Below is an excerpt from the radio program:

“The level of prosecution in food-borne illness cases is practically nil,” said Fred Pritzker, a Minneapolis attorney who specializes in seeking damages for food contamination victims.

“In all the years that I’ve been doing this I have yet to see a manufacturer, producer, actually prosecuted and convicted for any outbreaks,” he said.

The most recent example is the salmonella-contaminated food products sold two years ago by the Peanut Corporation of America, Pritzker said. Nine deaths and hundreds of illnesses are attributed to its tainted peanut butter and other items.

Pritzker represented the families of three Minnesota residents killed in the outbreak. He said even though emails show company officials knew the peanut butter could be contaminated, a two-year federal criminal probe has failed to indict anyone.

“If that case doesn’t get prosecuted then really I think it’s sending the signal that they’re not going to do much of anything unless somebody basically says ‘I want to harm someone’,” he said.

Pritzker said prosecutors are reluctant to tackle cases unless they can win big sentences. In some cases food law only provides misdemeanor penalties.

A proposed law in Congress would change that. Co-sponsored by Minnesota Senators Klobuchar and Franken, it would impose felony sentences on anyone who knowingly contaminates the food supply.

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.

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.”

Minneapolis, MN (PRWEB) March 31, 2010 — National food safety lawyer Fred Pritzker is calling on the Wisconsin legislature to kill a bill that would allow public sale of unpasteurized milk.

The Wisconsin bill that would allow raw milk sales direct from farms licensed by the state runs counter to what the Food and Drug Administration and the Centers for Disease Control and Prevention have been warning for decades: Raw milk is a health hazard that can cause serious illness and wrongful death.

“This legislation would not only allow a dangerous product into the stream of commerce, some proponents want the bill to carve out almost all liability for raw milk producers,” said Pritzker, a leading food poisoning attorney who has represented victims of contaminated raw milk. “This would be virtually unprecedented and dangerous. If supporters think raw milk is so safe, why do they want immunity from lawsuits?”

Even if the bill moves forward without the immunity clause, America’s Dairyland would be setting a shameful example for the rest of the country by passing a law that its own public health officials have labeled as irresponsible, Pritzker said.

With microscopic fecal contamination from cows unchecked by pasteurization, outbreaks of foodborne illness linked to raw milk are inevitable.

Less than a week ago, FDA alerted consumers to a raw milk Campylobacter outbreak in Michigan associated with products from Forest Grove Dairy in Middlebury, Indiana. At least 24 people have been sickened in the outbreak and state epidemiologists from Michigan, Illinois and Indiana have been joined by FDA in their investigation of the outbreak.

The federal agency said in its latest consumer alert that contaminated raw milk was to blame for 1,614 illnesses in the U.S. from 1998 to 2008. Two of the victims died and 187 were hospitalized.

The FDA advisory said harmful bacteria in raw milk is especially dangerous for pregnant women, young children, the elderly and people with weakened immune systems. Besides Campylobacter, raw milk can carry E. coli O157:H7, Salmonella or other potentially lethal pathogens spread by the feces of cows.

“It’s irresponsible for the Wisconsin legislature to give farmers the choice of selling raw milk when science has proven that raw milk is no more nutritious than pasteurized milk,” Pritzker said. “It’s a trap that will inflict an enormous toll on families who are certain to be stricken by illness.”

Mr. Pritzker is a nationally recognized food safety lawyer who has represented victims in practically every major outbreak of food poisoning in the U.S. He has recovered millions for victims of campylobacteriosis and other foodborne diseases.

For more information, contact Fred Pritzker at 1-888-377-8900 (TOLL FREE) or 612-338-0202, email Fred at fhp@pritzkerlaw.com or visit our website, www.pritzkerlaw.com. The firm represents food poisoning victims nationwide and has offices at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, MN.

MINNEAPOLIS — Through litigation and new laws, there is a lot of room for improvement when it comes to the safety of American food. In the past several years, pathogens such as Salmonella and E. coli O157:H7 have caused outbreaks associated with many types of food, including spinach, peanut butter, cookie dough, spices and meat. An estimated 76 million people annually become sick in these types of foodborne illness outbreaks, according to the Centers for Disease Control and Prevention (CDC).

“Frankly we’re having too many outbreaks; too many people are becoming sickened by foodborne illness and I think we are long overdue in making some changes,” said food safety lawyer Fred Pritzker in an interview with Comcast Newsmakers.

