Food Poisoning Law Firm
Pritzker Olsen Law Firm Food Safety Blog

Pritzker Olsen attorneys have appeared on CBS News, Fox news, and numerous local television stations throughout the country. They have recovered millions for victims of food poisoning outbreaks. To contact our law firm, please call 1-888-377-8900 (toll free) or submit our free consultation form.

It has long been thought proficient hand-washing in hospitals was the most important aspect to controlling the spread of infection. It is also common practice for doctors and nurses in a hurry to use alcohol-based hand gels rather than conventional soap and water. Dr. Mark Rupp at the University of Nebraska Medical Center put these practices to the test.

Rupp observed hygiene practices in two intensive care units over two years to compile his data. According to The New York Times,

More gel dispensers were put in the units, and usage rose from 37 percent to 68 percent in one unit and from 38 percent to 69 percent in the other. Compliance for hand washing of any kind in most hospitals is estimated to be about 40 percent, according to experts, although some hospitals do better.

Bacteria samples taken every two months showed that health workers’ hands were cleaner when using the hand gel. However, the rates of infections in the ICUs did not show any clear relationship with the rate of hand gel usage. One unit also showed an increase in infections.

Rupp stated that better hand washing does not play a large enough role to cut down on infection. He said, “Hand hygiene is still important, but it’s not a panacea.” Rupp suggest other ways to help cut down on infection, including a better cleaning of hospital units, proper insertion and maintenance of catheters, and having doctors only prescribe antibiotics when necessary. He also called for hospital workers to cease wearing rings and to trim fingernails shorter than CDC recommendations (quarter of an inch).

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Salmonella Prevention: FSIS Initiates New Procedures

In a recent press release from the USDA’ Food Safety and Inspection Service (FSIS), new procedures and sampling techniques are being compiled into data in order to decrease the growing prevalence of Salmonella in our nation’s beef and poultry supply. According to a CDC report in 2006, Salmonella accounted for 38.6% of human foodborne illnesses, the greatest of all such pathogens. FSIS also launched their new protocol to deal with Salmonella in 2006. The initiative grouped production establishments into categories based on their rates of Salmonella with current regulations.

The categories for establishments are as follows, as stated in the report:

Category 2 establishments are those with sample set results above half but not exceeding the current standard for one or both of their most recent sample sets and Category 3 are those that are exceeding the current standards. Category 1 establishments have the lowest Salmonella rates of the three categories with sample set results at or below half of the current standards.
All the collected data from the establishments will be posted on the FSIS web site on March 28, 2008. The new compilation of data will shed more light on data already analyzed which shows differences in the third quarter of 2007 with the first quarter.

Eighty-four percent of turkey slaughter establishments are now Category 1, the other 16 percent are in Category 2. These numbers represent significant improvement from the first quarter of 2007 where 53 percent of establishments were in Category 1, 38 percent in Category 2 and three percent at Category 3. For broilers, the percentage of establishments in Category 1 is 73 percent and the percentage of establishments in Category 2 is 23 percent. This figure is up by ten percent from the first quarter of 2007. This is compared with only 35.5 percent of broiler establishments performing in Category 1 after the first quarter of 2006.

New technology such as new equipment, procedures, and processing techniques are also being tested at Category 1 establishments to measure their effectiveness at combating the presence of Salmonella. The partaking establishments take samples during every shift to be sent to FSIS for analysis.

Along with all of the data being collected and analyzed, FSIS has reexamined how to deal with smaller ground beef establishments that produce very little of the beef supply. Rather than taking the majority of test samples from these establishments, more samples are being taken from the larger establishments, while random testing of the smaller establishments continues. FSIS is also looking into sub-groups of establishments, such as ratite or religious-exempt establishments, to make sure that all possible sub-groups are documented and tested so that it can be clearer where contamination is coming from. All data is being compared to data on the CDC’s PulseNet so that the FSIS can have a clearer picture of which facilities are producing products that lead to foodborne illness.

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Current Policies and Procedures of the U.S. Food System

Analysts from the Heritage Foundation have studied the current policies and procedures of the food system of the United States, outlining problems with current practices and with reform ideas from the government. The major issues concerning food safety revolve around the regulation of imported products into the U.S. and the way government agencies interact to promote safer food.

In the current system the regulation of food is split between the Food Safety and Inspection Service (FSIS) of the Department of Agriculture, the Food and Drug Administration (FDA) of the Department of Health and Human Services, and the Customs and Border Protection (CBP) agency of the Department of Homeland security. FSIS regulates meat, poultry and egg products, FDA regulates everything else, and CBP regulates imports into the country.

Although FSIS regulates a smaller percentage of the nation’s food supply than the FDA, FSIS receives more government funding and handles food safety much differently than the FDA. FSIS creates a list of countries (currently 34) that comply with U.S. safety standards and allows the import of products from firms who are certified by their home nation’s government. The CBP then verifies shipping records when products reach U.S. borders. Once on U.S. soil, FSIS inspects the products in 33 different ports among 135 inspection centers, using a computer system to record vital information. All products must be visually inspected by FSIS officials, while a computer system randomly generates a variety of products to also undergo laboratory testing.

