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.

Three in Spokane Hit by Botulism

A case of foodborne botulism in Spokane, Washington, has prompted one health official to wonder if the bad economy will lead to a spike in the potentially fatal disease.

There are normally only 25-30 cases of foodborne botulism each year in the United States, but the mortality rate is high if not treated immediately and properly. Like the case in Spokane, most of the illnesses stem from improper home canning of low-acid foods such as green beans and asparagus.

The classic symptoms of foodborne botulism include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth, and muscle weakness. These are all symptoms of the muscle paralysis caused by the bacterial toxin.

In the recent case in Spokane, a nurse in there 30s and two children under the age of 10 became infected with botulism after eating improperly canned green beans from a home garden. The Spokane Spokesman-Review newspaper reported that the woman remains on a ventilator but is recovering. The children suffered milder symptoms.

Epidemiologist Dorothy MacEachern of Spokane Regional Health District told the newspaper that she is concerned that hard economic times will lead to a rise in home canning and a subsequent increase in mistakes that will sicken people with botulism. Treatment of the disease frequently involves use of a special antitoxin.

The food safety experts at PritzkerOlsen Attorneys recommend that home canners review the USDA Home Canning Guide and read what the U.S. Centers for Disease Control and Prevention says about others steps you can take to minimize exposure to the bacteria. PritzkerOlsen is a national leader in foodborne illness litigation and is involved in virtually every major outbreak of food poisoning.

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E. coli Reported at Chicago Area Daycare

A Chicago area daycare center has been hit with an E. coli outbreak that has sickened 21 children and one adult.

According to the Southtown Star newspaper, the Cook County Health Department has ordered that all children and adults at the KinderCare Learning Center in the Village of Lemont be tested for the potentially deadly bacteria.

The center has been allowed to remain open, but anyone who tests positive for E. coli or who has diarrhea is sent home and not allowed to return until tests for the bacteria come back negative twice within 24 hours.

Southtown Star reported that three of the children sickened by E. coli were hospitalized, but have since been released. The newspaper said KinderCare has undertaken extra sanitation measures since the outbreak began earlier this month.

E. coli symptoms may not start until seven days after a person is infected. The first sign is sudden, severe abdominal cramps, followed by diarrhea. Many patients develop bloody diarrhea that lasts from two to five days. Mild fever and nausea also can be symptoms of E. coli infection.

To thoroughly understand the risks of E. coli and to protect your legal rights, call the national food safety law firm of PritzkerOlsen Attorneys, 1-888-377-8900 (toll free). Our firm is involved in virtually every major foodborne illness outbreak in the United States and our lawyers are nationally recognized experts in representing E. coli victims and their families.

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Company Recalls 89,531 pounds of chicken bouillon

A California company has recalled 89,531 pounds of chicken bouillon after customs officials called attention to the fact that it contained processed chicken from another country that did not meet U.S. poultry product inspection standards.

The move was announced by the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS). The source of the ingredients in the bouillon could not be identified.

The granulated bouillon was distributed by Wei-Chuan USA Inc. of Bell Gardens, Calif. The product had been sold in California, Illinois, New Jersey, Texas and Washington. The FSIS has received no reports of illness in association with the recalled bouillon.

The three products involved in the recall are:
  • 1-pound cans of Wei-Chuan granulated chicken bouillon
  • 2.2-pound cans of Wei-Chuan granulated chicken bouillon
  • 5-pound plastic pouches of Wei-Chuan granulated chicken bouillon.

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Consumer Confidence in Food Supply Drops

Consumer confidence in the U.S. food supply is at its lowest level since the University of Minnesota Food Industry Center first started tracking food safety perceptions in a weekly online survey.

The latest results indicated that only 22.5 percent of consumers in the study said they were confident that the food safety supply is safer than it was one year ago. It was the lowest reading since the study began in May 2008.

The finding was publicized in a press release issued by the University of Minnesota News Service. The release cited the peanut product Salmonella Typhimurium outbreak as a key factor in lowered confidence.

The outbreak has killed nine and sickened more than 650 people in 44 states. The families of three of the nine fatal victims are represented by national food safety law firm PritzkerOlsen Attorneys. Fred Pritzker, founder and president of the firm, has filed a wrongful death lawsuit against Peanut Corporation of America -- the company that federal officials have blamed for the outbreak.

The press release said that the drop in confidence mirrors a similar drop last year when another Salmonella outbreak traced to jalapeno peppers grown in Mexico sickened nearly 1,500 people.

The study continuously tracks consumer confidence in the domestic food supply via weekly online surveys of 175 consumers chosen new each week by a national market research company.

The U of M conducts the study jointly with the Louisiana State University Ag Center. The venture is funded by the National Center for Food Protection and Defense.

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Refrigerated Potatoes Recalled Over Listeria Test

Various packages of Simply Potatoes refrigerated potatoes have been recalled by Northern Star Co. after the Minnesota Department of Agriculture detected Listeria monocytogenes in a sample of Southwest Style Hash Browns.

The bacteria can be harmful to pregnant women and to people with weakened immune systems, including young children and the elderly.

National food safety law firm PritzkerOlsen Attorneys provides the complete recall list below. All packages have use-by dates of March 29, 2009 through April 3, 2009.

  • Simply Potatoes Shredded Hash Browns, 20 oz, UPC 20169-22233
  • Simply Potatoes Southwest Style Hash Browns, 20 oz, 20169-22236
  • Simply Potatoes Homestyle Slices, 20 oz, 20169-22237
  • Simply Potatoes Red Potato Wedges, 20 oz, 20169-22238
  • Diners Choice Shredded Hash Browns, 20 oz, 20169-22223
  • Farm Fresh Shredded Hash Browns, 20 oz, 20169-22533

The maker is a subsidiary of Michael Foods Co. of Minnetonka, Minnesota.

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Peanut Company Ignored Texas Recall Order

Texas health officials are taking over the consumer product recall related to the Plainview, Texas, plant of Peanut Corporation of America (PCA). The action was taken after getting no company response to a state-ordered recall that was issued February 12.

