E Coli Lawyer & Attorney : Marler Clark Law Firm : E. coli Blog

It is always at this point in a Big Beef recall that some corporate suit makes a statement that sounds like it was given after they were worked over by a homicide detective:

"It's on ground beef products in a Styrofoam tray with clear cellophane over it," Kroger spokeswoman Meghan Glynn said this morning. "It could have been purchased in cases or over the service counter.

Gee, we are glad someone is coming clean.  Kroger expanded its recall to include:

• Kroger's Mid-Atlantic division, which includes stores in North Carolina, northeastern Tennessee, Virginia and West Virginia, with "sell by" dates of May 19-June 6.

• Fry's, Ralphs and Smiths stores ground beef with "sell by" dates of May 21-July 3.

• Baker's stores with "sell by" dates of May 17-June 4.

• King Soopers and City Market stores with "sell by" dates of June 20-July 3.

See the Cincinnati Enquirer's "Kroger broadens beef recall" online here.

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Omaha's notorious Nebraska Beef is responsible for a new Class 1, High Health risk recall of 531,707 pounds of "ground beef components" that may be contaminated with E. coli 0157:H7.

The U.S. Department of Agriculture's Food Safety and Inspection Service made the announcement late Monday.

The E. coli tainted Nebraska Beef was discovered by FSIS through traceback investigations and ground beef samples collected from two federally inspected establishments positive for E. coli O157:H7, as well as multiple samples of Kroger brand ground beef positive for E. coli O157:H7, with matching pulsed-field gel electrophoresis (PFGE) patterns.

FSIS is continuing its investigation into any products that may be contaminated with E. coli O157:H7 or that are associated with illnesses and will take appropriate action when necessary.

Kroger brand ground beef samples were collected by the Michigan and Ohio Departments of Agriculture and Health from patients in Michigan and Ohio. Nebraska Beef, Ltd., was identified as a common supplier to those stores in addition to two federally inspected establishments where FSIS obtained a positive ground beef sample that was matched to the outbreak strain identified in Michigan and Ohio.

The epidemiological investigations and a case control study conducted by the Michigan and Ohio Departments of Agriculture and Health and the Centers for Disease Control and Prevention determined that there is an association between the ground beef products and 35 illnesses reported in Michigan (17) and Ohio (18). The illnesses were linked through the epidemiological investigation and by their PFGE pattern, or DNA fingerprint, found in PulseNet, a database maintained by the Centers for Disease Control and Prevention.

Also as a result of the investigation, on June 25 FSIS announced a recall of ground beef products sold at Kroger retail establishments in Michigan and Central and Northwestern Ohio Kroger retail establishments.

The following products subject to recall include:

• Combo bins of "Coleman 75/25 Trim." The shipping containers bear the case code "38097," and were produced on June 17. These products were sent to an establishment in Colorado for further processing.
• Combo Bins of "Coleman Plate Navel Combo." The shipping containers bear the case code "38044," and were produced on June 17 and 24. These products were sent to an establishment in Texas for further processing.
• 60-pound boxes of "Nebraska Beef, Beef Chuck." The boxes bear the case code "10260," and were produced on May 19. These products were distributed to wholesalers in Illinois, Michigan, New York and Pennsylvania.
• 60-pound boxes of "Nebraska Beef, Beef Chuck." The boxes bear the case code "10263," and were produced on May 19. These products were distributed to wholesalers in New York.
• 60-pound boxes of "Nebraska Beef, Beef Knuckle." The boxes bear the case code "46140," and were produced on June 9. These products were distributed to wholesalers in Illinois and New York.

• 60-pound boxes of "Nebraska Beef, Beef Clod." The boxes bear the case code "13060," and were produced on June 9. These products were distributed to wholesalers in Illinois.

The complete FSIS recall information can be found here.   Keep reading for more below.

Continue Reading...