The FDA, on the other hand, utilizes a completely different system. The FDA inspects each foreign firm in order to certify safe producers. This is a difficult task so the agency notes which importing firms are a high or low risk, and does on-site testing on that basis. The FDA can also communicate with the CBP computer systems, while FSIS cannot, to see if the shipments reaching the ports are verified. Because of the lack of funding, the FDA is understaffed and inspections occur far less frequently than FSIS inspections.

Washington has noted the flaws in the procedures of the FDA and FSIS, and has attempted to pass a new strategy to control the safety of our nation’s imported food products. The strategy implements aspects of both systems, calling for more interagency cooperation and for the formation of a single agency to regulate the entire food supply. The reform also includes the certification of countries to import products into America, utilizing import fees and restricting the number of ports available to import products.

The Heritage Foundation, however, sees flaws in the government’s attempt to reform the current system. Rather than imposing penalties on other countries to import food and increasing a government hold on the system, the Heritage Foundation promotes a free market solution to the problem. With simplified government regulations and expanded research into food safety from a scientific standpoint, market forces will promote a safer food supply. Rather than losing money due to bad publicity, companies will voluntarily remove unsafe products from store shelves and competitive forces in the market will favor safer foods. But the Foundation also sees the need for government agencies to have the power to impose mandatory recalls for companies who handle their products irresponsibly.

We respectfully disagree with the Heritage Foundation with regards to a free market solution. This is basically the current federal policy of industry self regulation. As evidenced by the numerous recalls and foodborne outbreaks, this is a failed policy. We do agree that the federal government needs to have the power to impose mandatory recalls on food and other dangerous products.

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Diacetyl in Cooking Oil Can Cause Bronchiolitis Obliterans

UNITE HERE, the largest union for hotel, kitchen, and restaurant workers in North America, has demanded cooking oil manufacturers to stop using the harmful chemical diacetyl, according to the Seattle Post-Intelligencer. Diacetyl is a butter-flavor additive which is often found in cooking oils, sprays, and margarine which can be harmful if released as a vapor when heated.

At least three deaths have been attributed to diacetyl from the formation of bronchiolitis obliterans in the victims. Bronchiolitis obliterans is inflammation in the smaller pathways in the lungs. The highest levels of diacetyl are found in cooking oils used by professional chefs.

Congress is concerned about the prevalence of the chemical and has sent a letter to the National Institute of Occupational Safety and Health. The letter stated that “it is urgent that we finally determine the national scope of exposure and illness related to diacetyl-containing food flavoring.”

The FDA cannot take action because, according to the FDA, diacetyl is only harmful when released as a vapor, not when ingested as a food. Therefore, it is the responsibility of OSHA to deal with laws concerning the workplace safety in regards to diacetyl levels. OSHA, however, has been very slow to respond to the growing concern of the chemical and has implemented no new rules to protect workers from potential lung disease.

While scientists and experts are working to figure out the exact effects of diacetyl and at what levels it is most dangerous, states such as California and Washington are already taking action. The two states are working together to develop regulations regarding the use of the chemical and are working on a letter to send to all professional chefs and restaurants to warn of the dangers of diacetyl. Because of the increased publicity of its harmful effects, many companies are already producing diacetyl-free products.

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E. coli and Ground Beef - Recent Outbreaks

Below are recent E. coli outbreaks associated with ground beef. PritzkerOlsen is representing victims of E. coli outbreaks and families of victims who died. Some of our cases involving these outbreaks have been settled. Please contact the firm for a free consultation.
  • California and Wisconsin E. coli Outbreak Linked to Rochester Meat Company: At least 6 people have contracted E. coli O157:H7 infections associated with eating Rochester Meat Company ground beef served in restaurants and food service institutions in Wisconsin and California. Rochester Meat Company has recalled about 188,000 pounds of ground beef due to possible contamination with E. coli O157:H7. Read more about the Rochester Meat Company recall and lawsuit.
  • E. coli outbreak Associated with American Foods Ground Beef: The Illinois Department of Health reported 2 cases of E. coli O157:H7 associated with recalled American Foods ground beef. The American Foods Group recall involved about 95,927 pounds of various coarse and fine ground beef products. The recalled ground beef was sent to retail outlets and distributors in Indiana, Kentucky, Maryland, Ohio, Tennessee, Wisconsin, and Virginia. Learn more about the American Foods ground beef recall and a possible American Foods Group lawsuit.
  • Multi-State E. coli Outbreak Linked to Cargill Hamburger Patties Sold at Sam's Club: 5 people in Minnesota , 4 people in Wisconsin, 2 children in North Carolina, and 3 children in Tennessee have been linked to Sam's Club hamburgers processed by Cargill Meat Solutions Corporation.
  • Multi-State E. coli Outbreak Linked to Topps Hamburger: At least 40 confirmed cases of E. coli O157:H7 have been associated with recalled Topps hamburgers. Learn more about the Topps hamburger recall, the New Jersey E. coli-Topps cases, the Pennsylvania E. coli-Topps cases, and the New York E. coli-Topps cases.
  • Oregon & Washington E. coli Outbreak Associated with interstate Meat: Cases of E. coli infection in Washington and Oregon have been associated with Interstate Meat Dist., Inc, an Oregon firm. In response to this outbreak, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) is issuing a public health alert for approximately 41,305 pounds of ground beef products. Read More about the Ground Beef E. coli recall.
  • New York E. coli Outbreak Associated with Stew Leonard's Ground Beef: The recall was prompted by 3 cases of E. coli O157:H7 associated with eating ground beef from the Stew Leonard's Yonkers store. The three people sickened are from the same family. Read Stew Leonard's lawsuit and lawyer information.
  • Multi-State E. coli Outbreak Linked to United Food Group Ground Beef: People in several states contracted E. coli O157:H7 infections in an outbreak linked to multi-state recall of ground beef issued by United Food Group LLC.

