Food SAfety Lawyer

The High Cost of E. coli and Salmonella Food Poisoning

e. coli lawsuit lawyerAmericans 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

salmonella lawsuitThe 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.

Young HUS Victim From Ohio Escaped Death

A young woman from Ashtabula, Ohio, has retained me to represent her in connection with a nearly fatal E. coli O157:H7 infection she suffered in connection with an outbreak and beef recall late last year by National Steak and Poultry Co. of Owasso, Oklahoma.

This outbreak involved blade- or needle-tenderized beef that few people realize carries an E. coli risk similar to hamburger. Our office issued this press release today to keep the issue in the public light:

FOR IMMEDIATE RELEASE

Cleveland, OH – (Business Wire) - Attorney Fred Pritzker has been retained by an 18 year-old woman from Ashtabula, Ohio who suffered E. coli O157:H7 poisoning and hemolytic uremic syndrome (HUS) linked to adulterated beef products recalled by National Steak and Poultry, an Owasso, Oklahoma meat processor. The young woman was hospitalized for weeks and almost died. She was on dialysis for months and now suffers from decreased kidney function and hypertension. She faces a lifetime of medical problems and medical bills that should have been prevented.

National Steak and Poultry recalled 248,000 pounds of beef products on December 24, 2009, following an investigation that found an association between the company’s steaks and an E. coli O157 outbreak in Ohio and other states.

The recalled beef products, so-called “non-intact beef products,” were mechanically tenderized. This usually involves putting rougher cuts of beef through a machine that utilizes a set of needles or blades which pierce the meat and break down connective tissue.

Unfortunately, this process is also known to push E. coli O157:H7 on the surface of the raw meat into its center (so-called “translocation”).  If the meat is then served rare or medium rare, its center is not heated sufficiently to kill off the E. coli O157:H7.

According to Fred Pritzker,  “This is at least the fourth E. coli O157:H7 outbreak associated with mechanically tenderized beef.”

“Meat companies and restaurants don’t warn consumers about mechanical tenderization and the dangers that go with it,” Pritzker said.  “They don’t want consumers to be able to make informed choices because they’re afraid it will hurt sales.”

According to Pritzker, this outbreak highlights the need for a number of changes including

  • Requiring producers to use microbiological decontamination technologies on meat products before mechanical tenderization
  • Requiring labeling changes that alert consumers to the existence of and dangers associated with mechanical tenderization
  • Creating and mandating public outreach programs alerting consumers to this practice

Attorney Fred Pritzker represents E. coli victims nationwide. He can be reached at 1-888-377-8900 (TOLL FREE).  His offices are in Minneapolis, Minnesota.

Freshway Foods Lettuce E. coli Outbreak Underscores Need for Food Safety Reforms

The Centers for Disease Control and Prevention freely admits that outbreaks of E. coli O145 go unreported because few clinical laboratories test for the pathogen even though it is every bit as dangerous as its toxic cousin, E. coli O157:H7.

The failure to test for the most common non-O157 E coli types, including E. coli O145, is one of the big reasons our office is calling for more federal regulation of lettuce and other fresh produce.

Here is how we addressed the issue in a Business Wire press release issued in conjunction with the Freshway Foods lettuce E. coli outbreak that has sickened at least 29 people in Michigan, Ohio and New York:

Freshway Foods Lettuce E coli Outbreak Prompts Pritzker Olsen to Call for More Regulation

MINNEAPOLIS (Business Wire) — National food safety law firm Pritzker Olsen is calling for more federal regulation and enforcement authority over leafy green vegetables produced for U.S. consumption.

The call to action is in response to the current outbreak of E. coli O145 in Ohio, Michigan and New York that health investigators have linked to shredded Romaine lettuce processed by Freshway Foods of Sidney, Ohio. The outbreak, which has sickened at least 19 people, including 12 who were hospitalized, is just the latest in a string of more than 20 outbreaks of disease from contaminated leafy greens since 1997.

Based on Freshway’s recall of Romaine lettuce, potentially contaminated lettuce was distributed to food service outlets, including restaurants and delis, in some two dozen states east of the Mississippi River. The potential for a more sweeping outbreak was great because the produce industry is rife with food safety gaps.

“Leafy greens are chronically contaminated with disease-causing organisms in this country and there are scant protections,” said Attorney Fred Pritzker. “Families deserve a reliable food safety system that ends this threat.”

Pritzker’s firm has represented individuals who have been made gravely ill by E. coli in leafy greens, including victims of the deadly 2006 spinach E. coli outbreak that still stands as the country’s biggest and most costly. An industry-led marketing agreement with the California Department of Food and Agriculture was implemented in 2007 to establish a standard of best practices, but this voluntary framework is not enough.

