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Health Law

Food Poison Blog

Surveillance and analysis on food poison news and outbreaks.
By Marler Clark

Post Frequency: 17.6/day

Last Entry: April 01, 2011 at 12:57:03

Another Recall of Beef Products for E. coli O157:H7 Courtesy of Greeley, Colorado

Posted on June 25, 2009
According to a USDA Press Release issued on June 24, 2009, "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 USDA Press Release can be found here: www...

A Big Reason Outbreaks involving meat are so big: Mega-Meat Plants

Posted on June 25, 2009
In 1992 and 1993 when the Jack in the Box E. coli O157:H7 Outbreak occurred, and I got my introduction as an attorney to outbreak-related litigation, the meat industry looked very different than it does so today. The company that manufactured the hamburger patties for Jack in the Box—Vons Companies, Inc...

Vaccine prevents hepatitis A

Posted on June 25, 2009
Hepatitis A (HAV) is a foodborne illness that is relatively uncommon in nations with developed sanitation systems. Despite this, approximately one-third of the United States population has at some point become infected with the hepatitis A virus, which causes an illness that ranges in severity from a mild illness lasting only a few weeks to a severe illness lasting several months...

Dear Mr. President and Secretary Vilsack - Calling for Real Food Safety Reform: Bill Marler for FSIS

Posted on June 25, 2009
June 24th, 2009 By David Murphy Just when America thought it was safe to go back into the grocery store, another food outbreak wakes us up to the fact that there is something seriously wrong with our food safety system. This time it's Nestle Toll House cookie dough with E...

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The Failures of Third-Party Food Safety Audits

Posted on June 25, 2009
If everyone who takes a test is getting an A, how hard can the test be? This is the question that occurred to me yesterday watching a fine presentation by Dr. Paul A. Hall, Ph.D. Dr. Hall was the speaker who presented immediately before I did at the Almond Board of California's 13th Annual Food Quality and Safety Symposium...

4th of July Recess Gives Opponents To HR 2749, The Food Safety Enhancement Act of 2009 Time To Mount Grassroots Lobbying Campaign

Posted on June 25, 2009
Small farmers, organic growers, raw milk drinkers and many others are organizing themselves on the Internet to kill HR 2749, the Food Safety Enhancement Act of 2009. And if there is not a vote on the floor of the U.S. House before the ten-day 4th of July break, opponents will have more time to rally others to their cause...

Orca Distribution May Have Repacked Recalled Pistachios

Posted on June 24, 2009
The Food and Drug Administration (FDA) has warned consumers not to eat two brands of pistachios repacked by Orca Distribution West Inc. of Anaheim, California. The brands are: * California Prime Produce * Orange County Orchards The pistachios may be contaminated with Salmonella, an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems...

Colorado Child Sickened by E. coli Cookie Dough Files Lawsuit

Posted on June 24, 2009
An E. coli lawsuit was filed yesterday on behalf of a Denver-area child who became gravely ill with E. coli O157:H7 after eating refrigerated Nestle Toll House cookie dough. The lawsuit was filed on behalf of the family of Madison Sedbrook by her attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Kara Knowles of the Denver firm Montgomery, Little, Soran, & Murray...

Consumer Warning: Don't Eat Sprouts!

Posted on June 24, 2009
For any of you out there audacious enough to still consume raw sprouts (click here for a recent discussion of the problem), today's announcement from the California Department of Public Health (CDPH) provides yet another example of why eating raw sprouts is simply not worth the risk...

Madison Sedbrook: Nestle cookie dough victim

Posted on June 24, 2009
We filed suit yesterday in Federal Court for the District of Colorado on behalf of Madison Sedbrook, who is six years old, and her parents Tristan and Cindy. Madison ate cookie dough on multiple occasions in April 2009 and developed a severe gastrointestinal illness...

Hemolytic Uremic Syndrome (HUS) and E. coli O157:H7

Posted on June 23, 2009
We have already heard from several families whose children have developed hemolytic uremic syndrome (HUS) after contracting E. coli O157:H7 from Nestle cookie dough. Most often, though we certainly see cases where the pathalogic process described below affects other organs, HUS affects the kidneys...

You Want a Glass of Milk with that E. coli Cookie?

Posted on June 22, 2009
Although not really a good defense in the arenas of law or common sense, I was struck by how quickly Nestle suggested that the consumers sickened by eating their contaminated cookie dough were themselves at fault for ignoring the recommendation on the label that the cookies be 'bake before consuming...

First Lawsuit in E. coli Cookie Dough Outbreak Filed by Marler Clark

Posted on June 22, 2009
A young woman who was hospitalized for seven days after eating raw cookie dough made by Nestle USA filed suit today against the company in California Superior Court, San Mateo County. The lawsuit was filed on behalf of 18-year-old Jillian Collins by her attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Terry O' Reilly of the San Mateo firm Reilly Collins...

North Dakota Salmonella outbreak may be linked to caterer

Posted on June 22, 2009
According to an article in the Bismarck Tribune, the North Dakota Department of Health is investigating a Salmonella outbreak among McLean County residents. The apparent outbreak occurred last week, and sickened members of two groups who ate foods catered by the same unlicensed caterer...

Mom, Judy Akers, unknowingly buys daughter, Melissa Kitchens Nestles Toll House Cookie Dough Contaminated with E. coli O157:H7

Posted on June 21, 2009
Lynne Terry from The Oregonian reports on a parent's worst nightmare – buying food that sickens your child and husband. Here is part of the story: One day while shopping, a Gresham mom, who had long shunned sweets to keep her family's diet healthy, gave in to her daughter's pleas for a special treat...

