It's Spring in Salt Lake City

It's amazing that 14 year old girls innately know when it's Spring.

Washington Never Went to Yellowstone

Grey wolves were re-introduced in the greater Yellowstone area in a controversial but very successful program in 1995. They were apparently absent there for almost 70 years, although I've talked to a few old-timers in the area that claim that they were never really all gone. I'm not sure I believe them, but it made for a good story especially around the campfire late at night. The animals that were placed in Yellowstone came from Canada and have done remarkably well, reproducing at a rapid rate. I have now seen a wolf pack in Yellowstone as it has stalked its prey. I watched from just outside my car. The prey appeared to be an elk. At least that's how I remember it. I mean it's not like there was sniper fire in the area or something that made me so damned nervous that I can't remember that there were a few wolves in the area that were taking down an elk. Oh, and I don't think I was wearing a flack jacket either. Nor did I run to my vehicle due to possible incoming. I remember my kids were waiting for me in the car as I snapped off a few photos. I can't remember if they were reading poetry or not.

After reading American Creation and Founding Brothers by Joseph J. Ellis, I find it interesting that our Founding Fathers never campaigned for the presidency. They were asked by a few close associates and then voted on by the electoral college. They usually told their friends no a few times before they warmed up to the idea. Washington, Jefferson, and even Lincoln to a great degree, never sought to become President. They would have viewed that as a character flaw. They served the people for a season and then expected to retire to a private life.

Washington actually had a great reluctance to come again into public life after the war. In a letter to the Marquis de la Fayette, regarding the desire for many that he, Washington, become President, Washington observed:

"Your sentiments indeed coincide much more nearly with those of my other friends, that with my own feelings. In truth, my difficulties increase and magnify as I draw towards the period, when, according to the common belief, it will be necessary for me to give a definitive answer in one way or other. Should circumstances render it in a manner inevitably necessary to be in the affirmative, be assured, my dear sir, I shall assume the task with the most unfeigned reluctance, and with a real diffidence, for which I shall probably receive no credit from the world. If I know my own heart, nothing short of a conviction of duty, will induce me again to take an active part in public affairs. And in that case, if I can form a plan for my own conduct, my endeavours shall be unremittingly exerted, (even at the hazard of former fame or present popularity,) to extricate my country from the embarrassments in which it is entangled through want of credit, and to establish a general system of policy, which, if pursued, will ensure permanent felicity to the commonwealth. I think I see a path as clear and as direct as a ray of light, which leads to the attainment of that object. Nothing but harmony, honesty, industry, and frugality, are necessary to make us a great and a happy people. Happily the present posture of affairs and the prevailing disposition of my countrymen, promise to co-operate in establishing those four great and essential pillars of public felicity."

What is it today that someone would actually want to be President so bad that they would embellish their past or have to campaign for two years before they take office? Washington saw his men starve to death at Valley Forge. He saw the blood stained snow as they marched to the Delaware River during Christmas to cross during a blizzard. He road his horse over snake-like trenches and saw the blown-off body parts of his young soldiers as they literally dug their way towards freedom in the trenches at Yorktown-- much to his aides dismay as they took incoming. He turned the tide of retreat several times and rallied his nearly naked men toward the battle. He was prepared for the presidency. He didn't have to beg for it or talk about it. His reputation and honor didn't need embellishment.

If you ever walk deep into the wilderness and have the opportunity to hear the wolves cry, stop and listen. I hope for a moment you feel your heart beat faster. I also hope that no one is around to film it so it doesn't show up a few months later on Youtube.

Salmonella Risk with Cantaloupes

The FDA has just sent out a warning about a Salmonella Outbreak in the U.S. involving cantaloupes grown in Honduras. The States involved include Utah. Although we have our own set of problems with our food supply in our own country, we need to question whether our food grown outside of the United States meets the standards we expect and what controls are in place to protect our food supply. Here is the body of the FDA warning:

FOR IMMEDIATE RELEASE
March 22, 2008

FDA Warns of Salmonella Risk with Cantaloupes from Agropecuaria Montelibano
The agency detains products from the Honduran manufacturer

The U.S. Food and Drug Administration has issued an import alert regarding entry of cantaloupe from Agropecuaria Montelibano, a Honduran grower and packer, because, based on current information, fruit from this company appears to be associated with a Salmonella Litchfield outbreak in the United States and Canada. The import alert advises FDA field offices that all cantaloupes shipped to the United States by this company are to be detained.

In addition, the FDA has contacted importers about this action and is advising U.S. grocers, food service operators, and produce processors to remove from their stock any cantaloupes from this company. The FDA also advises consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from this specific grower and packer. If so, consumers should throw away the cantaloupes.

