My Food Poisoning Lawyer

Raw Tuna Outbreak:  316 Victims in 26 States, at least 37 Hospitalized 

According the latest update from the Centers for Disease Control and Prevention (CDC), the total of 316 individuals have been infected with the outbreak strains of Salmonella Bareilly or Salmonella Nchanga in 26 states and the District of Columbia. The 58 new cases are from Alabama (1), California (2), Colorado (1), Georgia (3), Illinois (4), Indiana (1), Louisiana (1), Maryland (3), Massachusetts (6), New Jersey (1), New York (10), North Carolina (6), Pennsylvania (5), Tennessee (2), Texas (3), Virginia (6), and Wisconsin (3). 

• Three hundred and four persons infected with the outbreak strain of Salmonella Bareilly have been reported from 26 states and the District of Columbia. The number of ill persons with the outbreak strain of Salmonella Bareilly identified in each state is as follows: Alabama (3), Arkansas (1), California (4), Colorado (1), Connecticut (9), District of Columbia (2), Florida (1), Georgia (13), Illinois (27), Indiana (1), Louisiana (4), Maryland (27), Massachusetts (33), Mississippi (2), Missouri (4), Nebraska (1), New Jersey (26), New York (48), North Carolina (10), Pennsylvania (25), Rhode Island (6), South Carolina (3), Tennessee (4), Texas (7), Virginia (22), Vermont (1), and Wisconsin (19).  
• Twelve persons infected with the outbreak strain of Salmonella Nchanga have been reported from 5 states. The number of ill persons with the outbreak strain of Salmonella Nchanga identified in each state is as follows: Georgia (2), New Jersey (2), New York (6), Virginia (1), and Wisconsin (1) 

The earliest confirmed outbreak victim is reported to have become ill on or around January 28, 2012, and the latest reported cases became ill on or around May 3, 2012.  According to the CDC, any person who became ill after April 17, 2012 may well not be included yet due to the time it takes between when a person becomes ill and when the illness is reported. 

The youngest confirmed victim was less than one-year-old, and the eldest 86.  The median age of the victims is 30, with 59 percent of victims being female. So far, there are reports of at least 37 hospitalizations among the 217 persons for whom this information is available.  The 37 represent a hospitalization rate of approximately 17%. No deaths have been reported.

Investigation Update:  41 Tuna Samples Are Genetic Match to Salmonella Outbreak Strains

According to the CDC, laboratory testing conducted by state public health laboratories in Connecticut, Maryland, Massachusetts, Pennsylvania, South Carolina, and Wisconsin has isolated Salmonella from 53 (96%) of 55 samples taken from intact packages of frozen yellow fin tuna scrape from Moon Marine USA Corporation or from sushi prepared with the implicated scrape tuna product. Pulsed-field gel electrophoresis results are available for salmonella isolates from 41 of the 53 positive samples, and 36 samples yielded the outbreak strain of Salmonella Bareilly while another 12 samples yielded the outbreak strain of Salmonella Nchanga. Seven samples yielded the outbreak strains of both Salmonella Bareilly and Salmonella Nchanga.

The recall now covers both tuna scrape and tuna strips.  On April 13, 2012, Moon Marine USA Corporation (also known as MMI) of Cupertino, California voluntarily recalled 58,828 lbs. of a frozen raw yellowfin tuna product, labeled as Nakaochi Scrape AA or AAA. Nakaochi Scrape is tuna backmeat, which is specifically scraped off from the bones, and looks like a ground product.  Then, on May 10, 2012 Moon Fishery (India) Pvt. Ltd., the manufacturer of the frozen yellowfin tuna Nakaochi scrape recently recalled, expanded the voluntary recall to include its 22-pound boxes of “Tuna Strips”, Product of India, marked as “AA” or “AAA Grade” because the product has the potential to be contaminated with salmonella.

Simon & Luke Representing Salmonella Sushi Victims – First 3 Lawsuits Filed

If you contracted Salmonella poisoning after eating sushi, and were contacted by the health department, then you are likely one of persons sickened in this Salmonella sushi outbreak.  If so, you are entitled to a substantial salmonella settlement from Moon Marine USA Corporation and its insurers – i.e. full compensation for all of your medical bills, lost wages, and suffering you endured and will endure in the future.  Even if your illness was not life threatening, you will still receive substantial compensation from the companies responsible for your illness.

Please call Simon & Luke for a free consultation on your legal rights.  Our salmonella and food poisoning lawyers can help you with your Salmonella Bareilly and Salmonella Nchanga sushi lawsuit, claim, and settlement in Alabama, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Vermont, Wisconsin, and all affected areas. 

The firm has filed the first three lawsuits nationwide against Moon Marine, and will be filing additional suits in the near future. 

