We borrow this from the Marler Blog, where it was filed earlier today:

An E. coli lawsuit was filed today on behalf of a Denver-area child who became gravely ill with E. coli O157:H7 after eating refrigerated Nestle Toll House cookie dough.  The lawsuit was filed on behalf of the family of Madison Sedbrook by her attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Kara Knowles of the Denver firm Montgomery, Little, Soran, & Murray.

Six-year-old Madison ate Nestle Toll House refrigerated cookie dough several times in mid-April, 2009.  She began to experience flu-like symptoms including fatigue, fever, nausea, and vomiting.  Not knowing the source of her illness, she continued to eat Nestle cookie dough, and by the first week of May, she had abdominal cramps, fever, and bloody diarrhea.  Over the next several weeks, the family sought medical care several times for Madison’s illness, which deepened in severity.  She was admitted to the hospital and then released before being rushed back and admitted to pediatric intensive care.  It was determined that Madison had hemolytic uremic syndrome, or HUS, a complication of her E. coli infection, which was not diagnosed until her second hospital stay.  The genetic fingerprint of the E. coli O157:H7 found in her stool matches that of the nationwide outbreak tied to cookie dough.

“This child – and this family – have been through a terrible ordeal, not the least of which is how many times they sought care before E. coli was detected,” said Marler, who spoke from the National Environmental Health Association (NEHA) convention..  “In order to detect and limit foodborne illness outbreaks, we have to make changes in our healthcare system; doctors and emergency health providers need to be encouraged to test for foodborne pathogens any time these symptoms – especially bloody diarrhea - are present.”   

On Monday, the CDC released updated information on the nationwide outbreak, which now encompasses 70 ill in 30 states.  Thirty people have been hospitalized, and 7 have developed HUS.  Almost seventy percent of the victims are female and under the age of 19.  Nestle USA has voluntarily recalled the product, and stopped production at the facility that made it and are cooperating with FDA and CDC to pinpoint the cause.

“State health departments did a great job of getting to the bottom of this outbreak, and getting the word out,” continued Marler.  “But more resources are needed to speed the process up.  Every day saved means dozens, maybe hundreds of families spared the Sedbrook family experience.”

ABOUT MARLER CLARK: William Marler has been a major force in food safety policy in the United States and abroad.  His food safety blog, Marler Blog, is read by over 1,000,000 people around the world every year.  He and his partners at Marler Clark have represented thousands of individuals in claims against food companies whose contaminated products have caused serious injury and death.  His advocacy for better food regulation has led to invitations to address local, national, and international gatherings on food safety, including recent testimony to US Congress Committee on Energy and Commerce.  In 1998, Mr. Marler formed the not for profit, Outbreak Inc.  He spends much of the year speaking on how to prevent foodborne illnesses.

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Federal food safety officials are on the ground at the Danville, VA plant (see picture on right)  that made the recalled Nestle's cookie dough, the Washington Post reported this morning.

The U.S. Food and Drug Administration is trying to solve the mystery of why and how a bacteria found in the gut of a cow found its way into raw cookie dough, causing a national E. coli 0157:H7 outbreak.  From the WP:

Health officials and food producers puzzled yesterday over how E. coli 0157, a bacterium that lives in the intestines of cattle, could have ended up in a product that seems so unlikely to contain it. "It's a fascinating outbreak," said Craig Hedberg, an expert on food-borne diseases at the University of Minnesota. "By just looking at package labeling, there is no reason you would expect an event like this to occur."

The outbreak, which has sickened at least 65 people in 29 states, is the latest worry for consumers in the Washington area and across the country unnerved by a wave of food-borne illnesses, including botulism associated with canned chili and infections from salmonella linked to peanut products. With cookie dough, like peanut butter, being a favorite of children, the latest outbreak is particularly alarming because the young and the elderly are more likely to develop severe complications if infected with E. coli 0157. More than two-thirds of the 65 victims are younger than 19, according to the federal Centers for Disease Control and Prevention. None has died.

The same article raises Nestle's warning not to eat raw cookie dough. But then reports:  William Marler, a prominent food safety lawyer in Seattle who is representing six of the E. coli 0157 victims, said Nestlé's warning label is not a defense. "It doesn't absolve them of liability," he said.

Read more in the Washington Post.

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It's rare that an "FDA Medwatch" is about food. Usually, such alerts are for medical professionals and address something having to do with drugs or medical devices. The national E. coli 0157:H7 outbreak associated with Nestle's cookie dough, however, is very unusual and this FDA Medwatch has been issued for both consumers and all healthcare professionals:

FDA and the CDC are warning consumers not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7 (a bacterium that causes food borne illness). The warning is based on an ongoing epidemiological study conducted by the CDC and several state and local health departments. Since March 2009 there have been 66 reports of illness across 28 states. Twenty-five persons were hospitalized; 7 with a severe complication called Hemolytic Uremic Syndrome (HUS). No one has died.E. coli O157:H7 causes abdominal cramping, vomiting and a diarrheal illness, often with bloody stools. Most healthy adults can recover completely within a week. Young children and the elderly are at highest risk for developing HUS, which can lead to serious kidney damage and even death.

FDA advises that if consumers have any prepackaged, refrigerated Nestle Toll House cookie dough products in their home that they throw them away. Cooking the dough is not recommended because consumers might get the bacteria on their hands and on other cooking surfaces. Individuals who have recently eaten prepackaged, refrigerated Toll House cookie dough and have experienced any of these symptoms should contact their doctor or health care provider immediately. Any such illnesses should be reported to state or local health authorities.