To date, the FDA has received reports of 50 illnesses in 16 states and nine illnesses in Canada linked to the consumption of cantaloupes. No deaths have been reported; however, 14 people have been hospitalized. The states are Arizona, California, Colorado, Georgia, Illinois, Missouri, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin.

The FDA is taking this preventive measure while the agency continues to investigate this outbreak in cooperation with the Centers for Disease Control and Prevention and state partners. Such intervention is a key component of FDA’s Food Protection Plan.

Symptoms of foodborne Salmonella infection include nausea, vomiting, fever, diarrhea, and abdominal cramps. In persons with poor health or weakened immune systems, Salmonella can invade the bloodstream and cause life-threatening infections. Individuals who have recently eaten cantaloupe and experienced any of these symptoms should contact their health care professional.

The FDA recommends that consumers take the following steps to reduce the risk of contracting Salmonella or other foodborne illnesses from cantaloupes:

* Purchase cantaloupes that are not bruised or damaged. If buying fresh-cut cantaloupe, be sure it is refrigerated or surrounded by ice.

* After purchase, refrigerate cantaloupes promptly.

* Wash hands with hot, soapy water before and after handling fresh cantaloupes.

* Scrub whole cantaloupes by using a clean produce brush and cool tap water immediately before eating. Don't use soap or detergents.

* Use clean cutting surfaces and utensils when cutting cantaloupes. Wash cutting boards, countertops, dishes, and utensils with hot water and soap between the preparation of raw meat, poultry, or seafood and the preparation of cantaloupe.

* If there happens to be a bruised or damaged area on a cantaloupe, cut away those parts before eating it.

* Leftover cut cantaloupe should be discarded if left at room temperature for more than two hours.

* Use a cooler with ice or use ice gel packs when transporting or storing cantaloupes outdoors.

Ongoing Conversation on Top of the Rug

I've been out of the office the last few days mostly involved in E. coli cases in state and federal court. While I was out, U.S. Presidential Candidate, Barack Obama, held a press conference that was precipitated by some of the controversial comments his former minister had said regarding race in the United States. This controversy is not new. It's been around since recorded time began.

In the United States, when the founding fathers created a constitution of limited government, arguably the two greatest failures of those founding fathers was the fact they failed to do anything about slavery and the native peoples. It wasn't that it wasn't discussed, it's just that some of the founders thought both topics too hot to do anything about less they fail to form a union over the ongoing controversy. Those topics were left to be debated another day. Along the way, there were other opportunities. Washington (Henry Knox, tried wonderfully but unsuccessfully under Washington to help the Native peoples), Jefferson and presidents till Lincoln all had chances to act, but in one way or another, left the debate to be settled in the future. We eventually erased most of native peoples by the sheer growth of a westward moving population and confronted the slavery issue with a bloody civil war. The effects of slavery did not end with the emancipation proclamation. They continued well into the civil rights movement of the latter half of the 20th century. That discussion is still ongoing. Whether people wish to recognize and join that conversation is another issue.

Today we have a candidate that is half black and half white. He embodies the ongoing argument of race. He may be the Lincoln of our time. History will tell us later if he is elected. Opportunities for change don't always present themselves neatly. It is often quoted that the right answer at the wrong time is still the wrong answer. But it is equally possible that ongoing dialogue about difficult subjects may be the best pressure valve to effect change in a positive direction so that issues of race, crime, poverty, health care, global climate change, war, peace, and pursuit of happiness don't erupt into a wider more entrenched conflict. Let the conversation continue.

Mediation and Walden Pond

I spent Thursday and Friday mediating E. coli cases involving Wendys and its supplier. About 35 attorneys, company representatives and 6 layers of insurance showed up in a confined area in Federal Court for the District of Utah. We settled three of the cases and still have two remaining. For our clients that are irreparably injured, it is by far the worst thing they have ever endured. For the insurance companies, producers and retailers of the tainted product, it seems to be more of a business decision. However, I did see in the face of one senior executive real concern for our clients. He appears to have what I call humanity.

Henry David Thoreau was a 27-year-old former schoolteacher when he went to live at Walden Pond in the summer of 1845. His friend Ralph Waldo Emerson, who had recently purchased 14 wooded acres of on the northwestern shore of Walden Pond, agreed to let the young writer conduct his "experiment in simplicity" there. Henry built a small cabin next to the large pond and spent a couple of years thinking about what was important. He sought balance. I suspect he took many deep breaths and listened to the silence.

