In 2006, an E. coli O157:H7 outbreak was linked to packaged fresh spinach. 205 people were had laboratory-confirmed cases of the outbreak strain of E. coli O157:H7.1 According to the FDA, this was the 20th major outbreak of E. coli O157:H7 in fresh lettuce or spinach since 1995.2

This month, the United States House of Representatives Committee on Oversight and Government Reform issued a report on their investigation into the Food and Drug Administration’s efforts to protect the safety of packaged fresh spinach entitled, “FDA and Fresh Spinach Safety.” As part of the investigation, the committee requested and received inspection records for all FDA inspections of firms producing packaged fresh spinach from 2001 to 2007. The committee’s investigation of the FDA inspection records revealed that during this time period the FDA did not providing adequate oversight of packaged spinach plants and did not take enforcement actions when FDA inspectors observed and reported “objectionable conditions” at the plants. Instead the FDA requested voluntary compliance after recording violations, and there were numerous violations.

Labels: FDA, government reform, spinach ecoli

There is no excuse for unsafe and dangerous food products. My professional life is dedicated to holding food producers accountable for the harms and losses they cause by selling poisoned food.

But just as food producers must follow laws and regulations, so must lawyers follow their own professional rules when it comes to soliciting food safety survivors for legal representation.

All lawyers, including food safety lawyers, are required to comply with the Rules of Professional Responsibility. These rules specify what a lawyer can and cannot do in soliciting potential clients. For example, many states allow the lawyer to send a potential client a letter about the lawyer’s services, but no state allows a lawyer to directly contact a potential client. That means it is strictly forbidden for a food safety lawyer to call, visit or ask someone else to call or visit a food outbreak survivor in order to seek representation. Some lawyers try to get around this prohibition by sending out investigators or “runners” to contact potential clients under the guise of “providing information” or “offering assistance.” Whatever the alleged reason, direct or indirect contact is forbidden.

Lawyers are also prohibited from offering something of value to potential clients as an inducement for legal representation. Thus, a lawyer cannot offer goods, money, services or even offer to pay the client’s medical bills in order to induce an attorney-client relationship.

Lawyers are also required to put the client’s interests ahead of their own. For example, some lawyers rush out to find clients, so they can be first to file suit. The real purpose of this practice is usually to attract more clients rather than accomplish anything on behalf of the client for whom the suit is filed. Most ethical lawyers believe it is better to first investigate the case, obtain medical records and reports and understand the client’s losses before rushing to file suit and get publicity.

Your case is judged by the conduct of your lawyer. If he/she violates the rules, you should report the lawyer’s conduct to the Board of Professional Responsibility in the state where the lawyer practices.

Everyone – food producers, food distributors, food sellers and food safety lawyers – have to play by the rules.

Fred Pritzker has over three decades of experience representing survivors of foodborne illness and other unlawful conduct. He has collected millions of dollars on behalf of food safety victims. He is also a civil trial specialist certified by the National Board of Trial Advocacy and is a member of the American Board of Trial Advocates. Please contact Mr. Pritzker for a free case consultation by email (fhp@pritzkerlaw.com) or telephone (toll-free 1-888-377-8900).

Labels:food safety lawyer, lawsuits, lawyers

A phylogenetic analysis of E. coli O157:H7 has found that recombination or recurrent mutation has contributed to the evolution of E. coli O157:H7 into more virulent strains. The research was prompted by several recent outbreaks involving E. coli O157:H7 (e.g., 2006 spinach E. coli outbreak) that were “associated with more severe disease, as defined by higher hemolytic uremic syndrome and hospitalization frequencies, suggesting that increased virulence has evolved.”

500 E. coli O157:H7 clinical strains were analyzed and separated into 9 distinct clades:

Differences were observed between clades in the frequency and distribution of Shiga toxin genes and in the type of clinical disease reported. Patients with hemolytic uremic syndrome were significantly more likely to be infected with clade 8 strains, which have increased in frequency over the past 5 years. Genome sequencing of a spinach outbreak strain, a member of clade 8, also revealed substantial genomic differences. These findings suggest that an emergent subpopulation of the clade 8 lineage has acquired critical factors that contribute to more severe disease.

Read the results of this study published in Proceedings of the National Academy of Sciences of the United States of America.

As part of this study, Thomas Whittam, Hannah Distinguished Professor at the National Food Safety and Toxicology Center at Michigan State University and David Alland of the University of Medicine and Dentistry of New Jersey, two co-authors of the study, developed a new technique to test E. coli O157:H7 DNA.

Posted March 2008.

Labels: DNA testing,food safety