I will be speaking at the 9^th Annual Louisiana State Bar Association’s Mass Tort Symposium tomorrow in New Orleans.    My panel presentation will focus on litigation on behalf of victims of foodborne illness.

I also chair the symposium which this year will include current and former law school deans, law school professors, federal court judges Special Masters and talented Mass Tort/Class Action counsel that represent litigants on both sides of the “VS”.

I am excited about the opportunity to share information with fellow attorneys,  judges and litigation experts.

Unfortunately, in today’s day and age, foodborne illness is all too common. Salmonella in peanut butter, E. coli in cookies, and the list goes on.  What were once rare occurrences are now national outbreaks. That’s why I think it is so important to take the opportunity to share knowledge and expertise with others that are poised to make a difference.

The American Meat Institute (AMI) has recently been urging the Food Safety & Inspection Service to move forward with the AMI’s petition requesting that beef processors be allowed to irradiate beef to kill potential foodborne pathogens.

In a letter to the FSIS, AMI executive vice president James Hodges, said that irradiation could provide “substantial food safety benefits” and that his organization has provided the government with “all necessary research and rationale” to show that irradiation works and is safe.

During the slaughter and processing of animals, pathogenic bacteria such as E. coli O157:H7 and Salmonella can easily contaminate meat leading to recalls and potential outbreaks of foodborne illness. The E. coli and Salmonella bacteria, typically found in the animal’s feces, are difficult to control once meat is exposed to the pathogenic microbes. Proponents of irradiation claim that the cold pasteurization process of beaming the carcasses with mild radioactive waves will kill foodborne bacteria before the animal is further processed, thus greatly reducing the threat of outbreaks.

Some opponents of food irradiation worry that the process isn’t really a solution to the unhygienic practices that allow meat to be exposed to feces in the first place. The opposition fears that irradiation would only serve as a shortcut to our foodborne illness problems and irradiation would allow processors to continue to force an already high volume system into overload without concern for the actual health and quality of food.

Irradiation needs to be discussed and debated in an intelligent manner. It may not be a complete solution but it could serve as another tool that is used in the battle to control foodborne illness and its dangerous and sometimes deadly complications like hemolytic uremic syndrome (HUS) and septicemia.

But irradiation needs to be utilized in a way that allows the public to clearly know if the food they are purchasing has been treated or pasteurized via irradiation. Furthermore, the use of irradiation shouldn’t exempt facilities from the most stringent hygiene practices and rigorous inspections and most of all, irradiation should not serve as a food safety crutch that the meat industry relies on exclusively to keep its food free from disease.

San Diego Meat Company, a San Diego, Calif., establishment, is recalling approximately 925 pounds of ground beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The products subject to recall include:

• ” 15-pound cases of “SAN DIEGO MEAT, GROUND BEEF PATTIES.”
• ” 10-pound bags of “SAN DIEGO MEAT, BULK GROUND BEEF.”

Each case and bag bears establishment number “EST. 4116″ inside the USDA marks of inspection and “Safe Handling Instructions” on the back. The front of each package advises “KEEP REFRIGERATED.”

The above products were produced October 7, 2009 through October 9, 2009 and October 12, 2009 and were distributed to restaurants and two caterers in the San Diego County area.

FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers (including restaurants) of the recall and that steps are taken to make certain that the product is no longer available to consumers.

The problem was discovered through FSIS microbiological sampling. FSIS has received no reports of illnesses associated with consumption of these products. Individuals concerned about an illness should contact a physician.

E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, hemolytic uremic syndrome (HUS), a serious blood disease that can cause kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible to foodborne illness.

Shigella is a family of bacteria that can cause diarrhea in humans. Shigella were discovered over 100 years ago by a Japanese scientist named Shiga, for whom they are named. There are several different kinds of Shigella bacteria: Shigella sonnei, also known as “group D” Shigella, accounts for over two-thirds of shigellosis in the United States. Shigella flexneri, or “group B” Shigella, accounts for almost all the rest. Other types of Shigella are rare in this country, though they continue to be major causes of disease in the developing world. One type found in the developing world, Shigella dysenteriae type 1, can be responsible for deadly epidemics.

The Center for Science in the Public Interest (CSPI), a food safety and nutrition advocacy organization, recently published a list of the most “dangerous” foods likely to be linked to a foodborne illness outbreak. Using the data shared by the FDA, the CSPI put together the list by compiling outbreaks and victims related to those outbreaks. The list is filled with foods that many consider to be health foods, which has elicited a strong reaction from the media. But it is important to remember that foodborne illness isn’t about the nutrition or vitamin content of a food. It’s not an issue of keeping yourself safe with healthy choices; it’s about relying of food growers and processors to keep food free from food pathogens.

