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

The year 2007 is going to be remembered for the big beef recalls due to E. coli returning with a vengeance. All totaled meat producers were forced to recall over 33.3 million pounds of beef products.

Topping the list was the 21.7 million pound recall due to E. coli that sent the New Jersey-based Topps Foods into bankruptcy. When United Food Group in June was forced to recall 5.7 million pounds of E. coli-laced ground beef, no one would have guessed it was going to lead to a second half of 2007 that found E. coli in beef just like the bad old days.

E. coli forced the recall of 3.3 million pounds of Totino’s and Jeno’s frozen meat pizzas. In two separate recalls, Cargill had to recall over 1.9 million pounds of beef they had contaminated with the deadly E. coli pathogen.

Most of the big recalls of 2007 remain on the active case list of the Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture. The percentage of recalled products actually returned to manufacturers is often pretty low.

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Ground beef patties produced by Topps Meat Company that were recalled for possible E. coli contamination in September are still on store shelves.

Over the past few weeks, 141 boxes of Topps burgers have been found at 12 stores, all in northern New Jersey except for one in Gloucester City in Camden County, according to the state Division of Consumer Affairs.

At least six people in New York had become ill with E. coli infections after eating Topps Meats' ground beef, and the investigation into these illnesses by the New York Department of Health and the Centers for Disease Control and Prevention (CDC) was what led to the resulting recall.

Topps Meat Company of Elizabeth, New Jersey, recalled 21.7 million pounds of frozen ground beef products that may have been contaminated with E. coli O157:H7. The CDC announced that 38 confirmed illnesses had been tied to the outbreak in 9 states: Connecticut, Florida, Indiana, Maine, New Jersey, New York, Ohio, and Pennsylvania.
 

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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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A lawsuit seeking punitive damages was filed today against Topps, the New Jersey beef supplier that recalled nearly a year's supply of frozen ground beef patties after its products were identified as the source of an E. coli outbreak in September.

The lawsuit was filed on behalf of Keith and Kristin Goodwin and their 8-year-old son, Lucas, by Seattle-based Marler Clark and Rochester-based Underberg & Kessler.

The lawsuit states that Topps had knowledge of consumer illness tied to its products and a positive E. coli sample from its ground beef patties no later than September 8th, seven days before Kristin and Lucas Goodwin ate Topps hamburgers.

Kristin was released from the hospital on September 26th, but Lucas developed hemolytic uremic syndrome and remained hospitalized for eight days. While they were hospitalized, Topps recalled 332,000 pounds of ground beef products.  The company later expanded the recall to include 21.7 million pounds of ground beef.
 

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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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A lawsuit has been filed against Topps Meat Company, the meat producer whose ground beef products have been identified as the source of an E. coli O157:H7 outbreak, and who expanded a ground beef recall to include 21.7 million pounds of meat over the weekend.

The lawsuit was filed on behalf of Albany County, New York, residents Robert and Catherine McDonald and their young daughter, who became ill with an E. coli O157:H7 infection and was hospitalized after eating a hamburger made of Topps Meats ground beef

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A Topps Meats, of Elizabeth, New Jersey press release reported that at least 21 people in eight states could be part of an E. coli outbreak that has been traced back to consumption of ground beef products produced by their company.  The CDC has confirmed three cases linked to Topps, and is waiting on lab testing for confirmation of an additional 18 cases, according to the Associated Press.

Health officials found contaminated burgers in one New York victim's home freezer.  The boxes recalled carry the number "Est. 9748" inside the USDA mark and were produced on June 22, July 12 or July 23.



The recalled products include certain 10-pound boxes of Butcher's Best 100% All Beef Patties; certain 10-pound boxes of Kohler Foods burgers; certain 10-pound boxes of Sand Castle Fine Meat; some 2-pound boxes of Topps 100% Pure Ground Beef Hamburgers; and some 3-pound boxes of Topps 100% Pure Ground Beef Hamburgers.

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The United States Department of Agriculture announced yesterday that Topps is recalling 331,582 pounds of frozen ground beef.  The recall was announced after an E. coli O157:H7 outbreak investigation identified Topps ground beef products as the source of an E. coli outbreak.

According to the Albany Times/Union, the E. coli outbreak was discovered by the New York Department of Agriculture, which was investigating several E. coli cases among New York residents. 

Information about the recall, supplied by the USDA, is as follows:  Each package also bears the establishment number “Est. 9748” inside the USDA mark of inspection.



The frozen ground beef products were produced on June 22, July 12 or July 23 and were distributed to food service institutions in the New York metropolitan area and to retail establishments nationwide.

An investigation into a cluster of illnesses in the Northeast region carried out by the New York State Department of Health in coordination with the Centers for Disease Control and Prevention led to a positive product sample collected by the New York Department of Health.



In August, 2005, an eight-year-old Albany, New York girl became ill with an E. coli O157:H7 infection after eating a hamburger purchased from Price Chopper. The ground beef used in the hamburger had been supplied to Price Chopper by Topps Meats.

 

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