If you have questions or information about this outbreak, please call us toll free at 1-888-335-4901 or contact us by email at ron@simonluke.com.  

Our salmonella experts are standing by to answer any questions you may have.  We are here to help you.

Spartanburg’s El Mexicano #6 Center of E. Coli Outbreak

The South Carolina Department of Health and Environmental Control (DHEC), following an outbreak of E. coli 0157:H7 that has sickened at least 11, have finally named the local Mexican-food restaurant that is the likely source of the outbreak—El Mexicano #6.  The outbreak has sickened at least 11, at least three of which have been hospitalized.

Of the cases interviewed so far, DHEC said two reported that the infection has progressed to hemolytic uremic syndrome (HUS), a severe condition associated with an infection that leads to kidney failure. According to the DHEC, El Mexicano #6 on East Main Street voluntarily agreed to release its name to the public because of concerns for the many other restaurants in the Spartanburg area.  The DHEC said it has a policy not to release the name of a restaurant involved in an investigation unless it affects the health of the public, and in this case the DHEC does not believe there is an ongoing threat of infection.  While many of the victims report having eaten at El Mexicano, the DHEC officials say they have found “no conclusive link between the restaurant and those who have gotten sick during this outbreak,” and there is “no ongoing transmission of disease or current public health threat” related to the restaurant.

According to DHEC Public Information Officer Adam Myrick, it remains uncertain how many cases will be linked to this outbreak, or what product was the source of the E. coli infection.  He also stated that “if we had reason to believe there was an ongoing transmission or public health risk, there are actions we could take.” Myrick also said, “We are putting our disease detectives on this because that’s exactly what they are. They go in and piece together information. That’s what they’re doing right now.” Myrick emphasized that DHEC inspected the restaurant since the outbreak began and did not find any substantial violations. He said, “Please understand, when it comes to epidemiological investigations like this, you really never know for 100 percent sure. There’s a possibility we might never know the cause in this outbreak. That’s just the way these tend to work out.”

Meanwhile, El Mexicano #6 Owner Martin Mata released the following statement: “We’ve willingly answered all questions, as well as reviewed our menu items practices since DHEC inspectors first approached us in the early stages of their investigation. We’re glad that DHEC has found that our restaurant presents no health threat to our valued customers. This is the first problem we’ve had this like in more than 15 years in the business.”  Mata added: “In the interest of all Mexican restaurants in Spartanburg, we felt it was important to come forward and share what DHEC has determined so far in its investigation and our willingness to assist the agency any way that we can. We’ll continue to work with DHEC to get to the bottom of this situation.”

DHEC Director Catherine Templeton says no substantial violations were found during the most recent inspection of the restaurant. In fact, it was graded with an A rating.

If You Contracted E. coli, Let Simon & Luke Help You

If you contracted E. coli O157:H7 poisoning after eating at El Mexicano #6 in Spartanburg, South Carolina, and were contacted by the health department, then you are likely one of persons sickened in this E. coli O157:H7 outbreak.  If so, you are entitled to a substantial E. coli settlement from the restaurant, its suppliers, and their insurers – i.e. full compensation for all of your medical bills, lost wages, and suffering you endured and will endure in the future.  Even if your illness was not life threatening, you will still receive substantial compensation from the companies responsible for your illness.

Please call Simon & Luke for a free consultation on your legal rights.  Our E. coli and food poisoning lawyers can help you with your E. coli O157:H7 lawsuit, claim, and settlement in Spartanburg, South Carolina, and all affected areas.

If you have questions or information about this outbreak, please call us toll free at 1-888-335-4901 or contact us by email at ron@simonluke.com.

Our E. coli O157:H7 experts are standing by to answer any questions you may have.  We are here to help you.

FDA Highly Critical of Moon Fishery (India) Following Sushi Salmonella Outbreak

The FDA has issued a scathing report following an inspection of the facility at the heart of the raw sushi salmonella outbreak. 

So far, at least 258 persons in 24 states and the District of Columbia have been infected with the outbreak strains of Salmonella Bareilly (247 persons) or Salmonella Nchanga (11 persons). Of these, at least 32 of the victims have been hospitalized. These numbers are very likely to go up as new cases enter the official Centers for Disease and Prevention (CDC) count.  Collaborative investigation efforts of state, local, and federal public health agencies have confirmed that the frozen raw yellowfin tuna product, known as Nakaochi Scrape, imported by Moon Marine USA Corporation is the source of this outbreak.