Noticeably missing from the dangerous food list is beef or chicken. These foods are not directly monitored by the FDA, they are monitored by the Food Safety Inspection Service (FSIS) which keeps separate records. So while every newspaper and news site jumps all over the list, it isn’t really a list of the most “dangerous” foods as much as it is a list of most “dangerous” foods monitored directly by the FDA.

The list starts with a familiar culprit in the foodborne illness outbreak, leafy greens. The CSPI linked 363 separate outbreaks involving over 13,000 reported cases of illness. Pathogens responsible for the outbreaks include E.Coli, Norovirus, and Salmonella. Leafy greens can become contaminated on the farm through contact with animals, polluted water or poor handling practices during harvest and processing.

Number two on the list is the incredible edible egg. Salmonella is the pathogen most typically associated with the egg. Usually large outbreaks are linked to incorrectly prepared or pooled eggs where a single egg can contaminate large batches of prepared eggs. The FDA has announced new guidelines to hopefully reduce Salmonella poisoning from eggs. It will take time to see if the new guidelines are effective

Tuna and Oysters round out numbers three and four on the list with about 400 combined outbreaks related to these foods. Oysters were recently to blame for a very large Norovirus outbreak at a fine dining restaurant in England where almost 600 people contracted the foodborne illness.

Shigella and Listeria are the problems for number five on the list, potatoes. 108 outbreaks have been attributed to the food since 1990. But since potatoes are typically cooked before eating, potatoes may be unfairly blamed for a food poisoning when the potato is just a cross contamination victim.

Six on the list is cheese. Soft cheeses and cheeses made with unpasteurized milk can be a food pathogen source. Another milk product makes number seven on the list, ice cream. A 1994 Salmonella outbreak sickened victims in 41 states. It was eventually blamed on improperly pasteurized eggs used in the ice cream.

Tomatoes, sprouts and berries make up number eight, nine and ten on the list. The fact that each of these foods is often consumed raw makes it more difficult to control potential food pathogens. Sprouts are grown under ideal conditions for bacteria like Salmonella and E. coli to thrive and consuming sprouts raw is not recommended.

Some controversy has surrounded this food list. Milk producers have contested that many of the cheese outbreaks are related to raw milk use which isn’t recommended by the FDA or the standard for the cheese industry. Milk producers also believe it is unfair to target ice cream using an outbreak from over 15 years ago.

Some tuna proponents believe that tuna is unfairly singled out since it is often blamed as the food contamination source in cross contamination situations. Mixing foods with mayo means foods like tuna and potatoes get blamed when mayo is the likely pathogenic culprit.

Regardless of the motivations or accuracy of the list, it’s good to have attention drawn to food safety issues. Many of the foods on this list are common and essential for a well balanced diet. It is important that the safety of not just these foods but all foods be addressed with an evolving focus of always striving to make food safer.

Ground poultry products have been gaining in popularity as an alternative to ground beef. The ground poultry is lighter in flavor and is often lower in fat making it a good choice for the health conscious consumer who doesn’t want to sacrifice his or her favorite dishes to a heart healthy diet.

As with all raw meats there should be special consideration to the handling of ground poultry. But in a clear oversight to food safety, there are no established special testing guidelines for ground chicken and turkey.

Since the same methods of grinding and mixing apply to ground poultry as they do for ground beef, shouldn’t there be routine testing of these poultry products as there are for beef? There could potentially be thousands of different birds that go into a batch of ground poultry, the same way that there may be thousands of different cows that go into a batch of hamburger. In these situations, a single contamination source could potentially infect thousands of pounds of meat.

Though not as feared as E. coli O157:H7, Campylobacter and Salmonella are real foodborne illness threats with a far greater prevalence than E. coli. We are seeing increased virulence of Salmonella strains along with increased antibiotic resistance. Campylobacter is commonly found in poultry meat and is the number one cause of bacterial diarrheal illness in the world. Campylobacter has also been closely related to the dangerous nerve disease Guillain-Barre syndrome. The CDC has estimated that as high as 40% of all Guillain-Barre syndrome cases are caused by an infection of Campylobacter bacteria.

As the growing popularity of ground poultry rises, the FSIS should take steps to contain the threats of foodborne illness before they become an epidemic problem. Perhaps it is time to rethink the testing of ground poultry before we see an outbreak put thousands of people at serious risk.

With new food safety legislation awaiting debate in the Senate, the media has been highly tuned in to food safety and tales of the system gone awry. Case in point, the New York Times recently published an article about the tragedy of E. coli O157:H7 and one of its complications, hemolytic uremic syndrome (HUS).

