Personal Injury Law

What has Changed Since Upton Sinclair? A Contemporary View of Food Safety

Posted on May 31, 2010
The office is closed for Memorial Day, but I am here working on my speech (title above) to be given at the NEHA conference next week.  I am supposed to cover: What's behind the shiny abattoir walls of contemporary slaughterhouses? After all the regulation, safety protocols, worker initiatives, and animal rights action, we still have millions of pounds of beef recalled every year due to contamination with deadly pathogens like E...

CDC - non-O157 E. coli STECs (like O26, O45, 0103, O111, O121, and O145) cause 36,700 illnesses, 1,100 hospitalizations and 30 deaths in America each year

Posted on May 31, 2010
The CDC estimates that "non-O157 STECs (like O26, O45, 0103, O111, O121, and O145) cause 36,700 illnesses, 1,100 hospitalizations and 30 deaths in America each year." In speaking about the recent E. coli O145 outbreak linked to romaine lettuce, Patricia M...

Raw Milk, a potentially risky elixir

Posted on May 30, 2010
There seems to be no middle ground in the debate over raw milk. On the one side, you have farmers happy to sell a product for $10 to $18 a gallon, and consumers who believe that they are purchasing a product that is not only more healthful but will also cure everything from allergies to autism...

Non-O157 STECs (O26, O45, 0103, O111, O121, O145) cause 36,700 illnesses, 1,100 hospitalizations and 30 deaths in America each year

Posted on May 30, 2010
U.S. Senator Kirsten Gillibrand last week introduced new legislation to require the U.S. Department of Agriculture (USDA) to regulate the six currently unregulated strains of E. coli proven to cause food-borne illnesses. In addition to the most common form of E...

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Real Raw Milk Facts

Posted on May 30, 2010
With raw milk in the news nearly everyday, I thought supporting a website that offered unbiased facts on the pros and cons of consuming raw milk products would be useful in the raw milk debate. More than anything, I wanted to be able to have a place where parents could 'find out the answers to commonly asked questions about raw (unpasteurized, unprocessed) milk benefits, safety, and how risks from raw milk compare with other foods like pasteurized milk, fresh fruits and vegetables, and meat/poultry/fish...

The Tea Party, Socialists and Safe Food

Posted on May 29, 2010
I have decided this week that the 'Tea Party' movement is 'right' – business and government in the U.S.A. are 'a bunch of damn socialists' – at least they are when poisoning consumers and investigating outbreaks. First, full disclosure. When I am not channeling Rupert Murdoch in my role as publisher at Food Safety News, I play an ambulance chasing 'super lawyer...

Foodborne Illness Outbreak Database Nearing Completion

Posted on May 29, 2010
The Foodborne Illness Outbreak Database is up and running and we continue to add to it (frankly, hard to keep up with all the reported outbreaks and recalls) and improve it with your comments.  Thanks.

Clostridium Perfringens tainted Chicken Salad linked to 40 illness and three deaths at Central Louisiana State Hospital

Posted on May 29, 2010
David Dinsmore of the Town Talk of Alexandria and Pineville Louisiana continues to report on the tragedy surrounding an outbreak of illnesses that sickened more than 40 people and killed three patients at Central Louisiana State Hospital. Mr. Dinsmore reports that test results found the third most common cause of food poisoning -- clostridium perfringens -- was to blame for the outbreak at Central earlier this month, said Dr...

J.H. Caldwell and Sons Inc. Salmonella Newport Sprout Outbreak Update

Posted on May 28, 2010
The CDC reports a total of 28 individuals infected with a matching strain of Salmonella Newport have been reported from 10 states since March 1, 2010. The number of ill people identified in each state with this strain is as follows: AZ (2), CA (14), CO (1), ID (3), IL (1), MO (1), NM (1), NV (2), OR (1), and WI (2)...

