Personal Injury Law

President Obama's 2011 Budget - Where does Food Safety Stand?

Posted on February 01, 2010
I am spending the day reviewing the President's 2011 Budget for where food safety is heading.  Here is an outline from the Budget Narrative.  I am still working on the actual numbers. Food Safety and Inspection Service Enhances Food Safety. The President's Budget takes important steps to improve the safety of the Nation's supply of meat, poultry, and processed egg products and works to make certain that these products are wholesome and accurately labeled and packaged...

Financial Impacts on Victims of Food Poisonings - Customers and Businesses

Posted on January 31, 2010
Clearly, I focus on the financial (and emotional) impacts on the customer victims in food poisoning cases.  However, losses to business - directly or indirectly - do happen.  In many outbreaks the financial losses to business and industry can be exponentially higher...

Stewart Parnell's business, Peanut Corporation of America, sickened 700 and killed 9. Where is the accountability?

Posted on January 31, 2010
Sunday's Atlanta Journal Constitution (AJC) said it all: 'Blakely peanut illness: Little has changed since scare.'  Not only has Food Safety taken a back seat to nearly everything else in Washington DC, but the political theater that is always Washington has accomplished nothing in bringing justice to those 700, nor the families of the 9 who died...

Daniele Recalls 17,235 more pounds of Salami due to Salmonella Risk

Posted on January 31, 2010
The recall is being expanded as a result of a confirmed finding of Salmonella in an unopened salami product reported by the Illinois Department of Public Health. According to FSIS release, Daniele International Inc., an establishment with operations in Pascoag and Mapleville, R...

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A few emails on Wholesome Spice and Daniele Salami for links to Salmonella Black Pepper

Posted on January 30, 2010
Ya really have to love the internet - Thanks Al Gore for inventing it!  Here are a few of the emails and comments we received this week: Daniele As a former owner of a spice company that did extensive work with food processors, I agree that the public has a right to know the information pertaining to this outbreak...

Salmonella Salami Suspect Named - Wholesome Spice - Mystery Over?

Posted on January 29, 2010
Although officials from USDA, FSIS and FDA remain silent, as has Daniele Salami, both CIDRAP and Food Safety News reported Rhode Island Health Officials have named Wholesome Spice as the likely source of the Salmonella-tainted black pepper that has sickened 189 in 40 states...

Why Organizations Fail - Upcoming Food Safety Speech in Dubai

Posted on January 29, 2010
I have had a good run the last 30 days or so on limited travel.  Next week that all changes.  During the month of February, I will be in Phoenix, Atlanta, Madison, Washington D.C., New York and Dubai either litigating foodborne illness claims, pressing for food safety legislation or giving a speech or three or four or five...

Salmonella Montevideo Outbreak linked to Black Pepper Salami appears to be over - Body count 202 in 42 States

Posted on January 29, 2010
The CDC reports that a total of 202 individuals infected with a matching strain of Salmonella Montevideo have been reported from 42 states and District of Columbia since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AK (1), AL (2), AZ (5), CA (30), CO (4), CT (4), DC (1), DE (2), FL (3), GA (3), IA (1), ID (2), IL (11), IN (3), KS (3), LA (1), MA (12), MD (1), ME (1), MI (3), MN (4), MO (1), NC (9), ND (1), NE (1), NH (1), NJ (7), NM (2), NY (16), OH (9), OK (1), OR (9), PA (5), RI (2), SC (1), SD (3), TN (4), TX (7), UT (7), VA (1), WA (15), WV (1), and WY (2)...

Chasing the Ambulance Away: Reshaping the Role of the Personal Injury Lawyer in Society and the Law

Posted on January 29, 2010
Date: February 8, 2010 Time: 7:30 PM - 9:00 PM Location: Great Hall - Memorial Union - Madison, Wisconsin Sponsor: Center for World Affairs and the Global Economy (WAGE), Distinguished Lecture Series (DLS), Office of Corporate Relations Overview: William Marler has built his firm, Marler Clark, into a national powerhouse of foodborne illness litigation...

Will this be one of the first things that Dr. Hagen at FSIS has on her plate?

Posted on January 28, 2010
Click on image below:

Why do the US Government and US Business not believe in Capitalism?

Posted on January 28, 2010
Or, Why the Silence of the Steaks and Perjury of the Peppers? Everyone (in my world) has been following the two latest government and business food mishaps that have poisoned many of our fellow citizens over the last several months. The first mishap, linked (apparently, in part) to blade-tenderized steaks from National Steak and Poultry has sickened 21 people from 16 states...