Moon Marine USA Corporation, a California corporation, imports the frozen tuna from Moon Fishery (India) Pvt. Ltd., which is subject to FDA inspections as part of its qualification to sell frozen fish in the U.S. market.  Between April 19 and 24, 2012, FDA inspectors conducted a thorough inspection of Moon Fishery and issued a 483 report.  The Report (FEI No. 3006530291) was sent to Mr. Dominic Sebastian, Managing Director of Moon Fishery (India) Pvt. Ltd., 11/722/D, Chemical Industrial Estate, Aroor, Alleppy 688534 Kerala India. 

The report lists observations made by the FDA representatives during the inspection of the facility.  The observations are not a final agency determination of compliance, as of yet, as the facility management can submit objections and plans to implement corrective action with regard to these observations to the FDA. 

The report contained two detailed observations:

Observation No. 1

Moon Fishery’s HACCP plan does not list one or more critical control points that are necessary for each of the identified food safety hazards.

Specifically, Moon Fishery’s HACCP plan for raw tuna does not list critical control points at the following process step to control the hazards of Clostridium botulinum, histamine and allergens.

• There is no Critical Control Point listed on Moon Fishery’s HACCP plan for the process of cutting, scraping, and vacuum packaging performed in Moon Fishery’s processing room, kept at a temperature of REDACTED degrees C to control the hazard of pathogen growth and histamine formation.
• There is no Critical Control Point listed on Moon Fishery’s HACCP plan for Clostridium botulinum and allergen labeling applied to the primary packaging.
• There is no Critic al Control Point listed on Moon Fishery’s HACCP plan for metal detection.
• In Moon Fishery’s HACCP plan for receiving tuna, the only critical limit listed is temperature, with no critical limit listed for vessel monitoring and histamine testing records to show that tuna was not temperature abused on the harvesting vessel.

Observation No. 2:

Moon Fishery is not monitoring the sanitation conditions and practices with sufficient frequency to assure conformance with Current Good Manufacturing Practices including safety of water that comes into contact with food or food contact surfaces, including water used to manufacture ice condition and cleanliness of food contact surfaces maintenance of hand washing, hand sanitizing and toilet facilities, and protection of food, food packaging material, and food contact surfaces from adulteration.

• Moon Fishery is not monitoring the safety of water as evidenced by: (1) Tanks used for storage of process waters have apparent visible debris, filth and microbiological contamination, (2) Sand and activated carbon filter units used in manufacturing of water are not sanitized, and ventilation for tanks is not filtered to protect against contamination, (3) There is no laboratory analysis for water used in ice manufacturing at the [REDACTED] facility to show the water used to make ice is potable, (4) Ice manufacturing lacks sanitary controls: ice manufacturing equipment at the Moon Fishery facility is located outside and is susceptible to adulteration from pests and the environment, (5) Apparent bird feces were observed on the ice manufacturing equipment at Moon Fishery; insects and filth were observed in and on the equipment, (6) Ice manufacturing equipment at Moon Fishery’s [REDACTED] facility is rusty and situated so that the ice cannot be protected against adulteration, as the ice manufacturing process is constructed into the flooring of the ice facility., and (7) Tuna processed at Moon Fishery’s facility, which is consumed raw or cooked, comes in direct contact with water and ice.
• Moon Fishery is not monitoring the condition or cleanliness of food contact surfaces as evidenced by: (1) Some of the floor and wall tiles in the tuna processing area are broken and cracked, not allowing for proper cleaning, (2) After cleaning, the ceiling directly above the in-process tuna line was observed to have visible product residue, (3) After cleaning, product residues and rust were observed on knives and utensil storage boxes. These knives are used to cut raw tuna, and (4) Moon Fishery is not monitoring protection from adulterants as evidenced by peeling paint was observed directly above the in-process tuna line.
• Moon Fishery is not monitoring hand washing, hand sanitizing and toilet facilities as evidenced by: there was no hand drying devices available in the employee rest rooms on the first floor.

The Report was signed by FDA inspectors Dipseh Shah and Michael Charles, investigators.

If You Contracted Salmonella after Eating Sushi, Let Simon & Luke Help You

If you contracted Salmonella poisoning after eating sushi, and were contacted by the health department, then you are likely one of persons sickened in this Salmonella sushi outbreak.  If so, you are entitled to a substantial salmonella settlement from Moon Marine USA Corporation and its insurers – i.e. full compensation for all of your medical bills, lost wages, and suffering you endured and will endure in the future.  Even if your illness was not life threatening, you will still receive substantial compensation from the companies responsible for your illness.

Please call Simon & Luke for a free consultation on your legal rights.  Our salmonella and food poisoning lawyers can help you with your Salmonella Bareilly and Salmonella Nchanga sushi lawsuit, claim, and settlement in Alabama, Arkansas, California, Connecticut, District of Columbia, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Vermont, Wisconsin, and all affected areas. 

The firm has filed the first three lawsuits nationwide against Moon Marine, and will be filing additional suits in the near future. 

