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.

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Texas Star Meat Beef Brisket Recall

On October 21, 2009, Lone Star Brisket Company, a Thorndale, Texas firm, has recalled approximately 14 pounds of smoked beef products that may be contaminated with Listeria monocytogenes.

The following products are subject to recall:
  • 2.5- 3-pound vacuum sealed packages of "Texas Star Meat Company HALF SMOKED BEEF BRISKET Fully Cooked." Each label bears the establishment number "EST. 27340" inside the USDA mark of inspection and a day-glo sticker "SLICED" next to the product label. Each package also has a Use By/Sell By date of "12/16/09," and can also be identified by the case code "285A."
  • 4-5-pound vacuum sealed packages of "Texas Star Meat Company WHOLE SMOKED BEEF BRISKET Fully Cooked." Each label bears the establishment number "EST. 27340" inside the USDA mark of inspection and a day-glo sticker "SLICED" next to the product label. Each package also has a Use By/Sell By date of "12/16/09," and can also be identified by the case code "285A."
The smoked beef brisket products were packaged on October 14, 2009 and distributed to a Department of Defense Commissary in Oklahoma City, Okla.

The problem was discovered through FSIS's microbiological sampling program. FSIS has received no reports of illnesses associated with consumption of this product.

If you are diagnosed with listeriosis, a serious illness caused by Listeria monocytogenes, contact Pritzker Olsen Attorneys at 1-888-377-8900 (toll free) or submit our online free consultation form.

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Torres Hillsdale Country Cheese Recall

Torres Hillsdale Country Cheese of Reading, Michigan announced a the recall of Oaxaca soft Mexican-style cheese due to potential Listeria monocytogenes contamination.

Products were distributed to the following states: Illinois and Minnesota.

The recalled Oaxaca cheese product was distributed to retails stores and delis in 10 pound balls, labeled with the name “Torres Hillsdale Country Cheese LLC.”

The recall was announced on April 22, 2009 and encompasses production dates 3/17/2009, with an expiration date of 5/20/2009.

No illnesses have been reported to date in connection with the recalled products. However, the incubation period for Listeria can be as long as 70 days. If you have Listeria symptoms, contact your doctor immediately. If you are diagnosed with listeriosis, contact our law firm about a Torres Hillsdale Country Cheese lawsuit: 1-888-377-8900 (toll free) or submit our free consultation form.

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Listeria Test Leads to Recall of Packaged Burritos

A Denver company has recalled 172 pounds of 5.3-ounce burritos sold individually in convenience stores Dec. 24 and 25 after tests by the USDA's Food Safety and Inspection Service (FSIS) found they may be contaminated with Listeria monocytogenes.

Home Fresh Sandwich Distributors Inc. made the products Dec. 23. In announcing the recall, the FSIS said no illnesses have been reported.

The recall pertains to 5.3-ounce packages of "7- ELEVEN Fresh to Go BURRITO WITH POTATOES, BACON, EGGS, & MONTEREY JACK CHEESE" with a "Best By" date of "Thursday 1225." The products bear the establishment number "EST. 19496" inside the USDA mark of inspection.

Consumption of food contaminated by Listeria monocytogenes can cause listeriosis, an uncommon but potentially deadly disease. Symptoms include severe headache, neck stiffness and nausea.

While healthy people rarely contract listeriosis, it can cause serious injury or death to infants, the elderly or people who have weakened immune systems. Pregnant women who eat food containing Listeria monocytogenes are at risk for stillbirth and miscarriage.

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Ohio Firm Recalls Sausage Over Listeria Concern

A company from Youngstown, Ohio, has recalled packages of Sopressata mild sausage after the U.S. Department of Agriculture's Food Safety and Inspection Service said the product might be contaminated with Listeria monocytogenes.

In a press release, the FSIS said late Friday that the product was produced in Canada Oct. 9 and distributed to a lone specialty retailer in Boardman, Ohio. No illnesses had been reported in connection with the finding, which happened in routine test sampling by the FSIS.

DeNiro Cheese of Youngstown said the one-pound packages are stamped with a use-by date of July 9, 2009. The product code is 91009 and the Canadian mark of inspection number is 476A.

When consumed, Listeria monocytogenes can cause Listeriosis, an uncommon but potentially fatal disease in children, the elderly and people who have weakened immune systems. The pathogen also can cause stillbirth or miscarriage in pregnant women.

