E. coli Lawyer

We are often asked by people who have eaten a recalled product what they should do with leftovers. The investigation of the E. coli outbreak associated with American Foods Group, LLC ground beef products, highlights the importance of retaining recalled food products until one is certain no one has been sickened by them.

In October, the Illinois Department of Public Health (IDPH) began investigating 2 cases of suspected E. coli poisoning. According to IDPH representative Kimberly Parker, both of the people and ground beef found in their home tested positive for E. coli O157:H7. Prompted by the report of these cases of E. coli O157:H7, American Foods Group recalled about 48 tons of ground beef products.

The ground beef that tested positive for E. coli O157:H7 is vital clue that investigators from the Illinois Department of Public Health needed to quickly identify the food that was responsible for the patients' illnesses.

Before the American Foods Group LLP recall, the Illinois Department of Public Health took its findings to the US Department of Agriculture, which presented the meat company with evidence of the sick patients and the contaminated ground beef. The company recalled 48 tons of its ground beef on November 24.

Packages from patients' homes were found in several of the most recent foodborne illness outbreaks. The list reads like a hall of fame—or maybe we should we call it a "hall of shame". In the past year alone, investigators were able to examine contaminated ConAgra pot pies (Salmonella), Topps ground beef (E. coli O157:H7), Castleberry's chili sauce (Clostridium botulinum, which produces toxic botulism spores), and ConAgra peanut butter (Salmonella) found in the homes of sick patients.

Pathogens such as E. coli O157:H7 and Listeria are considered to be food "adulterants." Quite simply, they shouldn't be in food. So when investigators find an exact genetic match between the pathogen from sick patients and the food from their homes, they often have the "smoking gun."

In a food recall, people who have the product in their homes but have not eaten it should always throw the food away. But people often ask what they should do if they've eaten a recalled product. We would suggest that people should save the product and packaging until it's clear that they didn't get sick. (This should not be considered legal advice. You should contact us or another law firm if you would like assistance with any legal matter.) And if they get sick, see a doctor and ask to be tested and treated immediately.

The USDA announced this week an ongoing plan to collect data on the prevalence of non-O157:H7 E. coli contamination. The USDA routinely checks for O157:H7 contamination, and focuses the majority of its efforts to combat the bacteria, due to its harmful and often fatal characteristics. One of the strains of E. coli to be tested for is the O111 strain, the same strain that led to the death of Kayla Boner.

Kayla, a 14 year old Iowan, first developed diarrhea, followed the shutting down of her kidneys, which ultimately led to her death. E. coli O111 infection was the cause of death, but it has not been determined how she became infected with the bacteria.

According to the Des Moines Register:

"Why hasn't the meat ever been tested for this? This is something that my kid died for," said Dana Boner. "It makes me angry that no one ever checks for that."

USDA officials aren't sure how prevalent O111 and the other non-O157 strains are but said that reports of illnesses are increasing.

Although strains of E. coli other that O157 can cause serious illness, such as Kayla’s, representatives from the meat industry still oppose the USDA’s plan to start testing for different bacteria. We support the USDA testing program and urge the USDA to take all measures to protect consumers from meat contaminated with E. coli O157:H7 and non-O157 E. coli.

The USDA will be taking greater actions to combat E. coli. Although the USDA currently tests products for the deadly E. coli O157:H7 strain, they will now begin testing for non-1057 Shiga Toxin-Producing E. coli, or STECs. Test samples will include those that tested positive for O157 and those that did not. The new testing is only being done for study purposes, and the USDA has not declared STECs to be adulterants. If samples test positive for STECs, but not for O157, products will not be recalled or seized in any way.

The testing will be focusing on a variety of strains of STECs, including 026, 0111, 0103, 0121, 045, and 0145. These six types cause most illnesses among non-0157 bacteria, and once sufficient data is gathered, the USDA will make a decision on whether or not to include the bacteria as adulterants, subject to the same type of policies as products contaminated with 0157.

If the USDA does indeed declare these bacteria adulterants, they will undergo the following process, as reported by Meatingplace:

• define applicable products from slaughter/dressing and further processing
operations
• issue a Federal Register Notice in the form of an interpretive rule
• establish an effective date that ensures sufficient time to address seamless implementation for both domestic and imported products
• issue compliance guidelines
• issue policy implementation instructions and train FSIS inspection personnel
• conduct outreach to the regulated industry

E. coli Lawyer is published by the law firm of Pritzker | Ruohonen, one of the leading food safety law firms in the United States. We have a national practice and represent victims of E. coli outbreaks throughout the United States. We also represent the families of people who died after contracting an E. coli infection. In most cases of serious injury and death, the person who contracted the E. coli infection developed hemolytic uremic syndrome (HUS). We publish E. coli Lawyer to alert consumers to E. coli recalls and outbreaks, provide information on E. coli and HUS, and provide information on E. coli law and litigation.

