Food SAfety Lawyer

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.

Pritzker Olsen Files Suit for Bison E. coli Victim

Our law office has issued a press release about a Colorado buffalo E. coli lawsuit we filed this week  in Jefferson County District Court with local counsel in Denver, Reilly Pozner LLC. This is the first lawsuit filed in connection with an outbreak of E. coli O157:H7 that the USDA and the Centers for Disease Control and Prevention (CDC) have associated with bison products recalled by Rocky Mountain Natural Meats of Henderson, Colo.

Keep in mind that the federal government bans E. coli O157:H7 from ground beef, but no similar prohibition or mandatory testing protocols are in place for bison.

GOLDEN, Colo.–(BUSINESS WIRE)–A woman from Lakewood, Colorado, who was hospitalized for an infection of E. coli O157:H7 after eating bison meat has filed a lawsuit against Rocky Mountain Natural Meats, Inc. of Henderson, Colorado, the processor of the meat.

The woman is represented by Pritzker Olsen law firm in the lawsuit filed by local counsel on July 8, 2010, in Jefferson County District Court. According to the complaint, the woman purchased the bison product at a King Soopers grocery store in Lakewood, Colorado.

Health officials used pulsed-field gel electrophoresis (PFGE) to confirm that the strain of E. coli that infected the woman was genetically indistinguishable from a strain isolated from other people in Colorado. According to the complaint, health officials then concluded that the woman was part of an E. coli O157:H7 outbreak linked to Rocky Mountain Natural Meats bison meat that now has six confirmed cases, five in Colorado and one in New York.

“This outbreak of E. coli O157:H7 linked to bison meat is a wake-up call,” said Fred Pritzker, the attorney representing the E. coli victim. “In the past and currently, bison meat has not been subject to the same E. coli O157:H7 testing requirements as ground beef. Many people assume that bison meat is safer than beef, but that reputation needs to be re-examined.”

In response to the outbreak investigation, Rocky Mountain Natural Meats recalled 66,000 pounds of ground buffalo and bison steaks on July 2 that it said may be contaminated with E. coli O157:H7, a potentially deadly bacterium that is banned in ground beef. The recalled meat was sold under the following brands: Great Range, Nature’s Rancher, The Buffalo Guys and Rocky Mountain Natural Meats.

“This outbreak and subsequent recall were preventable,” stated Pritzker. “It is in the best interest of consumers and the bison industry to require E. coli testing for bison products.”

Pritzker Olsen law firm represents individuals and families nationwide in cases involving foodborne illness. Attorney Fred Pritzker can be reached at 1-888-377-8900 (TOLL FREE). For more information, please see www.pritzkerlaw.com or foodpoisoning.pritzkerlaw.com. Pritzker Olsen offices are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesot

Subway Lawsuit to be Filed by Pritzker Olsen

The following press release will go out today from our office. This represents our second lawsuit against Subway this year in Illinois.

For Immediate Release

MINNEAPOLIS (Business Wire) — Food safety law firm Pritzker Olsen is preparing to file a lawsuit on behalf of a woman from central Illinois who was hospitalized in the Subway Salmonella Hvittingfoss outbreak.

The 52-year-old resident of Tazewell County is one of at least 97 people who have tested positive for the same strain of Salmonella in an outbreak linked to more than 40 Subway locations in 28 Illinois counties. Pritzker Olsen is in contact with other victims.

Attorney Fred Pritzker said the client ate an oven-roasted chicken sub on May 11 at the Subway on 603 Jackson Street in Morton, Illinois. She was hospitalized for several days after suffering gastroenteritis and cramping with severe vomiting.

“Our client ate a sandwich and ended up in the hospital.  This should never happen in our country,” Pritzker said. “Stringent sanitation requirements should be in place all along the food chain, and federal and state health officials should be given the authority and money needed to enforce the laws.  Large restaurant chains should require suppliers to regularly test for Salmonella and other dangerous pathogens.”