Raw Milk E. coli O157:H7 Outbreak Strikes Minnesota. Seventh Outbreak in 2010

Posted on May 27, 2010
There have now been at least seven outbreaks of illness, involving three different dangerous pathogens, tied to raw milk since January 2010. There have been outbreaks in Minnesota, Nevada, Utah (2), New York and Pennsylvania, as well as a single outbreak that included illnesses in Michigan, Indiana, and Illinois...

organicgirl Produce recalls baby spinach due to Salmonella risk

Posted on May 27, 2010
(From a company press release) - organicgirl Produce is voluntarily recalling a limited number of cases of 10 oz organicgirl Baby Spinach with an expired Use-by Date of May 22 and Product Code 11A061167 because it has the potential to be contaminated with Salmonella...

Fighting for Food Safety: Bill Marler's Personal Quest

Posted on May 27, 2010
What can one lawyer do to change a food safety system that doesn't do much to keep people safe? If you're Bill Marler, spend over a half million dollars of your own money funding an independent study to try and make the USDA take action. Bill Marler is a name people in the food industry game know and, truth be told, may not love...

Senate Bill to deem all enterohemorrhagic (EHEC) Shiga toxin-producing serotypes of Escherichia coli (E. coli) Adulterants

Posted on May 27, 2010
A BILL to amend the Federal Meat Inspection Act to revise the definition of the term ‘‘adulterated'' to include contamination with E. coli.

And, You thought I would leave Raw Milk alone for a few hours? Jackie's Jersey Milk linked to E. coli Illnesses

Posted on May 27, 2010
I need to add two more bacterial outbreaks to my growing list of seven since January 2010.  This just landed in my inbox from the Washington State Department of Agriculture - E. coli update: new illnesses point out potential raw milk hazards - Patients say they drank milk from Whatcom County dairy Two recent infections with toxin-producing E...

My Blog Tends to Point out the Negative, But

Posted on May 26, 2010
Here is something positive - E. coli O157:H7 victim, Linda Rivera, walked 50 feet today.

Environmental Health Specialists - Food Safety and Liability

Posted on May 26, 2010
Had a great opportunity to speak to a group of folks on the front line of food safety - Environmental Health Inspectors.  What was most interesting was that there were several people in the audience who work for Seattle/King County Department of Health in 1993 during the Jack in the Box E...

Emily Grabowski, a student from Irondequoit, New York and the New York Times join in the non-E. coli O157:H7 Discussion

Posted on May 26, 2010
William Neuman's article 'In E. Coli Fight, Some Strains Are Largely Ignored,' went live a few moments ago. It will be interesting to see if this prompts a serious reassessment by our government of the real risks of non-O157:H7's.  Although Mr. Neuman's article will be read by a few more millions of people than our petition to the USDA to deem the 'big six' as adulterants, I think the petition is a good read - "Petition with the USDA/FSIS for an interpretive rule declaring all enterohemorrhagic Shiga toxin-producing serotypes of Escherichia coli (E...

Chico California Reports Salmonella Cases

Posted on May 26, 2010
Butte County Public Health Department has discovered additional Salmonella cases in an ongoing investigation which was prompted by numerous case reports of the food borne illness. 'More cases have been identified, and all of the cases are in Chico,' stated Mark Lundberg, M...

Typhoid Fever (Salmonella Typhi) Risk to Miami Chili's Patrons

Posted on May 26, 2010
The Miami-Dade Health Department said today that a cook at the Bayside Chili's restaurant has a confirmed case of a serious, contagious illness and likely prepared food with it for some time before it was finally diagnosed. The cook had gone to work with Typhoid fever for at least 10 days before going to the doctor...

Mercy for Animals undercover video nails Conklin Dairy Farm Abuse

Posted on May 26, 2010
Kudos to Mercy for Animals! According to the prosecutor in Marysville, Ohio, several employees at Conklin Dairy Farms were caught on camera attacking some of the 200 cattle raised for their milk. A spokesperson for the prosecutor said the main perpetrator has been arrested...

Gibbon, Minnesota Hartmann Dairy Farm linked to E. coli illnesses traced to raw milk

Posted on May 26, 2010
Minnesota State health officials have linked three cases of E. coli O157:H7 illness with raw milk from a dairy farm in Gibbon, Minn. The Minnesota Department of Health urges anyone who may have recently purchased milk from the Hartmann Dairy Farm, also known as M...

