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.

Food Safety Gaps Still Huge

In response to a new government report on food poisoning, national food safety lawyer Fred Pritzker has written an opinion column. Pritzker is founder and president of PritzkerOlsen, P.A., a firm that is involved in virtually every major outbreak of foodborne illness, representing victims in wrongful death lawsuits and compensation claims. The firm has a toll-free telephone number for reaching a food poisoning lawyer: 1-888-377-8900. PritzkerOlsen also has free case consultation forms available online.

By FRED PRITZKER

The CDC recently issued its report entitled “Preliminary FoodNet Data on the Incidence of Infection with Pathogens Transmitted Commonly Through Food --- 10 States, 2008.” (MMWR April 10, 2009 / 58(13);333-337).

This innocuous sounding document is statistical confirmation of what food safety lawyers already know: our food safety system needs improvement. As the report’s editorial note states:

Despite numerous activities aimed at preventing foodborne human infections, including the initiation of new control measures after the identification of new vehicles of transmission (e.g., peanut butter--containing products), progress toward the national health objectives has plateaued, suggesting that fundamental problems with bacterial and parasitic contamination are not being resolved.

Although significant declines in the incidence of certain pathogens have occurred since establishment of FoodNet, these all occurred before 2004. Of the four pathogens with current Healthy People 2010 targets, Salmonella, with an incidence rate of 16.2 cases per 100,000 in 2008, is farthest from its target for 2010 (6.8).

The lack of recent progress toward the national health objective targets and the occurrence of large multistate outbreaks point to gaps in the current food safety system and the need to continue to develop and evaluate food safety practices as food moves from the farm to the table.

I represent the families of three of the nine fatalities associated with the most recent national Salmonella outbreak involving Peanut Corporation of America. The loss of these three senior citizens (together with the other six deaths and thousands of injured people) is a national tragedy.

Sadly, it is but one of many outbreak before and since (following the peanut recall, there have been other national Salmonella outbreaks including sprouts, pistachio nuts and spices.

What’s truly scary about this merry-go-round of death and illness is the fact of its inadvertence.

No one intended to adulterate and sell Salmonella-laden food. If we cannot prevent and easily detect negligent outbreaks, how in the world are we going to reduce the risk of weaponized foodborne illness?

There are huge gaps in our current food safety system. Like anything else, you get what you pay for. If you want safer food, you have to develop a science-based system and then support it with enough money and manpower to make it work.

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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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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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