investigation. All of the people who have become ill are linked to the Harvey’s Restaurant on Algonquin Avenue since September 28th 2008.

“Unfortunately, because of the number of meals served at Harvey’s Restaurant on a daily basis and the long incubation period of E coli O157:H7, we did predict that there would be an increase in the number of people who might be affected.” says Dr. Catherine Whiting, Medical Officer of Health. “Right now, I can tell you that the ages of the people who are ill range from 9 years old up to 84 years of age. Some of them are in hospital and some are recovering at home.”

Public Health Inspectors continue to collect information and analyze data to ensure that all possible sources of E coli are being investigated. City of North Bay emergency crews also conducted extra testing on the municipal water during the weekend. Lab test results confirm that drinking water is not the source.

For more from the Health District, go here. North Bay is a city of about 54,000 in northeastern Ontario. Its history is associated with the Canadian Pacific Railway.

E coli Kills Kansas Boys in Witchita Medical Center

marler@marlerclark.com (E. coli Lawyer) — Tue, 14 Oct 2008 14:30:51 -0800

There is a lot of Kansas separating the towns of Liberal and Matfield Green.

Liberal is an Oklahoma panhandle border town. The 20,000 who make Liberal home depend on oil, gas, and helium as well as agriculture. Its closer to Denver, Colorado than Kansas City, Kansas.

Matfield Green is just off I-35, northeast of Wichita halfway to Topeka. The Chase County town has just 60 people. Known for the Tallgrass Prairie National Preserve, Chase County has about 3000 residents.

What binds these two Kansas towns together are the deaths of two children from E. coli, and the Wesley Regional Medical Center in Wichita, where both died.

Dead is 4-year old Brant Burton, son of T.W. and Rachelle Burton of Matfield Green and 18-month old Tanner Strickland of Liberal. Tanner's brother continues to battle E. coli at the Wichita hospital.

The Kansas Department of Health and Environment is investigating the deaths.

E coli Contamination Brings Recall of Nicaraguan Beef

marler@marlerclark.com (E. coli Lawyer) — Mon, 13 Oct 2008 18:40:22 -0800

In a world where financial markets around the globe can all either light up or melt down in an instant, the path meat takes to our tables should not come as a surprise. Still, we are reminded how quickly these linkages can catch up with us when the United States is recalling Nicaraguan-produced beef being distributed by a packer in Puerto Rico.

While this isn't going to make Nicaraguan President Daniel Ortega happy (see picture to see how he looks now), United Press International is reporting:

The U.S. Food Safety and Inspection Service announced a recall of approximately 420 pounds of frozen beef trim in Puerto Rico due to possible contamination.

The FSIS said Packers Provision, a Puerto Nuevo, Puerto Rico, company recalled the meat because it might be contaminated with E.coli O157:H7.

Being recalled are 60-pound bulk boxes of "BM-95 BONELESS BEEF." Each shipping container bears the establishment No. "Nicaragua 4" inside the Nicaraguan mark of inspection. The shipping label bears the item No. "00003," and an Aug. 19 packing date.

The recall expands a similar action announced last week in which Nicaraguan-produced frozen beef trim products were exported to the United States and then sent to various distributors and other establishments for further processing. The recall was expanded Monday to Puerto Rico.

For the UPI story, go here.

Just Another Week of E. coli Taking Victims In Amercia

marler@marlerclark.com (E. coli Attorney) — Sat, 11 Oct 2008 11:48:38 -0800

We thought we'd do something different today, and just give a rundown on the E, coli news we've been involved in. Every week is getting to be E. coli week in America. This is a look-back on the last one. Here we go!

We received several calls last Monday from sorority sisters who had been sickened by E. coli O157:H7 at the University of Colorado in Boulder. Interestingly, the common denominator seems to be Jimmy John’s – just off campus. Coincidentally, the first inspection since 7/28/06 occurred on 9/28/08 and the report was mailed,also on Monday, to Mr. Prescott (the owner) . The purpose was to investigate "suspect food-borne illness complaint who reported eating at the facility. Complainants had approximately 13 sandwich plates with 10 sandwiches each delivered to their facility on Sept. 20th. Sandwiches included Big John’s, Turkey Tom, Ham and Cheese, and Vegetarian." E. coli does not seem to be listed as an ingredient – yet.