In a press release Friday, the Texas Department of State Health Services said the company's CEO, Stewart Parnell, is being notified that the agency will seek payment for the cost of carrying out the recall. Parnell's company is the cause of a nationwide Salmonella Typhimurium outbreak that has sickened more than 654 people and killed nine.

The state ordered the recall of all products ever made at the Plainview peanut processing plant after inspectors found dead rodents, rodent feces and bird feathers in a crawl space and an unsealed air handling system that was pulling debris from the crawl space into production areas of the plant.

The recall applies to products shipped since the plant first opening in March 2005. Officials in Colorado have associated at least three Salmonella infections in people who ate fresh-ground peanut butter made from peanuts that came from the plant.

The Texas press release said state officials are going through company records to notify past customers of PCA that they may have product that has been recalled.

PCA filed for Chapter 7 bankruptcy/liquidation after the Texas recall was ordered and the plant shut down. Originally, PCA's plant in Blakely, Georgia, was identified by federal authorities as the lone cause of the outbreak. Peanut butter and peanut ingredients made at the Georgia plant have led to consumer recalls of more than 2,200 products.

Even though PCA is liquidating, it continues to face a federal criminal investigation and lawsuits filed on behalf of victims. National food safety law firm PritzkerOlsen Attorneys has filed a Salmonella wrongful death lawsuit against PCA and King Nut Companies, a distributor.

The firm is accepting clients from across the country and is handling litigation for the families of three women who died in the outbreak. The three victims are Nellie Napier of Ohio and Minnesotans Shirley Almer and Doris Flatgard. To contact a food poisoning lawyer at our firm, call 1-888-377-8900 (toll free) or complete a free case consultation form.

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Trustee Appointed in PCA Bankruptcy Case

The newly appointed trustee in the Chapter 7 bankruptcy liquidation of Peanut Corporation of America says his first job is to secure the company's facilities and financial accounts.

Ron Creasy of Roanoke, Virginia, was appointed by the U.S. Trustee to oversee the company's assets. He told Reuters news agency that he will soon start to evaluate insurance claims related to the national outbreak of Salmonella poisoning that put PCA out of business and led to more than 2,200 product recalls around the country. More than 642 people in 44 states have been sickened.

"We're going to have to work out the insurance claims and insurance proceeds for all the people that are injured and what other companies might try to make claims,'' Creasy said.

PritzkerOlsen Attorneys, a national food safety law firm, is representing victims of the Salmonella outbreak from all over the country. Our clients include the families of three people who died in the outbreak -- a third of the death toll.

To contact a peanut butter salmonella attorney at the firm, call 1-888-377-8900 or submit one of our free Salmonella consultation forms.

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Salmonella Outbreak Still Growing

Federal health officials say they are concerned that people are still eating contaminated peanut products from their cupboards and pantries, keeping the nationwide Salmonella Typhimurium outbreak alive.

The Food and Drug Administration and Centers for Disease Control and Prevention said Tuesday that the outbreak has sickened 642 people in 44 states and possibly contributed to nine deaths.

They said the outbreak peaked in December, but new cases continue to be reported in people who are eating foods from their own shelves that were previously recalled over Salmonella fears. The FDA continues to provide a searchable database for families to track all consumer product recalls related to the outbreak. New recall items are being announced daily. PritzkerOlsen Attorneys advises consumers to consult the database before eating peanut butter and other peanut-containing products. (Major store brands of peanut butter are NOT included in the list of potentially contaminated products).

FDA Product Recall List












FDA Salmonella Typhimurium Outbreak 2009. Flash Player 9 is required.



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Did Chicken Litter Cause E. coli Outbreak?

Well water tests are scheduled for Wednesday and Thursday this week as part of the state of Oklahoma's investigation into last year's E. coli O111 outbreak at Country Cottage restaurant.

In a report issued late last week,the office of Oklahoma Attorney General W.A. Drew Edmondson said the likely source of the outbreak was poultry waste scattered on fields within a five-mile radius of the restaurant.

The Oklahoma State Department of Health said it hasn't been able to find such a link and an area poultry industry source has called the attorney general's report speculative and "irresponsible.''
The Country Cottage E. coli O111 outbreak was one of the worst food poisoning outbreaks of 2008. One person died and 314 were sickened by the outbreak strain of bacteria. Most who were stricken had eaten at the independent restaurant in Locust Grove, Oklahoma, from Aug. 15 to Aug. 17.

The attorney general's report identified the restaurant's private well as the vehicle for transmission of the pathogen. According to the report, 39 active poultry houses are located within a five-mile radius of the restaurant. Each year, fields in the area are sprinkled with 5,000 to 7,000 tons of chicken litter. The report said E. coli O111 has been found in poultry waste in the past and that the land around the restaurant is at a gradient which provides a pathway for bacterial transport.

Moreover, the restaurant normally uses municipal water. But for two hours each day on Aug. 9 and 10 it switched to well water because pressure dropped in the municipal water supply, according to the AG's report.

Edmondson told the Pryor Daily Times: "The goal is to protect the public. We thought there were questions not being asked and answers not being provided.''

The state health department last year found E. coli contaminants at the restaurant's private well, but not the O111 strain that was active in the outbreak.

The health department's Leslea Bennett-Webb told the Pryor Daily Times that the agency is still investigating.

The attorney general asked the Oklahoma Department of Agriculture, Food and Forestry to ban application of poultry waste in the area around the restaurant, but the request was denied.
The well inspections that are to begin Wednesday will be conducted by the Oklahoma Department of Environmental Quality.

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Salmonella Deaths Point to Need to Protect Victims' Rights

I represent the families of three elderly women who died as a result of complications from Salmonella contracted from peanut products produced by Peanut Corporation of America.

These blameless seniors managed to survive all the vagaries of age, disease and trauma only to succumb to an agonizing and irreversible shut down of their vital organs occasioned by consumption of peanut prouducts.