Nestle Toll House Raw Cookie Dough Linked to E. coli Outbreak in 28 States

Posted on June 19, 2009
The Colorado Department of Public Health and Environment (CDPHE) issued a press release on June 18 about an outbreak of E. coli O157:H7 which has been under investigation by several state health departments and the CDC. The CDPHE release revealed that 66 people in 28 states have been sickened, and that epidemiological evidence is strong that the vehicle is Nestle Toll House uncooked cookie dough...

Nestle Blames Victims for E. coli O157:H7 Outbreak

Posted on June 19, 2009
With reports of 66 cases of E. coli O157:H7 across 28 states, Nestle has announced a recall of its Cookie Dough Products. The illnesses include 25 hospitalizations, and 7 cases of hemolytic uremic syndrome (HUS). HUS is a life-threatening complication of E...

Potentially E. coli-contaminated cookie dough still being sold

Posted on June 19, 2009
I am now in possession of potentially E. coli-contaminated Nestle Toll House cookie dough. In an attempt to learn more about the warning labels Nestle prints on its cookie dough packaging, I set out for the supermarket closest to my house. That store happens to be a Fred Meyer...

Nestle Cookie Dough E. coli Outbreak Update: 5 Illnesses in Washington

Posted on June 19, 2009
According to local news channel Komo 4, the Washington State Department of Health announced this morning that five people in Washington state are believed to have been sickened by the E. coli O157:H7-contaminated Nestle cookie dough. Two of those sickened were hospitalized...

Cookies and E. coli: Here's an E. coli story we will never forget

Posted on June 19, 2009
Today's recall of Nestle cookie dough got me thinking about other E. coli O157:H7 cases that we've recently handled. John McDonald was a 5-year-old boy who we represented in a ground beef outbreak that occurred in 2007. Unfortunately, John's illness was about as bad as an illness can get without causing a death...

Nestle Cookie Dough E. coli Outbreak Update: Further Details On 5 WA Cases

Posted on June 19, 2009
The Washington State Department of Health has just released further details on the five confirmed Washington E. coli O157:H7 cases connected to the emerging nationwide Nestle cookie dough outbreak: -- May 6, Grays Harbor County woman, -- May 12, Thurston County teenage girl, hospitalized, -- May 15, Pierce County girl, -- May 20, King County boy, -- May 21, King County girl, hospitalized...

E. coli O157:H7 Outbreak Illnesses Linked to Nestle Toll House Cookie Dough Confirmed in Colorado, Texas, Washington and Minnesota

Posted on June 19, 2009
State health departments have taken the lead in releasing news about the E. coli outbreak tied to Nestle Toll House raw cookie dough. The Colorado Department of Public Health and Environment (CDPHE) put out the first official information about the outbreak late on June 18...

Food Safety Enhancement Act Passes Committee

Posted on June 18, 2009
The Food Safety Enhancement Act of 2009 passed out of Committee in the House today, without opposition. The full House is expected to vote on the bill before the July 4th recess. According to an article in The Packer, the bill is receiving some lukewarm support -or at least, something less than all out resistance - from food industry lobbyists...

E. coli and . . . Cookies??? Wouldn't be the first contaminated confection

Posted on June 18, 2009
We have been investigating several seemingly unrelated E. coli O157:H7 illnesses that may not be so unrelated. There are 63 confirmed illnesses possibly linked to Nestle's Toll House Cookies. Before you say, "No way, cookies can't be contaminated" or "E...

Food Safety Advocate William Marler to Address Trial Lawyers

Posted on June 17, 2009
MINNEAPOLIS (June 16, 2009) William Marler, food safety advocate and expert in foodborne illness litigation, will speak at the American College of Trial Lawyers (ACTL) conference in Minneapolis this week. Mr. Marler's presentation on Contaminated Food Litigation will be 11:00 a...

Pasteurized eggs keep home-made ice cream safe

Posted on June 17, 2009
Martha Stewart appeared as a guest on the Today Show this morning, and taught viewers how to make home-made ice cream. Martha's recipe calls for 8 eggs to be made into a custard before being added to the ice cream maker. Because custard is cooked, eggs in this recipe should reach a proper temperature to kill foodborne pathogens like Salmonella and Campylobacter that may be present in the eggs in a raw state...

Mad Cows and Farm Fish

Posted on June 16, 2009
University of Louisville neurologist Robert P. Friedland, M.D., questions the safety of eating farmed fish in the June issue of the Journal of Alzheimer's Disease, adding a new worry to concerns about the nation's food supply. Friedland and his co-authors suggest farmed fish could transmit Creutzfeldt Jakob disease--commonly known as mad cow disease--if they are fed byproducts rendered from cows...

Fees Lowered as Food Safety Enhancement Act Moves Through House

Posted on June 16, 2009
As the "Food Safety Enhancement Act of 2009" was passed out of the House subcommittee last week, the fees associated with production facility inspection were decreased. According to a story in the Packer: The bill approved June 10 was revised from an earlier draft version, dropping user fees for inspections from $1,000 to $500 per facility and the overall cap limit per company to $175,000...

Food Safety Enforcement: How the Brits Do It.

Posted on June 15, 2009
This last Thursday, June 11, 2009, I had the pleasure (and honor) of presenting at the 2009 Conference on Law of Food and Drink, sponsored by the British Institute of International and Comparative Law. The program of presentations was interesting and, for me, quite informative...

Pork Producers Fight Against New Food Safety Bill

Posted on June 15, 2009
The National Pork Producers Council (NPPC) is waging a fight against food saftey refoms in the pending "Food Safety and Enhancement Act of 2009" according to Wisconsin Ag Connection. The bill was recently approved by in subcommittee and will head next to a full comittee in the House...

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