The article details how a hamburger manufactured by Cargill led to the paralysis of a young dance teacher. After eating a hamburger prepared by her aunt, Stephanie Swift became ill. Her hamburger was contaminated with a virulent strain of bacteria E. coli O157:H7. Unlike most E. coli O157:H7 infections which pass without major complications, Stephanie’s E. coli O157:H7 infection took a severe turn for the worse. She developed a complication called hemolytic uremic syndrome (HUS), a potentially deadly disease of the blood that is caused by toxins produced by bacteria such as E. coli O157:H7. Doctor’s had to put Stephanie into a coma to control her seizures. Eventually she came out of her coma but not without suffering severe nerve damage taking away her ability to walk; taking away her ability to teach dance or to ever lead the life she had before eating that hamburger.

The story then delves into how our current food safety and inspection system may not be capable of preventing further foodborne illness outbreaks. The current system doesn’t require enough testing and too much of the required food safety monitoring lies in the hands of manufacturers who may not be as concerned with safety as the typical consumer. Meats are treated with ammonia to try to kill bacteria when they have gone foul and that meat is eventually added to other cuts to be turned into hamburger. Meats are coming from multiple sources and from multiple nations, all the while a lackluster tracking system is in place to keep tabs on where the beef originated.

The job of monitoring these beef producing facilities is a daunting task and is proving to be impossible in the current state of the agencies responsible for regulation. Bottom line costs and a keen focus on profits encourage many agro processors to avoid frequent testing and full cooperation with food safety regulatory agencies. Food safety costs money and when money is more important than putting out a safe and clean food product, outbreaks result and victims are created.

The story isn’t surprising to anyone who has worked with foodborne illness victims. Whether it was a peanut butter sandwich, a piece of cookie dough or the typical food poisoning culprits like hamburger or chicken, victims often have difficult and tragic stories. Victims often suffer lifelong consequences, require rehabilitation and long term care. 

The fact is that food safety isn’t an issue than can be negotiated or bargained. It is essential to the manufacture and processing of the foods we require to live. All efforts need to be made to keep food safe now.

Campylobacteriosis is one of the most common causes of diarrheal illness in the United States. As few as 500 Campylobacter bacteria can cause illness in humans. The vast majority of campylobacteriosis occur in isolated, sporadic events which are not typically recognized as outbreaks. The CDC estimates that about 13 campylobacteriosis cases are diagnosed each year for each 100,000 people in the U.S. population. Many more cases never get diagnosed doctors or reported to the proper health authorities.

Campylobacter can spread into the bloodstream and cause serious and sometimes life-threatening complications such as sepsis and Guillian-Barre Syndrome, a dangerous and debilitating nerve disease that has been significantly related to campylobacteriosis. About 120 people die from complications from campylobacteriosis each year.

Eating or drinking a foodborne pathogen isn’t the only way to contract a foodborne illness. People who are sick or infected with a food poisoning microbe can pass the bacteria, virus or parasite via the fecal-oral route. Person to person transmission (or secondary transmission) occurs in daycare centers, nursing homes and hospitals. Infected food workers can also pose a threat when they continue to work when ill and pass the illness through handled food. This is especially true for foodborne viruses like Norovirus and Hepatitis A.

Swimming can pose a risk when victims get contaminated from farm animal waste runoff that infiltrates rivers or lakes. Swimming pools can be contaminated in the same manner as lakes and rivers when infected people pass along enteric bacteria such as Shigella and E. coli.

Cross contamination in a kitchen is also an illness threat. Surfaces and utensils that come into contact with food poisoning pathogens can quickly be overrun with the microbes. Even just touching cross contaminated surfaces can lead to infection.

Salmonella and E. coli have been found and transmitted in settings such as petting zoos and open farms. Research has linked exotic reptiles and birds kept as pets to Salmonella transmission to pet owners and contaminated pet foods and treats have passed Salmonella onto humans who have handled the pet products.

Pregnant women are at high risk for getting sick from Listeria, a pathogenic bacterium found in foods. Listeria can lead to a disease called listeriosis. Every year, 2,500 Americans become sick from listeriosis, with 1 out of 5 dying from the illness. Listeriosis can cause miscarriage, premature birth, serious illness, or even death for a newborn baby. If you are pregnant, you need to know what foods are safe to eat to avoid Listeria contamination.

Do not eat hot dogs, luncheon meats, bologna, or other deli meats unless they are reheated until steaming hot.

Do not eat refrigerated pâté, meat spreads from a meat counter, or smoked seafood found in the refrigerated section of the store. Foods that don’t need refrigeration, like canned tuna and canned salmon, are okay to eat. Refrigerate these products after opening.

Do not drink raw (unpasteurized) milk and do not eat foods that have unpasteurized milk in them.

Do not eat salads made in the store such as ham salad, chicken salad, egg salad, tuna salad, or seafood salad.

Do not eat soft cheese such as Feta, queso blanco, queso fresco, Brie, Camembert cheeses, blue-veined cheeses, and Panela unless it is labeled as made with pasteurized milk. Make sure the label says, “MADE WITH PASTEURIZED MILK”