If you have questions or information about this outbreak, please call us toll free at 1-888-335-4901 or contact us by email at ron@simonluke.com.  

Our salmonella experts are standing by to answer any questions you may have.  We are here to help you.

Organic Pastures Dairy Raw Milk Infects 10 with Campylobacter

A recall of raw dairy products from Organic Pastures Dairy in Fresno County, Calif., has been issued following a positive confirmation of campylobacter bacteria in the dairy’s raw cream. A quarantine has been put in place by the California Department of Public Health following reports that at least 10 people with campylobacter infection consumed Organic Pastures raw milk prior to the onset of their illnesses.

According to the Fresno Bee, six of the 10 people are under the age of 18, including a nine-month-old infant.

Organic Pastures Denies Association with the Outbreak

Mark McAfee, owner of Organic Pastures Dairy, states that he is in total disagreement with the state’s findings. McAfee believes the test results are incorrect and has asked for a hearing with the state Department of Food and Agriculture. He is reportedly outraged at the recall and points that it will cost his dairy around $100,000. “They find a needle in a haystack and they take it up the hill — it is just outrageous,” McAfee told the Fresno Bee. “That is why we need to have Senate meetings to change the way raw milk is treated. The way we have been treated is disingenuous and misleading.” “It was a real kangaroo court,” he said. “They’re judge and jury.”

McAfee stands by his products and does not agree that the illnesses came from his dairy, noting that his dairy tests its products 12 times a day. All of the tests came back negative, he said. McAfee maintained Friday that there is no connection between the dairy’s products and the illnesses, which were reported from January through April.

Meanwhile, McAfee said his appeal to state officials on the recall and quarantine was denied during a teleconference hearing Friday morning. “It really got me upset for them to say that there were 10 illnesses when there were zero,” he said. “We have been totally singled out and picked on, and we don’t even have one person in the hospital.”

This is the second outbreak connected to the dairy’s raw dairy products in the last six months and the third recall since 2006. Last November, in an E. coli outbreak connected to the dairy, three children were sent to the hospital.

State officials will lift the quarantine when bacterial concerns at the dairy are mitigated, said Steve Lyle, a spokesman for the state Department of Food and Agriculture. “Very stringent regulation is required to ensure food safety to the greatest degree possible,” Lyle said.

Organic Pastures is California’s Largest Raw Milk Producer:  Long History of Illnesses

Organic Pastures is the state’s largest producer of raw, unpasteurized milk, with about 75,000 customers. It sells its products in 400 stores, farmers markets or other outlets. Thursday’s state action was the second time Organic Pastures products have been recalled in the past six months, and the fourth time since 2006, over concerns related to bacterial infection. In November, the dairy was the target of another recall and quarantine after five California children, including at least one from Kings County, became sick with E. coli.  McAfee said at the time he cooperated with the testing at his dairy but was convinced his milk did not make the children sick. He suspects that the children may have consumed other unbranded raw milk products. In September 2008, campylobacter was detected in raw cream from Organic Pastures, prompting a quarantine and recall, says Lyle, spokesman for the state Department of Food and Agriculture.

If You Contracted Campylobacter, Let Simon & Luke Help You

If you contracted camplylobacter poisoning after drinking Organic Pastures raw milk, and were contacted by the health department, then you are likely one of persons sickened in this campylobacter outbreak.  If so, you are entitled to a substantial campylobacter settlement from Organic Pathe restaurant and its insurers – i.e. full compensation for all of your medical bills, lost wages, and suffering you endured and will endure in the future.  Even if your illness was not life threatening, you will still receive substantial compensation from the companies responsible for your illness.

Please call Simon & Luke for a free consultation on your legal rights.  Our E. coli and food poisoning lawyers can help you with your E. coli O157:H7 lawsuit, claim, and settlement in Spartanburg, South Carolina, and all affected areas.

If you have questions or information about this outbreak, please call us toll free at 1-888-335-4901 or contact us by email at ron@simonluke.com.

Our E. coli O157:H7 experts are standing by to answer any questions you may have.  We are here to help you.

Unnamed Mexican Restaurant in Spartanburg:  11 E. Coli Victims

State health inspectors with the S.C. Department of Health and Environmental Control (DHEC) are investigating an outbreak of E. coli O157:H7 linked to a yet-unnamed Mexican restaurant in Spartanburg, South Carolina.  The DHEC notice states that the outbreak occurred after 11 people ate at the restaurant during the last week in April.

The notice states that DHEC recommends a “high index of suspicion for STEC infection for patients presenting with STEC symptoms and a history of dining at a Spartanburg-area Mexican restaurant.” So far, of the 11 cases associated with the same restaurant, at least two of the victims have developed hemolytic uremic syndrome (HUS), a severe condition associated with E. coli infection that can lead to kidney failure, according to Adam Myrick, DHEC spokesman.