Black Pepper tests positive for Salmonella, however Daniele still tells the public nothing - so much for Transparency

Posted on January 27, 2010
Tip o' the blog to www.efoodalert.com for posting the update FAQ's from Daniele: Daniele, Inc. Frequently Asked Questions (FAQs) Q: Why is this product being recalled? A: Samples of the black pepper used to coat some of our products have tested positive for salmonella...

Presence and Characterization of Shiga Toxin-Producing Escherichia coli and Other Potentially Diarrheagenic E. coli in Retail Meats

Posted on January 27, 2010
Appl Environ Microbiol. 2010 Jan 15. Xia X, Meng J, McDermott PF, Ayers S, Blickenstaff K, Tran TT, Abbott J, Zheng J, Zhao S. Department of Nutrition and Food Science, and Joint Institute for Food Safety and Applied Nutrition, University of Maryland, College Park, Maryland 20742; Center for Veterinary Medicine, Food and Drug Administration, Laurel, MD 20708; Center for Food Safety and Applied Nutrition, Food and Drug Administration, College Park, MD 20740...

Illnesses up to 189 in 40 States in Salmonella Montevideo Outbreak - First Lawsuit Filed

Posted on January 26, 2010
The CDC reports a total of 189 individuals infected with a matching strain of Salmonella Montevideo have been reported from 40 states since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AL (2), AZ (5), CA (30), CO (3), CT (4), DE (2), FL (2), GA (3), IA (1), ID (2), IL (11), IN (3), KS (3), LA (1), MA (12), MD (1), ME (1), MI (1), MN (4), MO (1), NC (9), ND (1), NE (1), NH (1), NJ (7), NY (15), OH (9), OK (1), OR (8), PA (3), RI (2), SC (1), SD (3), TN (4), TX (7), UT (7), VA (1), WA (14), WV (1), and WY (2)...

253 days after Abby's death, Valley Meats posts a press release about its new "Multiple Testing and Safety Procedures in the Processing of Beef Products."

Posted on January 25, 2010
I do not sleep much. So, in the middle of the night when Valley Meats press release hit the wire about their 'Multiple Testing and Safety Procedures in the Processing of Beef Products,' I was awake and could not help but think what will Abby's grieving parents will think about Valley Meats new-found love for food safety...

UPDATED - Elisabeth Hagen MD to be New Undersecretary of USDA/FSIS for Food Safety

Posted on January 25, 2010
So the rumor mill that is Washington DC is saying.  AND IT WAS RIGHT. And, rumors seem to even leak all the way out to this other Washington. The position of Undersecretary of Agriculture has been vacant since Dr. Richard Raymond retired in October of 2008...

187 Ill in 39 States Due to Multistate Outbreak of Salmonella Montevideo Infections - Other Salmonella Strains Likely

Posted on January 25, 2010
According to the CDC, a total of 187 individuals infected with a matching strain of Salmonella Montevideo have been reported from 39 states since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AL (2), AZ (5), CA (30), CO (3), CT (4), DE (2), FL (2), GA (3), IA (1), IL (11), IN (3), KS (3), LA (1), MA (12), MD (1), ME (1), MI (1), MN (4), MO (1), NC (9), ND (1), NE (1), NH (1), NJ (7), NY (15), OH (9), OK (1), OR (8), PA (3), RI (2), SC (1), SD (3), TN (4), TX (7), UT (7), VA (1), WA (14), WV (1), and WY (2)...

Dr. William Keene, Oregon Epidemiologist, the Salami Salmonella Sleuth

Posted on January 24, 2010
Not much new to report this morning on the now 1.25 million pound salami recall by Daniele from Costco, Walmart, Sam's Club, Kroger and on Amazon.com. Most were sold under the Daniele brand, but several items with the Boar's Head, Black Bear and Dietz & Watson labels are included...

Compliments Brand Italian Blend Salad Mix may contain Listeria monocytogenes - Where is the FDA on this one?

Posted on January 24, 2010
I got several emails today from irate salami eaters and apologists of the FSIS's and CDC's slow recall action. One emailer said I had 'sour grapes' for not getting appointed USDA Undersecretary for FSIS – well, perhaps. So, just to be fair, I thought I would turn my attention to an FDA inspected product – like Salad Mix – grown in the US and shipped to our friends up north...

Nestle Cookie Dough E. coli Victim, Linda Rivera, Continues to Make Slow, Steady Improvement

Posted on January 24, 2010
I love getting these email updates as of late from Linda's brother-in-law: Sent: Sat, January 23, 2010 9:46:41 AM Subject: Linda Rivera Continued Improvement 1-23-2010 @ 9:45am PST Linda continues to improve, slowly, but surely. Richard went over some daily labs with me and they are all normal, except for some anemia...