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The first E. coli lawsuit in the Ohio and Michigan E. coli outbreak was filed today in the Court of Common Pleas in Franklin County, Ohio against Kroger and its as yet unidentified meat supplier (“John Doe”).  The complaint was filed by Marler Clark attorneys on behalf of a New Albany resident who was infected with the toxic E. coli strain O157:H7 after eating ground beef purchased from a Dublin, Ohio Kroger.

The lawsuit states that the plaintiff purchased beef patties from the Kroger at 7100 Perimeter Loop Road in Dublin on June 4.  She cooked and consumed the beef that same day.  She began feeling ill on June 8, and over the next two days her symptoms became increasingly severe.  By June 10, she was experiencing intense nausea, vomiting, diarrhea, and abdominal cramps.  She was admitted to the hospital, where she tested positive for E. coli O157:H7.  She was released on June 12, and continues to recover from her illness.

E. coli illnesses began showing up in central Ohio in mid-June.  This was paralleled by a sharp increase in E. coli cases in Michigan.  By June 20, officials had genetically linked many of the Ohio and Michigan cases; the days that followed, the outbreak was traced to ground beef from Kroger stores.  With illnesses nearing 30, Kroger initiated a voluntary recall on June 25.  The products subject to recall include all varieties and weights of ground beef products bearing a Kroger label sold between May 21 and June 8 at Michigan stores, as well as Kroger stores in Columbus and Toledo, Ohio.  These ground beef products are marked with a sell-by date between 05/21/08 and 06/08/08.

Since the spring of 2007 over 34 million pounds of E. coli contaminated beef has been recalled by different companies.  Kroger has recalled beef and beef products at least five times over the last seven years:

•  2001: Excel Corporation of Newnan, GA recalled 190,000 pounds of fresh ground beef and pork that had been distributed to Kroger stores in Alabama, Georgia, Kentucky, South Carolina, and Tennessee.
•  2002: Kroger stores in 18 states recalled ConAgra ground beef products. In all, 18.6 million pounds of beef was recalled.  45 People in 23 states became ill with E. coli from the tainted meat. One woman in Ohio died.
•  2002 - One store in Arkansas recalled 240 pounds ground beef, no illnesses.
•  2003: Green Bay Dressed Beef doing business as American Foods Group recalled 106,000 pounds of fresh and frozen ground beef products distributed under the Kroger logo.
•  2007 - United Food Group recalled 5.7 million pounds of beef, including ground beef sold at Kroger.

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As of 4 pm on June 27, the Michigan Department of Community Health has confirmed 17 E. coli O157:H7 cases that are genetically linked and over half of those cases have either prepared or consumed hamburger meat from Kroger. 11 of these cases required hospitalization. The 17 genetically linked cases, E. coli O157:H7, are present in seven Michigan counties including Eaton (1), Macomb (3), Washtenaw (4), Saginaw (1), Genesee (1), Wayne (3) and Oakland (4). In addition there are 8 other cases under investigation.

The Ohio Department of Health is reporting 22 confirmed and probable cases of E. coli O157:H7, 18 of which are confirmed and linked to the outbreak in Michigan and Ohio. The cases are in Franklin (10 confirmed, 1probable); Delaware (1 confirmed); Fairfield (4 confirmed); Lucas (1 confirmed, 3 probable); Seneca (1 confirmed); and Union (1).

We have been contacted by over a dozen individuals and families who believe they are linked to this outbreak. We are completing our investigation on 5 that are genetically linked to Kroger meat.

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The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) is out tonight with a Class 1, High Health Risk recall of ground beef products sold by the Ohio-based Kroger grocery store chain.

The ground beef products may be contaminated with E. coli O157:H7 and are already implicated in a Michigan/Ohio outbreak involving more than 30 cases.

All varieties and weights of ground beef products bearing a Kroger label sold between May 21 and June 8 at Michigan and Columbus and Toledo, Ohio Kroger retail establishments are subjects of the recall. These ground beef products also include a sell-by date between "05/21/08" and "06/08/08."

According to FSIS:

These products were distributed to Kroger stores in Michigan and Columbus and Toledo, Ohio. FSIS has confirmed that none of the affected products remain available for purchase at stores; however consumers are urged to check their refrigerators and freezers and discard or return the ground beef products for a refund.