PCA, the company at the heart of this national tragedy, has already sought protection from its creditors under federal bankruptcy laws. The company's president has invoked his right against self-incrimination in light of the criminal charges that will likely follow. The company's insurer, Hartford, commenced litigation seeking to protect its rights by claiming its multi-million dollar policy does not apply to the losses suffered by my clients and the hundreds, if not thousands, of other victims of this outbreak. Everybody's rights are being protected, it seems, except those of the victims who suffered the greatest losses of all: their health and in some cases, their lives.

This isn't right. Take the case of Nellie Napier, an Ohio woman who lived in a nursing home and died on January 26. Abandoned by her husband, this mother of five children under the age of 18, went to work at a local company in 1967 earning less than a dollar per hour. She retired from the same company 23 years later never having made much money and with a "pension" of less than $100 per month, but never once accepting government assistance. Until entering an assisted living facility and later a nursing home, she lived for thirteen years with one of her five children. A newspaper account of her life and death by Salmonella carried the headline: "Cleveland Indians fan and hero to her children, not just salmonella victim."1

What about the rights of the Nellie Napiers of this country? Who's protecting them? Food consumers – and we all are - have a sacred pact with the purveyors and regulators of food products: we will buy from (and enrich) you, we will trust you to protect us, but in exchange for that you have to promise to protect us from the invisible pathogens that you know of and can remove but we are powerless to detect.

The head of PCA, Stewart Parnell, made millions in the peanut business. He was a respected member of the peanut producing community. In that respect, he is no different than Bernard Madoff , another trust abuser who invoked his rights as his customers lament the lack of theirs. The difference is they only lost money. Nellie Napier never had much and now she's dead.

To contact attorney Fred Pritzker, please call 1-888-377-8900 (toll-free), email Fred or submit our free Salmonella consultation form.

References:
1. "Medina man refuses to let outbreak define mom: Nellie Napier, 80, was Cleveland Indians fan and hero to her children, not just a salmonella victim," Akron Beacon Journal, February 14, 2009.

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Salmonella Victim Nellie Napier

Nellie Napier's family doesn't want her to be the nameless ninth casualty of a peanut butter Salmonella outbreak that has swept the nation.
The 80-year-old resident of Medina County, Ohio, was a die-hard Cleveland Indians fan and a loving grandmother to 13 grandchildren and 11 great-grandchildren. She was quiet -- even shy -- but she was very well-liked by everyone she met and she had lots of friends.
Most importantly, she is the woman who struggled on her own in the 1960s and 70s to raise five sons and one daughter on a meager income -- too proud to accept government assistance. For part of that time she was making 98 cents an hour at a latex factory. When her eldest son was old enough, he went to work to help pay the mortgage.
That's the story Nellie's son Randy told the Akron Beacon Journal newspaper in a story that ran this weekend.
"She dedicated her life to raising us,'' he said.
Mrs. Napier died January 26 from sepsis due to Salmonella. She had been living in a long-term care facility and regularly ate peanut butter to help regulate her blood sugar.
The family chose Fred Pritzker of national food safety law firm PritzkerOlsen Attorneys to represent them in a peanut butter wrongful death action against Peanut Corporation of America, the maker of the peanut butter and the company that federal authorities have identified as the cause of the outbreak. Pritzker’s other clients in the outbreak include the families of two Minnesota women who also died after eating peanut butter in assisted living centers.
Randy Napier told the Beacon Journal that his family -- like other PritzkerOlsen clients -- are outraged and will fight for new food safety laws to protect American families from adulterated products.
“She was very well liked by everyone she met and would not harm a flea,'' Randy Napier said.

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Salmonella Tied To PCAs Texas Plant

The Colorado Department of Health and Environment has traced six Salmonella illnesses to peanut ingredients made at the Plainview, Texas, plant of Peanut Corporation of America (PCA).
The finding marks the first time that any Salmonella illnesses in the ongoing Salmonella Typhimurium outbreak have been associated with any other plant other than PCA's processing facility in Blakely, Georgia.
"This certainly widens the scope of the investigation,'' Alicia Cronquist, epidemiologist for the Colorado Department of Public Health and Environment, told the Portland Oregonian newspaper.
Cronquist said six of 16 people in Colorado sickened by the outbreak strain of Salmonella ate peanut butter ground at a self-service machine at Vitamin Cottage, a natural foods chain based in Lakewood, Colorado. The peanut ingredients came from PCA's Texas plant. One of the six ill persons had to be hospitalized.
PCA has filed for bankruptcy liquidation and gone out of business. But the bankruptcy filing won't halt a federal criminal investigation of the company, nor will it deter lawsuits, including a Salmonella wrongful death suit filed by national food safety law firm PritzkerOlsen Attorneys in Minneapolis.
The firm represents the families of three women -- two in Minnesota and one in Ohio -- who died with Salmonella infections after eating adulterated peanut butter made at the Georgia plant.
The investigation of the peanut butter Salmonella outbreak centered exclusively on PCA's plant in Georgia until Texas health inspectors found unsafe conditions and preliminary signs of Salmonella at the Plainview facility. Texas authorities ordered a recall of all peanut products ever made at the plant.

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E. coli Outbreak Grows in Colorado

Seven more cases of E. coli O157:H7 have been recorded by Denver Public Health, bringing to 27 the number of illnesses in an outbreak first announced on Feb. 6.
The Denver Post, quoting Denver Public Health spokeswoman Dee Martinez, said the investigation is continuing.
When the agency first announced the outbreak, its director said the working hypothesis was that the cause was possibly associated with the National Western Stock Show, an event that drew more than 640,000 visitors over 15 days early this year in Denver.
Tests results were expected by now that were expected to help pinpoint the cause of the outbreak, but Denver Public Health was mute on that issue in announcing the additional cases.
Of the first 20 illnesses defined in the outbreak, 16 were in children who had attended the livestock extravaganza, which included a rodeo.
What possibly could have caused the outbreak? Why isn't there more information about this public health threat from health officials? We welcome your comments.