Attorneys Fred Pritzker and Rich Ruohonen have a national reputation and have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA and other publications. In recognition of their accomplishments, they have been named “Super Lawyers” by Law & Politics magazine.

Fred and Rich are sought-after speakers and have conducted numerous legal seminars and presentations on such matters as how to get top verdicts and settlements, foodborne illness, products liability, trial tactics, use of expert witnesses, and pain and suffering.

DO YOU NEED AN E. COLI LAWYER?

E. coli cases are complex and involve a number of subjects about which most lawyers are unfamiliar. Successful E. coli lawyers must have years of experience representing food safety survivors and know and understand technical subjects including epidemiology, microbiology, infectious disease, food safety and sanitation, and internal and gastrointestinal medicine. As importantly, lawyers handling these cases should be seasoned trial attorneys. Insurance companies know which lawyers try cases (and are therefore capable of large verdicts) versus those who have little trial experience and end up settling for less than experienced trial counsel.

Because of the resources food companies and their insurers devote to defending them, it’s critically important that your lawyer has the best people available to work on your case and the resources to pay for them. Experienced E. coli lawyers have connections with top-notch epidemiologists, microbiologists, medical professionals, and other experts to act as consultants and, if necessary, witnesses at a trial.

If you need an E. coli lawyer, we would like to help. To contact an E. coli lawyer at Pritzker | Ruohonen, please call toll-free at 1-888-377-8900 or submit the firm's free case consultation form for review by an E. coli lawyer.

New research suggests that E. coli may have a new weapon to combat antibiotics. Although debate has surfaced over the use of antibiotics and the ability for bacteria to become resistant to the drugs, researchers from Harvard have discovered that some bacteria are not only resistant to antibiotics, but actually consume the drugs.

According to Discover, the researchers took 11 soil samples from various environments with different levels of antibiotics. Bacteria were discovered in all the samples that were able to survive by consuming antibiotics. These bacteria included types of E. coli as well as Shigella. The bacteria even existed in conditions that contained more that 100 times the amount of drugs given as a normal dose to patients and more than 50 times the amount needed to qualify bacteria as resistant.

The research provides a new angle on the use of antibiotics to combat bacteria like E. coli, both in patients and in livestock. There is also a possibility that the genes that allow the consumption of antibiotics could be spread to pathogenic bacteria and make infections from bacteria such as E. coli 0157:H7 even more dangerous.

Continue reading "E. coli Eating Antibiotics for Lunch" »

Researchers at Michigan State University, including microbial evolutionary biologist Thomas Whittam, have phylogenetically analyzed multiple strains of the dangerous E. coli 0157:H7 bacteria (or enterohemorrhagic E. coli, EHEC), and determined that dangerous versions of the bacteria are on the rise. The researchers noticed that outbreaks related to the deadly bacteria can vary in severity. The outbreak in spinach in the United States was much more severe than a similar outbreak in Japan.

This observation spurred the researchers to group different variations of the bacteria into different clades, primarily based on single nucleotide polymorphisms (SNPs). The researchers discovered interesting correlations between different clades.

According to Genome Web:

When they focused in on 39 distinct SNP genotypes and used these to create a phylogenetic network, the team found that the EHEC strains tested fell into nine different clades. Interestingly, there were not only differences in toxin genes between clades, but also in the severity of human infection associated with different clades.

Researchers also noted that the strains in clade eight were associated with severe disease most often found in children or individuals younger than 18. The bacteria in clade eight also had a higher risk of causing hemolytic uremic syndrome (HUS):

Over the past five years or so, Whittam noted, there also seem to be changes in different clades’ prevalence, with clade eight infections apparently increasing and some others decreasing. Still, it’s unclear why clade eight infections are more prevalent — especially in Michigan — in recent years. Whittam speculated that this could be related to the food source that carries the bug, the amount of toxin those strains produce, or some other yet unknown factor.

Whittam and the researchers are hoping that this new breakthrough will help prevent rapid outbreaks associated with E. coli 0157:H7. He would also like to continue the research to developing a quicker way of identifying different strains which could be useful for rapid vegetable-related outbreaks. Whittam also noted that the technique used could help gain greater insight into other forms of E. coli that are not yet known to cause disease in humans.

According to news reports, at least 20 people who attended the annual "Beast Feast and Wild Game Supper" at the Eastern Shore First Baptist Church have become ill. At least 8 of those people have been diagnosed with E. coli.

For those who were sickened, it is important for others, especially the church family, to understand that they are really sick and need support and prayers, even after they return home from the hospital. We monitor meat recalls and E. coli outbreaks, so we would recommend that people not use ground beef in meals for the families.