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Salmonella Outbreaks - Ground Beef, Pot Pies, Taste of Chicago, Veggie Booty, and Peanut Butter

Below is a list of recent Salmonella outbreaks. PritzkerOlsen is representing several victims of the Salmonella outbreaks (some of the cases have settled), and we continue to receive contacts from people regarding the outbreaks.

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Rochester Meat Recall

Five people in Wisconsin and one in California have confirmed cases of E. coli O157:H7 infection associated with Rochester Meat Company ground beef. In response, Rochester Meat Company has recalled about 188,000 pounds of ground beef. The recalled Rochester Meat Company ground beef products were produced on October 30, 2007, and November 6, 2007. They were shipped to distributors nationwide for further distribution to restaurants and food service institutions.

The recalled Rochester Meat Company ground beef products were not available for purchase by consumers in retail establishments. Read more about the Rochester Meat Company recall and E. coli lawsuit information.

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E. coli Wrongful Death Case Linked to Spinach Settled

Attorney Fred Pritzker has settled an E. coli wrongful death case linked to fresh spinach. The terms of the settlement are confidential. The case involved an elderly woman who ate spinach contaminated with E. coli. The woman was diagnosed with E. coli O157:H7 poisoning, and genetic fingerprinting tests connected her case of E. coli O157:H7 with the 2006 E. coli outbreak linked to fresh spinach.

Fred Pritzker was interviewed by a local television station regarding the case. He also wrote an editorial regarding the outbreak addressed food safety issues.

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Food Safety During an Emergency

A list of recommendations for preventing foodborne illnesses has been released by the USDA’s Food Safety and Inspection Service (FSIS) in response to severe winter weather and flooding in the western United States.

"Power outages can occur at any time of the year and it often takes from a few hours to several days for electricity to be restored to residential areas," said USDA Under Secretary for Food Safety Dr. Richard Raymond. Bacteria can grow rapidly at temperatures between 40° and 140°F. Foods can be at risk when power goes out for extended periods of time.

FSIS has released the following steps to prepare for a weather emergency:
  • Keep an appliance thermometer in the refrigerator and freezer. An appliance thermometer will indicate the temperature in the refrigerator and freezer in case of a power outage and help determine the safety of the food.
  • Make sure the freezer is at 0 °F or below and the refrigerator is at 40 °F or below.
  • Freeze containers of water for ice to help keep food cold in the freezer, refrigerator or coolers after the power is out.
  • Freeze refrigerated items such as leftovers, milk and fresh meat and poultry that you may not need immediately — this helps keep them at a safe temperature longer.
  • Plan ahead and know where dry ice and block ice can be purchased.
  • Store food on shelves that will be safely out of the way of contaminated water in case of flooding.
  • Have coolers on hand to keep refrigerator food cold if the power will be out for more than 4 hours. Purchase or make ice cubes and store in the freezer for use in the refrigerator or in a cooler. Freeze gel packs ahead of time for use in coolers.
  • Group food together in the freezer — this helps the food stay cold longer.
The following steps are to be taken after a weather emergency:
  • Keep the refrigerator and freezer doors closed as much as possible to maintain the cold temperature.
  • The refrigerator will keep food safely cold for about 4 hours if it is unopened. A full freezer will hold the temperature for approximately 48 hours (24 hours if it is half full) and the door remains closed.
  • Discard refrigerated perishable food such as meat, poultry, fish, soft cheeses, milk, eggs, leftovers and deli items after 4 hours without power.
  • Food may be safely refrozen if it still contains ice crystals or is at 40 °F or below when checked with a food thermometer.
  • Never taste a food to determine its safety!
  • Obtain dry or block ice to keep your refrigerator and freezer as cold as possible if the power is going to be out for a prolonged period of time. Fifty pounds of dry ice should hold an 18-cubic-foot full freezer for 2 days.

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Food Poisoning Lawyer Fred Pritzker has appeared on national television and has been quoted by national publications, including The New York Times, The Wall Street Journal, Associated Press and Lawyers USA. He has been named a "Super Lawyer" by Law and Politics magazine. He is also listed in the current edition of The Best Lawyers in America. To contact Fred Pritzker about a food poisoning lawsuit or food safety advocacy, please call 1-888-377-8900 (toll free) or submit the firm's free consultation form.

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