Our law firm is one of the few in the nation that practices extensively in the area of foodborne illness litigation. We have represented several victims of Listeria outbreaks. Contact us regarding our experience in this area by calling toll-free at 1-888-377-8900.


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Listeria: American Sub Recall

Landshire, Inc. has recalled its American Sub sandwich because it has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Pregnant women are particularly susceptible to contracting Listeria infections, which can lead to miscarriage, stillbirth or an infant born with severe illness that could result in death.

The recalled American Sub sandwiches were distributed in the Midwestern States of: Indiana, Kentucky, Ohio and Pennsylvania. The recalled American Sub sandwiches were sold to Circle K Convenience Stores exclusively. There were 812 sandwiches produced on lot number 21882.

The American Sub sandwich label identifies it as: "Fresh from the Deli" American Sub. This is a pre-packaged, individually wrapped (clear plastic) with a black tray inside of package. Sandwich weight is 9.75ounces (276grams). UPC code is 9748800540. The American Sub sandwiches involved have a lot number of 21882. The lot number is printed in black ink on the side of the package.

If you have questions about legal representation for cases involving Listeria infections (listeriosis), including Listeria wrongful death and Listeria miscarriage, please call toll-free at 1-888-377-8900, email our lawyers or submit our online form for a free consultation.

Posted September 2008

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Fishers Dairy Listeria Risk

Raw milk from Fisher’s Dairy in Portersville, Pennsylvania, may be contaminated with Listeria monocytogenes. In 2006, Fisher's Dairy gave up its raw milk permit, but state inspectors found that the dairy had begun selling raw milk again without a permit.

“During an investigation of the dairy, inspectors purchased raw milk which tested positive for Listeria monocytogenes," said Pennsylvania Department of Agriculture Secretary Dennis Wolff. "If consumers have raw milk from this farm, they should discard it immediately."

No illnesses have been reported as a result of the potential Listeria contamination, but if people who consumed the raw milk become ill, they should consult their physicians.

The Pennsylvania Department of Agriculture has detained all milk products at the farm. Samples were taken from the farm on March 6, and tested positive for Listeria monocytogenes on March 10.

Symptoms of a Listeria infection (listeriosis) are fever, muscle aches, and sometimes gastrointestinal symptoms such as nausea or diarrhea. If infection spreads to the nervous system, symptoms such as headache, stiff neck, confusion, loss of balance or convulsions can occur.

Infected pregnant women may experience only a mild, flu-like illness, but infections during pregnancy can lead to miscarriage or stillbirth. (Read about Listeria/listeriosis miscarriage.)

Symptoms of listeriosis can appear in four days to two months. To date, the Pennsylvania Department of Agriculture has not received any reports of illness related to the Fisher's Dairy Listeria risk.

Posted March 2008.

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Gourmet Boutique Chicken Recall Due to Listeria Risk

Gourmet Boutique, L.L.C., a New York firm, has recalled approximately 6,970 pounds of meat and poultry products that may be contaminated with Listeria monocytogenes.

