Showing posts with label E. coli. Show all posts
Showing posts with label E. coli. Show all posts

Thursday, June 25, 2009

Beef Recall Due to E. Coli


HEALTH RISK: HIGH

JBS Swift Beef Company, a Greeley, Colo., establishment is recalling approximately 41,280 pounds of beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today.

The products subject to recall include:

Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "21852."
Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "21853."
Boxes of "Swift, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "31852."
Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "31853."
Boxes of "Swift, USDA SELECT, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "33852."
Boxes of "USDA SELECT, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "33853."
Boxes of "BLACK ANGUS, Swift Premium, BEEF, USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "41853."
Boxes of "BLACK ANGUS, Swift Premium, BEEF, USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "41853."
Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, an identifying package date of "042109" and a case code of "79852."
Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, an identifying package date of "042109" and a case code of "79853."
Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "90853."

These beef products were produced on April 21 and 22, 2009, and were shipped to distributors and retail establishments in Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin.

The problem was discovered through FSIS microbiological sampling and an investigation into the distribution of other products.

E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible to foodborne illness. Individuals concerned about an illness should contact a physician.

Monday, May 19, 2008

USDA OFFERS FOOD SAFETY TIPS FOR A SUCCESSFUL SUMMER GRILLING SEASON


The days are getting longer, the weather is getting warmer and Memorial Day is fast approaching – all signs that the summer grilling season is nearly upon us. As you make plans to kick off the summer grilling season at your Memorial Day barbecue this year, USDA reminds you that safe food handling skills are the key to making your cookout a big hit with your guests.

“When you’re enjoying a cookout with friends and family, the last thing you want to do is make them sick,” said Under Secretary for Food Safety Dr. Richard Raymond. “Before you even fire up the grill, you need to be aware of safe grilling and food preparation practices that will make sure your guests enjoy a tasty and safe meal.”

Whether you’re hosting a neighborhood barbecue or cooking for a few friends and family members, the USDA’s Meat and Poultry Hotline offers four easy steps to help you Be Food Safe and reduce the threat of foodborne illness:
Clean: First things first – make sure you start with clean surfaces and clean hands. Be sure that you and your guests wash your hands before preparing or handling food. Hands should be washed with soap and warm water for 20 seconds before and after handling food. Equally important are the surfaces that come in contact with raw and cooked foods – make sure they are clean before you start and are washed frequently.

Separate: Raw meats and poultry should be prepared separately from veggies and cooked foods. When you chop meats and veggies, be sure to use separate cutting boards. Juices from raw meats can contain harmful bacteria that could cross-contaminate raw veggies and already cooked foods.

Cook: Masters of the grill are no match for foodborne illness, so it’s important to have all the right tools. Your food thermometer is the most important tool that will tell you if your food is thoroughly cooked, as color is not a reliable indicator of doneness.

Meat and poultry cooked on a grill often brown quickly and may appear done on the outside, but still may not have reached a safe minimum internal temperature to kill any harmful bacteria. Steaks, roasts and chops should be cooked to 145 °F. Hamburgers should reach 160 °F. All poultry should reach a minimum of 165 °F. Fish should be cooked to 145 °F. Fully cooked meats like hot dogs should be grilled to 165 °F or until steaming hot.

As you take the cooked meats off the grill, be sure to place them on a clean plate or platter, NOT on the unwashed dish that held them when they were raw. The juices left on the plate from the raw meats can cross-contaminate cooked foods.

If you prefer to prepare meats using a smoker, the temperature in the smoker should be maintained between
225 °F and 300 °F for safety. Be sure to use your food thermometer to be certain the food has reached a safe minimum internal temperature.

Chill: Keeping food at a safe temperature is always a major concern at picnics and cookouts. Too often, food is prepared and left to sit out while guests munch over the course of several hours. However, bacteria can start to grow on perishable food that has been sitting out too long.

It’s important to keep hot food hot and cold food cold. Hot food can be kept safe at 140 °F or above in chafing dishes, slow cookers or warming trays, and cold food can be kept chilled at 40 °F or below with ice packs or ice sources underneath.