The notice states:

“The South Carolina Department of Health and Environmental Control (DHEC) is requesting heightened surveillance for persons presenting with symptoms consistent with Shiga toxin producing E. coli (i.e., enterohemorrhagic E. coli), including diarrhea that is often bloody, hemolytic uremic syndrome (HUS) in children or thrombocytopenia purpura in adults.  DHEC is investigating an outbreak of Shiga toxin-producing Escherichia coli (STEC) related to dining at a Spartanburg-area Mexican restaurant during the last week of April, 2012. Preliminary lab results indicate the E. coli serotype being O157:H7. Of the 3 cases interviewed thus far, two reported the infection has progressed to hemolytic uremic syndrome (HUS), a severe condition associated with STEC infection that can lead to kidney failure. Interviews with an additional 8 cases are in progress.”

DHEC is continuing its multi-faceted investigation that includes reviewing restaurant menus, food samples and taking stool samples from those who have related symptoms who have eaten at the restaurant. Subject to DHEC policy, Myrick has declined to confirm which Mexican restaurant in Spartanburg is associated with the outbreak. However, he did confirm that the cases were reported during the last week of April and the first week of May, and now the DHEC has inspected the restaurant.

According to Myrick, the DHEC does not have a “reason to believe the public is in danger at this time.” “It’s early in the investigation and we’re piecing together information and talking to people,” Myrick said. “We’ve looked at the facility and found no substantial problems, but again, it’s early.” The DHEC issued an alert to local healthcare providers Friday afternoon advising them of the symptoms associated with Shiga Toxin-Producing Escherichia Coli (STEC), which include severe stomach cramps, diarrhea (sometimes bloody), vomiting and a mild fever. Myrick said the symptoms commonly last between five and seven days, but children and elderly people are more susceptible to serious complications from the bacteria.

STEC can cause symptoms that range form mild intestinal disease to very serious and potentially fatal kidney complications, according to the CDC.

If You Contracted E. coli, Let Simon & Luke Help You

If you contracted E. coli O157:H7 poisoning after eating Mexican food in Spartanburg, South Carolina, and were contacted by the health department, then you are likely one of persons sickened in this E. coli O157:H7 outbreak.  If so, you are entitled to a substantial E. coli settlement from the restaurant and its insurers – i.e. full compensation for all of your medical bills, lost wages, and suffering you endured and will endure in the future.  Even if your illness was not life threatening, you will still receive substantial compensation from the companies responsible for your illness.

Please call Simon & Luke for a free consultation on your legal rights.  Our E. coli and food poisoning lawyers can help you with your E. coli O157:H7 lawsuit, claim, and settlement in Spartanburg, South Carolina, and all affected areas.

If you have questions or information about this outbreak, please call us toll free at 1-888-335-4901 or contact us by email at ron@simonluke.com.

Our E. coli O157:H7 experts are standing by to answer any questions you may have.  We are here to help you.

Salmonella Tempeh Outbreak – Souce of Contamination Found

Testing has now confirmed that a food ingredient distributed by Tempeh Online, a Rockville, Maryland company, is the source of a salmonella outbreak that has sickened at least 58 Buncombe County residents and as many as 10 people outside the county and in other states, including South Carolina, Tennessee and New York.

Tempeh Online sold the starter culture  – which is made from a fungal spore called Rhizopus Oligosporus - to Smiling Hara Tempeh, which made the meat substitute in Candler, North Carolina using Blue Ridge Food Ventures facilities.  The culture starter for tempeh, a bean product popular in vegetarian cuisine, was found to have the same strain of Salmonella Paratyphi B that caused a county outbreak beginning as early as February, lab work by the N.C. Department of Health and Human Services confirmed Thursday.”

Health investigators were able to track the source with relative ease.  None of Smiling Hara’s six employees have experienced any symptoms of illness that would indicate salmonella poisoning, leading officials to believe the bacteria came from an ingredient used in the tempeh production.  In addition, aside from the culture, there are only two other ingredients: vinegar and beans — either soy, black or black-eyed peas.  Samples of each of these products were tested, and only the culture came back as a complete match.  The culture sample was also an unopened package, ruling out cross-contamination.

North Carolina Agriculture spokesman Brian Long told Greenville Online that the distributor was Tempeh Online, though he didn’t know who produced it.  When asked, Smiling Hara Executive Manager Chad Oliphant also would not provide the name of the company that makes the culture, which is from fungal spores, saying he was afraid it would hurt the investigation. FDA spokesman Allen Curtis also declined to name the maker, saying his agency has a policy against divulging that sort of information in the interest of getting companies to work cooperatively. 

