Personal Injury Law

Alamosa County Salmonella Outbreak Now 74 People

Posted on March 19, 2008
Matt Hildner of the Pueblo Chieftain reported that Alamosa County health officials are investigating an outbreak of salmonella that's led to the hospitalization of four people and may have infected up to 74 people.  In addition to the 18 cases that have been confirmed through laboratory testing, Geiser said the county is also investigating 56 cases with symptoms of the illness although they have yet to be laboratory confirmed...

At Least 56 Salmonella Illnesses Reported in Alamosa Colorado

Posted on March 19, 2008
Hew Hallock reports this morning that – “Search goes on for source of Salmonella.”  So far the source of the outbreak - most likely a common source given the number of ill people - has not been announced.  “As of Tuesday, March 18, 2008 we still have 18 confirmed cases and now have 56 cases that meet the clinical definition for salmonella infection,” said Julie Geiser, director of the Alamosa County Nursing Service...

"It's the water - and a lot more." Salmonella Outbreak Tied to Alamosa City Water.

Posted on March 19, 2008
OK, that is the Olympia Beer slogan from the State of Washington.  But, clearly, Alamosa has "a lot more" in its water than its residents bargained for. Today, Colorado State Health officials announced an outbreak of Salmonella contaminated drinking water and put residents of Alamosa under a bottled water advisory...

Listeria in the News

Posted on March 16, 2008
Listeria monocytogenes (Listeria) is a foodborne disease-causing bacteria; the disease is called listeriosis. Listeria can invade the body through a normal and intact gastrointestinal tract. Once in the body, Listeria can travel through the blood stream but the bacteria are often found inside cells...

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More Money For Food Safety?

Posted on March 16, 2008
An amendment to the Senate's 2009 budget resolution, which passed Friday, has implications for food safety. Sen. Chuck Grassley (R., Iowa) and teamed up with Sens. Bob Casey (D., Pa.), Dick Durbin (D., Ill.) and Sherrod Brown (D., Ohio) to create a "reserve fund" to allow for legislation that enhances the protection and safety of the nation's food supply...

House Oversight and Government Reform Committee Finds Fault at Spinach Plants

Posted on March 15, 2008
Yesterday Congress Members Waxman and DeLauro released a report chastising both the FDA and industry for allowing over 20 E. coli outbreaks tied to leafy green vegetables. These failures the committee concluded lead to the 2006 Dole/Natural Selection Food’s/Mission Organics Spinach E...

E. coli Lawsuit Filed against Rochester Meat Company in Wisconsin

Posted on March 14, 2008
The Associated Press reported last night that, “Wisconsin family sues Minnesota meat company over E. coli.”  That meat company is Rochester Meat Co. of Rochester, Minnesota that in January issued a recall of nearly 200,000 pounds of beef over concerns it may have been contaminated with E...

King County Bar Association's 2008 Outstanding Lawyer Award

Posted on March 14, 2008
In the last four weeks I have been home in Seattle a total of about four days.  I have crossed the country several times testifying before the US House and the CA Senate about food safety, as well as talking to industry groups.  I have also been spending too much time with lawyers...

Westland/Hallmark Meat Executive Acknowledges Illegal Slaughter

Posted on March 12, 2008
Westland/Hallmark Meat Co. President Steve Mendell acknowledged Wednesday that cattle were illegally slaughtered at his plant and that cows too sick to stand were forced into the food supply. Westland/Hallmark Meat Co. President Steve Mendell made the admissions after a congressional panel forced him to watch undercover video of abuses of cattle at his plant...

Sekiya's Restaurant & Delicatessen Linked to E. coli Outbreak

Posted on March 11, 2008
According to the Honolulu Advertiser, Sekiya's Restaurant in Kaimuki has been cleared to resume operations after it dumped all its food and disinfected the restaurant from top to bottom following the worst outbreak of E. coli O157:H7 in the state's history...

One child is dead and five other people are sick after shiga toxin hits Bastrop, Lee and Fayette counties in Texas

Posted on March 11, 2008
Health officials have reported that five have been sickened and one died of apparent symptoms of foodborne shiga toxin. It is likely E. coli O157:H7 - a shiga toxin producing E. coli. Shiga toxin is one of the most potent toxins known to man, so much so that the Centers for Disease Control and Prevention (CDC) lists it as a potential bioterrorist agent (CDC, n...

Castleberry's Botulism Plant Forced To Shut Down

Posted on March 10, 2008
NBC Augusta broke the story this afternoon that the Food and Drug Administration has closed down an Augusta food plant. In a statement released to NBC Augusta Monday morning, Castleberry's Food Company says their temporary emergency operating permit has been suspended by the FDA...

Test the Westland/Hallmark Recalled Meat.

Posted on March 10, 2008
Once again, Stephen J. Hedges of the CHICAGO TRIBUNE is on top of the issues surrounding the slaughter of “downer” cows, and the risks (or not) to our food supply.  His article, “The Last Roundup” appeared in the BUFFALO NEWS yesterday morning...

It is still safer to eat is China - Really?

Posted on March 09, 2008
I was reading the Seattle Times today – “China: Food Poisoning Deaths Up in 2007.”  Seems like a big admission from the Chinese Government in the run-up to the Olympics.  In contrast in the US according to the CDC, “an estimated 76 million cases of foodborne disease occur each year in the United States...

Raw-milk Producer Fails to Meet Standards

Posted on March 08, 2008
Barbara Feder Ostrov of the Mercury News reported on Organic Pastures - Again: State agriculture officials have temporarily banned the sale of raw cream from the Organic Pastures dairy in Fresno, citing bacteria levels of up to 150 times the legal limit...