This recall was initiated after epidemiological investigations and a case control study conducted by the Michigan and Ohio Departments of Agriculture and Health and the Centers for Disease Control and Prevention determined that there is an association between the ground beef products and 32 illnesses reported in Michigan (15) and Ohio (17).

The illnesses were linked through the epidemiological investigation by their pulsed field gel electrophoresis (PFGE) pattern, or DNA fingerprint, found in PulseNet, a database maintained by the Centers for Disease Control and Prevention. Anyone with signs or symptoms of foodborne illness should consult a medical professional.

It is worth noting, the FSIS press release says nothing about beef  suppliers for Kroger's.  The chain does operate 41 of its own food processing plants to help supply its 2,474 stores in 31 states. In addition to Kroger, its runs Ralphs, Fred Meyer, Food 4 Less, King Soopers, Smith's Dillons, QFC and City Market.

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With the Michigan State Health Department linking Kroger ground beef to many of the illnesses in Michigan (which have also been linked to illnesses in Ohio), Kroger must recall all possibly contaminated ground beef said Seattle food safety attorney William D. Marler.

In 2007 companies voluntarily recalled ground beef products 21 times. The amount of recalled meat was more than 33 million pounds. The goal of a recall is to get the contaminated meat out of people’s homes, especially freezers. According to Marler, with nearly 50 people sickened in Ohio and Michigan E. coli outbreaks, it is irresponsible for a company like Kroger to not recall all potentially contaminated ground beef sold through their stores.

"Frankly, Kroger should recall the ground beef first and foremost for the safety of its customers, but also for self-preservation. If people become ill after Kroger could have recalled its ground beef products, it is exposing itself to a claim for punitive damages for having consciously ignored a known health risk to its customers," said Marler.

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Recall, Recall, where is the recall? We know that dozens of people are sickened in Michigan in Ohio, but FSIS/USDA has not issued a recall? I can not imagine why there would not be, perhaps they thought since we are focused on tomatoes no one would notice? We have also been contacted by victims in other states who may be linked to a nationwide E. coli outbreak.

According to press report late last night, 15 Michiganders affected in a recent E. coli outbreak (number may be as high as 35) reported purchasing and consuming ground beef from Kroger stores, the Michigan Department of Community Health announced Tuesday. The same genetic strain of E. coli O157:H7 bacteria also has been confirmed in illnesses among 10 of 16.

Although Kroger has been linked as the source of the meat purchased. A question arises were the meat came from. Early press reports from the Ohio papers suggested that Dutch's Meat in New Jersey’s recall of 13,275 pounds of hamburger on June 8 after discovering that it might have been tainted with the sometimes-lethal bacteria might be linked. However, Dutch's gets its meat from three or four suppliers. If the strains match, it's possible that one of those companies sold him tainted meat and also distributed that meat to Ohio, Michigan and elsewhere, he said. Granaldi would not name a meat supplier but said that one in the Midwest might be the source. "They probably distribute all over the country," he said.

Over the years we have done several dozen food cases in Michigan: Black Forest Bakery Salmonella Case, Dole Spinach E. coli Case, ConAgra Potpie Salmonella Case and Bravo Cucina Italiana Norovirus Case. And, in Ohio: King Garden, E. coli Case, Corky and Lenny Salmonella Case, Sam’s Club E. coli, Dole Spinach E. coli Case, KFC E. coli Case and ConAgra Beef E. coli.