Tempeh Online Pulls Website: Twitter Site Disabled This Morning

According to Greenville Online’s Joel Burgess, a man answering a phone number on the Tempeh Online’s website on Thursday was carefully screening calls and told the reporter that he had the wrong number when pressed.  Burgess notes: “After he learned he was speaking to a reporter, he said it was the wrong number and hung up.” 

As of Friday morning at 7 a.m. CST, all of the Tempeh Online web-pages have been taken down, though the distributor still had an active twitter account on which it posted: “we are specialized in Tempeh starter cultures, tofu and rice wine starters, wholesale and retail, visit us online.”   The twitter account was taken down just before 9 a.m CST, and now states only:  “Thanks for noticing—we’re going to fix it up and have things back to normal soon.”

Smiling Hara Executive Manager Chad Oliphant said the positive test on the culture showed Smiling Hara employees followed proper health and safety rules.  “There is no sign of anyone getting ill or no cross-contamination,” the executive manager said.  His company has pulled its products and stopped production.  But Oliphant said company officials were looking at starting back up after a thorough review of their system that could include hiring a microbiologist.  Smiling Hara’s tempeh is unpasteurized.  Oliphant said he would consider switching to pasteurization, a heating process that kills bacteria but also destroys some benefits in the food, but that would also depend on what customers want.  “It seems to me that proper cooking of the product is the most important thing.  Because you can have contamination of food even after pasteurization.”  Ironically, the unpasteurized tempeh is commonly believed by its consumers to reduce the number of intestinal infections.

The first reported case in the outbreak was March 14, though communicable disease nurses believe there was one illness as early as Feb. 18.  It was local health department nurses who realized through their investigation that the locally made tempeh might be the source. Agriculture officials, meanwhile, had conducted a random test on the tempeh, which was made in a shared commercial kitchen.

Extent of Distribution of Tainted Culture Unknown

Federal regulators have been involved, and the Buncombe County Health Department on Thursday said it is continuing to investigate.  “The FDS is already involved in tracing the origin of the ingredient to identify the source of contamination as well as the potential for other salmonella outbreaks in the U.S.,” according to a release from the Health Department. 

North Carolina Agriculture spokesman Brian Long said his department was in touch with the FDA, trying to find out if other tempeh makers in the state are using the culture.  “We are concerned whether other tempeh makers in North Carolina are using this culture, but we haven’t received any distribution records from FDA, which would first have to review the maker’s and distributor’s records,” he told local reported Joel Burgess.

Simon & Luke Representing Salmonella Victims – Let Us Help You

The salmonella lawyers at Simon & Luke are investigating this outbreak.  If you contracted Salmonella poisoning after consuming tempeh, and were contacted by the health department, then you are likely one of persons sickened in this Salmonella Paratyphi B outbreak.  If so, you may be entitled to a substantial salmonella settlement from the responsible parties and their insurers – i.e. full compensation for all of your medical bills, lost wages, and suffering you endured and will endure in the future. 

Please call Simon & Luke for a free consultation on your legal rights.  Our salmonella and food poisoning lawyers can help you with your Salmonella Paratyphi B tempeh lawsuit, claim, and settlement in Buncombe County, North Carolina, South Carolina, Tennessee, New York, and all affected areas.

If you have questions or information about this outbreak, please call us toll free at 1-888-335-4901 or contact us by email at ron@simonluke.com

Tests Find Salmonella in Unopened Maryland “Culture”

As the number of victims in the tempeh salmonella outbreak grows, with 68 cases reported and 58 confirmed, the official test results have come back positive for Salmonella Paratyphi B in a key tempeh ingredient.  Authorities have known for several weeks now that there was a link between Smiling Hara tempeh and Salmonella Paratyphi B illnesses in the Carolinas, Tennessee and New York. 

And late last week authorities confirmed suspicions that a key ingredient in tempeh - a Maryland produced culture –  that is a key ingredient in making tempeh, was the likely suspect.  Today the Buncombe County Department of Health received the final test results from the NC Department of Public Health laboratory which confirmed that the unopened bag of the culture did in fact contain the suspect Salmonella Paratyphi B linked to the current disease outbreak.

The US Food and Drug Administration has been heavily involved in tracing the origin of the ingredient to identify the source of contamination, but have not yet named the Maryland company suspected of introducing the salmonella into the product stream that led to the illnesses.  The FDA is continuing to investigate the potential for other salmonella outbreaks in the US linked to this particular strain of salmonella.  A recall may yet be issued.  Until the FDA releases more information, it is impossible to determine how widely this culture was distributed, or if preparation techniques at other sources will be sufficient to kill the dangerous bacteria.