Perishable food should never sit out for more than two hours. And if the temperature is above 90 °F – which can be common at summer picnics – perishable foods shouldn't sit out more than one hour. Refrigerate or freeze leftovers promptly and discard any food that has sat out too long.

One of the best resources available before you plan a summer cookout is USDA’s virtual representative, “Ask Karen,” a feature that allows you to ask food safety-related questions 24 hours a day. Visit “Ask Karen” at AskKaren.gov. Food safety coaches are available by phone at the USDA’s Meat and Poultry Hotline at 1-888-MPHotline (1-888-674-6854). Recorded messages are available 24 hours a day and the Hotline is staffed with food safety experts, Monday through Friday from 10 a.m. to 4 p.m. Eastern Time.

Tuesday, May 6, 2008

Wendy's Needs to Jump


Writing occurs when it's ready. I went rather spontaneously to Zion National Park in Southern Utah last weekend to get away from the mundane. Zion Park is magical as is the small town at its entrance, Springdale. With a bit of hiking and effort you find yourself in the middle of beautiful nowhere. Sure, you will pass the varied Europeans along the way (first French, then German, then English) but eventually you will find yourself with just the elements, wind, water and earth. Standing within the great expanse and vista you find inner peace, balance and perspective. Every step takes you closer to the openness you are searching for. People, places, senses, become more acute and take on a more magical meaning.

Fast forward two days to May 6, 2008. We sued Wendys--again--in Federal Court in Salt Lake City. We have in good faith attempted the last several months to resolve two tragic cases of E.coli poisoning without litigation. We've been to mediation twice with no resolution on these two cases.

As you might recall, from my earlier blog and outside news reports, in the summer of 2006, public health officials in Weber County, Utah, became aware of several people who attended a teachers’ conference luncheon that had contracted E. coli O121:H19. The case for all purposes is a slam dunk. So why would Wendys choose to drag this out you may ask? They have the money to settle. They have individuals within it's organization that mean well. They have insurance. They have suppliers who have insurance. So why so long? In the long run, whether everyone involved pays x or x plus three won't amount to anything as far as they are concerned. They can sell more, make more, choose more, have more, create more, more, more, more, more. It's an institution with deep roots that spread. Unfortunately, institutions don't make decisions, people do. One person. Once that person makes up his mind, it will be over. Literally. Maybe not immediately, but it will be the domino that starts the process. Here's the formula, it's rather simple: Have the thought, say it, take the action and don't look back. Jump into the flow of the river that is carving a beautiful landscape. It's easier, smoother and you might just enjoy the ride of what you are creating. Our clients would appreciate it as well.

Wednesday, March 19, 2008

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.

Monday, March 10, 2008

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.

Sunday, February 17, 2008

Nationwide Recall of Beef being Fed to Our Children


The USDA has ordered the Nation's Largest Beef Recall. Based on what I'm reading and hearing don't be surprised if the Fed's don't bring additional criminal charges against the company Westland/Hallmark. If they don't, they're not doing there job. People should be outraged. Is it not outrageous that food not fit for human consumption is being fed to our children at school? What group of money focused idiots thought this would be a good idea and would go unnoticed? It also clearly calls into question what our government is doing about inspection. Obviously the inspection program at the USDA is soundly asleep at the wheel while our kids are eating beef from sick "downer" cattle. Yet another reason to write your member of congress and tell them to stop hearings that are a waste of time (see blog on Clemens below) and do something for our nations food supply.

Here's the story:

AP Greg Risling
Posted: 2008-02-17 22:31:57

LOS ANGELES (Feb. 17) - The U.S. Department of Agriculture on Sunday ordered the recall of 143 million pounds of frozen beef from a California slaughterhouse, the subject of an animal-abuse investigation, that provided meat to school lunch programs.

In what officials said was the largest beef recall in U.S. history, the Department of Agriculture on Sunday ordered the recall of 143 million pounds of frozen beef from a California slaughterhouse that provided meat to school lunch programs. The recall will affect beef products that came from the Westland/Hallmark Meat Co.
Officials said it was the largest beef recall in the United States, surpassing a 1999 ban of 35 million pounds of ready-to-eat meats. No illnesses have been linked to the newly recalled meat, and officials said the health threat was likely small.