On Tuesday Butte County health officials announced that leftover frozen tainted tri-tip, that sickened at least 27 people, tested positive for E. coli O157:H7 bacteria. The bacteria in the meat perfectly matches (by PFGE genetic fingerprint) the bacteria found in stool samples taken from several people who became ill.

The first lawsuit stemming from a recent lettuce-borne E. coli outbreak was filed at week's end in the Circuit Court for Ingham County, Michigan against Aunt Mid’s Produce. The petition was filed on behalf of Michigan State University (MSU) student and East Lansing resident Samantha Steffen. In September 2008, at least 34 people were sickened by the virulent E. coli strain O157:H7. The ill were concentrated in Michigan, and included students at MSU Lansing as well as inmates at a Michigan jail. The outbreak was traced to contaminated lettuce distributed by Aunt Mid’s Produce of Detroit, Michigan.

Samantha Steffen consumed lettuce on campus in early September, and by September 13, she began to experience nausea, abdominal cramps, and frequent bouts of diarrhea. In the next couple of days, her diarrhea turned bloody, and she asked a friend to take her to the emergency room where she was treated for severe dehydration. A stool sample taken there revealed that she was infected with E. coli O157:H7. After her release from the ER, Ms. Steffen continued to experience painful cramps, nausea, and bloody diarrhea. She has yet to fully recover from her illness.

“Lettuce from Aunt Mid’s Produce has been positively identified as the source of this outbreak,” said Ms. Steffen’s attorney William Marler. “Despite calls to reveal the source of the tainted lettuce—a pivotal step toward ensuring that there is no additional tainted product in the supply chain—Aunt Mid’s has refused to do so. Food distributors are responsible only to their direct consumers but also to the food supply system as a whole. By withholding information about a contamination event, Aunt Mid’s Produce is not doing their part to keep food safe for everyone.”

Although E. coli outbreaks are often associated with meat, produce-borne outbreaks have become more frequent in recent years. The Center for Science in the Public Interest noted that fully 25 percent of E. coli outbreaks from 1990-1998 were traced to produce. Data from the Centers for Disease Control show that over the last 12 years, twenty-two E. coli outbreaks have been traced specifically to leafy greens, including the spinach outbreak in 2006, which made more than 200 ill and caused four deaths.

E. coli Victim Sues Lettuce Supplier

MSU student sues Detroit produce supplier following E. coli illness

Lettuce that Sickened 37 in Michigan Linked to California

Student Sues for E. coli Damages

As the Boulder County Health Department continuec as the week ended to count the ill linked to Jimmy Johns, more recalls of E. coli-tainted meat where announced overnight. Possible Links?

Colorado Firm Recalls Frozen Beef Products Due To Possible E. coli

Colorado Foods Products, a Greenwood Village, Co., establishment, is recalling approximately 2,340 pounds of frozen beef trim that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service. 60-pound bulk boxes of “BM-95 BONELESS BEEF.” Each shipping container bears the establishment number “Nicaragua 4” inside the Nicaraguan mark of inspection. The shipping label bears the item number “00003,” and pack date of “8-19-08.” The frozen beef trim products were produced on Aug. 19, 2008, and were exported to the United States and then sent to distributors and establishments in California. These products were sent to establishments for further processing and will likely not bear the establishment number “Nicaragua 4” on products available for direct consumer purchase.

Florida Firm Recalls Frozen Beef Products Due To Possible E. coli

A.C.S. Meyners Ltda., a Ponte Verde, Fl., establishment, is recalling approximately 20,460 pounds of frozen beef trim that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced today. 60-pound bulk boxes of “BM-95 BONELESS BEEF.” Each shipping container bears the establishment number “Nicaragua 4” inside the Nicaraguan mark of inspection. The shipping label bears the item number “00003,” and pack date of “8-19-08.” The frozen beef trim products were produced on Aug. 19, 2008, and were exported to the United States and then sent to distributors and establishments in New York and Pennsylvania. These products were sent to establishments for further processing and will likely not bear the establishment number “Nicaragua 4” on products available for direct consumer purchase.