As of May 10th at 2:00 PM, Buncombe County Department of Health was able to confirm 58 cases associated with salmonella outbreak. The health officials added, however, that this number does not include cases being reported in other counties or states. The NC Department of Public Health reports a slightly higher number, at 63 cases, which includes many of the cases in NC and in other states.  Again, however, there is a significant delay in reporting.

Simon & Luke Representing Salmonella Victims – Let Us Help You

The salmonella lawyers at Simon & Luke are investigating this outbreak.  If you contracted Salmonella poisoning after consuming tempeh, and were contacted by the health department, then you are likely one of persons sickened in this Salmonella Paratyphi B outbreak.  If so, you may be entitled to a substantial salmonella settlement from the responsible parties and their insurers – i.e. full compensation for all of your medical bills, lost wages, and suffering you endured and will endure in the future.  Even if your illness was not life threatening, you may still receive substantial compensation from the companies responsible for your illness.

Please call Simon & Luke for a free consultation on your legal rights.  Our salmonella and food poisoning lawyers can help you with your Salmonella Paratyphi B lawsuit, claim, and settlement in Buncombe County, North Carolina, South Carolina, Tennessee, New York, and all affected areas.

If you have questions or information about this outbreak, please call us toll free at 1-888-335-4901 or contact us by email at ron@simonluke.com

Moon Fishery Expands Tuna Recall beyond Tuna Scrape

The Food and Drug Administration has now announced that Moon Fishery Pvt. Ltd., the Indian Manufacturer of the Yellow Fin Tuna Nakaochi Scrape that was recently recalled by the importer/distributor Moon Marine U.S., is also recalling its 22 pound cases of “Tuna Strips.”  

The tuna product is also from India, and is both AA and AAA grade.  These tuna products are being recalled for fear they too may be contaminated with salmonella, the organism which has caused serious Salmonella Bareilly and Salmonella Nchanga infections in over 258 individuals in the U.S. is at least 24 states and the District of Columbia.  At least 32 individuals have been hospitalized.

According to the FDA, Moon India became aware of the problem after the FDA sampled tuna strips from a lot not yet in distribution.  However as a cautionary measure Moon India agreed to recall tuna strips that were already distributed.  Although none of the recalled tuna is from the lot that tested positive for salmonella, the positive test was enough to prompt the recall.  In reality, only about 2% of all imported fish is tested for pathogens.

Distribution of these AA or AAA Grade Tuna Strips Product of India has been limited to four wholesalers, including one each in Georgia, Massachusetts, New Jersey and New York.  However, there are fears that the wholesalers may have broken the shipments into smaller lots for further distribution, increasing geographic reach of the recall.  The frozen raw yellow fin tuna product was originally packaged in white boxes with black writing naming the importer as Moon Marine USA Corporation, a separate and independent company that imports the tuna and distributes in within the U.S.  The packages originally identified the contents as Tuna Strips AA or AAA and as being product of India.  The boxes, however, contain several vacuum-wrapped packages with no further labeling, making it difficult to identify the product related to the recall.

Distribution of the product has been suspended while FDA and the company continue their investigation as to the scope of the problem.  Product sellers, including distributors and restaurants, have been urged by the FDA to consult their suppliers to determine whether the Tuna Strips from India in their possession originated from Moon India.  The product may not be accompanied by lot numbers or labeling information, so sellers and distributors are being asked to use caution in handling product if they cannot determine its origin.

If You Contracted Salmonella, Let Simon & Luke Help You

If you contracted Salmonella poisoning after eating sushi, and were contacted by the health department, then you are likely one of persons sickened in this Salmonella sushi outbreak.  If so, you are entitled to a substantial salmonella settlement from Moon Marine USA Corporation and its insurers – i.e. full compensation for all of your medical bills, lost wages, and suffering you endured and will endure in the future.  Even if your illness was not life threatening, you will still receive substantial compensation from the companies responsible for your illness.

Please call Simon & Luke for a free consultation on your legal rights.  Our salmonella and food poisoning lawyers can help you with your Salmonella Bareilly and Salmonella Nchanga sushi lawsuit, claim, and settlement in Alabama, Arkansas, California, Connecticut, District of Columbia, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Vermont, Wisconsin, and all affected areas. 

The firm has filed the first three lawsuits nationwide against Moon Marine, and will be filing additional suits in the near future. 

If you have questions or information about this outbreak, please call us toll free at 1-888-335-4901 or contact us by email at ron@simonluke.com.  

Our salmonella experts are standing by to answer any questions you may have.  We are here to help you.

Pet Food Recall Expanded:  Pet Owners Encouraged To Be Proactive

Diamond Pet Foods has expanded its recall of salmonella tainted dog food in the midst of a salmonella outbreak that has infected 14 individuals across the country in at least 9 states.