According to the USDA-FSIS Gourmet Boutique recall announcement, the following products are subject to recall: [View Labels, PDF Only]
  • 6-pound bulk packages of "GOURMET BOUTIQUE HONEY CHICKEN SALAD." Each package bears the establishment number "P-18799" inside the USDA mark of inspection.
  • 3-pound bulk packages of "GOURMET BOUTIQUE CHICKEN MARSALA." Each package bears the establishment number "P-18799" inside the USDA mark of inspection.
  • 3-pound bulk packages of "GOURMET BOUTIQUE GRILLED CHICKEN BREAST IN TERIYAKI SAUCE, PORTION CONTROL." Each package bears the establishment number "P-18799" inside the USDA mark of inspection.
  • 6-pound bulk packages of "GOURMET BOUTIQUE GRILLED LEMON CHICKEN, PORTION CONTROL." Each package bears the establishment number "P-18799" inside the USDA mark of inspection.
  • 6-pound bulk packages of "GOURMET BOUTIQUE GRILLED LEMON CHICKEN, PORTION CONTROL, Keep Frozen." Each package bears the establishment number "P-18799" inside the USDA mark of inspection.
  • 3-pound bulk packages of "GOURMET BOUTIQUE Home Style Chicken Salad." Each package bears the establishment number "P-18799" inside the USDA mark of inspection.
  • 4-pound bulk packages of "GOURMET BOUTIQUE Grilled Chicken B&E PRET A MANGER." Each package bears the establishment number "P-18799" inside the USDA mark of inspection.
  • 3.5-pound bulk packages of "GOURMET BOUTIQUE Breaded and Fried Chicken Cutlet." Each package bears the establishment number "P-18799" inside the USDA mark of inspection.
  • 3.125-pound bulk packages of "GOURMET BOUTIQUE ITALIAN STALLION TWISTER." Each package bears the establishment number "EST. 18799" inside the USDA mark of inspection.
  • 8-pound bulk packages of "GOURMET BOUTIQUE Meatloaf with Gravy KIT." Each package bears the establishment number "EST. 18799" inside the USDA mark of inspection.
  • 4.6-pound bulk packages of "GOURMET BOUTIQUE CHICKEN BURRITO." Each package bears the establishment number "P-18799" inside the USDA mark of inspection.
  • 3.125-pound bulk packages of "GOURMET BOUTIQUE TURKEYCLUB TWISTER." Each package bears the establishment number "P-18799" inside the USDA mark of inspection.
The recalled products bear the production code of "GBD 08058" on the package. The meat and poultry products were produced on Feb. 26 and 27, 2008, and were sent to retail establishments in Connecticut, Florida, Georgia, Massachusetts, Minnesota, New Jersey, New York, Pennsylvania, South Carolina and Wisconsin, and distribution centers in New York.

The problem was discovered through FSIS microbiological sampling. FSIS has received no reports of illnesses associated with consumption of this product, which is no surprise because the incubation period for Listeria can be as long as 70 days. Pregnant women who ate the above products should contact their medical provider, particularly if they experience flu-like symptoms. About one third of the cases of Listeria infection (listeriosis) in the United States involve pregnancies. Read about Listeria pregnancy and Listeria/listeriosis miscarriage.

Posted March 2008.

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Stop and Shop Recall: Deli Chicken Entrees and Listeria Risk

There have been a rash of related chicken entrée recalls due to possible contamination with Listeria monocytogenes. This is a multi-state problem involving a number of retail grocers. The following is from a press release issued by The Stop & Shop Supermarket Company, which recalled four types of prepared chicken:

The Stop & Shop Supermarket Company is voluntarily recalling four types of prepared chicken because they have the potential to be contaminated with Listeria monocytogenes.

The affected products were sold at the deli counter, both in bulk and prepackaged in various weights. The recall covers all of the following items sold on or after Feb. 26, 2008:

-- Breaded Chicken Cutlet (labeled GB BRD CHIX CUTLETS or GB BR CHIX
CUTLTS)
-- Chicken Marsala (labeled GB CHIX MARSALA)
-- Grilled Lemon Chicken (labeled GB GR LEMON CHIX or GB GR LNI CHCKN)
-- Grilled Teriyaki Chicken (labeled GB GR TERIYKI CHIX or GB GR TRYKI
CHICKN)

Upon being notified of the recall by the supplier, Stop & Shop immediately removed all recalled products from sale. To date, Stop & Shop has received no reports of illnesses associated with consumption of these products. [ Note from PritzkerOlsen: This is no surprise because the incubation period for Listeria can be as long as 70 days. Pregnant women who ate the above products should contact their medical provider, particularly if they experience flu-like symptoms. About one third of the cases of Listeria infection (listeriosis) in the United States involve pregnancies. Read about Listeria pregnancy and Listeria/listeriosis miscarriage.]

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Press Release: Pritzker Calls on Whittier Farms to Pay Medical Bills and Funeral Expenses

Contact: Fred Pritzker
Phone number: (612)338-0202 or toll-free at 1-888-377-8900

FOR IMMEDIATE RELEASE--MINNEAPOLIS--Fred Pritzker, a food safety lawyer with extensive experience with Listeria cases, called today on Whittier Farms of Shrewsbury, Massachusetts, to pay the medical bills of the people who were sickened by Listeria after consuming Whittier Farms milk products and the funeral expenses of the two victims who died. DNA fingerprinting has determined that the four people were sickened by the same source, and the Massachusetts Department of Public Health has associated Whittier Farms milk with the illnesses and deaths, according to a department statement.