E. coli Possible in Recalled Meat in Wisconsin

Astro Meats & Seafood Inc., is recalling about 4,200 pounds of frozen beef trim shipped to distributors and establishments in Indiana and Wisconsin that may be contaminated with E. coli. The recall announced Wednesday by the U.S. Department of Agriculture's Food Safety and Inspection Service includes 60-pound bulk boxes of "BM-95 BONELESS BEEF." The shipping label has the item number "00003" and pack date of "8-19-08."

E. coli Linked to Boulder Jimmy John’s

Spate of E. coli infections linked to Boulder eatery

Jimmy John's Closed for E. coli Investigation

Jimmy John's Reopens After E. coli Outbreak

Raw Milk Farms Celebrate; Their Product Sends Three To Hospital

marler@marlerclark.com (E. coli Lawyer) — Sun, 05 Oct 2008 19:47:07 -0800

Today farms selling raw milk in Vermont held open houses. They invited city and town folk to "hop from farm to farm and spend the afternoon getting to know the farmers, dairy cows and goats in your community and beyond. Tour the farms, taste the milk, and even purchase a gallon to bring home!"

When they picked Sunday, Oct. 5, for the event, the raw milk dairies probably did not anticipate it would coincide with an E. coli outbreak blamed on their product.

Three people from Orleans County, Vermont are down the E. coli after consuming either raw milk or ice cream made with raw milk, health officials say.

In Vermont, farmers are allowed to sell small quantities of raw milk and raw milk products, but only on the farm. State health officials and the state Agency of Agriculture recommend that raw milk not be consumed.

The suggested donation for Sunday's open house was $10 per family, and all proceeds went benefit Rural Vermont's Farm Fresh Milk Campaign. Maybe the Campaign will step up and pay some medical bills! But we bet the milk goes sour long before that happens.

Boulder, Where The Rich Always Keep Secrets, Won't Say Which Sorority Has E coli Outbreak

marler@marlerclark.com (E. coli Attorney) — Thu, 02 Oct 2008 15:14:28 -0800

Public Health Officials Investigating wave of E. coli cases

Boulder County Public Health (BCPH) is currently investigating a cluster of E. coli O157:H7 infections associated with students attending the University of Colorado at Boulder (CU). Since September 23rd, BCPH has investigated eight related cases.

Initial investigations indicate that on-campus dining is not related to the illness. BCPH staff is working closely with CU and the Colorado Department of Public Health and Environment (CDPHE) to identify the source of the outbreak and any additional cases among students and the public. According to the Daily Camera, Initial investigations showed that on-campus dining isn't related to the outbreak, but health officials are still trying to identify the source. Of the eight cases, seven are CU students and one is a sorority adviser. Most of the affected students are members of the same sorority, which CU officials declined to name.

There have been recent E. coli outbreaks traced to steaks and lettuce.

Outbreak May Be Over, But Suffering Continues In Locust Grove, OK

marler@marlerclark.com (E. coli Lawyer) — Tue, 30 Sep 2008 09:51:37 -0800

There are places with bad karma and it makes you wonder why. Locust Grove, OK is such a place. The town of 1500 was, 30 years ago, the center for the murders of three Girl Scouts at camp. Murders that remain unsolved. Then there was the more recent killing of an elderly couple south of town. Killings that remain unsolved.

Now there's the outbreak of E. coli 0111 that made more than 300 sick and killed 26-year old Chad Ingle, a bank teller and newlywed from the nearby town of Pryor. Officially the outbreak is over, but the suffering continues.

KJRH-TV 2 in Tulsa reports:

13-year-old Lexy Morton was hospitalized due to E. coli for five weeks.

"She went through kidney dialysis. She had trouble with her pancreas, her kidneys, and her liver. She's lost a lot of muscle mass and a lot of weight," said Becky Morton, Lexy's mother.

She's been out of the hospital for a week now, but her treatments aren't over yet, "They're still taking bloodwork. We have to go a couple of times a week to the doctor," said Morton.

The Morton family is uninsured and now coping with $800,000 in medical bills. For more, go here.

Health officials have yet to find out how the 0111 strain of E coli got into the Country Cottage restaurant in Locust Grove, where most of the victims contacted the bacteria.

Whether or not it will remain another Locust Grove unsolved mystery remains to be seen. With the bad karma, however, we fear his too may remain unsolved.