Please continue reading for the outbreak map, including a case-breakdown by state, from the Centers for Disease Control and Prevention (CDC).

Persons Infected with the Outbreak Strain of E. coli O157:H7, United States, by State, March 1, 2009 to June 18, 2009

As of Thursday, June 18, 2009, 65 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 29 states. Of these, 23 have been confirmed by an advanced DNA test as having the outbreak strain; these confirmatory test results are pending on the others. The number of ill persons identified in each state is as follows: Arkansas (1), Arizona (2), California (2), Colorado (5), Delaware (1), Hawaii (1), Iowa (2), Illinois (5), Kentucky (1), Massachusetts (4), Maryland (2), Maine (3), Minnesota (5), Missouri (2), Montana (1), North Carolina (1), New Hampshire (2), New Jersey (1), Nevada (2), Ohio (4), Oklahoma (1), Oregon (1), Pennsylvania (2), South Carolina (1), Texas (3), Utah (2), Virginia (2), Washington (5), and Wisconsin (1). 

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The Danville News just put this report on its website:

Nestle USA has stopped production in half of its Danville, VA  plant following a Centers for Disease Control and Food and Drug Administration investigation that the company’s cookie dough may be connected to a recent E. coli outbreak.

“The Danville facility makes the majority of our Nestle Toll House refrigerated cookie dough,” said Roz O’Hearn, spokeswoman for the company.

The Danville plant also makes refrigerated pasta, which has not been connected to the E. coli outbreak. Workers will still produce the pasta, but the company is anticipating temporary layoffs for the workers who make the cookie dough in Danville, O’Hearn said.

No other Toll House products are affected by the recall. Officials are asking those with the Toll House refrigerated cookie dough to throw it out or take it back to the store for a refund.

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 Following Bill Marler's exclusive last night on his personal blog, the State of Colorado, and Toll House Cookies, the federal government just issued this release on the Toll House Cookie crisis:

 The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention are warning consumers not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7 (a bacterium that causes food borne illness).

The FDA advises that if consumers have any prepackaged, refrigerated Nestle Toll House cookie dough products in their home that they throw them away. Cooking the dough is not recommended because consumers might get the bacteria on their hands and on other cooking surfaces.

Retailers, restaurateurs, and personnel at other food-service operations should not sell or serve any Nestle Toll House prepackaged, refrigerated cookie dough products subject to the recall.

Nestle USA, which manufactures and markets the Toll House cookie dough, is fully cooperating with the ongoing investigation by the FDA and CDC. The warning is based on an ongoing epidemiological study conducted by the CDC and several state and local health departments. Since March 2009 there have been 66 reports of illness across 28 states. Twenty-five persons were hospitalized; 7 with a severe complication called Hemolytic Uremic Syndrome (HUS). No one has died.

E. coli O157:H7 causes abdominal cramping, vomiting and a diarrheal illness, often with bloody stools. Most healthy adults can recover completely within a week. Young children and the elderly are at highest risk for developing HUS, which can lead to serious kidney damage and even death.

Individuals who have recently eaten prepackaged, refrigerated Toll House cookie dough and have experienced any of these symptoms should contact their doctor or health care provider immediately. Any such illnesses should be reported to state or local health authorities.

The FDA reminds consumers they should not eat raw food products that are intended for cooking or baking before consumption. Consumers should use safe food-handling practices when preparing such products, including following package directions for cooking at proper temperatures; washing hands, surfaces, and utensils after contact with these types of products; avoiding cross contamination; and refrigerating products properly. 

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 On the heels of the warning Colorado issued about Nestle Toll House cookies, the company issued the following press release:

(SOLON, Ohio) – June 19th, 2009 – Nestlé USA’s Baking Division is initiating a voluntary recall of Nestlé® TOLL HOUSE® refrigerated cookie dough products.

Nestlé is taking this action out of an abundance of caution after being notified that the Food and Drug Administration, together with the Centers for Disease Control, are conducting an investigation into reported E. coli 0157:H7 illnesses that may be related to consumption of raw cookie dough.

A number of consumers reporting illness reported consuming raw Nestlé TOLL HOUSE refrigerated cookie dough. While the E. coli strain implicated in this investigation has not been detected in our product, the health and safety of our consumers is paramount so we are initiating this voluntary recall.

We have been and will continue to cooperate fully with the Food and Drug Administration and the Centers for Disease Control in this investigation. Providing safe, high quality products to our consumers is our number one priority.
No other Nestlé TOLL HOUSE products are impacted, including already baked TOLL HOUSE cookies purchased outside the home, all varieties of Nestlé TOLL HOUSE morsels, chocolate baking bars, or cocoa, and Dreyer’s and Edy’s ice cream products with Nestlé TOLL HOUSE cookie dough ingredients.
We want to strongly advise consumers that raw cookie dough should not be eaten. This message also appears prominently on our packaging. Nestlé TOLL HOUSE cookies made from refrigerated dough are safe to consume when baked as directed on the package.
Consumers who have purchased these products should not consume them. Instead, we are asking that consumers return these products to their local grocer for a full refund. We invite consumers with questions to contact Nestlé Consumer Services at 1-800-559-5025 and visit our web site at www.verybestbaking.com.
The products involved in the voluntary recall include all varieties of Nestlé TOLL HOUSE refrigerated Cookie Bar Dough, Cookie Dough Tub; Cookie Dough Tube; Limited Edition Cookie Dough items; Seasonal Cookie Dough and Ultimates Cookie Bar Dough. Variety information is included in the list attached.

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