Those changes are hopefully on their way, he says, in the form of legislation coalescing into two major food safety bills—one in the U.S. House of Representatives that has already passed and one in the Senate that’s expected to be taken up some time during 2010. These bills, if passed, would constitute Congress’s first major food safety legislation in nearly 70 years.

Money, manpower and the implementation of comprehensive rules are some of the key elements Pritzker says legislators need to consider in their food safety reform efforts.

The ability to trace pathogens back to the source of contamination is also essential, he says, as is the Food and Drug Administration’s ability to order a recall, which the agency currently can’t do. Both the House and Senate versions of the bill would grant the FDA the authority to recall contaminated foods, rather than relying on the food producer to voluntarily issue the recall, as well as increase the rate of inspection for food producers.

Lawsuits that hold food producers accountable for the safety of their products also play a part in shaping food safety policies and procedures, Pritzker says.

“Just as product liability litigation made cars safer, litigation makes food safer,” Pritzker said. “Companies don’t want to risk liability and therefore they’re incentivized to a great extent to make food safety a greater priority because otherwise they’re going to pay for it.”

Fred Pritzker is founder and president of Minneapolis, Minn. – based Pritzker Olsen Attorneys, one of the few law firms in the United States that practices extensively in the area of foodborne illness litigation. The firm has collected millions of dollars on behalf of victims of food poisoning. For more information, visit our web site or call 1-888-377-8900. Pritzker Olsen has offices at Plaza VII Building, Suite 2950, 45 S. Seventh St., Minneapolis, MN 55402.

For example, just one incident, the 2006 California baby spinach outbreak, caused 205 confirmed illnesses and three deaths. In the face of intense pressure to reform following that outbreak, California growers adopted voluntary standards that were touted as a significant food safety improvement.

But one has to wonder how far we have come based on the results of a new Consumer Reports  study of various pre-washed, packaged salad greens.

As reported in the March 2010 issue,  Consumer Reports product testers found unacceptable concentrations of  fecal contamination and other bacteria when sampling 208 containers representing 16 different brands purchased at stores in Connecticut, New Jersey, and New York.

“Several industry experts we consulted suggested that for leafy greens, an unacceptable level of total coliforms or enterococcus is 10,000 or more colony forming units per gram (CFU/g) or a comparable estimate. In our tests, 39 percent of samples exceeded that level for total coliforms and 23 percent for enterococcus,” the report said.

While this relatively small sample did not uncover traces of E. coli O157:H7, Salmonella or Listeria, the coliforms and enterococcus are often used to gauge possible pathogen contamination.

Packages with higher bacteria levels had similarities, the report said. Many contained spinach and were one to five days from their use-by date. Packages six to eight days from their use-by date fared better.

The sample included greens packed in plastic clamsells and bags, which made no difference. Nor did it matter if the packages contained “baby” greens, or were organic.

Since 1993, at least 20 E. coli O157:H7 outbreaks have been traced to California-grown leafy greens – primarily lettuce and spinach. Most of these outbreaks involved packaged product that, despite several chlorinated washes, contained sufficient numbers of E. coli O157:H7 to cause infection at the time of consumption.

Based on the Consumer Reports research, it’s only a matter of time before we get hit again.

The late Nellie Napier: Beloved mother, grandmother and baseball fan

By that I mean we are still waiting for criminal charges to be filed against principals of the company, which is now defunct. When state and federal investigators linked the company to the outbreak, production ceased and the company was quickly liquidated.

To be sure, there will be money for the survivors of this outbreak when litigation is settled. We are making sure of that as a leading plaintiffs’ law firm.

But in this case — where there was evidence that company officials had prior knowledge of a dangerous human pathogen but continued to manufacture and sell product — victims and their families want criminal sanctions.

We at Pritzker Olsen are well aware of the personal anguish families encountered. We filed the first wrongful death lawsuit in this outbreak, which was one of America’s largest ever  known food poisoning disasters.

Our national food safety law firm represents the families of a third of those who died: Shirley Mae Almer, Doris Flatgard, both of Minnesota,  and Nellie Napier of Ohio.

As  advocates for victims, we believe strongly that outbreaks like this are preventable. Prevention starts with accountability by those who make a profit selling food. Criminal charges in this case would set an example that the penalty for willful neglect transcends money.

Too often it has been the case that outbreaks have festered  with the agency unable to accurately and quickly trace matching illnesses to a common source of contaminated food. The 2008-2009 Salmonella Typhimurium outbreak caused by Peanut Corporation of America is the latest example. Nine people died in the outbreak, including three whose families are represented by our national food safety law firm, Pritzker Olsen Attorneys.