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Peanut Corporation of America Goes Bankrupt

A lawyer representing Peanut Corporation of America (PCA) informed PritzkerOlsen Attorneys Friday that the Virginia-based peanut processor is going out of business via bankruptcy liquidation.
PritzkerOlsen represents clients in PCA's massive Salmonella outbreak, including the families of two Minnesota woman who died after eating contaminated peanut butter at assisted living centers in Brainerd.
Firm founder and president Fred Pritzker told The Associated Press that the development could delay justice for hundreds of people sickened in the national food poisoning scare. The immediate consequence could put lawsuits on hold, but Pritzker said he will attempt to fight through any blockades.

"For all the people whose loved ones have been killed or people who have been out of work or suffered serious injury or who have incurred medical bills, right now they are just left with a lump of uncertainty,'' Pritzker told the AP.

In a wrongful death lawsuit that Pritzker has filed on behalf of the heirs of Shirley Mae Almer, one of the Salmonella victims, the two current respondents are PCA and Ohio-based King Nut Companies, distributor of peanut butter made at PCA's contaminated plant in Blakely, Georgia.
According to the Centers for Disease Control and Prevention, more than 637 people in 44 states have been sickened by peanut butter and peanut paste made by PCA. Much of the product was sold as ingredients to food manufacturers, resulting in more than 2,000 consumer recalls of peanut-containing products across the country.
PCA last month closed its Georgia plant. This week, after signs of Salmonella bacteria were found at PCA's plant in Plainview, Texas, that facility was shut down. On Friday, an inspection by Texas health investigators led to a recall of all products ever made at the plant.
They found rodents, feces and feathers in a crawl space. The plant's air-handling system was sucking debris from the crawl space into a peanut processing area.
We welcome your comments. What do you think of PCA's bankruptcy filing?

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$$$$ Swirled in Company Salmonella E-mails

The Oversight and Investigations Subcommittee of the Committee on Energy and Commerce released copies Wednesday of internal company e-mails regarding Salmonella issues at the Blakely, Georgia, plant of Peanut Corporation of America (PCA).
Federal authorities have linked peanut butter and peanut paste made at the plant to a Salmonella outbreak that has sickened more than 600 people in 44 states and may have caused nine deaths.
The e-mails were released the same day that two executives at Virginia-based PCA invoked their rights against self-incrimination in refusing to testify before the subcommittee. The executives were Chief Executive Stewart Parnell and Georgia Plant Manager Sammy Lightsey.
Cornell University food safety professor Joseph Hotchkiss told The Associated Press that what he saw in the e-mails "might be interpreted as reckless disregard for the health of the consuming public.'' He said the documents show "abundant concern for PCA but little regard for the health and well-being of the people.''
On Sept. 29, 2008, for example, Lightsey e-mailed Parnell to note a positive test result for Salmonella in a lot of 441 cases of peanut granules produced four days earlier. They were being retested, but results weren't expected for another four days. Parnell responded: "We need to discuss this... the time lapse, besides the cost is costing us huge $$$$$ and causing obviously a huge lapse in time from the time we pick up peanuts until the time we can invoice.''
An e-mail from Lightsey to Parnell on Aug. 11 talked about a previous positive test result for Salmonella in products at the Blakely plant. Another firm retested the products and when they were deemed "clean'' on Aug. 21,' Parnell wrote an e-mail the same day saying, "Okay, let's turn them loose then.''
Despite the obvious dealings with Salmonella in 2008, Parnell wrote an e-mail on Jan. 12, 2009, that was circulated widely to company personnel. "As you probably know, we send hourly PB samples to an independent lab to test for Salmonella during production of peanut butter, and we have never found any Salmonella at all.''
By then, Minnesota health officials had taken samples of peanut butter produced by PCA and found Salmonella bacteria that was a genetic match to the outbreak strain. But Parnell wrote in his e-mail that the open container of peanut butter must have been cross-contaminated somewhere else, long after leaving the plant.
"Don't worry,'' the e-mail said. "We are well positioned to deal with this event no matter what happens... we were not the cause of this outbreak.''

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Almer Testimony Captivates Hearing

Passionate testimony from Jeffrey Almer, whose mother died of Salmonella poisoning after eating contaminated peanut butter, captivated a congressional subcommittee on the same day that two executives of the peanut butter company refused to answer questions.
"Their behavior is criminal in my opinion,'' Jeffrey Almer said of the manufacturer, Virginia-based Peanut Corporation of America (PCA). "I want to see jail time and I want to see them served nothing but the putrid sludge they've been troweling out.''

Almer told the committee his mother had survived lung and brain cancer in 2007 and 2008. She was recovering nicely from a urinary tract infection and talking about getting a new puppy when she was suddenly sickened with Salmonella. She died December 21 at a hospital in Brainerd with family gathered around her.

"Cancer couldn't claim her, but peanut butter did,'' Jeffrey Almer said. "Our family feels cheated. My mom should be with us today.''

Almer's testimony, which was streamed live over the Internet on Wednesday, came before the Oversight and Investigations Subcommittee of the Committee on Energy and Commerce. He and his siblings are clients of national food safety law firm PritzkerOlsen Attorneys, which has filed a Salmonella wrongful death lawsuit against PCA and distributor King Nut Companies in Hennepin County District Court in Minneapolis.

PritzkerOlsen also represents the family of Doris Flatgard, 87, who died January 4 with a Salmonella infection after eating the same brand of peanut butter consumed by Mrs. Almer.

Jeffrey Almer told the subcommittee that his mother was a proud American businesswoman who had a lot of "Sisu,'' which is what Finnish people call a person with spunk, fortitude and determination.

Just after New Year's Day, the Minnesota Department of Health informed the family that Shirley Almer had a positive test for Salmonella that matched the outbreak strain.
"She had unknowingly consumed Salmonella-laced peanut butter while in her immune compromised state of health,'' Almer told the subcommittee. "Our grief was replaced by anger as we struggled to accept this very preventable tragedy.''
Almer told the subcommittee that PCA "appears to be more concerned with squeezing every dollar possible at the expense of sanitary conditions and sound food manufacturing processes.''
He continued: "PCA now has the blood of eight victims on their hands, along with the shattered health of a known 600 others'' who were sickened by the outbreak stain of Salmonella. He said PCA's legacy "is now that of a company that did what it could get away with until their shoddy practices led to one of the nation's largest recalls.''