Being in a place where there are over 35 lawyers trying to make a good decision is not a Walden experience. It is however, a necessary step to help seriously injured people. I suspect Thoreau spent a few stormy nights in his small one-room cabin. It allowed him to appreciate the open expanse of thought and the promise of renewal. Although I am disappointed not all of our cases settled, I am hopeful that as the main decision makers have now had time to step outside the small spaces that they occupied last week, they now have an opportunity to find perspective and return with a new expanse of thought to settle the storm that has occurred in the lives of our clients.

Aunt Jemina?

Limited Number of Aunt Jemima Pancake & Waffle Mix Products Recalled for Possible Health Risk. These products are sold in Utah.

FOR IMMEDIATE RELEASE -- March 4, 2008 – The Quaker Oats Co. announced the products in the recall are a small quantity of Aunt Jemima Pancake & Waffle Mix: Original, Original Complete and Buttermilk Complete, which may have potential salmonella contamination. No other Aunt Jemima, frozen Aunt Jemima or Quaker products are affected.

The products, sold in 2 pound and 5 pound boxes with Best Before dates of FEB 08 09 H through FEB 16 09 H stamped on the top, contain the following UPC codes:

30000 43272: Aunt Jemima Buttermilk Complete, 5 lb.
30000 05040: Aunt Jemima Original, 2 lb.
30000 05070: Aunt Jemima Original Complete, 2 lb.
30000 05300: Aunt Jemima Buttermilk Complete, 2 lb.
Salmonella is a food borne illness that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with salmonella often experience fever, diarrhea, nausea, vomiting and abdominal pain.

No illnesses have been reported in connection with this issue to date. There is very low risk of illness when preparation directions on box are followed and product is not consumed raw or undercooked. Salmonella bacteria is killed at a temperature of 160° F.

If consumers have this product with the indicated UPC codes and Best Before dates, they should return it to the place of purchase for a full refund. Consumers with questions may contact the company by calling the toll-free hotline at 1-800-407-2247 or by logging onto www.auntjemima.com.

Quaker is in the process of recovering the product involved. Quaker knows specifically to which customer warehouses the product was shipped. Approximately 98% of the product is within Quaker's control. The 2% of product which is outside of Quaker's control was shipped to a limited number of retail and mass merchandiser stores (no direct distribution to West Coast). Of that small quantity, the vast majority likely has not been placed on store shelves. Product was shipped to 17 states including Texas, Georgia, Alabama, South Carolina, North Carolina, Illinois, Florida, Missouri, Minnesota, Colorado, Wisconsin, Ohio, New York, New Mexico, Kansas and Utah.

What Stays in Vegas May Not Stay in Vegas-More on the Hepatitis C Outbreak

Now there is a report that the hepatitis C outbreak in Las Vegas may just be the proverbial "tip of the iceberg." So the question remains. What were they thinking? Trying to save a buck at the expense of public safety? Here's the latest from AP:

Clinic Hepatitis Case May Not Be Unique
By ERICA WERNER,
AP
Posted: 2008-03-04 12:04:44

WASHINGTON (March 3) - An outbreak of hepatitis C at a clinic in the Western state of Nevada might represent "the tip of an iceberg" of safety problems at clinics around the country, says the head of the Centers for Disease Control and Prevention.
The city of Las Vegas shut down the Endoscopy Center of Southern Nevada last Friday after state health officials determined that six patients had contracted hepatitis C because of unsafe practices including clinic staff reusing syringes and vials. Nevada health officials are trying to contact about 40,000 patients who received anesthesia by injection at the clinic between March 2004 and Jan. 11 to urge them to be tested for hepatitis C, hepatitis B and HIV.

In Washington, Senate Majority Leader Harry Reid, met Monday with CDC director Dr. Julie Gerberding, and the Democratic leader shared a media conference call with her after their meeting. Both strongly condemned practices at the clinic.

Health care accreditors "would consider this a patient safety error that falls into the category of a `never event,' meaning this should never happen in contemporary health care organizations," said Gerberding.

"This is the largest number of patients that have ever been contacted for a blood exposure in a health care setting. But unfortunately we have seen other large-scale situations where similar practices have led to patient exposures," Gerberding said.

"Our concern is that this could represent the tip of an iceberg, and we need to be much more aggressive about alerting clinicians about how improper this practice is," she said. At the same time, she said, inspectors also should continue "to invest in our ability to detect these needles in a haystack at the state level, so we recognize when there has been a bad practice and patients can be alerted and tested."

Reid said he would work with Gerberding to try to get the CDC more resources in an emergency spending bill Congress is to take up in April.