The recall will affect beef products dating to Feb. 1, 2006, that came from Chino-based Westland/Hallmark Meat Co., the federal agency said.

Secretary of Agriculture Ed Schafer said his department has evidence that Westland did not routinely contact its veterinarian when cattle became non-ambulatory after passing inspection, violating health regulations.

"Because the cattle did not receive complete and proper inspection, Food Safety and Inspection Service has determined them to be unfit for human food and the company is conducting a recall," Schafer said in a statement.

A phone message left for Westland president Steve Mendell was not immediately returned.

Federal officials suspended operations at Westland/Hallmark after an undercover Humane Society video surfaced showing crippled and sick animals being shoved with forklifts.

Two former employees were charged Friday. Five felony counts of animal cruelty and three misdemeanors were filed against a pen manager. Three misdemeanor counts — illegal movement of a non-ambulatory animal — were filed against an employee who worked under that manager. Both were fired.

Authorities said the video showed workers kicking, shocking and otherwise abusing "downer" animals that were apparently too sick or injured to walk into the slaughterhouse. Some animals had water forced down their throats, San Bernardino County prosecutor Michael Ramos said.

No charges have been filed against Westland, but an investigation by federal authorities continues.

Officials estimate that about 37 million pounds of the recalled beef went to school programs, but they believe most of the meat probably has already been eaten.

"We don't know how much product is out there right now. We don't think there is a health hazard, but we do have to take this action," said Dr. Dick Raymond, USDA Undersecretary for Food Safety.

Most of the beef was sent to distribution centers in bulk packages. The USDA said it will work with distributors to determine how much meat remains.

Federal regulations call for keeping downed cattle out of the food supply because they may pose a higher risk of contamination from E. coli, salmonella or mad cow disease because they typically wallow in feces and their immune systems are often weak.

About 150 school districts around the nation have stopped using ground beef from Hallmark Meat Packing Co., which is associated with Westland. Two fast-food chains, Jack-In-the-Box and In-N-Out, said they would not use beef from Westland/Hallmark.

Jack in the Box, a San Diego-based company with restaurants in 18 states, told its meat suppliers not to use Hallmark until further notice, but it was unclear whether it had used any Hallmark meat. In-N-Out, an Irvine-based chain, also halted use of the Westland/Hallmark beef. Other chains such as McDonald's and Burger King said they do not buy beef from Westland.

Raymond countered a claim leveled by Humane Society President and CEO Wayne Pacelle, who said a USDA inspector was at the Westland plant for about two hours each day. USDA inspectors are there at slaughterhouses "continuously," Raymond said.

Federal lawmakers on Thursday had called for the Government Accountability Office to investigate the safety of meat in the National School Lunch Program.

Upon learning about the recall, some legislators criticized the USDA, saying the federal agency should conduct more thorough inspections to ensure tainted beef doesn't get to the public.

"Today marks the largest beef recall in U.S. history, and it involves the national school lunch program and other federal food and nutrition programs," said U.S. Sen. Tom Harkin, chairman of the Chairman of the Senate Committee on Agriculture, Nutrition and Forestry. "This begs the question: how much longer will we continue to test our luck with weak enforcement of federal food safety regulations?"

Advocacy groups also weighed in, noting the problems at Westland wouldn't have been revealed had it not been for animal right activists.

"On the one hand, I'm glad that the recall is taking place. On the other, it's somewhat disturbing, given that obviously much of this food has already been eaten," said Jean Halloran, director of food policy initiatives at Consumers Union. "It's really closing the barn door after the cows left."

Associated Press writer Jacob Adelman contributed to this report.

Wednesday, February 6, 2008

Get to Know E. coli


This is a post from an informative article found at The Centers for Disease Control and Prevention or CDC on E. coli O157:H7. It is printed in its entirety.

Escherichia coli O157:H7 is a leading cause of foodborne illness. Based on a 1999 estimate, 73,000 cases of infection and 61 deaths occur in the United States each year. In the ten CDC Foodborne Diseases Active Surveillance Network (FoodNet) sites (which represent 15% of the US population), there was a 29% decline in E. coli O157:H7 infection since 1996-98 (see FoodNet Reports).