The FDA and USDA should now develop a formal program devoted exclusively to regulating leafy greens and other fresh produce with mandated controls against pathogens from farm to fork. The protocols should include testing for E. coli O145 and the five other most common types of non-O157 Shiga toxin producing E. coli organisms. Despite acknowledgement of this gap by the CDC, these non-O157 E. coli types are currently ignored by regulation.

The FDA has acknowledged in the past that it has not yet been able to conduct work crucial to keeping E. coli and other pathogens out of fresh produce because it has lacked the resources to do so. It is now time for Congress to include the needed appropriations. Specifically, domestic fresh produce firms and leafy green imports require far greater inspection.

The Pritzker Olsen law firm, headquartered in Minneapolis, MN, represents E. coli victims nationwide. The firm has obtained some of the largest verdicts and settlements in foodborne illness cases. Attorney Fred Pritzker can be reached at 1-888-377-8900 (TOLL FREE).

FOR IMMEDIATE RELEASE
Contact: Fred Pritzker
Phone: 612-338-0202
Toll Free: 888-377-8900
Email: fhp@pritzkerlaw.com
Website: http://www.pritzkerlaw.com

Let’s Start Protecting Against Non-O157 E. coli

This press release is going out from our office today. The university E. coli outbreak in Ohio, Michigan and New York is a timely opportunity to return this issue to the spotlight. The current outbreak involves E. coli O145.

FOR IMMEDIATE RELEASE

MINNEAPOLIS — April 30, 2010 — National food safety law firm Pritzker Olsen has learned that ground beef is not high on the list of foods suspected of causing an outbreak of E. coli O145 in Michigan, Ohio and New York, where approximately 50 university students and other people are believed to be infected.

Health investigators are looking for a cause that likely comes from a shared foodservice supplier or foodservice item at Ohio State University, University of Michigan and Daemen College, said Fred Pritzker, founder and president of the firm.

But regardless of what food ultimately is confirmed as the cause, Pritzker Olsen is calling on USDA to immediately take steps to broaden E. coli protections where beef is slaughtered and processed. Contaminated ground beef is currently the most common source of E. coli infection.

E. coli O157:H7 is the single most prevalent type of E. coli in U.S. food poisoning cases. As such, it was declared an adulterant in ground beef in 1994, making tainted ground beef illegal to sell and requiring industry to test for the pathogen.

But in 16 years since then, USDA’s Food Safety and Inspection Service (FSIS) has failed to put adulterant labels on six additional strains of shiga-toxin producing E. coli (STEC); E. coli O145, 045, 0121, 0103, 026 and O111. In addition, the agency has not acted on a public petition to deem all beef products adulterated if contaminated with E. coli organisms — not just ground beef and cuts intended for ground beef as regulations now state.

Pritzker said the university outbreak of E. coli O145 is a powerful reminder that it’s time for the USDA to take a major step forward in keeping potentially deadly E. coli forms out of the U.S. beef supply.

“Non-O157 STECs are every bit as hazardous as E. coli O157:H7 and they all need to be regulated,” said Pritzker, whose many current food poisoning clients include a survivor of E. coli O111.  “Another public health disaster shouldn’t be required in order for change to take place.”

The CDC estimates that non-0157 STECs cause 36,700 illnesses, 1,100 hospitalizations and 30 deaths in America each year. These strains can cause hemolytic uremic syndrome (HUS), thrombotic thrombocytopenic purpura (TTP), kidney failure, and E. coli death, just like the O157 strain.

Pritzker Olsen law firm, headquartered in Minneapolis, MN, represents individuals and families nationwide in cases involving foodborne illness. The firm is involved in virtually every major foodborne illness outbreak and has obtained some of the largest verdicts and settlements in foodborne illness cases. Attorney Fred Pritzker can be reached at 1-888-377-8900 (TOLL FREE).

Pritzker Olsen Files Campylobacter Lawsuit on Behalf of Raw Milk Consumers

Using local counsel in Pennsylvania, our law firm is representing James and Maureen Orchard in a lawsuit against a dairy in New Castle, Pa., that health officials discovered sold raw milk contaminated with Campylobacter. Mrs. Orchard became seriously sick and sore and Mr. Orchard is paralyzed as a result of his infection. He developed Guillain-Barre Syndrome and is now under intensive hospital care, breathing through a respirator.