Now the Office of Inspector General (OIG) for the Department of Health and Human Services has issued a report that attributes part of the problem to a failure of FDA’s 4-year-old Food Facility Registry. The system is supposed to help FDA investigators quickly locate domestic food facilities for inspection during an outbreak.

But OIG inspectors found that almost half of the 130 food facilities they questioned failed to provide accurate information for the registry.

The inspectors also found that 7 percent of selected facilities either failed to register or failed to cancel their registration, as required. Their report said FDA’s regulations do not ensure that the registry contains certain information that may be needed to locate a facility in an emergency.

Specifically, 30 facilities did not provide accurate contact information for the facilities, 26 facilities did not provide an accurate emergency contact phone number, 20 facilities did not provide accurate contact information for the owner or operator, and 14 facilities did not provide accurate contact information for their parent company.

The report said the FDA generally agrees with OIG recommendations to seek additional authority under the law to compel registrations and issue daily fines to violators. The registry should also start to include an up-to-date  listing of who to contact in an emergency, the report said.

The inspector general’s latest report on FDA’s Food Facility Registry is part of an overall body of work on food safety that will include additional investigations. Nine moths ago, the OIG issued a report about its attempt to trace the path of 40 food products through the supply chain. Traceback investigations are crucial to effectively pinpoint which food is making people sick in an outbreak of E. coli, Salmonella or other human pathogen.

The OIG report said that only 5 of the 40 food products it purchased could be traced through each stage of the food supply chain. That report on the traceability of contaminated food also found that 59 percent of selected food facilities did not comply with FDA’s record-keeping requirement.

This is important when considering case counts in the midst of an outbreak investigation. Public health officials will sometimes announce an outbreak even if there are only one or two confirmed matches between a food source and an illness.

If officials say the investigation is continuing, usually that means the number of confirmed cases in an outbreak will grow because of the lag time between a person consuming the bacteria and health officials positively confirming an outbreak case of E. coli O157:H7 through DNA fingerprinting.

According to the Centers for Disease Control and Prevention (CDC), here’s a breakdown of the timeline and how long each step can take:

• Incubation time: The time from eating the contaminated food to the beginning of symptoms. For E. coli O157, this is typically 3-4 days.
• Time to treatment: The time from the first symptom until the person seeks medical care, when a diarrhea sample is collected for laboratory testing. This time lag may be 1-5 days.
• Time to diagnosis: The time from when a person gives a sample to when E. coli O157 is obtained from it in a laboratory. This may be 1-3 days from the time the sample is received in the laboratory.
• Sample shipping time: The time required to ship the bacteria from the laboratory to the state public health authorities that will perform “DNA fingerprinting”. This may take 0-7 days depending on transportation arrangements within a state and the distance between the clinical laboratory and public health department.
• Time to “DNA fingerprinting”: The time required for the state public health authorities to perform “DNA fingerprinting” on the E. coli O157 and compare it with the outbreak pattern. Ideally this can be accomplished in 1 day. However, many public health laboratories have limited staff and space, and experience multiple emergencies at the same time. Thus, the process may take 1-4 days.

The result? Thirty-four confirmed cases of Hep A, including 14 people who were hospitalized this summer. Another 5,366 customers of the McDonald’s restaurant heeded a warning that stemmed from the outbreak by getting shots of prophylaxis to reduce their chances of infection. Up to 10,000 people were exposed to the disease.

Those are findings from the Illinois Department of Health report on the Milan McDonald’s hepatitis outbreak from June 11 through August 10. Not one, but two food handlers at the restaurant had Hepatitis A. The second one wasn’t diagnosed until July 15 — the day health officials “advised” closing the place for retraining and deep cleaning. But that worker also was handling bread while wearing no gloves.

From my experience handling hundreds of food poisoning cases for victims, Hep A outbreaks involving restaurants are all too common. They usually involve failure to train and supervise employees regarding proper hand washing — which the health department in Illinois substantiates happened in this case.

The report’s words, not mine: “If the first employee with hepatitis A had used proper hand washing technique while working the transmission of hepatitis A through food would not have occurred. ”

The underlying problem concerns the economics of fast food restaurants. Low paid workers who receive few if any benefits usually cannot afford to miss work. In this case, the first sick handler worked June 28-July 29 while she was infectious. Those dates match the dates of onset of 28 of the 34 confirmed illnesses.

Sick workers handling food sold to the public is a prescription for disaster.