What he didn't realize is that officials in Ohio were confirming on Wednesday that a ninth death may have been caused by the outbreak strain of Salmonella.
Mr. Almer closed his testimony by railing against America's underfunded food regulatory safety net.
"Shirley Almer loved this country but was terribly let down by a broken and ineffective food safety system. She was let down in the worst possible way by the very government whose responsibility it is to protect its citizens,'' he said. "We need strong laws, regulations and effective enforcement enacted to protect our families.''

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Salmonella Timeline: Highlights of an Outbreak

The Peanut Corporation of America Salmonella outbreak is in its sixth month, but problems at the Georgia processing plant where it all began go back even further -- to 2006.
The Associated Press has released a detailed timeline of events taking us all the way up to this week, when the Centers for Disease Control and Prevention announced that more than 600 people have been sickened in 44 states. Eight deaths are associated with the outbreak, including three in Minnesota.
PritzkerOlsen Attorneys has filed a Salmonella wrongful death lawsuit against PCA and distributor King Nut Companies. The suit in Hennepin County District Court alleges company negligence in the wrongful death of Shirley Mae Almer, 72, of Perham Minnesota. Another suit is pending by PritzkerOlsen in the wrongful death of Doris Flatgard, 87, who also died with a Salmonella infection after eating peanut butter made at the Georgia plant.


Timeline


  • 2006: Four inspections by the Georgia Department of Agriculture cite
    numerous, repeated violations at the plant. The violations include food residue buildup,
    storage on floors and improper use of duct tape.
  • Aug 2007: Three samples taken the Georgia Department of Agriculture test negative for salmonella and pesticides.
  • 2008: Seven tests performed for the company are positive for Salmonella. In at least two cases, the product is shipped before retest is negative.
  • Sept. 8, 2008: First reported illnesses begin.
    Nov. 25, 2008: CDC, working with state and local partners, begins an epidemiological assessment of a cluster of Salmonella cases reported from 12 different states.
  • Dec. 21, 2008: Shirley Mae Almer, 72, of Perham, Minn., dies with a Salmonella infection later determined to match the outbreak strain.
  • Jan. 4, 2009: Doris Flatgard, 87, of Brainerd, Minn., dies with a Salmonella infection later determined to match the outbreak strain.
  • Jan. 5, 2009: Weeks of investigation by Minnesota Departments of Agriculture and Health lead state officials to zero in on King Nut peanut butter in use at the nursing home where Mrs. Almer had been living. Other institutions where clusters of illnesses appeared also used the King Nut brand. Samples are taken for testing.
  • Jan. 9, 2009: The FDA and the Georgia Department of Agriculture initiate an environmental investigation at the PCA plant in Georgia.
  • Jan. 9, 2009: PCA voluntarily stops production of peanut butter and peanut paste at its Georgia plant.
  • Jan. 10, 2009: King Nut Companies announces a recall of King Nut peanut butter manufactured by PCA.
  • Jan. 12, 2009: The Minnesota Departments of Agriculture and Health confirm a genetic match between Salmonella found in the container of King Nut peanut butter and the outbreak strains.
  • Jan. 13, 2009: PCA recalls all peanut butter produced in its Blakely, GA, processing plant on or after July 1, 2008, because of possible Salmonella contamination.
  • Jan 16, 2009: Connecticut health officials confirm the presence of Salmonella in an unopened 5 pound tub of peanut butter.
  • Jan. 27, 2009: FDA finishes its investigation of the PCA plant and lists problems that included shipment of products after they tested positive for Salmonella.
  • Jan. 28, 2009: PCA voluntarily recalls all peanuts and peanut products processed in its Blakely, GA, plant since 1 Jan 2007.
  • Jan. 29, 2009: The FDA and CDC confirm the sources of the Salmonella outbreak are peanut butter and peanut paste produced at the Georgia plant.
  • Jan. 30, 2009: FDA official announces criminal investigation of PCA.
  • Feb. 2, 2009: President Barack Obama promises a comprehensive review
    of the FDA.
  • Feb. 3, 2009: The Associated Press reports PCA's plant in Plainview, Texas, operated for years uninspected and unlicensed by government health officials.
  • Feb 5. 2009: PCA suspended from participating in school lunch and other government contract programs for at least a year. Stewart Parnell, PCA president, removed from the USDA's Peanut Standards Board.
  • Feb. 6, 2009: Ag Department says that it shipped possibly contaminated peanut butter and other foods to free school-lunch programs in California, Minnesota and Idaho in 2007 under a contract with PCA.
  • Feb. 9, 2009: FBI raids Georgia plant and PCA headquarters to gather evidence in criminal investigation. PCA closes its peanut processing plant in Plainview, Texas, after private test detects the possibility of Salmonella in certain products.
  • Feb. 11, 2009: House Committee on Energy and Commerce holds a pubic hearing in Washington, D.C., to examine the Salmonella outbreak, especially the actions of PCA executives and performance of regulatory agencies.

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Peanut Corp. of America Expands Recall