Here is a press release that went out today on the filing made in the Court of Common Pleas in Allegheney County:

For Immediate Release

MINNEAPOLIS (Business Wire)Pritzker Olsen law firm has filed a lawsuit through its local counsel on behalf of James and Maureen Orchard, a Pittsburgh-area couple sickened last month by Campylobacter after drinking raw milk produced by Pasture Maid Creamery LLC of New Castle, Pennsylvania.

The Pasture Maid Creamery lawsuit was filed today in the Court of Common Pleas in Allegheney County.  It alleges that 67-year-old James Orchard became paralyzed from a Campylobacter infection he suffered from unpasteurized Pasture Maid milk that health investigators later found to be contaminated.

According to the complaint, Mr. Orchard and his wife purchased the milk March 16 from McGinnis Sisters Special Foods store in Mars, Pennsylvania. The retailer is named in the suit along with the creamery and its owner, Adam Dean.

While Mrs. Orchard became seriously sick and sore, her husband began to experience a loss of sensation and movement. As his infection developed into Guillain-Barre syndrome, he became totally paralyzed except for minimal movement of his head and the ability to blink his eyes. He was placed on ventilation equipment and is still unable to breathe on his own in a Pittsburgh area hospital. Mr. Orchard requires around the clock intensive care.

Fred Pritzker, the Orchards’ attorney said, “Raw milk is a dangerous product that should not be sold to the public. Virtually every health department, federal, state and local, recommends against its use. It is particularly dangerous for young children, people with compromised immune systems and the elderly. This case tragically illustrates how unsafe raw milk is.”

According to the complaint, the Pennsylvania Department of Health found Campylobacter bacteria in raw milk samples from Pasture Maid.  On March 25, 2010, the Pennsylvania Departments of Health and Agriculture advised consumers to discard Pasture Maid brand raw milk and recommended that Pasture Maid Creamery stop selling the product. On April 5, 2010, the Pennsylvania Department of Agriculture suspended Pasture Maid’s permit to sell raw milk for human consumption.

Raw milk is milk that has not been pasteurized. Pasteurization, a “kill step,” destroys pathogens like Campylobacter and E. coli O157:H7 with high heat.

Pritzker Olsen law firm, headquartered in Minneapolis, MN, represents individuals and families nationwide in cases involving foodborne illness. The firm is involved in virtually every major foodborne illness outbreak and has obtained some of the largest verdicts and settlements in foodborne illness cases. Attorney Fred Pritzker can be reached at 1-888-377-8900 (TOLL FREE).

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.”

Man Paralyzed with Guillain-Barré after Drinking Raw Milk Contaminated with Campylobacter

Last week I was retained by the family of a Pittsburgh-area man on life support after consuming raw milk adulterated with Campylobacter bacteria.

My client was diagnosed with Guillain-Barré syndrome (GBS), a severe complication of a Campylobacter infection in which the body’s immune system attacks part of the peripheral nervous system. Except for minimal head and eye movement, he is totally paralyzed.

Several days prior to the onset of his illness, my client consumed raw milk purchased at the McGinnis Sisters Special Foods Store in Mars, PA on March 16, 2010. The raw milk was produced by Dean Farms doing business as Pasture Maid, LLC, a creamery located in New Castle, PA.

According to a recent press release from the Pennsylvania Department of Agriculture, “the permit for Pasture Maid Creamery in New Castle, Lawrence County, to sell raw milk for human consumption was suspended April 5 after testing found Campylobacter in its raw milk samples.”

Stool samples obtained from my client also tested positive for Campylobacter. Milk from the bottles produced by Dean Farms doing business as Pasture Maid, LLC and purchased at the McGinnis Sisters store tested positive for the pathogen as well.

The fact that the Pennsylvania Department of Agriculture obtained positive samples from Pasture Maid at about the same time Mr. Orchard became ill coupled with his positive stool and milk samples makes the chain of causation very strong.

This was not the first time Pasture Maid drew the attention of Pennsylvania officials. Just a year earlier, in February 2009, the Pennsylvania Departments of Health and Agriculture advised consumers who purchased raw milk from Dean Farms DBA Pasture Maid Creamery, LLC, to immediately discard raw milk purchased there due to potential bacterial infection.

Although some organizations and individuals fervently believe in the benefits of raw milk consumption, scientists and food safety advocates are virtually united in condemning its sale to the public. Promoting the consumption of raw milk is the equivalent of promoting consumption of raw hamburger. It’s irresponsible and dangerous, no matter what advocates claim.

A summons and complaint brought on behalf of the Orchard family will be served and filed on Dean Farms DBA Pasture Maid Creamery, LLC and McGinnis Food Center, Inc. DBA McGinnis Sisters Special Food Stores in the next few days. Companies that sell unsafe products have to be held accountable for the harms and losses they cause.