State health officials said they were unsure how many of the 40,000 patients they had been able to contact since making the risk public last Wednesday. At least initially they did not have correct addresses for 1,400, officials said.

The clinic's head, Dr. Dipak Desai, bought space in the newspaper the Las Vegas Review-Journal on Sunday in which he expressed "my deepest sympathy to all our patients and their families for the fear and uncertainty that naturally arises from this situation."

Desai offered no apology but said a foundation was being set up to cover testing costs. He also defended practices at his clinic, which performs colonoscopies.

"The evidence does not support that syringes or needles were ever reused from patient to patient at the center," Desai wrote.

A spokeswoman, Nancy Katz, declined Monday to comment further.

The Clark County district attorney is investigating, as are various health agencies, including the Nevada State Board of Nursing. Several lawsuits already have been filed and a hearing is scheduled Thursday before a Nevada legislative committee.

It may never be known how many people contracted hepatitis C because of unsafe practices at the endoscopy center, state health officials said. Brian Labus, head epidemiologist of the Southern Nevada Health District, said that because 4 percent of the population has hepatitis C, he expects to get numerous positive results after the at-risk clinic patients are tested and it may be impossible to determine which of those were infected at the clinic.

Of the six cases that health officials traced to the clinic, five happened on the same day and genetic testing was used to make the connection, Labus said.

Hepatitis C can cause fatal liver disease as well jaundice and fatigue, but 80 percent of people infected show no symptoms. Hepatitis B is a more rare and serious disease that attacks the liver.

Costco Recall of Frozen Chicken Entrees in Utah, Alaska, Idaho, Montana, Oregon and Washington.

Costco today recalled frozen chicken entrées due to possible Listeria contamination
According to the USDA the health risk is high.
Costco is voluntarily recalling approximately 10,368 pounds of frozen chicken Entrées that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today.

The following product is subject to recall:
* Four-pack of 12-ounce packages of "Discover Cuisine Red Curry Chicken & Jasmine Rice." Each package bears the Canadian establishment number "Est. 302" inside the Canadian Food Inspection Agency mark of inspection as well as a "Best By" date of "12 18 08." The item number "2880" also appears by the UPC code on the package.
The frozen chicken entrees were produced on Oct. 18, 2007, and were sent to retail establishments in Alaska, Idaho, Montana, Oregon, Utah and Washington.

The problem was discovered through food safety inspections by microbiological sampling. There are currently no reports of illnesses associated with consumption of this product.

Consumption of food contaminated with Listeria monocytogenes can cause listeriosis, an uncommon but potentially fatal disease. Healthy people rarely contract listeriosis. However, listeriosis can cause high fever, severe headache, neck stiffness and nausea. Listeriosis can also cause miscarriages and stillbirths, as well as serious and sometimes fatal infections in those with weakened immune systems, such as infants, the elderly and persons with HIV infection or undergoing chemotherapy.

Media with questions about the recall should contact Inovata Foods Chief Operating Officer Bob McColl, at (780) 454-8665. Consumers with questions about the recall should contact the Costco Call Center at (800) 774-2678.

Consumers with food safety questions can "Ask Karen," the FSIS virtual representative available 24 hours a day at AskKaren.gov. The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in English and Spanish and can be reached from l0 a.m. to 4 p.m. (Eastern Time) Monday through Friday. Recorded food safety messages are available 24 hours a day.


Recommendations For People At Risk For Listeriosis

Wash hands with warm, soapy water before and after handling raw meat and poultry for at least 20 seconds. Wash cutting boards, dishes and utensils with hot, soapy water. Immediately clean spills.

Keep raw meat, fish and poultry away from other food that will not be cooked. Use separate cutting boards for raw meat, poultry and egg products and cooked foods.

Do not eat hot dogs, luncheon meats, bologna or other deli meats unless reheated until steaming hot.

Do not eat refrigerated pâté, meat spreads from a meat counter or smoked seafood found in the refrigerated section of the store. Foods that don't need refrigeration, like canned tuna and canned salmon, are safe to eat. Refrigerate after opening.

Do not drink raw (unpasteurized) milk and do not eat foods that have unpasteurized milk in them.

Do not eat salads made in the store such as ham salad, chicken salad, egg salad, tuna salad or seafood salad.

Do not eat soft cheeses such as Feta, queso blanco, queso fresco, Brie, Camembert cheeses, blue-veined cheeses and Panela unless it is labeled as made with pasteurized milk.

Use precooked or ready-to-eat food as soon as you can. Listeria can grow in the refrigerator. The refrigerator should be 40 °F or lower and the freezer 0 °F or lower. Use an appliance thermometer to check the temperature of your refrigerator.