Infection with E. coli often leads to bloody diarrhea, and occasionally to kidney failure. People can become infected with E.coli O157:H7 in a variety of ways. Though most illness has been associated with eating undercooked, contaminated ground beef, people have also become ill from eating contaminated bean sprouts or fresh leafy vegetables such as lettuce and spinach. Person-to-person contact in families and child care centers is also a known mode of transmission. In addition, infection can occur after drinking raw milk and after swimming in or drinking sewage-contaminated water.

Consumers can prevent E. coli O157:H7 infection by thoroughly cooking ground beef, avoiding unpasteurized milk, and by washing hands carefully before preparing or eating food. Fruits and vegetables should be washed well, but washing may not remove all contamination. Public service announcements on television, radio, or in the newspapers will advise you which foods to avoid in the event of an outbreak.

Because the organism lives in the intestines of healthy cattle, preventive measures on cattle farms, during meat processing, and during the growth, harvest and processing of produce are being investigated.

What is Escherichia coli O157:H7?

E. coli O157:H7 is one of hundreds of strains of the bacterium Escherichia coli. Although most strains are harmless, this strain produces a powerful toxin that can cause severe illness. E. coli O157:H7 has been found in the intestines of healthy cattle, deer, goats, and sheep.

E. coli O157:H7 was first recognized as a cause of illness in 1982 during an outbreak of severe bloody diarrhea; the outbreak was traced to contaminated hamburgers. Since then, more infections in the United States have been caused by eating undercooked ground beef than by any other food.

The combination of letters and numbers in the name of the bacterium refers to the specific markers found on its surface and distinguishes it from other types of E. coli.

How is E. coli O157:H7 spread?

The organism can be found on most cattle farms, and it is commonly found in petting zoos and can live in the intestines of healthy cattle, deer, goats, and sheep. Meat can become contaminated during slaughter, and organisms can be accidentally mixed into meat when it is ground. Bacteria present on the cow's udders or on equipment may get into raw milk. In a petting zoo, E.coli O157:H7 can contaminate the ground, railings, feed bins, and fur of the animals.

Eating meat, especially ground beef, that has not been cooked sufficiently to kill E. coli O157:H7 can cause infection. Contaminated meat looks and smells normal. The number of organisms required to cause disease is very small.

Among other known sources of infection are consumption of sprouts, lettuce, spinach, salami, unpasteurized milk and juice, and by swimming in or drinking sewage-contaminated water.

Bacteria in loose stool of infected persons can be passed from one person to another if hygiene or hand washing habits are inadequate. This is particularly likely among toddlers who are not toilet trained. Family members and playmates of these children are at high risk of becoming infected.

Young children typically shed the organism in their feces for a week or two after their illness resolves. Older children and adults rarely carry the organism without symptoms.

What illness does E. coli O157:H7 cause?

People generally become ill from E. coli O157:H7 two to eight days (average of 3-4) after being exposed to the bacteria. Escherichia coli O157:H7 infection often causes severe bloody diarrhea and abdominal cramps. Sometimes the infection causes non-bloody diarrhea or no symptoms. Usually little or no fever is present, and the illness resolves in 5 to 10 days.

In some persons, particularly children under 5 years of age and the elderly, the infection can also cause a complication called hemolytic uremic syndrome (HUS), in which the red blood cells are destroyed and the kidneys fail. About 8% of persons whose diarrheal illness is severe enough that they seek medical care develop this complication. In the United States, HUS is the principal cause of acute kidney failure in children, and most cases of HUS are caused by E. coli O157:H7.


How is E. coli O157:H7 infection diagnosed?

Infection with E. coli O157:H7 is diagnosed by detecting the bacterium in the stool. About one-third of laboratories that culture stool still do not test for E. coli O157:H7, so it is important to request that the stool specimen be tested on sorbitol-MacConkey (SMAC) agar for this organism. All persons who suddenly have diarrhea with blood should get their stool tested for E. coli O157:H7.

How is the illness treated?

