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Personal Injury Law

Marler Blog Marler Blog

Commentary on food poisoning outbreaks and litigation.
By Bill Marler, Esq.

Post Frequency: 33.5/day

Last Entry: April 01, 2011 at 19:12:02

Recent Entries: 2446

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Campylobacter

Posted on August 17, 2010
Campylobacter is the second most common cause of foodborne illness in the United States after Salmonella. Over 3,000 cases were reported to the Centers for Disease Control and Prevention in 2003, or 12.6 cases for each 100,000 persons in the population...


Taco Bell Salmonella Lawsuit to be filed Monday

Posted on August 17, 2010
Ohio, Illinois, Kentucky, and Wisconsin Lead the Illness Count An Ohio victim of the Salmonella outbreaks linked to Taco Bell will file a food poisoning lawsuit in the Court of Common Pleas of Scioto County, Ohio today. The lawsuit will be filed against the food chain parent company Yum! Brands on behalf of a Scioto county resident by the food safety law firm Marler Clark and by Fred Wendel of the Columbus firm Stewart & DeChant...


Fourfold Spike per week in Salmonella Enteritidis Cases Since May Likely Linked to Wright County Egg

Posted on August 17, 2010
On July 9, 2009, FDA published in the Federal Register a final rule that established a regulation part 118 (21 CFR part 118) entitled "Prevention of Salmonella Enteritidis in Shell Eggs During Production, Transportation, and Storage." The egg rule in part 118 requires shell egg producers to implement measures to prevent Salmonella Enteritidis (SE) from contaminating eggs on the farm and from further growth during storage and transportation, and requires these producers to maintain records concerning their compliance with the rule and to register with FDA...


Could Salmonella Enteritidis illnesses linked to Wright County Egg be over 20,000?

Posted on August 17, 2010
In the last three months we have been tracking more than a few Salmonella outbreaks, like S. Typhi in mamey pulp, S. Hartford and S. Baildon at Taco Bell, S, Arizonae in rattlesnake cakes, and on and on. We have also seen more that a few S. Enteritidis cases, but as it is one of the most common serotypes, it had been difficult to see a common denominator...


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CDC Salmonella Enteritidis: Surveillance Data and Policy Implications in Eggs

Posted on August 17, 2010
Thanks to Alejandro Pérez, MPH and the Enteric Diseases Epidemiology Branch Division of Foodborne, Bacterial and Mycotic Diseases National Center for Zoonotic, Vector-Borne, and Enteric Diseases Centers for Disease Control and Prevention for this great PowerPoint on Salmonella Enteritidis and Eggs in America...


First Salmonella Lawsuit Filed by Marler Clark Links Wisconsin Victim to 228,000,000 Egg Recall and Nationwide Outbreak

Posted on August 17, 2010
Wright County Egg Recall Tied to Salmonella Illnesses Nationwide An outbreak of Salmonella Enteritidis (SE) at a restaurant in Kenosha, Wisconsin has been linked to the recall of 280,000,000 eggs and nearly 300 illnesses in the rapidly widening nationwide outbreak tied to Wright County Egg company...


Wright County Egg linked to 266 Salmonella Enteritidis case in California and 7 in Minnesota - where are the other States?

Posted on August 17, 2010
AP reported a few moments ago that California Health officials report that Salmonella Enteritidis (SE)-tainted eggs have sickened at least 266 Californians with salmonella, despite a multi-state recall. Seven cases of salmonella were linked to the same recall in Minnesota...


Salmonella

Posted on August 16, 2010
Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U...


Shigella

Posted on August 16, 2010
Shigella is a bacterium that can cause sudden and severe diarrhea (gastroenteritis) in humans. Shigellosis is the name of the disease that Shigella causes. The illness is also known as "bacillary dysentery." Shigella bacteria can infect the intestinal tract after the ingestion of relatively few organisms...


