Food Safety Lawyer Fred Pritzker Presents at Food Safety Litigation Conferece
Attorney Fred Pritzker
Food safety attorney Fred Pritzker spoke at the American Conference Institute’s Foodborne Illness Litigation conference in Chicago on October 27 & 28.
According to the conference program: “The food industry is under the microscope like never before. As reports of food-borne illness continue to rise, it was recently reported that the estimated annual cost of illness caused by only one strain of e.coli is $478,381,766. How much of this expense is your company prepared to bear?”
Representatives from food production companies and food safety lawyers like Pritzker came together for this two-day event of knowledge sharing and networking to educate producers on the legal matters of food safety. Pritzker presented a mock cross examination of an epidemiologist testifying in a foodborne illness outbreak case.
Food Safety Attorney Fred Pritzker to Speak at National Forum on Food-Borne Illness Litigation
Food safety attorney Fred Pritzker is scheduled to speak at the American Conference Institute’s 4th National Forum on Food-Borne Illness Litigation, October 27-28 in Chicago.
Attorney Fred Pritzker
Fred’s topic is cross examination of an epidemiologist testifying in a foodborne illness outbreak case. Fred represents foodborne outbreak victims throughout the United States.
The annual National Forum on Food-Borne Illness Litigation features nationally recognized experts in the fields of foodborne illness litigation (both plaintiff and defense), foodborne illness investigation and corporate public relations.
See Fred’s video on E. coli O26.
Grading Restaurant Cleanliness
Doug Powell is a food safety professor, journalist, commentator, critic and blogger. He was one of the first to aggregate food safety news and is widely read in the food safety community.
He often writes about restaurant safety and the public’s right to know about how restaurants score on sanitation inspections. His piece today talks about the debate in NYC about passage of a law requiring restaurants to post letter grades based on inspections.
A few weeks ago I was invited to speak to a group of Illinois sanitation inspectors whose job it is to inspect and grade restaurants. My presentation was about how lawyers prove food safety cases. During the talk I asked the sixty or so attendees what they thought about mandatory restaurant grade posting. Surprisingly, at least to me, most were against it. Their comments are summarized as follows:
- Inspections are just “snapshots in time;” what happens on just one day may or may not be indicative of restaurant cleanliness throughout the course of a year
- With so much riding on a sanitation score, the relationship between inspector and restaurant will become contentious and lead to much more administrative action
- Posting restaurant scores is punitive; it’s better to encourage (one inspector from a small town said their practice is to publicize good scores)
- Many low risk violations may lower a score even though there is no real threat to the public.
My reaction to the inspector’s comments is that those concerns can be address in a uniform and fair grading system. And the system can be fine-tuned over time. Overall, the public’s right to know trumps any perceived unfairness to restaurants. Transparency is rarely a bad thing.
Pritzker Olsen E. coli-HUS Client Featured in New York Times Article
My client Emily Grabowski was featured in a May 27, 2010 New York Times article about the E. coli O145 outbreak involving fresh romaine lettuce from Freshway Foods, Sidney, Ohio.
Ms. Grabowski, a college freshman in New York, is one of 26 confirmed and 7 probable cases related to this outbreak. According to the Centers for Disease Control and Prevention (CDC):
As of May 20, 2010, a total of 26 confirmed and 7 probable cases related to this outbreak have been reported from 5 states since March 1, 2010. The number of ill persons identified in each state with this strain is: MI (11 confirmed and 2 probable), NY (5 confirmed and 2 probable), OH (8 confirmed and 3 probable), PA (1 confirmed), and TN (1 confirmed). The reported cases in Tennessee and Pennsylvania do not reflect expansion of the outbreak but retrospective identification of cases using the PulseNet system – these cases are part of the original cluster due to the original implicated lot of lettuce from March.
As a result of her E. coli O145 illness, Ms. Grabowski developed Hemolytic Uremic Syndrome (HUS), a potentially lethal condition known to cause severe kidney damage, neurologic deficits and hypertension.
This outbreak, another one involving leafy green vegetables, points to the need for significant regulation of an industry responsible for repeated outbreaks.
The United States Food and Drug Administration (FDA) issued its final report on the outbreak on May 21, but so far refused to identify the farm at which the implicated romaine lettuce was grown.
The High Cost of E. coli and Salmonella Food Poisoning
Americans pay about $3.13 billion a year in costs incurred each year by Salmonella and E. coli O157:H7 alone, according to the University of Minnesota’s Center for Infectious Disease Research and Policy (CIDRAP).
The center is reporting figures gathered by the U.S. Department of Agriculture’s (USDA) Economic Research Service (ERS). As seen in the chart below, the ERS used estimates from the Centers for Disease Control and Prevention (CDC), to come up with cost estimates for both E. coli and Salmonella cases annually. The numbers for Salmonella costs are based on the CDC’s estimate of almost 1.4 million Salmonella cases each year, which includes 415 deaths. The average cost per case is an estimated $1,896.
| Pathogen | CDC estimate of annual number of cases | ERS cost estimate (2009 dollars) |
|---|---|---|
 Campylobacter (foodborne sources) |
2,000,000 | |
| Salmonella (all sources) |
1,397,187 | $2,649,413,401 |
| Shiga toxin-producing E. coli O157 (STEC O157) (all sources) |
73,480 | $478,381,766 |
| Non-O157 shiga toxin-producing E. coli (non-STEC O157) (all sources) |
31,229 | |
| Listeria (all sources) |
2,797 |
The CDC numbers of E coli O157 cases are significantly lower, at 73,480 cases a year with 61 deaths, however the per-case cost of $6,510 is much higher than Salmonella cases.
According to CIDRAP:
“The ERS has posted an online “Foodborne Illness Cost Calculator” that allows Web users to come up with their own estimates of the cost of foodborne illnesses for a state or region or for a given outbreak. The ERS’s estimates, which have been used in cost-benefit and impact analyses, include assumptions about disease incidence, outcome severity, and medical and productivity costs.”
Currently the only pathogens available in the calculator are Salmonella and E. coli O157, however, the ERS is planning on adding Listeria, Campylobacter, and other strains of E. coli (non-0157 shiga toxin-producing E. coli such as ecoli 0111 and E. coli 0145). The types of costs taken into consideration by the USDA’s ERS include:
- Medical costs
- Time missed from work due to illness
- Cost of premature death
However, they do NOT include costs such as:
- Pain and suffering
- Travel
- Child care
A similar report released in March by The Produce Safety Project, an initiative of The Pew Charitable Trusts at Georgetown University, estimated much higher numbers, with a total cost of $152 billion per year for all pathogens, $14.6 billion for Salmonella and $993 million for E. coli 0157.
Guest Speaking on Food Poisoning Litigation
The Illinois Environmental Health Association has invited me to be guest speaker at the group’s Central Chapter Annual Education Conference May 13- 14. My speech is entitled, “Representing Foodborne Illness Survivors: How lawyers evaluate and prove foodborne illness claims.” 
I’m looking forward to it. Here’s a blurb that the association has prepared for attendees:
“We are extremely excited to have Fred Pritzker, president and founder of the national food safety law firm, Pritzker Olsen, P.A., in Minneapolis, Minnesota come speak to us about how lawyers evaluate and prove foodborne illness claims. Mr. Pritzker and members of his firm are frequent commentators on food safety issues and have been interviewed and profiled in a number of media outlets including the New York Times, Wall Street Journal and CNN.”
Fred Pritzker On Newsmakers
