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

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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Reporter Bill Hord with the Omaha World-Herald took a look into E. coli contamination in ground beef on the ten-year anniversary of Hudson Foods' recall of 25 million pounds of ground beef for E. coli contamination. 

A lot has happened since the largest ground beef recall in U.S. history, including a significant decline in E. coli contamination and illnesses.  Since 1996, E. coli cases have trended downward, but in 2004 and 2006, E. coli cases are back up. 

In April, the United States Department of Agriculture began testing beef trimmings - the meat that goes into ground beef - for E. coli contamination.  The testing is done before trimmings leave the slaughterhouse to be processed at a grinding operation.  In addition:

USDA investigators recently began thorough investigations of a meatpacking plant's procedure when any meat tests positive for E. coli.

"We want to make sure it's an isolated incident and not a problem with the plant's procedures," Raymond said.

Packing plants also are encouraged to hold onto ground beef until E. coli tests are returned and are confirmed as positive, Raymond said, a process that could take a day. The USDA offers to cut back on some of its other inspections if plants agree to wait for results.

The demise of the Hudson plant in 1997 can be attributed to the company's practice of carrying over ground meat from the end of one shift to another, meaning that the contaminated meat could not be traced back to just one day's grinding.

Today, large grinding companies make sure that each lot of meat is kept separate from another so that one positive test for E. coli would not result in multiple days' product being recalled or destroyed.

E. coli outbreaks traced back to ground beef continue to happen, but the significant decline in illnesses is a tribute to the industry's efforts to clean up.  The recent up-tick in E. coli cases traced to contaminated produce are cause for concern.  Like the beef industry, the produce industry must implement an effective industry-wide approach at curbing E. coli contamination to keep the number of cases - and outbreaks - down. 

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Darrell Smith, a reporter for the Sacarmento Bee, wrote an article about the lawsuit Marler Clark filed against United Food Group last Thursday afternoon.  The article focused not only on the lawsuit, but on the larger problems surrounding food safety - meat safety in particular.

Today, [Chris Waldrop, director of the Consumer Federation of America's Food Policy Institute in Washington, D.C.] sees a disturbing return: "It looked like (improvements in food safety) were working, but something has happened. Something's going on in the food supply chain. We need to figure out what that is. We can't let our guard down. We need to have the same level of vigilance."

Testing at beef processing plants varies from processor to processor, but relies on a combination of industry and USDA guidelines and beef industry "best practices."

In a 2006 Texas A&M study prepared for the beef industry, examples included sampling finished ground beef products every 15 minutes to test specifically for E. coli O157:H7; documenting the source of raw material through lot or serial numbers; and discouraging the introduction of excess meat into the processing flow.

The United Foods recall is the largest of a number of recalls in recent months. In all, more than 6 million pounds of ground beef and related products have been recalled from stores and distribution sites in 25 states since April.

Bill Marler wrote about recent E. coli outbreaks traced to ground beef in a recent blog post.

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The E. coli O157:H7 illnesses of at least four Arizonans who became ill after eating contaminated ground beef have been traced to the outbreak health officials are currently investigating.  According to an Associated Press report in the Arizona Daily Star:

Four cases of E. coli infections have been identified by Arizona health officials as possibly linked to beef that a California meatpacking company recalled Monday.

Two cases are in Maricopa County and one each is in Yavapai and Navajo counties. Two people required hospital treatment but have recovered, officials with the Arizona Department of Health Services said.

The beef was processed by United Food Group LLC of Vernon, Ca. and shipped to retail distribution centers in Arizona, California, Colorado, Oregon and Utah. It was sold at Albertsons, Save-A-Lot, Grocery Outlet, Fry's, Save-Mart, Smart and Final, Smith's, and Stater Bros. stores.

In addition, KSL-TV out of Salt Lake City reported that a Utah resident became ill with an E. coli infection after eating the contamianted ground beef, but has since recovered.  On Monday, Colorado health officials confirmed that two Coloradans had become ill with E. coli infections after eating the ground beef in a press release.

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This week's food safety infosheet from the International Food Safety Network focuses on E. coli outbreaks in California and Minnesota.  Both outbreaks were traced to ground beef, and both are still being investigated by health officials. 

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According to an article in the Minneapolis Star-Tribune, Minnesota health officials have traced an E. coli outbreak in late April to ground beef sold at grocery several stores in Minnesota towns. 

The meat was sold under a store label at the Edina Lunds, and Byerly's stores in Minnetonka, Chanhassen and St. Louis Park, according to the health department.

Five adults and two children were among those sickened. Three were treated at area hospitals. The infections were reported between April 21 and April 28, according to the health department.

State health officials added that any ground beef purchased at the stores since April 7 should be thrown out or returned to the store.

In a Minnesota Department of Health press release, "E. coli O157:H7 cases linked to ground beef purchased at Lunds or Byerly’s stores since mid-April," Heidi Kassenborg, Acting Director of the Dairy and Food Inspection Division of the Minnesota Department of Agriculture stated, "[W]e can't be certain that meat from other stores is not involved, since all of the beef used for ground beef for Lunds and Beverly's stores comes from a single procesing facility." 

While the ground beef has not been recalled, the Minnesota Department of Health is encouraging consumers to throw out or return the ground beef products to stores.

As a precautionary measure, Lunds and Byerly’s have voluntarily removed many varieties of ground beef from all of their stores and are cooperating fully with the investigation.

Lunds and Byerly’s customers are urged to return or destroy fresh ground beef purchased at any of their stores since April 7, 2007. This includes ground beef purchased fresh then frozen at home. It includes fresh beef patties, fresh or frozen meatloaf and ground chili meat. Customers should return the ground beef to any Lunds or Byerly’s immediately for a full refund. (A receipt is not required.)

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After an E. coli outbreak that sickened at least three children, St. Helena Little League will no longer serve hamburgers at concession stands during games.  The Napa Valley Register reported Sunday:

Jim Gamble, president of St. Helena Little League, said the organization's snack shacks now serve only pre-packaged and pre-cooked food. "The resolution was passed in early April. ... (The children's infection) was an isolated incident and we received contaminated beef. Unfortunately, these children got sick from it. We're all very grateful they've fully recovered. It was scary."

Gamble said the three confirmed reports of E. coli were in children between the ages of 8 and 12.

To prevent E. coli infections from ground beef, cook all ground beef thoroughly.

Eating undercooked ground beef is the most important risk factor for acquiring E. coli O157:H7. Because ground beef can turn brown before disease causing bacteria are killed, use a digital instant read meat thermometer to ensure thorough cooking. Ground beef should be cooked until a thermometer inserted into several parts of the patty, including the thickest part, reads at least 160º F. Persons who cook ground beef without using a thermometer can decrease their risk of illness by not eating ground beef patties that are still pink in the middle. If you are served an undercooked hamburger or other ground beef product in a restaurant, send it back for further cooking.[2]

Avoid spreading harmful bacteria in your kitchen. Keep raw meat separate from ready-to-eat foods. Wash hands, counters, and utensils with hot soapy water after they touch raw meat. Never place cooked hamburgers or ground beef on the unwashed plate that held raw patties.

Wash meat thermometers in between tests of patties that require further cooking.

Other risk factors and methods of preventing E. coli infection can be found at the About-E. coli Web site.

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