Seven Salmonella Enteriditis cases in Minnesota linked to Wright County Egg

Posted on August 16, 2010
Illnesses in at least seven people in Minnesota are connected with a multi-state recall of eggs from an Iowa producer due to contamination with Salmonella, state health officials said today. The Salmonella Enteriditis cases were identified in two restaurant outbreaks in May and July, in which eggs were identified as the likely source...


Wright County Egg Recall due to Salmonella Risk

Posted on August 15, 2010
Although there is no report (as yet) of illnesses, Eggs produced by the farms of Wright County Egg of Galt, Iowa, have been recalled because of potential salmonella contamination. Eggs affected by the recall were distributed in Illinois, Wisconsin, Iowa and other states...


It is Two years past time to test for, and deem adulterants, non-E. coli O157:H7s

Posted on August 15, 2010
I was reading Kim Archer's story this morning, 'E. coli outbreak's effects remain in Locust Grove,' in the Tulsa World about the largest E. coli O111 outbreak ever. The 2008 outbreak sickened at least 341 people, killed 1 and sent more that 70 to the hospital, many with life-threatening injuries – many still suffer the impacts today...


Vernon Foods of Louisiana Recalls 500,000 pounds of Sausage due to Listeria

Posted on August 14, 2010
Veron Foods, LLC of Prairieville, La. is recalling approximately 500,000 pounds of 'ready to eat' sausage and hog head cheese products that may be contaminated with Listeria monocytogenes, the Louisiana Department of Agriculture and Forestry's Office of Animal Health and Food Safety announced today...


Hepatitis A Cluster in Waldo County, Maine

Posted on August 14, 2010
The Maine Center for Disease Control and Prevention (Maine CDC) is investigating a third case of acute hepatitis A. All three are residents of Waldo County and at least one attended a number of social functions in different areas of Maine while infective which included attendees from across the state...


Hepatitis A

Posted on August 14, 2010
Hepatitis A is one of five human hepatitis viruses (hepatitis A, B, C, D, and E) that primarily infect the liver and cause illness. An estimated 80,000 cases occur each year in the U.S., although much higher estimates have been proposed based on mathematical modeling of the past incidence of infection...


Listeria

Posted on August 14, 2010
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...


S 510, the FDA Food Safety Modernization Act, is still alive

Posted on August 13, 2010
Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor and Pensions Committee, today issued the following statement on the manager's package for The FDA Food Safety Modernization Act. Harkin has been working on a bipartisan basis with HELP Committee Ranking Member Mike Enzi (R-WY), authors of the FDA Food Safety Modernization Act Dick Durbin (D-IL) and Judd Gregg (R-NH) and lead cosponsors Chris Dodd (D-CT) and Richard Burr (R-NC) on the proposal...


S 510 Food Safety Modernization Act - The Paper Trial

Posted on August 13, 2010
Here is Chairman Harkin's mark-up and section by section summary - this is the version of the bill voted out of the HELP Committee in mid-November and here is the most recently approved version as of last night. Senator Feinstein has not released a copy of her BPA amendment — however, she is now saying it will only be baby bottles, sippy cups, baby food, and infant formula...


S. 510 - FDA Food Safety Modernization Act Small Farm and Small Business Guide

Posted on August 13, 2010
No Change in Agency for Regulated Foods Only foods already regulated by the Food and Drug Administration (FDA) will be subject to S. 510. Section 403 maintains the existing firewall between FDA and the U.S. Department of Agriculture regulated foods and agricultural products...


E. coli O157:H7

Posted on August 13, 2010
E. coli O157:H7 was identified for the first time at the CDC in 1975, but it was not until seven years later, in 1982, that E. coli O157:H7 was conclusively determined to be a cause of enteric disease. Following outbreaks of foodborne illness that involved several cases of bloody diarrhea, E...