Food Safety in the Era of Transparency

Posted on May 25, 2010
Transparency – Really? In the last month the FDA has been investigating an E. coli O145 outbreak that has sickened some 30 people in Michigan (11 confirmed and 2 probable), New York (5 confirmed and 2 probable), Ohio (8 confirmed and 3 probable), Pennsylvania (1 confirmed), and Tennessee (1 confirmed)...

Just when you think the Internet is safe, someone sends you a video

Posted on May 25, 2010
We need to think through beef and milk production in this Country.  My friend, Erik Marcus at www.vegan.com sent me this video. I am not a vegetarian – yet.  Be careful this video is disturbing:

What has changed since Upton Sinclair?

Posted on May 25, 2010
I have been struggling with that question as I am preparing for my upcoming speech at NEHA in a few weeks. As most know, Upton Sinclair' 1906 novel, 'The Jungle,' was intended to expose the exploitation of the workers in the Chicago packing houses, but became a best seller because it exposed the underbelly of the turn-of-the-century beef industry...

Honored to Help in Memory of Abby

Posted on May 24, 2010
There are few cases that have impacted me more than Abby's.  We were honored to donate to set-up a scholarship in Abby's name: Helping on a scholarship in Abby's memory is one thing, getting our government to do something would be even better.  Perhaps this is a post they should pay attention to:  Mr...

Settlements reached in Peanut Corporation of America Salmonella Outbreak

Posted on May 24, 2010
As everyone well remembers, on April 20, 2009, the CDC announced that 714 persons had been infected with the outbreak strain of Salmonella Typhimurium in 46 states. The number of ill persons identified in each state was as follows: Alabama (2), Arizona (14), Arkansas (6), California (81), Colorado (18), Connecticut (11), Florida (1), Georgia (6), Hawaii (6), Idaho (17), Illinois (12), Indiana (11), Iowa (3), Kansas (2), Kentucky (3), Louisiana (1), Maine (5), Maryland (11), Massachusetts (49), Michigan (38), Minnesota (44), Missouri (15), Mississippi (7), Montana (2), Nebraska (1), New Hampshire (14), New Jersey (24), New York (34), Nevada (7), North Carolina (6), North Dakota (17), Ohio (102), Oklahoma (4), Oregon (15), Pennsylvania (19), Rhode Island (5), South Dakota (4), Tennessee (14), Texas (10), Utah (8), Vermont (4), Virginia (24), Washington (25), West Virginia (2), Wisconsin (5), and Wyoming (2)...

Senate Committee on Agriculture, Nutrition & Forestry - Full Committee Hearing Notice

Posted on May 24, 2010
The below dropped into my inbox. It looks like after a 19-month vacancy Food Safety Inspection Services (USDA) is possibly going to finally get a person to run the place. To: All Committee Members Title: Hearing to Consider the Nomination of Elizabeth Hagen for Positions with the USDA Date: Wednesday, May 26, 2010 Time: 9:30 a...

Fresh Express Recalls Romaine-based Salads With Use-by Dates of May 13-16th Due to Salmonella Health Risk

Posted on May 24, 2010
From a Fresh Express Press Release: Fresh Express, a wholly-owned subsidiary of Chiquita Brands International, is voluntarily recalling a specific selection of Fresh Express Romaine-based ready-to-eat salads with the expired Use-by Dates of May 13th through May 16th and an "S" in the Product Code because they have the potential to be contaminated with Salmonella...

Senate Committee on Agriculture, Nutrition & Forestry - Full Committee Hearing Notice - UPDATE

Posted on May 24, 2010
The below dropped into my inbox. It looks like after a 19-month vacancy Food Safety Inspection Services (USDA) is possibly going to finally get a person to run the place. To: All Committee Members Title: Hearing to Consider the Nomination of Elizabeth Hagen for Positions with the USDA Date: Wednesday, May 26, 2010 - Likely Not Time: 9:30 a...

Los Dos Amigos Family Mexican Restaurant Issues Apology

Posted on May 23, 2010
Many restaurants or manufacturers of food seldom, if ever, issue an apology when their food poisons a customer.  So, when the owner of Los Dos Amigos Family Mexican Restaurant issues a written apology to its patrons for the recent salmonella outbreak at the Jackson Street, Roseburg, business, you need to take notice...

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