When the Elephants Dance

Posted on March 08, 2008
Jamie Hartford from QSR Magazine and I spoke over the last few days as I was mediating the Wendy’s 2006 E. coli O21:H19 outbreak in Salt Lake City, Utah. Although Jamie and I primarily talked about how restaurants can protect themselves from contaminated product received from suppliers, some of what we talked about is why Wendy’s and it’s suppliers were unable to take care of all (we did resolve three) of Wendy’s customers...

When is a Recall Not a Recall?

Posted on March 08, 2008
Stephen J. Hedges of the Chicago Tribune has written once again about the dysfunctional relationship between the meat industry, FSIS and consumers in his article this morning, “Meat recall alerts retailers, not consumers.” The largest meat recall in the nation's history was bound to reverberate through the food-manufacturing world...

Back to Salt Lake City

Posted on March 05, 2008
After spending a few days at the Argibusiness Executive Conference, I am off to Salt Lake City to a Court ordered mediation of cases stemming from the E. coli O121:H19 outbreak linked to an Ogden Wendy's.  I represent five of the victims.  Two cases were settled yesterday, so we will be mediating three - all HUS cases...

Chicken Recall Over Listeria

Posted on March 05, 2008
In what appears to be three separate recalls due to Listeria, several firms are recalling chicken products sent to several states. Gourmet Boutique LLC of Jamaica, N.Y., recalled 6,970 pounds of 12 meat and poultry products, which each bear the production code GBD 08058 on the package...

Aunt Jemima Pancake & Waffle Mix Products Recalled for Salmonella

Posted on March 05, 2008
The Quaker Oats Co. announced the products in the recall are 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 Raw Economics Driving the Use of Downers

Posted on March 04, 2008
This is the land of capitalism.  So, we all know that when it comes to using Downers, or non-ambulatory cows, there has to be that raw underbelly of profit or, perhaps more accurately, the illusion of profits.  Let’s examine if the use of downers makes good economic sense...

Should ALL "Downers" be banned from the food supply?

Posted on March 02, 2008
I am thinking about the reasons, ethically, medically and financially why we allow "downer" cattle into our food supply - at any level.  Over the next few days I will give you my thoughts.  Please feel free to weigh in.  To put things in context, The USDA suggested, and Westland/Hallmark issued, the largest beef recall in history (143 million pounds of meat and now recalls have been issued for retail food items containing traces of the banned beef) just a few weeks ago...

Murrieta family suing Organic Pastures and Sprouts in E. coli case

Posted on March 02, 2008
The first paragraph of the North County Times article says it all: “A Murrieta couple says it was raw milk tainted with a strain of E. coli that nearly killed their son. The owner of Organic Pastures Dairy in Fresno, where the raw milk came from, and the Sprouts store in Temecula, where the milk was purchased, each say there is no proof they are at fault...

Off to California Agribusiness Executive Seminar

Posted on March 02, 2008
I leave for Monterey in the morning to attend Tuesday's General Session – Food Safety.  The instructor is Roberta Cook who wrote a brilliant paper for the session.  I will be on the Panel Discussion with: Dr. Robert Brackett, Senior Vice President and Chief Science and Regulatory Officer, Grocery Manufacturers Association William Marler, Managing Partner in Marler Clark Joe Pezzini, Vice President of Operations, Ocean Mist Farms, and Chairman of the Board of Directors, California Leafy Greens Marketing Agreement Dr...

Retailer Recall in Motion and Inspectors being Shocked

Posted on March 01, 2008
Carrie Peyton Dahlberg of the Sacramento Bee and I spoke yesterday about the fallout of the nations largest meat recall. As she has said “from soup to jerky, the list of products made with recalled beef has been growing, and messages to consumers have gotten ever more confusing...

I may take a break from blogging for a day or so - no way

Posted on March 01, 2008
Taking a "break" from the testimony, food safety conferences and upcoming legal work in California and Utah, I took a great hike today to a "falls" outside of Phoenix in the desert.  Well, you should all be thankful that I am a far better lawyer that walker...

E. coli "Beast Feast" in Alabama Church

Posted on February 28, 2008
The Associated Press story caught my eye – “Several sick with E-Coli after "Beast Feast" at Mobile church.” Several people, including a 7-year-old boy, have been hospitalized when they became sick with E. coli after eating food at a cookout known as the "Beast Feast" at a Fairhope church...

Another Conference - at least it is in Arizona

Posted on February 28, 2008
I am at the Food-Borne Illness Litigation Conference being sponsored by the American Conference Institute.  So far the conference has been very informative.  Here is the description of the conference: 2007 was the year of the recall, with e-coli contamination increasing sharply in 2007 over the previous two years...

Another Day in the Other Washington

Posted on February 26, 2008
Well, I landed in Washington DC at about 2:00 AM this morning after testifying in Sacramento on Monday.  The hearing this morning in front of House Energy and Commerce went well.  I think if you poke around on the committee's website you can find the video of the hearing...

Senator Florez Investigates Nation's Largest Beef Recall

Posted on February 25, 2008
I was the first speaker today at Senator Dean Florez's hearing into the lapses that led to the largest beef recall our nation has ever experienced. My written testimony is here.  Reports this week indicate that more than 50 million of the 143 million pounds of beef recalled were distributed to schools across the nation through a federal nutrition program, and 20 million of those were consumed by students...

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