Those who were sickened and their families have medical bills, lost earnings and other damages, and they should be compensated for these losses. However, pursuing a claim against one’s church is not something everyone is willing to do. That may not be necessary. If the food responsible for the E. coli poisoning is pinpointed, an E. coli lawyer can pursue claims against the manufacturer, distributor and others connected with that food product.

Even if a food source if pinpointed, it will probably be in the sickened individual's best interests to pursue a claim against the church. Given that churches generally have insurance to cover liabilities like this, pursuing a claim against a church should not be viewed an assault against the church. Pursuing a claim against the church may be the only way to get to the insurance money. Sadly, this is how the system works. Any lawsuit against the church should not be taken personally by the members of the church. We are sensitive to situations like this and have dealt with this issue before.

While health officials work to track down the food product, those sickened and their families may want to contact an experienced E. coli lawyer regarding what can be done to protect legal rights. To contact a lawyer at our law firm, please call toll-free at 1-999-377-8900 or submit the firm’s free case consultation form.

A new study from researchers at the University of Calgary, published in Lancet Infectious Diseases, examines the possible rise of antibiotic-resistant strains of E. coli, including the potentially-lethal 0157:H7 strain. Researchers seem to be worried that the resistant strains may be becoming more common in hospital settings in the near future, calling for increased funding to track the spread of these resistant strains.

The study examined numerous surveys from the past seven years from a variety of countries, tracking the growth of antibiotic-resistant E. coli. The authors stated, according to The Press Association, "These bacteria have become widely prevalent in the community setting in certain areas of the world and they are most likely being imported into the hospital setting."

The researchers studied strains of E. coli that produce extended-spectrum beta-lactamase (ESBL), which is an enzyme that makes the bacteria resistant to most commonly used antibiotics in hospitals. The United Kingdom’s Health Protection Agency has already begun working with the National Health Service to begin addressing this potentially dangerous problem so that the risks associated with these resistant E. coli strains will be minimized. The information gathered will be important not only for the care of hospital patients in Europe, but also in the United States.

With outbreaks of E. coli 0157:H7 in frozen foods such as Jeno’s and Totino’s Pizza, the safety of microwave cooking has been intensely questioned and studied in order to provide safer products in the future. Many organizations in the food industry have developed programs to address risks associated with microwavable foods, and the International Association for Food Protection (IAFP) released a series of presentations discussing the risks.

Microwave ovens are inherently flawed in that they do not always evenly heat and cook foods, which allow for hot and cold spots within cooked food. Not only are there variances in temperature, but not evenly cooking the product can result in the failure to inactivate pathogens (including E. coli O157:H7) in the food that may cause disease.

The presentations address a variety of areas that affect uneven heating:

• Non-uniform distribution of dipolar molecules and ionic materials within the food.
• Differences in microwave absorption of frozen/thawed areas.
• Product/component edge heating effects.
• Areas of high and low microwave field strength within the oven cavity and product.
• Different food component and thermal properties.

We support all efforts to make food safe. It is important to note, however, that consumers are not at fault for E. coli poisoning. It is the responsibility of manufacturers and others to provide food that is free of dangerous pathogens such as E. coli O157:H7.

Published by E. coli Lawyer.

Elliot Olsen, an attorney at Pritzker | Ruohonen, has filed a lawsuit against an operator of a Taco John’s restaurant in Iowa on behalf of a woman who contracted an E. coli infection after eating food from the restaurant in November of 2006.

“These illnesses represent yet another breakdown in a system which seems incapable of protecting the public from contaminated food,” stated Mr. Olsen. “We believe there are other victims out there who have not yet come forward.”

The Waterloo Cedar-Falls Courier reported on the lawsuit:

Represented by attorney Elliot Olsen of Minneapolis, Bellis filed her suit against CMT Inc., which operates the Taco John's restaurant at 6210 University Ave., in Black Hawk County District Court earlier this month.

Two other suits against Taco John's were filed in federal court in December 2006 and have since been settled.

According to court records, Bellis had two soft-shell tacos with lettuce at the Cedar Falls store Nov. 30.

On Dec. 4, she had abdominal cramps, which progressed to bloody diarrhea, vomiting and extreme dehydration. She spent two day in the hospital after an emergency room visit, records state.

Workers at the Black Hawk County Health Department determined she had tested positive E. coli bacteria and concluded she became sick as a result of her Taco John's meal.

CMT is based in South Dakota and operates Taco John's in Cedar Falls.

Officials said the U.S. Food and Drug Administration said the E. coli strain was traced to growers in California, and some 81 people in Minnesota, Iowa and Wisconsin were infected.

In Black Hawk County, 33 people became ill with E. coli infections, and 14 were hospitalized.

To contact Elliot Olsen, please call toll-free at 1-888-377-8900, email Elliot, or submit the firm's free case consultation form. Read more about the Iowa E. coli outbreak linked to Taco John's on our website.