Most people recover without antibiotics or other specific treatment within 5 to 10 days. Antibiotics should not be used to treat this infection. There is no evidence that antibiotics improve the course of disease, and it is thought that treatment with some antibiotics could lead to kidney complications. Antidiarrheal agents, such as loperamide (Imodium®), should also be avoided.

In some people, E. coli O157:H7 infection can cause a complication called hemolytic uremic syndrome (HUS), a life-threatening condition that is usually treated in an intensive care unit. Blood transfusions and kidney dialysis are often required. With intensive care, the death rate for hemolytic uremic syndrome is 3%-5%.

What are the long-term consequences of infection?

Persons who only have diarrhea usually recover completely.

A small proportion of persons with hemolytic uremic syndrome (HUS) have immediate complications with lifelong implications, such as blindness, paralysis, persistent kidney failure, and the effects of having part of their bowel removed. Many persons with hemolytic uremic syndrome have mild abnormalities in kidney function many years later.

What can be done to prevent the infection?

Cattle are the principal source of E. coli O157 infection; they carry E. coli O157 in their intestines. Changes in the preparation of animals for slaughter and in slaughter and processing methods could decrease the contamination of carcasses with E. coli O157 and the subsequent contamination of meat. Testing ground beef for E. coli O157 and withholding it from the market until the test is negative, as many meat producers began doing in 2002, is probably partly responsible for the subsequent decrease in illnesses.

Cattle manure is an important source of E. coli O157. Manure can contaminate the environment, including streams that flow through produce fields and are used for irrigation, pesticide application, or washing. Collaborative efforts are needed to decrease environmental contamination and improve the safety of produce.

What can you do to prevent E. coli O157:H7 infection?

Cook all ground beef and hamburger thoroughly. Because ground beef can turn brown before disease-causing bacteria are killed, use a digital instant-read meat thermometer to ensure thorough cooking. Ground beef should be cooked until a thermometer inserted into several parts of the patty, including the thickest part, reads at least 160º F. Persons who cook ground beef without using a thermometer can decrease their risk of illness by not eating ground beef patties that are still pink in the middle.

If you are served an undercooked hamburger or other ground beef product in a restaurant, send it back for further cooking. You may want to ask for a new bun and a clean plate, too.

Avoid spreading harmful bacteria in your kitchen. Keep raw meat separate from ready-to-eat foods. Wash hands, counters, and utensils with hot soapy water after they touch raw meat. Never place cooked hamburgers or ground beef on the unwashed plate that held raw patties. Wash meat thermometers in between tests of patties that require further cooking.

Drink only pasteurized milk, juice, or cider. Commercial juice with an extended shelf-life that is sold at room temperature (e.g. juice in cardboard boxes, vacuum sealed juice in glass containers) has been pasteurized, although this is generally not indicated on the label. Juice concentrates are also heated sufficiently to kill pathogens.

Wash fruits and vegetables under running water, especially those that will not be cooked. Be aware that bacteria are sticky, so even thorough washing may not remove all contamination. Remove the outer leaves of leafy vegetables. Children under 5 years of age, immunocompromised persons, and the elderly should avoid eating alfalfa sprouts until their safety can be assured. Persons at high risk of complications from foodborne illness may choose to consume cooked vegetables and peeled fruits.

Drink municipal water that has been treated with chlorine or another effective disinfectant.

Avoid swallowing lake or pool water while swimming. (For more information, see the CDC Healthy Swimming website.)

Make sure that persons with diarrhea, especially children, wash their hands carefully with soap after bowel movements to reduce the risk of spreading infection, and that persons wash hands after changing soiled diapers. Anyone with a diarrheal illness should avoid swimming in public pools or lakes, sharing baths with others, and preparing food for others.

Tuesday, February 5, 2008

Omission is Commission

This is an open letter to the public-at-large. I hope this may help families particularly in Utah and other Western States like Idaho, Wyoming, Colorado, Nevada, Arizona and New Mexico, where E. coli has been prevalent recently and has injured and even caused death.