Hemolytic Uremic Syndrome (HUS)

Posted on August 13, 2010
The following is a comprehensive description of the hemolytic uremic syndrome (HUS), its symptoms, and the complications and long-term risks associated with HUS.  (A glossary of terms can be found at the bottom of this entry). Hemolytic uremic syndrome is a severe, life-threatening complication of an E...


Long-term Salmonella Infection Complications - Irritable Bowel Syndrome (IBS) and Reiter's Syndrome

Posted on August 12, 2010
Irritable Bowel Syndrome (IBS) A recently published study surveyed the extant scientific literature and noted that post-infectious irritable bowel syndrome (PI-IBS) is a common clinical phenomenon first described over five decades ago. The Walkerton Health Study further notes that: Between 5% and 30% of patients who suffer an acute episode of infectious gastroenteritis develop chronic gastrointestinal symptoms despite clearance of the inciting pathogens...


Online Food Safety Resources

Posted on August 12, 2010
It seems that there are more recalls and outbreaks than ever, touching every community. As time and resources are short, I wanted to make you aware of new and retooled resources on food safety, foodborne illness, and food policy. Marlerblog:  Is my view as a food safety insider and litigator...


Morbidity and Mortality Weekly Report - 2007 Surveillance for Foodborne Disease

Posted on August 12, 2010
This CDC report summarizes epidemiologic data for the 1,097 reported outbreaks occurring during 2007 (the most recent finalized data), which resulted in 21,244 cases of foodborne illness and 18 deaths. Outbreaks – Single Etiologic Agent Among the 497 outbreaks (12,767 illnesses) with a confirmed single etiologic agent, bacteria caused 259 (52%) outbreaks with 6,441 (50%) illnesses, viruses caused 199 (40%) outbreaks with 6,120 (48%) illnesses, chemical agents caused 34 (7%) outbreaks with 141 (1%) illnesses, and parasites caused five (1%) outbreaks with 65 (1%) illnesses...


Salmonella Outbreak linked to Goya Frozen Mamey Fruit

Posted on August 12, 2010
Investigators linked traces of salmonella typhi, the bacterium that causes typhoid fever, to a Goya brand frozen fruit product containing mamey fruit pulp. The fruit, also known as zapote and sapote is grown in Central and South America and often used in shakes and smoothies...


Information on Salmonella

Posted on August 11, 2010
In the middle of far too many Salmonella Outbreaks, here is Salmonella Information in one easy place.


ACI Foodborne Illness Litigation Conference

Posted on August 11, 2010
Crack Defense Lawyer, Alan Maxwell, and I will be co-chairing again this conference on 'Advanced Strategies for Tackling the Underlying Science and Defending Against Complex Food Contamination Claims.' The two-day conference will be on Wednesday, October 27 to Thursday, October 28, 2010 at the Millennium Knickerbocker Hotel Chicago, Chicago, IL, United States...


Taco Bell Salmonella Outbreak - Perhaps Ingredient is a 10-letter word for financial disaster?

Posted on August 10, 2010
Last week I gave a speech at IAFP - "Is Ingredient a 10-letter word for financial disaster?" At the time we had been monitoring what appeared to be a nationwide Salmonella outbreak involving two rare strains – Baildon and Hartford. We were somewhat unclear as to the source, but several of the people who contacted us did eat at Taco Bells in the days before they became ill, however, some either could not recall or believed that they had not...


Fresh Express Announces Recall of Veggie Lovers Salad Due to Listeria Risk

Posted on August 10, 2010
According to a Press Release - Fresh Express is voluntarily recalling 2,825 cases of Veggie Lovers Salad with a Product Code of I208 and Use-by Date of August 10, 2010 out of an abundance of caution due to a possible health risk from Listeria monocytogenes...


Survey of State Raw Milk Product Regulations

Posted on August 10, 2010
Over the last months we have been following the in and out of state raw milk regulations.  I thought I would share the thirteen pages as a link here - Survey of State Raw Milk Product Regulations.  I would appreciate any comments or corrections...


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