Victims of E. coli outbreaks look for answers, solutions

Taco John'sMarler Clark client Teresa Kaiser was recently interviewed for a story that will air on CNN this Saturday and Sunday.  Teresa became ill with an E. coli infection and suffered kidney failure after eating E. coli-contaminated lettuce at a Taco John's restaurant in Minnesota last November.  Although her kidney function is up to around 44 percent, Teresa now has high blood pressure. 

She is looking for answers as to how the lettuce she consumed at Taco John's became contaminated, and health officials' investigation into the outbreak has been hampered since other recent outbreaks have demanded attention that would normally have been afforded to tracing back the Taco John's E. coli outbreak to its source.

The whole story, "Still no answers in '06 lettuce E. coli outbreak," by CNN producer Stephanie Smith, can be accessed on the CNN Web site.

E. coli in produce: Is irradiation the answer?

On Sunday, Dateline NBC ran a story on fresh produce contamination.  The story focused on fresh spinach and lettuce grown in California, and whether irradiation is the answer to ensuring our fresh produce is safe.  Marler Clark client Michelle Matthews was interviewed for the story, as was Bill Marler:

"We can say all day long that we have the safest food system in the world," says Seattle attorney Bill Marler, who specializes in cases involving victims of E. coli-contaminated produce. "Well, we don't. And we have systems that are broken. We have things that need to be fixed."

Marler represents Michelle Matthews, who is suing Dole Foods and Natural Selections/Earthbound Foods to cover her past and future medical bills and her pain and suffering. He says the industry has known about and ignored the problem for years.

"It's easy in these situations to go, 'I'm not sure exactly what caused the problem, so there's nothing I can do. But I'm making a lot of money selling spinach and lettuce in a bag, so I'm going to keep doing that.' They didn't take the time to figure out what the problem was," says Marler.

Another Marler Clark client, Steven Minnis, was interviewed for Dateline's Web site.  His interview can be seen here:  http://www.msnbc.msn.com/id/17740663/

Preventing E. coli: Industry group asks for federal regulation

In the wake of E. coli outbreaks traced to spinach and lettuce last year, and in many years prior to 2006, the United Fresh Produce Association is asking for federal regulations to set standards for produce safety and the Government Accountability Office listed food safety as a high-risk area.  In an article from the Philadelphia Inquirer, which focused on what small, local, farmers are doing to ensure produce safety, concerns about regional marketing agreements and state or local regulations were highlighted:

However, such state-by-state and commodity-by-commodity standards are not satisfactory, said Tom Stenzel, president of the United Fresh Produce Association in Washington. Stenzel's trade group is calling for national regulations enforced by government agencies.

"The consumer is not going to have full trust in a self-regulatory system. That's a hard pill for us as an industry to swallow," said Stenzel, who is scheduled to speak tomorrow at the New Jersey State Agricultural Convention in Atlantic City. It starts today and runs through Wednesday.

Existing federal regulations on food safety need to be improved, according to the federal Government Accountability Office, which added the federal food-safety system to its list of high-risk areas of government activity less than two weeks ago. The main issue is fragmentation, with 15 agencies administering at least 30 laws related to food safety.

Discussions among produce-industry groups and regulators are coming at a time when E. coli and other human pathogens are less prevalent - the colder months.  It is in anticipation of the summer and fall growing season that concerns are being addressed now.  From the Arizona Republic:

Lettuce and spinach production begins in the Salinas Valley in the spring. Production moves south as the weather cools, with farms in Yuma County and California's Imperial Valley producing the crops during the winter.

"In the history of Yuma agriculture, we have never had any sort of an outbreak with our leafy-greens," said Kurt Nolte, area agriculture agent for the Yuma County Cooperative Extension, part of the University of Arizona. "The nature of food outbreaks occurs during the warm periods of the year."