Trust for America’s Health (TFAH) and the Robert Wood Johnson Foundation have issued their eighth annual report, Ready or Not? Protecting the Public from Diseases, Disasters, and Bioterrorism, which warns that financial woes threaten recent gains made in public health protection. According to a December 14, 2010, TFAH press release, no state scored lower than five on 10 key indicators of public health preparedness, with three states scoring a perfect 10. But the report also cautioned that these developments are now “in real jeopardy due to severe budget cuts by federal, state, and local governments.” In particular, TFAH noted that “10 states do not have an electronic syndromic surveillance system that can report and exchange information to rapidly detect disease outbreaks,” while “21 states were not able to rapidly identify disease-causing E.coli O157:H7 and submit the lab results in 90 percent of cases within four days.” The report also identified “ongoing major…
Tag Archives E. coli
According to a news source, a small claims court in California has exonerated two seafood restaurant supervisors for alleged negligence in the case of the exploding escargot. More details about the case appear in Issue 373 of this Update. In a two-page ruling, the court apparently determined, “There was absolutely no evidence whatsoever on what caused the escargot to spontaneously splatter grease upon being touched by the plaintiffs. There was no evidence that Seafood Peddler did not exercise reasonable care in the preparation or service of the escargot.” The court also opined that diners should have a “reasonable expectation” of injury “due to hot grease in orders of escargot which are prepared and served with ‘hot garlic butter.’” Pleased with the ruling, the restaurant’s owner reportedly noted that orders for escargot have surged since news about the lawsuit became public. See Marin Independent Journal, December 15, 2010. The Third Circuit Court…
A recent National Research Council (NRC) report has apparently found no scientific evidence to support “more stringent testing of meat purchased through the government’s ground beef purchase program,” which distributes products to the National School Lunch Program and other public outlets. According to a December 9, 2010, National Academies press release, the U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) purchases ground beef from suppliers “who must meet mandatory process, quality, traceback, and handling controls as well as comply with strict limitations on the amounts of bacteria in the meat, such as E. coli and salmonella.” To assess this program, the National Academies established a committee to review the scientific basis of AMS’s ground beef safety standards, evaluate how these standards compare to those used by large retail and commercial purchasers, and recommend possible improvements to the federal system. The committee evidently found that AMS’s “scientific basis for the current…
Representative Rosa DeLauro (D-Conn.) has introduced a bill (H.R. 6024) that would require stricter testing procedures designed to eradicate “the dangerous Shiga toxin-producing E. coli bacteria” from meat and meat-processing facilities. The E. coli Traceability and Eradication Act would also establish a tracking procedure to enable the Department of Agriculture (USDA) to implement faster recalls. According to a DeLauro press statement, the proposal would require meat, slaughterhouse and grinding facilities to have ground beef and “beef trim” tested multiple times throughout the manufacturing process by an independent USDA-certified testing facility. In the event E. coli were detected, the bill would require the slaughter facility to immediately report contamination to USDA. The agency would then test the facility’s products for 15 consecutive days following the positive test and establish a “traceback procedure” to the original source of contamination for quicker product recalls and illness prevention. “By the end of this year, an estimated…
A Wisconsin organic farm was reportedly scheduled to argue in court this week that state restrictions on the sale of raw milk do not apply where the sales are made to consumers who are part owners of the farm. While the legislature recently attempted to change a law that regulators contend allows incidental raw milk sales only, the state calls the farm’s sales in excess of $80,000 yearly to consumers, who each own a $10 share in the farm, well beyond what the law allows. Wisconsin’s governor vetoed the popular bill, which would have allowed on farm raw milk sales, apparently concerned that E. coli outbreaks purportedly linked to consumption of the unpasteurized product could affect the state’s entire dairy industry. Raw milk proponents dispute that any such link exists. Meanwhile, public health officials investigating a recent E. coli outbreak that has allegedly sickened eight Minnesota residents including school-aged children…
A federal magistrate in New York has recommended that the district court deny the class certification motion filed by plaintiffs who allege either personal or economic injury from the purchase of frozen ground beef products purportedly tainted with E. coli. Patton v. Topps Meat Co., No. 07-654 (W.D.N.Y., recommendation entered May 27, 2010). The defendants include the meat processor and a number of retailers, and the claims are based on a 2007 recall involving more than 20 million pounds of ground beef. Forty cases of E. coli infection in eight states were allegedly traced to the product. The plaintiffs sought to certify two nationwide classes of those who consumed the product and have personal injury claims and those who purchased the products subject to the recall and allege economic losses. Because specific causation, that is, “whether the contaminated meat caused the personal injuries of the individual class members,” would require an…
Senator Kirsten Gillibrand (D-N.Y.) has introduced a bill that would regulate six confirmed strains of E. coli that have largely been ignored given the notoriety of recalls involving meat and produce contaminated with E. coli O157:H7. Referred to by the Centers for Disease Control and Prevention as non-0157 STECs, the six strains are apparently estimated to cause 36,700 illnesses, 1,100 hospitalizations and 30 deaths in the United States annually. In a May 27, 2010, statement, Gillibrand indicated that these strains are increasingly found in imported beef, which is not checked for the unregulated non-0157 STECs. One of the six strains was implicated in the recent outbreak linked to tainted romaine lettuce; that outbreak reportedly sent three teenagers to the hospital with kidney failure. According to a news source, the U.S. Department of Agriculture regulated the lesser-known E. coli strains for three years, but industry has resisted regulation contending that the…
A woman featured in a 2009 New York Times article that was part of a Pulitzer Prize-winning series on food safety has reportedly settled her claims against Cargill, Inc., which allegedly produced the E. coli-contaminated hamburger that left her paralyzed with neurological problems and kidney damage. Represented by plaintiffs’ attorney William Marler, Stephanie Smith is a former dance instructor now confined to a wheelchair. Marler claimed that her medical bills have already totaled more than $2 million and that she will require additional rehabilitation and multiple transplants. The terms of the settlement, which must be approved by a court, are apparently confidential. Marler was quoted as saying, “Stephanie’s tragedy has taken on a life of its own, and hopefully it will continue to focus people on why food safety is important.” Cargill reportedly said in a joint statement that it “deeply regrets” her injuries and has invested in excess of…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) held a March 10, 2010, public meeting to discuss agency procedures “for identifying suppliers of source material used to produce raw beef product that FSIS has found positive for Escherichia coli (E. coli) O157:H7.” FSIS announced the meeting as part of its ongoing efforts to evaluate “the effectiveness of its policies and procedures in responding to findings that raw beef is positive for E. coli O157:H7.” In particular, FSIS intends to issue “new instructions to Enforcement, Investigations, and Analysis Officers (EIAOs) to conduct additional verification activities at suppliers in response to positive E. coli O157:H7 results.” The agency will accept public input on these issues until May 7, 2010. See FSIS Press Release, March 3, 2010; Federal Register, March 8, 2010.
Cargill, Inc. has reportedly responded to a $100 million lawsuit by admitting that a beef patty it manufactured contained E. coli and caused plaintiff Stephanie Smith’s debilitating injuries. While not contesting strict liability, the company is denying that it was negligent. Its suppliers apparently certified that the product had been tested for E. coli and that all the tests were negative. The company also reportedly included in its response that its products are inspected by the U.S. Department of Agriculture and that federal law requires meat products to be labeled with warnings that meat may contain bacteria that will cause illness if not properly cooked. Smith, who is confined to a wheelchair and was profiled in a New York Times article, is represented by food lawyer William Marler. He was quoted as saying, “Never in my 23 years have I seen a food company admit liability out of the box…