Should I be worried about the black pepper in my shaker?

Posted on January 24, 2010
Honestly, I have no idea, but then I suppose neither does the CDC, FSIS, FDA or Daniele. With the CDC telling us that the Salmonella Montevideo outbreak was caused by 'a widely distributed contaminated food product,' and with the FSIS citing Daniele's belief that black pepper is a possible source of the contamination, I looked at the salt and pepper sitting on the table in a Sport's Bar as I watched part of the Jets/Colts game, with some trepidation – especially given some recent pepper history...

Daniele, Inc. Voluntarily Recalls Pepper-Coated Salame Products

Posted on January 23, 2010
From a company press release: Daniele, Inc. announced today it is initiating a voluntary recall of its Pepper-Coated Salame products because of possible concerns about salmonella. Preliminary results indicate that eleven ill individuals had consumed salame products from "Daniele Italian Brand Gourmet Pack...

It is good after a several month CDC and FSIS investigation, 184 sick in 38 states that Daniele International Inc Recalls 1.2 Million Pounds of Salmonella Black Pepper Salami/Salame

Posted on January 23, 2010
And it is good to see the product list recalled - See post below.  Now comes the question - "what stores sold this stuff, and why are they not being named?" As I posted before, on August 18, 2008 after years of hand wringing, the FSIS finally put public health before 'proprietary' business interests when it made the following rule: 9 C...

FSIS weighs in - Daniele International Inc Recalls 1.2 Million Pounds of Salmonella Black Pepper Salami/Salame

Posted on January 23, 2010
From an FSIS recall notice posted on its website this morning Recall Release CLASS I RECALL FSIS-RC-006-2010 HEALTH RISK: HIGH Daniele International Inc., an establishment with operations in Pascoag and Mapleville, R.I., is recalling approximately 1,240,000 pounds of ready-to-eat (RTE) varieties of Italian sausage products, including salami/salame, in commerce and potentially available to customers in retail locations because they may be contaminated with Salmonella, the U...

PR heavyweight, Levick Strategic Communication, Tapped by Daniele International to help in the recall of 1.2M lbs of possibly Salmonella Montevideo tainted Black Pepper Salami or Salame - I have some ideas

Posted on January 23, 2010
Rumors have swirled over the last several weeks in the food poisoning/food safety/meat industry/public health alleys that I lurk in, that a Salmonella Montevideo outbreak was about to break. Frankly, it was an open secret between industry, government, retail and the media for a month...

FSIS weighs in - Daniele International Inc Recalls 1.2 Million Pounds of possibly Salmonella tainted Black Pepper Salami/Salame

Posted on January 23, 2010
From an FSIS recall notice posted on its website this morning Recall Release CLASS I RECALL FSIS-RC-006-2010 HEALTH RISK: HIGH Daniele International Inc., an establishment with operations in Pascoag and Mapleville, R.I., is recalling approximately 1,240,000 pounds of ready-to-eat (RTE) varieties of Italian sausage products, including salami/salame, in commerce and potentially available to customers in retail locations because they may be contaminated with Salmonella, the U...

Beef Products Inc., lawsuit against Iowa State University - What is it that they do not want you to know?

Posted on January 22, 2010
Iowa State is taking heat from Beef Products Inc., (BPI) because the University was about to send us 1650 pages of documents at a cost of $2,175.44.  We are not withdrawing our request for those documents and will be intervening to help protect Iowa State's and the public's interests...

BPI vs Iowa State University - the plot thickens, or is that added ammonia?

Posted on January 22, 2010
I wanted to make sure that I got my letter in support of Iowa State and its obligations under its Public Documents Laws out today.  I am glad to see that the University is in the corner of transparency.  As a former Regent at a state university, I too understand the need for an open public discourse...

Salmonella Montevideo Outbreak in the Offing - Daniele Salami

Posted on January 22, 2010
Salmonella Montevideo Since it is Friday, expect a recall tonight (or over the weekend) from FSIS on a meat-like product (Daniele Salami) contaminated with Salmonella Montevideo that has sickened over 200, with some 30 hospitalized in several states.  The outbreak has been ongoing for months...

CDC Announces 38 State Salmonella Montevideo Outbreak

Posted on January 22, 2010
From a CDC post of a few moments ago: CDC is collaborating with public health officials in many states, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS), and the U.S. Food and Drug Administration (FDA) to investigate a multistate outbreak of Salmonella serotype Montevideo infections...

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