Contrary to earlier reports, the company that federal officials say caused a nationwide Salmonella outbreak sold some products directly to retail stores.
Peanut Corporation of America has issued an expanded recall of its products to include jars and cans of Casey's Dry Roast Peanuts, Casey's Honey Roasted Peanuts, Parnell's Pride Dry Roasted Salted Peanuts and Reggie's Ballpark Style Peanuts Original Salted. The products were sold to retail stores including Dollar Tree, Dollar Ceneral, 99 Cent Stuff and 99 Cent Only stores.
Originally, the Lynchburg, Virginia,-based peanut processor had said it only sold to wholesale outlets, including hundreds of food companies that used peanut butter and peanut paste as ingredients in other food.
But this week, Peanut Corporation of America said it was moving to clear up possible confusion by stating that it sold some products direct to retail in 2007. Those retail products should be considered part of the company's earlier recall of all products made at its Blakely, Georgia, plant since Jan. 1, 2007, the company said in a news release.
Overall, more than 1,790 products with ingredients made at the Georgia plant have been recalled in an ongoing process overseen by the U.S. Food and Drug Administration.
The Georgia plant has been idled during the federal government's investigation of the Salmonella outbreak, which has sickened more than 575 people in 43 states. Eight deaths, including three in Minnesota, may have be associated with the Salmonella outbreak, officials have said.
The federal response to the outbreak includes a criminal investigation of Peanut Corporation of America (PCA) and the government has moved to block the company from selling any goods to any federal entity, including the school lunch program, for more than a year.
PritzkerOlsen Attorneys, a national food safety law firm, is representing the families of two Minnesota women who died with the outbreak strain of Salmonella after eating peanut butter made by PCA. Filed in Hennepin County District Court is a wrongful death lawsuit against PCA on behalf of the heirs of Shirley Mae Almer, 72, of Perham, Minn. She died Dec. 21.
PritzkerOlsen has considerable experience and a reputation for success in representing survivors of foodborne illnesses. The firm is involved in virtually every national outbreak and has collected large sums on behalf of people injured or killed by adulterated food. In addition, the firm is devoted to educating the public about food safety issues and advocating for badly needed food safety legislation.

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Cub Foods Cookies Recalled in Salmonella Outbreak

Five varieties of cookies made by Cub Foods have been recalled as part of the Peanut Corporation of America peanut product Salmonella recall.
The Stillwater, Minn.,-based food retailer said the Cub Foods-brand cookies were sold at Cub stores in Minnesota and Iowa. They were marked with a sell-by date through and including January 29, 2009.
Cub said the move was precautionary, based on Peanut Corporation of America's (PCA's) recall of Parnell's Pride brand peanut butter, which is used by store bakeries. There have been no reported cases of illness related to the cookies that Cub is recalling.
At least 36 confirmed cases of the outbreak strain of Salmonella have been reported in Minnesota, where three people have died.
PritzkerOlsen Attorneys, a national food safety law firm based in Minneapolis, has filed a Salmonella wrongful death lawsuit in Hennepin County District Court against Peanut Corporation of America and Ohio-based King Nut Companies, a distributor of PCA peanut butter.
The suit is filed on behalf of the heirs of Shirley Mae Almer, 72, of Perham. Mrs. Almer died Dec. 21 after becoming infected with the outbreak strain of Salmonella. Minnesota health officials determined that peanut butter served in the Brainerd nursing home where she was residing was contaminated by the same Salmonella serotype.
PritzkerOlsen plans to file a second wrongful death lawsuit against PCA and King Nut for the family of Doris Flatgard, 87, who also was residing in a Brainerd nursing home when she became infected with Salmonella. Mrs. Flatgard died Jan. 4.
PritzkerOlsen has considerable experience and a reputation for success in representing survivors of foodborne illnesses. The firm is involved in virtually every national outbreak and has collected large sums on behalf of people injured or killed by adulterated food. In addition, the firm is devoted to educating the public about food safety issues and advocating for badly needed food safety legislation. Contact us for Salmonella peanut butter and peanut paste lawsuit information.
The peanut product Salmonella outbreak has led to one of the biggest product recalls in U.S. food poisoning history. The U.S. Food and Drug Administration has established a searchable index for consumers to keep track.
The five Cub cookie varieties being recalled are: Cub Foods Peanut Butter Cookies, 12ct./12 oz, UPC 41303-63070; Cub Foods Peanut Butter Cookies, 24ct./24 oz, 41303-63003; Cub Foods Peanut Butter Blossom Cookies, 18ct/ 11 oz, 41303-67091; Cub Foods Peanut Butter Blossom Tray, 36ct./22 oz, 41303-63056; Cub Foods Iced Peanut Butter Cookies with Chocolate Icing, 12ct/12 oz, 41303-63028.

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Investigators Await E. coli Lab Tests

The doctor leading the investigation into an outbreak of E. coli O157:H7 illnesses in Colorado says laboratory test results are due in the coming week that could determine the cause.
Dr. Chris Urbina of Denver Public Health told the Denver Post that the working hypothesis is that the outbreak is linked to the Western National Stock Show in Denver. Of the 20 invidiuals who have been infected with a matching strain of E. coli O157:H7, 16 are children who attended the animal show. The median age of the group is 5 years old.

The Stock Show, an event that drew more than 640,000 attendees over 15 days, is cooperating in the investigation.

Health officials have said they are concerned about the outbreak spreading at daycare centers and schools where kids infected with E. coli O157:H7 interacted with others before they knew they were carrying the bug.

For instance, Julie Bragdon of Montessori School of Denver sent a letter home to parents after she learned that one of 297 children at the school had contracted the pathogen. The infected student had gone to the stock show, Bragdon told the Denver Post.

PritzkerOlsen Attorneys has considerable experience and a reputation for success in representing survivors of foodborne illnesses, including E. coli. The firm is involved in virtually every national outbreak -- including the current peanut-related Salmonella outbreak that may have caused eight deaths. The firm has collected large sums on behalf of people injured or killed by adulterated food.

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FOR IMMEDIATE RELEASE
Contact: Fred Pritzker 1-888-3777-8900 (toll-free)

MINNEAPOLIS, MN – February 6, 2009 – Eating contaminated food is still far and away the most common way for people to become infected with E. coli O157:H7, a deadly pathogen that sickens more than 70,000 Americans each year.

But national food safety law firm PritzkerOlsen Attorneys is reminding families early in 2009 that contact with animals at livestock shows, petting zoos and other exhibits is another proven way for the organism to travel.

The law firm's warning stems from a current E. coli O157:H7 outbreak in Colorado. Health officials there are investigating an apparent connection between a growing number of genetically matched infections and attendance at the recent Western National Stock Show in Denver.

According to numerous press reports, at least 20 people who live on the Front Range in Colorado have been infected with the same strain of E. coli. Sixteen of the illnesses are in children who attended the animal exhibit, including a child who is 17 months old. The two-week show drew more than 643,000 attendees before it ended January 25 and health officials expect the number of E. coli O157:H7 infections in the current outbreak to grow.