Michigan E. coli O157:H7 Outbreak Linked to Bagged Lettuce, Again. Food Safety Attorney, William Marler, Gives History Lesson.

marler@marlerclark.com (E. coli Lawyer) — Sat, 27 Sep 2008 10:37:03 -0800

This is a press release being distributed by Marler Clark:

Seattle--- “E. coli O157:H7 outbreaks associated with lettuce or spinach, specifically the "pre-washed" and "ready-to-eat" varieties sold under various brand and trade names, are by no means a new phenomenon,” according to food-safety attorney, William D. Marler, of Marler Clark. By way of illustration:

•    in October 2003, thirteen residents of a California retirement home were sickened, and two people died, after eating E. coli-contaminated, pre-washed spinach;

•    in September 2003, nearly forty patrons of a California restaurant chain fell ill after eating salads prepared with bagged, pre-washed lettuce; and

•    in July 2002, over fifty young women fell ill with E. coli O157:H7 at a dance camp after eating “pre-washed” lettuce, leaving several hospitalized and one with life-long kidney damage.

And this is just a small sampling of the twenty or more E. coli O157:H7 outbreaks since 1995 in which spinach or lettuce was the source.

Several more outbreaks linked to contaminated leafy-produce, including most recently the September 2005 Dole packaged lettuce outbreak, are identified in the chart below, which is based on information gathered by the Center for Science in the Public Interest:

DATE	VEHICLE	Etiology	Number of CASES	STATES
8/93	Salad	E. coli O157:H7	53	WA
7/95	Lettuce (leafy green; red; romaine)	E. coli O157:H7	70	MT
9/95	Lettuce (romaine)	E. coli O157:H7	20	ID
9/95	Lettuce (iceberg)	E. coli O157:H7	39	ME
10/95	Lettuce (iceberg; unconfirmed)	E. coli O157:H7	11	OH
5/96-6/96	Lettuce (mesclun; red leaf)	E. coli O157:H7	61	CT, IL, NY
5/98	Salad	E. coli O157:H7	2	CA
2/99-3/99	Lettuce (iceberg)	E. coli O157:H7	72	NE
7/02-8/02	Lettuce (romaine)	E. coli O157:H7	29	WA,ID
10/03-5/04	Lettuce (mixed salad)	E. coli O157:H7	57	CA
4/04	Spinach	E. coli O157:H7	16	CA
9/05	Lettuce (romaine)	E. coli O157:H7	32	MN, WI, OR

The CSPI data base can be found here.

The most recent major E. coli outbreak ties to leafy greens was the Dole Spinach outbreak of 2006. This included 205 illnesses due to E. coli O157:H7 reported the CDC. This number included 31 cases of HUS, 102 hospitalizations, and 3 deaths. The FDA maintained its conclusion that all the implicated spinach was traced back to Salinas Valley in California.

“We never seem to learn,” said Mr. Marler. In November 2005, the FDA elucidated its past efforts and present concerns in its "Letter to California Firms that Grow, Pack, Process, or Ship Fresh and Fresh-Cut Lettuce." The letter begins:

“This letter is intended to make you aware of the Food and Drug Administration's (FDA's) serious concern with the continuing outbreaks of food borne illness associated with the consumption of fresh and fresh-cut lettuce and other leafy greens.”

The FDA efforts to lead the lettuce industry to safer practices were nothing new. In 1998, the FDA issued guidance to the industry entitled "Guide to Minimize Microbial Food Safety Hazards for Fruits and Vegetables." The guide is specifically designed to assist growers and packers in the implementation of safer manufacturing practices. On February 5, 2004, the FDA issued a letter to the lettuce and tomato industries to "make them aware of [FDA's] concerns regarding continuing outbreaks associated with these two commodities and to encourage the industries to review their practices."

BACKGROUND: Marler Clark has extensive experience representing victims of E. coli bacterial infections. The firm has represented over 1,000 E. coli victims since 1993, when William Marler represented HUS survivor Brianne Kiner in her $15.6 million E. coli settlement with Jack in the Box. Since that time, Marler Clark has represented victims of E. coli outbreaks traced to ConAgra, AFG, Cub Foods, Supervalu, Carneco, Excel, Topps, Stop & Shop and other ground beef suppliers.

Contact: William D. Marler – 1-206-794-5043, bmarler@marlerclark.com.