But the number of victims is believed to be much higher, said CDC spokeswoman Lola Russell. “For every one that is reported, there may be 29 others,” she stated.  The fourteen victims, from at least nine states, became sickened by salmonella after handling tainted dog food from a South Carolina plant that a few years ago produced food contaminated by toxic mold that killed dozens of dogs, federal officials said Friday.  In the current outbreak, at least five people have been hospitalized because of the dog food. 

Consumers should check the company’s website, Diamond Pet Foods Recall Information, for more specific information on how to read lot codes and “best by” dates involved in the recall.  Below is a list of suspect product that consumers should carefully review: 

• Chicken Soup for the Pet Lover’s Soul
• Country Value
• Diamond
• Diamond Naturals
• Premium Edge
• Professional
• Health
• Taste of the Wild
• Apex (distributed only in the state of South Carolina)
• Kirkland Signature
• Kirkland Signature Nature’s Domain
• Canidae

The following companies have also announced voluntary recalls for products that were produced at the Gaston, South Carolina facility: 

• Wellpet LLC
• Wellness Complete Health Super5Mix Large Breed Puppy with “best by” dates of JAN 9 2013 through JAN 11 2013 (15 LB bag, 30 LB bag, 5 oz sample bags)
• Dick Van Patten Natural Balance Pet Foods (check the recall website <http://www.naturalbalanceinc.com/home/NB_recall.html>8 for details).
• Natural Balance Sweet Potato & Venison Dog (5 LB, 15 LB and 28 LB)
• Natural Balance Lamb Meal & Brown Rice Dog (5 LB, 15 LB and 28 LB)
• Natural Balance Sweet Potato & Bison Dog (5 LB, 15 LB and 28 LB)
• Natural Balance Vegetarian Dog (5 LB)
• Natural Balance Lamb Meal & Brown Rice Dog Large Breed Bites (28 LB)
• Natural Balance Lamb Meal & Brown Rice Dog Small Breed Bites (5 LB and 12.5 LB)

These products have been distributed across the nation.  So far, however, there have been confirmed cases in these nine states: 

• Missouri                                 (3)
• North Carolina                        (3)
• Ohio                                        (2)
• Alabama                                 (1)
• Connecticut                            (1)
• Michigan                                (1)
• New Jersey                             (1)
• Pennsylvania                          (1)
• Virginia                                  (1)

FDA Takes the Lead in the Investigation

The FDA became involved in early April when salmonella from an intact package of Diamond Naturals Lamb and Rice Formula for Adult Dogs were collected during retail surveillance sampling collected by the Michigan Department of Agriculture and Rural Development. Diamond Pet Foods was notified of the sampling results, and agreed to voluntarily recall the product.  Since then, the FDA, the Center of Disease Control and Prevention (CDC) and state investigations have continued in an effort to determine if other brands of dry dog food produced at the Diamond Pet Foods’ South Carolina facility may be linked to confirmed human illnesses.

According the FDA, Diamond Pet Foods is cooperating, and working directly with distributors and retailers where the recalled products have been carried to remove them as quickly as possible from the marketplace.  The FDA has confirmed that it will continue to provide updates on the recall and the investigation on its website.

Blue Ridge Food Ventures Reopens While Tainted Tempeh Victim Count Climbs 

Blue Ridge Food Ventures in Buncombe County temporarily shut down production in its community kitchen on April 26th following a salmonella scare.  It did so following evidence that Smiling Hara tempeh had been implicated in a recent outbreak of Salmonella Paratyphi B in the greater Asheville area in Western North Carolina.   A total of 60 victims have now been reported, with more likely to surface in the coming days and weeks. 

Blue Ridge Food Ventures is a shared-use food production facility, and Smiling Hara one of the vendors that sues its facility.  Blue Ridge Food Ventures voluntarily closed the facility after learning Smiling Hara was under investigation for a possible link to the Salmonella Paratyphi B outbreak, but maintained that it had strict rules on sanitizing the work area prior to and following production. Blue Ridge Food Ventures, nonetheless, brought in a third party consultant and food safety specialist to make sure there was no cross contamination. According to Blue Ridge Food Ventures, the safety expert tested 100 areas of the facility, 20 of which belonged to Smiling Hara. And an independent lab in Wilson, N.C. then analyzed the evidence.  Lab technicians said the facility tested 100 percent negative for the presence of Salmonella. 

Blue Ridge Food Ventures has now re-opened the facility to all businesses.  Depending on the season and their products, 20 to 40 businesses rent time and industrial kitchen space at the facility during any given month, including caterers, food trucks and push cart operators.

Also announced today was the fact that government investigators are now examining the possible link between an ingredient from Maryland, as the possible source, ant he tempeh which is the local source of the salmonella outbreak in the Asheville area.  The number of cases has grown to 60 according to the Citizen-Times.