"It is only fair that Whittier Farms pay for the medical bills and the funeral expenses while other legal issues, including compensation for pain and suffering, are pending. The families deserve that peace of mind," stated Pritzker.

Pritzker recently litigated and ultimately settled a Listeria case in which he represented two women who had been pregnant at the time they contracted Listeria infections and the family of an elderly man who died. These people and their families suffered immeasurably. No amount of money could fully compensate them for their loss but pursuing the companies responsible brought some comfort to the families. This was their way of helping to prevent anyone else from going through what they did.

PritzkerOlsen, P.A. is one of the few law firms in the United States that practices extensively in the area of foodborne illness litigation. For more information, visit http://www.pritzkerlaw.com or contact Fred Pritzker at (612) 338-0202. Pritzker Olsen has offices are located at Plaza VII, Suite 2950, 45 South Seventh Street, Minneapolis, Minnesota 55402.

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New Jersey Schools - Listeria Risk

On December 25, 2007, the Maramont Corporation, a New York firm, recalled approximately 88 pounds of a beef patty product that may be contaminated with Listeria monocytogenes. The recalled beef patties may have been served at school cafeterias in the Jersey City, New Jersey, area. Learn more about the Maramont beef patty recall and a possible Maramont lawsuit.

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Listeria Recall: Double B Foods Sausage Rolls

UDSA-FSIS has announced a Double B Foods sausage roll recall involving about 98,000 pounds of frozen sausage roll products due to possible contamination with Listeria monocytogenes. The frozen sausage roll products were produced by Double B Foods on various dates between Oct. 25 and Nov. 6, and were distributed to retail establishments in Texas, and institutions, catalogue sales and distribution centers in Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, New Jersey, New Mexico, New York, Oklahoma, Pennsylvania and Texas. The recalled sausage rolls were sold under a number of brands and may have been repackaged. The brands named in the FSIS announcement of the frozen sausage roll recall are Double B Foods, H-E-B, Smokey’s, Southern Heritage, and Wheeler. Read more about the Double B Foods sausage roll recall.

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Sale of Listeria-Contaminated Food Results in 15 Month Sentence

Timothy Delong, former president of Atlantis Foods, Inc., has plead guilty to charges of engaging in a scheme to defraud through the sale of adulterated food (food contaminated with Listeria monocytogenes), and a scheme to introduce misbranded food into interstate commerce in violation of Title 18, U.S.C. § 1341, and 21 U.S.C. §§ 331(a), 333(a)(2), and 343. R. Alexander Acosta, United States Attorney for the Southern District of Florida, David W. Bourne, Special Agent in Charge, Food and Drug Administration, Office of Criminal Investigations, and Lee Huttenbach, Special Agent in Charge, U.S. Department of Agriculture, Southeast Region, Office of Inspector General, announce that Mr. Delong was sentenced yesterday to fifteen (15) months in prison.

U. S. District Court Judge Daniel T. K. Hurley imposed the 15-month sentence and also ordered Delong to pay a fine of $5,000 and to pay restitution in the amount of $200,000 to the University of Florida’s Institute of Food and Agricultural Sciences to be used to support its programs in the area of food safety. The sentence will be followed by three years of supervised release.

Count 1 of the Information charged Delong with engaging in a scheme to defraud the customers of Atlantis Foods, Inc., where Delong served as president, through the sale of adulterated prepared foods. Delong, through Atlantis, sold chicken salad, Maine lobster dip, salmon cream cheese, salmon spread, chicken salad with almonds and cranberries, and crab stuffing which contained the harmful bacterium Listeria monocytogenes. Delong was president of Atlantis Foods, which on six occasions in 2003, allegedly produced and distributed food products containing Listeria monocytogenes. Delong failed to notify his customers after learning of the contamination and did not initiate a recall of the products.

Count 2 of the Information charged Delong with the introduction into interstate commerce of misbranded food, namely "Smoked Rainbow Trout Spread," between January 2002 and December 2003. According to court records, the spread, which listed trout as the first ingredient, was false and misleading in that the product in fact did not contain trout, but instead was made with tuna.

A copy of the press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov/ or on http://pacer.flsd.uscourts.gov/.

Mr. Delong's sentence seems light considering that he endangered the lives of thousands of people. Sentencing in these cases should serve to adequately punish the guilty individual and deter similar behavior. This sentence did neither.

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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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