E. coli has dramatic effects and unfortunately, it appears to be again on the rise after a downward trend. I have been involved with E.coli cases involving Dole, Wendy's, and other companies serving hamburger, spinach and lettuce. It's impact is devastating. Some may read this and believe that I'm just an attorney out to make a buck. While it is true this is what I do for a living and I do make money suing companies that harm my client's, making money for myself and my client's is not why I do it. I do it to help stop the spread of this leading cause of foodborne illness. Companies will change when their pocketbooks are hurt and they start to see the faces and families that they hurt. Their insurers will do likewise.

I live in the conservative State of Utah. Many residents of the West are conservative, strong willed and independent, all great qualities. I commonly am confronted with the notion that suing is inherently evil or immoral. Some have even suggested that the loss of life or permanent damage caused by an illness like E. coli, is even God's will and that the best thing to do, is move on and not involve themselves in a lawsuit. I truly try to appreciate and respect all points of points of view and certainly being non-litigious is a valid point of view. I have even written about using litigation as a last resort. I feel for families confronted with such great loss and their willingness to forgive. But there is a difference between forgiving and forgetting. You don't have to hate a company to pressure it to change. On the other hand, just forgetting about it, in my opinion, is wrong.

Unfortunately, the real world is not fair. The star money players in agri-business don't even play in the same arena as you and I. They are surrounded with legal armor and quite frankly, don't want you to show up, they'd just rather focus on market share and making money. When something that can literally kill is allowed to continue because agri-business has not cleaned up it's act, it is not fair. But doing nothing and allowing it to happen becomes part of the problem. If you don't want to make money after you or a family member has gone through the suffering of E. coli and perhaps HUS, donate the money you will potentially receive to a hospital, to a charity that helps survivors, or create a scholarship fund for a deserving medical student. In other words, do something good! Doing nothing is not acceptable. What we have been waiting for is you. Be the difference. Confronting the producers and sellers of E. coli tainted food is the right thing to do, not only for you, but others that need your example of doing. That's why, I would argue in great measure, that we saw a downward trend in the 1990's. Clients and their attorneys such as the pioneering law firm Marler Clark were and still are taking it to the businesses that cause the problem. Agri-business started to clean up their act. They started to get the message. Rational inaction will not win this fight. We need you. If you were hurt by E. coli, don't let it continue to hurt by doing nothing.

Thursday, January 24, 2008

Some of What I do

When I mentioned I was knee deep in e-coli, this is an article from the Deseret News that explains why:

Originally posted on August 13, 2006

'Probable source' is iceberg lettuce at N. Ogden eatery
By Lois M. CollinsDeseret Morning News
Wendy's restaurant chain is being sued by a Weber County family after the Weber-Morgan Health Department identified a North Ogden Wendy's as the probable link in four confirmed E. coli infections in June.
Seattle law firm Marler Clark and Salt Lake attorney Todd Gardner filed the lawsuit Friday in Weber County District Court on behalf of William and J. Corey Cohron and their two sons.
According to William Marler, the complaint seeks "compensation for the family's significant medical-related expenses, economic losses, pain and suffering and emotional distress."
On Aug. 7 the Weber Morgan Health Department said that four people had contracted E. coli, three of them developing the more severe hemolytic uremic syndrome (HUS). Health officials said the "probable source" was iceberg lettuce served between June 27 and June 30 by the Wendy's restaurant at 2500 N. 400 East in North Ogden. One of the four cases was determined to be a secondary transmission from someone who reported being infected during a conference in which two of the confirmed cases may have gotten the infection. The Wendy's restaurant was a caterer for the conference.The complaint filed by Marler Clark says that Corey Cohron ate a Wendy's salad at the conference and later became ill with symptoms of E. coli infection, including diarrhea. Other family members subsequently developed symptoms as well, most of them not requiring medical treatment. But Wil Cohron, 7, suffered severe infection and was taken to an emergency room July 12. He was in the hospital for two days. He later was rehospitalized and tested positive for E. coli.Three of the four confirmed cases developed HUS, according to Weber-Morgan health officials.No spokesman for Wendy's corporate office returned calls from the Deseret Morning News Friday and Wendy's attorney was not available to comment.E-mail: lois@desnews.com

Here's a CNN article as well: http://money.cnn.com/2006/09/22/news/spinach/index.htm