We have also done just a few E. coli cases:

* AFG / Supervalu E. coli Outbreak - Minnesota
* Bauer Meat E. coli Litigation - Georgia
* BJ’s Wholesale Club E. coli Litigation - New York and New Jersey
* Cargill E. coli Outbreak - Nationwide
* Carneco / Sam’s Club E. coli Outbreak - Wisconsin & Michigan
* China Buffet E. coli Outbreak - Minnesota
* ConAgra Ground Beef E. coli Outbreak - Nationwide
* Dole Lettuce E. coli Outbreak - Minnesota, Wisconsin, and Oregon
* Dole Spinach E. coli Outbreak - Nationwide
* Emmpak E. coli Outbreak - Wisconsin
* Excel E. coli Outbreak - Georgia
* Finley Elementary School E. coli Outbreak - Washington
* Fresno Meat Market E. coli Outbreak - California
* Gold Coast Produce E. coli Outbreak - California
* Golden Corral E. coli Outbreak - Nebraska
* Habaneros E. coli Outbreak - Missouri
* Jack in the Box E. coli Outbreak - Western States
* Karl Ehmer Meats E. coli Outbreak – New Jersey
* KFC E. coli Outbreak - Ohio
* King Garden Restaurant E. coli Outbreak - Ohio
* Nebraska Beef E. coli Litigation - Minnesota
* Odwalla E. coli Outbreak - Nationwide
* Olive Garden E. coli Outbreak - Oregon
* Parsley E. coli Outbreak - Washington & Oregon
* Peninsula Village E. coli Outbreak - Tennessee
* PM Beef Holdings, Lunds & Byerly’s E. coli Outbreak
* Rochester Meat Company E. coli Outbreak - Wisconsin, California
* Sizzler E. coli Outbreak - Wisconsin
* Sodexho Spinach E. coli Outbreak - California
* Spokane Produce E. coli Outbreak - Washington, Oregon, Idaho
* Stop & Shop E. coli Case - New Hampshire
* Taco John’s E. coli Outbreak – Iowa and Minnesota
* Topps and Price Chopper E. coli Case - New York
* Topps Meats E. coli Outbreak - Nationwide
* United Food Group E. coli Outbreak - Western States
* Wendy’s E. coli Outbreak - Oregon
* Wendy’s E. coli Outbreak - Utah

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A spokesman for Kroger Stores in Ohio tonight is confirming one of their outlets sold meat that the Ohio Health Department found contaminated with E. coli. 

The Kroger spokesman told NBC 4 in Columbus that the grocery store chain is working with its suppliers to track down the origin of the bad meat.

Discovery of the E coli comes as central Ohio health departments continue to investigate an increased number of E. coli cases.  Fifteen Central Ohio cases of E. coli have been matched by DNA testing, according to the Ohio Department of Health.

According to NBC 4:

Local health officials were notified by the Ohio Department of Health that a ground-beef sample submitted by the Franklin County Board of Health has tested positive for E. coli.

That announcement was made Tuesday afternoon.

The testing was conducted by the Ohio Department of Agriculture Laboratory. Further DNA testing is currently pending at the Ohio Department of Health Laboratory to determine if there is a match to the human cases in Ohio.

The NBC 4 story can be found here.

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If it is the weekend, there is almost always something to read by Phil Brasher in the Des Moines Register.  In "Many beef cuts are never tested for E. coli," Brasher reports that the U.S. Department of Agriculture is about to close the door on the sale of E. coli-tainted cuts of beef.

Brasher writes:

Processors are not allowed to sell ground beef that is tainted by E. coli because the product is considered most likely to carry the bacteria and pose the biggest risk to consumers.

But it's perfectly legal to market whole cuts of beef that might be contaminated by E. coli, and the government doesn't test them for the bacteria, either.

That could be changing. The U.S. Department of Agriculture is considering new regulations for the sale of steaks and other beef cuts, a move that officials in the meatpacking industry say is unjustified and unnecessary.

Richard Raymond, the USDA's undersecretary for food safety, said he was shocked when he found out it was legal to sell E.-coli-contaminated beef. He said he is seeking a "practical solution" to "what I feel to be a gap" in USDA regulations. USDA has not proposed any specific measures.

Donna Rosenbaum, executive director of Safe Tables Our Priority, a consumer advocacy group, said it's "way past time" for the USDA to take steps to prevent the sale of contaminated beef cuts.

"It takes such a small amount of this to make a person sick that putting the burden on consumers for controlling something that is that small to protect their children is just not right," she said.

Go here for the entire Brasher story.

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