Pritzker Olsen is also representing victims of a shigellosis outbreak associated with the Subway restaurant in Lombard, Illinois.  The firm filed a lawsuit in March of this year on behalf of one of the victims, a resident of DuPage County, Illinois, who battled a severe Shigella infection for two weeks.  The Subway lawsuit alleges that the outbreak was caused by sick food handlers at the restaurant.

Although contaminated food was the source of this current outbreak linked to certain Subway restaurants in Illinois, health officials are concerned that sick food handlers may continue to spread Salmonella Hvittingfoss.  To prevent this, the Illinois Department of Public Health is requiring food handlers in 46 Subway restaurants to have two consecutive test results that are negative for Salmonella Hvittingfoss before being allowed to return to work.

For more information, visit http://www.pritzkerlaw.com or contact Pritzker Olsen law firm at 1-800-377-8900 (Toll Free). Pritzker Olsen offices are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402.

The Raw Milk Story in Wisconsin Keeps Churning

News photojournalist Mike Fisher interviewed me for an in-depth report on the aftermath of Wisconsin Governor Jim Doyle’s veto of a bill that would have legalized on-farm sales of raw milk and other unpasteurized dairy products.

His video aired this week on the NBC network affiliate NBC26 in Green Bay, Wisconsin.

Despite the uncontroverted scientific evidence that raw milk harbors E. coli O157:H7, Campylobacter, Salmonella and other potentially deadly pathogens, producers of raw milk and people who buy it are clamoring for a reversal of the ban.

I gave the reporter my insights based on all the families we represent who are in physical and emotional pain from bouts of infection caused by contaminated raw milk and other unpasteurized dairy products.

Here’s the NBC26 news clip:

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.

State Laws Vary in Recognizing Harms Suffered by Parents of Children with E. coli-induced HUS

Part of our job as food safety attorneys is to understand and explain the harms and losses – short and long-term – associated with foodborne illness. This means keeping abreast of the medical and scientific literature. But also, and more importantly, it means spending a lot of time with our clients and understanding their specific harms and losses.

Every case and every client is unique and deserves the benefit of a close attorney-client bond.

I recently wrote about the long-term prognosis for people who suffer hemolytic uremic syndrome (HUS) induced by E. coli O157:H7. This is because many people who suffer this devastating illness have life-long and very severe medical problems that show up long after the acute phase of the illness is over.

Many HUS victims are children. Their parents suffer along with them. The fear and uncertainty of loving a child with chronic medical problems is a constant stress that intrudes on the parents and siblings of a child with HUS.

A recent medical journal article supports the notion that the impact of HUS is not limited to the disease survivor. The paper, Emotional and Behavioral Changes in Parents of Children Affected by Hemolytic-Uremic Syndrome Associated With Verocytotoxin-Producing Escherichia Coli: A Qualitative Analysis, concludes:

This [data] demonstrated that intense emotional distress was commonplace at the 1-year follow-up, demonstrating that emotional strain is present long after the acute phase of the child’s illness. The finding that fear of unknown long-term repercussions, relapse, and reinfection were still causing distress and rumination 1 year later suggests that dealing with an infected child is chronic stress…

On a personal note, my wife and I are the parents of 25 year-old young man with a genetic disorder characterized by physical and cognitive challenges. Loving a child with medical issues is one of the most challenging problems faced by parents. It affects virtually every family decision and not a day goes by without its consequences reverberating throughout the home.

Are parents compensated for this emotional stress? From a legal standpoint that depends on the law of the state in which the illness occurred but, sadly, it’s not enough.

Many states only allow recovery for the diseased individual. Some allow recovery, but only in cases in which the parent was in the “zone of danger” (meaning they were at risk for injury as well).

Fewer still recognize the obvious harm and loss that parents suffer when their children face a life of medical problems related to HUS. It’s never right when common sense and the medical literature recognizes a problem for which the law offers little or no remedy.