"This outbreak should not have happened and could have been prevented,'' said Fred Pritzker, founder and president of PritzkerOlsen. "When stock shows encourage or permit public contact with animals, there is a well known risk of E. coli O157:H7 infection and equally well known measures that should be in place to prevent such infections.''

Pritzker said the Centers for Disease Control and Prevention (CDC) and the National Association of State Public Health Veterinarians, Inc. (NASPHV) published a compendium of such infection prevention measures almost four years ago.

"Although the matter is still under investigation, it seems likely that rules of this sort were not implemented or followed,'' he said.

Escherichia coli O157:H7 is a rare variety of E. coli that produces a toxin that causes severe damage to the lining of the intestine. Specifically, the acute disease caused by E. coli O157:H7 is hemorrhagic colitis. E. coli O157:H7 can also result in hemolytic uremic syndrome (HUS), the leading cause of kidney failure in children in the United States.

With the understanding that children are more at risk for being seriously injured or killed by E. coli O157:H7 infection, it is imperative for families and school groups to take precautions while attending petting zoos, livestock shows and other animal exhibits.

Based on guidelines set by the (CDC) and the National Ag Safety Database, PritzkerOlsen presents the following strategies to reduce the risk of E. coli transmission in settings with animals:

  • Locate hand-washing stations and always wash your hands after being in an area with animals, even if you don't touch them. Bacteria can be spread by shaking hands, touching railings or coming in contact with soil.
  • Running water and soap are best for hand washing. Where there is no running water, hand sanitizing gel is better than nothing.
  • Don't consume food or drinks in any area shared with animals.
  • Older adults, pregnant women, people with weakened immune systems and young children should be extra careful.
  • Avoid hand-mouth activities such as smoking, drinking or nail biting in any area shared with animals.
  • Do not eat or drink raw (unpasteurized) milk or other dairy products.
  • Children younger than 5 years old need adult supervision around animals.
  • Never allow children to put their hands, toys, pacifiers or other objects in their mouths while around animals.
  • Supervise the hand washing of children.
  • Even after hand washing, be aware that exposure to E. coli O157:H7 can come from shoes, contaminated clothing or even strollers that were in areas shared with animals.

PritzkerOlsen currently is representing victims of the nationwide Salmonella outbreak linked to peanut butter and peanut products made by Peanut Corporation of America at a plant in Blakely, Georgia. The Minneapolis-based firm is representing the families of two Minnesota women who died in the outbreak after consuming contaminated peanut butter served on toast.

In one case, Pritzker already has filed a wrongful death lawsuit against Peanut Corporation of America and King Nut Companies, a peanut butter distributor.

PritzkerOlsen has considerable experience and a reputation for success in representing survivors of foodborne illnesses, including E. coli, Listeria, Salmonella and Shigella. The firm is involved in virtually every national outbreak and has collected large sums on behalf of people injured or killed by adulterated food.

In addition, the firm is devoted to educating the public about food safety issues and advocating for badly needed food safety legislation and increased funding for the federal, state and local agencies charged with protecting our food and enforcing food safety laws.

Pritzker and members of his firm are frequent guests and commentators about food safety issues and have been interviewed by and profiled in a number of media sources including The New York Times, The Wall Street Journal, The Associated Press and CNN.

For more information, visit http://www.pritzkerlaw.com or contact Fred Pritzker at 1-888-377-8900 (toll-free). PritzkerOlsen has offices are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402

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Colorado E. Coli: National Western Stock Show

At least 20 cases of E. coli have been associated with the National Western Stock Show, which was held in Denver, Colorado from January 10 to January 25, 2009, according to the Colorado Department of Public Health and Environment. Because the vast majority of these cases are children and many of them attend child care, health officials expect this number to rise.

“Because young children often put their hands and toys in their mouths, preschools and day care centers can quickly become hot zones for E. coli.,” stated Fred Pritzker, nationally-recognized food safety lawyer.

Chris Urbina with Denver Public Health stated that this strain of E. coli is particularly toxic and can cause hemolytic uremic syndrome (HUS), particularly in young children. HUS is a severe illness that can cause kidney failure, pancreatitis, brain damage, heart damage and damage to other organs. The mortality rate for HUS is from 5-15%.

The Colorado Department of Public Health and recommends the following for child care centers:
  • Report any cases of bloody diarrhea (even if there is only one) to your local public health agency or to CDPHE immediately.
  • Report any increase in the number of children or staff with diarrhea who attend your facility to your local health department or to CDPHE immediately.
  • Children or staff must not attend childcare while ill with diarrhea.
  • If it is known that a child/staff member with diarrhea attended the stock show, or if the facility took a trip to the stock show, the child/staff member should be referred to his/her health care provider for follow up and stool testing before returning to class. That stool test must be negative and the diarrhea must have resolved before the child/staff member can return to child care.
  • Any child/staff member with bloody diarrhea, regardless of whether he/she went to the stock show should be referred to his/her health care provider for follow up and stool testing before returning to class. That stool test must be negative and the diarrhea must have resolved before the child/staff member can return to child care.
  • If a child/staff member has diarrhea that is not bloody and did not attend the stock show, then the child/staff member is not required to provide a negative stool specimen, however diarrhea must be resolved before returning to child care.
  • Children and staff who are diagnosed with E. coli O157 must have two stool specimens that are negative for E. coli O157 or shiga toxin before returning to child care.
  • Children should not attend child care while they have diarrhea. Children who are diagnosed with E. coli O157 must have two stool specimens that are negative for E. coli O157 or shiga toxin before returning to child care.
Antibiotics are generally not recommended for E. coli O157 infection and may be associated with development of hemolytic uremic syndrome (HUS).

There are also sanitation measures that can be taken to help prevent disease. The best way for preschool and day care workers to prevent the spread of E. coli O157:H7 is to wash their hands. Bacteria can easily hide under a fingernail or anywhere on the hand that was not thoroughly washed with soap and water for at least 20 seconds. It is especially important that preschool and day care workers wash their hands after using the restroom, changing a diaper, preparing food, or feeding a child.

