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

Meat recalled a month ago that could be contaminated with E. coli 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.

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

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

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The USDA Food Safety and Inspection Service has announced 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.

The agency also announced 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.

Topps has 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.
 

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Federal investigators are saying that they have recently learned that Topps Meat Company failed to require adequate testing on the raw beef it bought from its domestic suppliers, and it sometimes mixed tested and untested meat in its grinding machines.

The Agriculture Department acknowledged that its safety inspectors, who were in the Topps plant for an hour or two each day, never cited the company for these problems.

Additionally, Topps, like many other beef processors, had bought an increasing amount of meat from overseas. Some types of meat from foreign countries are not required to be tested for contamination.

There have been 15 E. coli O157:H7 recalls in beef this year, eight of which caused illnesses. The USDA now will test meat at large plants about 12 times a year, up from seven.
 

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The Ithaca Journal's coverage of an E. coli lawsuit filed against Topps by Marler Clark highlights the firm's decision to ask the Court to award punitive damages to an 8-year-old child and his mother, who both became ill with E. coli infections after eating Topps ground beef patties at a barbecue.

According to the Associated Press, consumer groups, including the Consumers Union and the Consumer Federation of America, are asking that the U.S. Department of Agriculture gain the authority to issue recalls.

While the FDA is a pro-consumer agency, it has no jurisdiction over meat and poultry.

“The USDA does not even have the statutory authority to force a recall. They cannot recall a product; they can only ask Topps to do so. In this case they didn't,” said Marler Clark Attorney David W. Babcock.
 

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Marler Clark client Emily McDonald's mom Catherine is thankful that doctors did not treat her daughter 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.

Antibiotics and painkillers 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.

Emily has been 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.

Topps Meat Company, LLC, of Elizabeth, N.J., has voluntarily expanded its Sept. 25 recall to include a total of approximately 21.7 million pounds of frozen ground beef products because they may be contaminated with E. coli O157:H7.
 

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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. It is 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.

USDA officials also 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.

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.

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.

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. The decision will cost 87 people their jobs.
 

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The Chicago Tribune reports that the USDA knew of a positive E. coli test from a meat sample and a human sample over two weeks before a recall was initiated in regards to Topps Meat Company.

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. 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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