Other basic sanitation measures that preschools and day care centers are expected to maintain include the following: 1) clean and disinfect diapering area and potty chairs after each use; 2) clean toilets, sinks and toys at least daily; 3) cook all hamburger and ground beef until it reaches an internal temperature of at least 160 degrees Fahrenheit; 4) do not allow children to drink unpasteurized milk or fruit juices; 5) wash and disinfect all cutting boards, knives, utensils and dishes that have been used for raw meat or poultry before using them with fresh produce and other uncooked foods; and 6) do not let children serve or prepare food for other children.

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Chicken Products Recalled Over Salmonella

A Pennsylvania food company is recalling 983,700 pounds of frozen chicken entrees because they contain peanut products recalled by the Peanut Corporation of America (PCA) for possible Salmonella contamination.

The recall by Hain Celestial Group Inc. was announced by the U.S. Food Safety and Inspection Service (FSIS), which said the products may be linked to the ongoing outbreak of Salmonella Typhimurium caused by peanut butter and other peanut products made at the Blakely, Georgia, plant of PCA.

The FSIS classified the Hain Celestial recall as Class I with high health risk. The recall pertains to:
  • 10-ounce cartons of Ethnic Gourmet Chicken pad Thai, which contains peanut sauce and peanuts as garnish. UPC code# 18687-70054, lot codes "WC7" and "WC8."

  • 12-ounce bowls of Trader Ming's Spicy Kung Pao Chicken, which contains crushed and whole peanuts as garnish. UPC code 0379526, lot codes "WC7M" and "WC8."

The shipping containers bear the establishment number "P-9744" printed on the side of the boxes.

PritzkerOlsen Attorneys represents the families of two Minnesota woman who have died in the Salmonella outbreak -- Shirley Mae Almer, 72, of Perham and Doris Flatgard, 87, of Brainerd.

Fred Pritzer, president and founder of the national food safety law firm, has already filed a wrongful death lawsuit against PCA on behalf of Mrs. Almer's heirs. A second lawsuit for the family of Mrs. Flatgard is pending.

For the complete recall list related to the Salmonella outbreak, click here.

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AP: Peanut Plant in Texas Wasnt Licensed

State and federal health officials have been focused on the Blakely, Georgia, peanut processing plant of Peanut Corporation of America (PCA) as the cause of a nationwide Salmonella Typhimurium outbreak that may have contributed to eight deaths and more than 100 hospitalizations.
Nothing has changed in that regard, but The Associated Press reported in a recent story that a PCA processing plant in Plainview, Texas, operated for four years without a state license and without government inspection.

According to the AP, PCA opened the peanut processing plant in March 2005. But the facility was never licensed with the Texas Department of Health Services and had never undergone a government inspection, the AP story said.

The investigation of PCA's Georgia plant led investigators to also check out the company's other facilities. That's when the problem in Plainview was discovered. When health officials investigated the plant last month, they found no Salmonella bacteria, the AP said.

Nationwide, the Salmonella peanut butter outbreak has sickened more than 550 people. Victims have begun filing lawsuits, including the heirs of Shirley Mae Almer, 72, of Perham, Minnesota.

Mrs. Almer died December 21 at a Brainerd area hospital with an infection of Salmonella that later was matched to the outbreak strain.

Pritzker Olsen is representing the heirs of Mrs. Almer in her Peanut Corporation of America lawsuit. The national food safety law firm, which is based in Minneapolis, also will file a wrongful death lawsuit for the family of Doris Flatgard, 87, who died in the Salmonella outbreak on January 4.

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Will Government Be More Aggressive Against Food Poisoning?


Consumer watchdogs, including national food safety lawyer Fred Pritzker, are watching closely as the government reacts to the peanut butter Salmonella outbreak that has been associated with eight deaths and more than 100 hospitalizations since early September.
According to a weekend story by The Associated Press, there are signs that federal agencies and prosecutors could shift to a more aggressive stance with companies who sell contaminated food.
Pritzker, whose Minneapolis-based firm, Pritzker | Olsen, P.A., is representing the families of two Minnesota women who died in the outbreak, told the AP that prosecuting attorneys at the U.S. Department of Justice could bring more than civil charges or misdemeanors.
"If a U.S. attorney wanted to prosecute this as a felony, there are enough statutes they could use to charge it out as a felony,'' Pritzker said.
Pritzker has filed the first Salmonella wrongful death lawsuit related to the outbreak for the heirs of Shirley Mae Almer, 72, who died December 21 after consuming adulterated peanut butter made by Peanut Corporation of America (PCA). Pritzker also represents the family of Doris Flatgard, 87, who died January 4. A second lawsuit complaining of negligence by PCA will be filed soon for the family of Mrs. Flatgard.
The U.S. Food and Drug Administration (FDA) has said the outbreak was caused by peanut butter and other peanut products made by PCA at its plant in Blakely, Georgia. The facility has been idled and PCA has recalled all the peanuts and peanut products it has made there since January 1, 2007.
After the FDA reported recently that PCA sold products that initially tested positive for Salmonella at the Georgia plant, the agency announced that it has launched a joint criminal investigation of the company with the Justice Department.
The AP story said that if charges are pursued, it would likely be under the 1938 Federal Food, Drug and Cosmetic Act. The law gave the government leeway to charge food manufacturers if they were responsible for contaminated food. A 1975 Supreme Court ruling gave the government even more leverage by ruling prosecutors didn't have to prove that companies knew the food was contaminated.
Despite the 1975 ruling, it did not lead to much of an increase in prosecutions.
In 1996, there was a conviction against Odwalla Inc. on charges of shipping unpasteurized apple juice that killed a baby. The fine was $1.5 million. Five years later, Sara Lee Corp. was fined $200,000 after pleading guilty to misdemeanor charges of selling tainted meats in a listeria outbreak that killed 15 people, the AP reported.

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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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