Simon & Luke Collects Settlements for Baker Street Pub Salmonella Victims

Posted by Ron Simon on February 19th, 2012 under Recent Settlements, Salmonella Enteritidis Egg Outbreak, Salmonella Outbreaks  •  No Comments

Simon & Luke Collects Settlements for Baker Street Pub Salmonella Victims

National food safety firm Simon & Luke of Houston, Texas announced that the firm has reached settlements on behalf of 50 victims of the nationwide Salmonella Enteritidis outbreak linked to contaminated eggs in 2010.  The eggs were manufactured by Wright County Egg of Galt, Iowa and were the source of the largest Salmonella outbreak in U.S. history – one that sickened over 2000 citizens.  Settlement amounts were confidential.

Several of the settlements were reached on behalf of Wisconsin residents, including patrons of the Baker Street Restaurant and Pub outbreak in June 2010 linked to the contaminated eggs.

Simon & Luke managing partner Ron Simon issued the following statement: “Our clients are very pleased to put this event behind them.  Numerous safety measures have been implemented in the egg industry and at Baker Street Restaurant and Pub to make sure that this never happens again.  We will continue to pursue compensation for others sickened in this outbreak, until every victim has been fully and fairly compensated for their loss.”

Simon & Luke is still in settlement negotiations on another 30 cases, and continues to prosecute claims on behalf of victims linked to the outbreak.

The Baker Street Restaurant and Pub Outbreak in Kenosha, Wisconsin

On June and July of 2010, the Kenosha County Division of Health (KCDOH) health department was notified of 25 local confirmed Salmonella Enteritidis cases.  Of these, 21 people reported eating  at Baker Street Restaurant and Pub in Kenosha between June 18 and July 1.

Health department officials sent sanitarians to the restaurant to investigate.  Food preparation and food handling procedures were reviewed, with additional focus on egg handling procedures.  Menus were obtained and reviewed.  The importance of hand-washing and cross-contamination procedures was discussed with management.

During the investigation, health officials were notified of an additional 4 employees that had experienced symptoms consistent with salmonella poisoning during the outbreak.  As a result, the restaurant was immediately closed.  Fifty Baker Street employees were tested for salmonella, and three of those employees tested positive for the outbreak strain of Salmonella Enteritidis.  The restaurant was not allowed to reopen until all working employees tested negative for the bacteria.

The most frequent reported signs and symptoms among the Baker Street Restaurant and Pub victims included:

  • Diarrhea  – 100%
  • Abdominal cramping – 86%
  • Sweats and fatigue – 77%
  • Nausea and chills – 73%
  • Headaches / body aches – 68%
  • Bloody diarrhea – 36%
  • Vomiting – 27%

Fifteen of the cases (68%) were females.  The victims ranged in age from 1 to 73 years old.  The incubation periods (time from ingestion to first symptoms) ranged from 2 to 10 days.  Two victims were hospitalized.

Using restaurant receipts and food histories, health officials were able to determine that the source of the Salmonella Enteritidis was consumption contaminated eggs (through omelets, the salad bar, or otherwise) served at the restaurant.

Invoices and shipping records revealed that the contaminated eggs had been manufactured at the Wright County Egg farm located in Galt, Iowa.

Salmonella Egg Outbreak linked to 2000 Victims Nationwide

The Baker Street Pub outbreak was just the tip of the iceberg.  In July 2010, the U.S. Centers for Disease Control (“CDC”) identified a nationwide spike in the number of victims afflicted with Salmonella Enteritidis matching that isolated in the Baker Street Pub outbreak.

Testing confirmed that almost 3600 people nationwide had tested positive for an identical DNA (PFGE) pattern (JEGX01.0004) since May 1, 2010.

Epidemiologic investigations conducted by public health officials in 11 states since subsequently identified 29 restaurants or event clusters (including Baker Street Pub) where more than one ill person with the outbreak pattern had eaten.  Data from these investigations established that shell eggs from Wright County Egg and Hillandale Farms, both located in Iowa, were the source of infections in these restaurants or event clusters.

FDA Finds Salmonella Enteritidis Outbreak Strain at Suspected Egg Farms

The FDA investigators immediately descended upon Wright County Egg and Hillandale Farms and were shocked at what they found.

The FDA’s inspection reports (called 483 Reports) indicated massive Salmonella contamination in the hen houses and laying hen flocks – read them here:

The FDA found the following during their inspections:

  • Chicken manure piles 4 to 8 feet high in the hen houses
  • Live wild birds (non-chickens) flying around in the hen houses
  • Rodent burrows along the baseboards of the hen houses
  • Liquid manure seeping through the concrete foundation
  • Standing water in the chicken manure pits
  • Loose chickens walking through manure piles to the egg laying areas
  • 31 live mice observed inside the hen houses
  • “Live and dead flies too numerous to count” inside the hen houses
  • 65 unsealed rodent holes in the walls of the hen houses

The FDA collected nearly 600 samples from Wright County Egg and Hillandale Farms of Iowa during this investigation.  These samples underwent subtyping testing.  FDA’s testing of 11 environmental samples identified Salmonella with PFGE patterns indistinguishable from the outbreak strain.  Samples were collected from manure, as well as traffic areas such as walkways, equipment, other surfaces in and around the farm, and from the feed mill at Wright County Egg in Iowa.  The feed was provided to pullets (young female chickens or hens) raised at Wright County Egg facilities in Iowa.  Pullets were distributed to all premises at Wright County Egg in Iowa and Hillandale Farms in Iowa.

A positive sample was also collected from egg water wash in a packing facility at Hillandale Farms of Iowa.  These findings indicate that Wright County Egg and Hillandale Farms of Iowa were the likely sources of the contaminated shell eggs.  The FDA did not find that this feed was distributed to any companies other than Wright County Egg and Hillandale Farms of Iowa.

Wright County Egg and Hillandale Farms Issue Egg Recall

On August 13, 2010, Wright County Egg of Galt, Iowa, conducted a nationwide voluntary recall of shell eggs.  On August 18, 2010, Wright County Egg expanded its recall.  On August 20, 2010, Hillandale Farms of Iowa conducted a nationwide voluntary recall of shell eggs.  Eggs from these farms were distributed under 47 different labels.

Simon & Luke Investigates the Salmonella Egg Outbreak

The Salmonella lawyers at national food safety firm Simon & Luke began investigating this Salmonella egg outbreak in the early summer of 2010.  The firm has been retained by over 150 people sickened in the outbreak, including numerous residents in Wisconsin, California, Texas, Nevada, Colorado, Iowa, Illinois, Ohio, Florida, New York, South Carolina, South Dakota, Arizona, Oklahoma, Georgia, Arkansas, Minnesota, Massachusetts, Tennessee, New Jersey, and Virginia.

Lead counsel Ron Simon filed one of the first lawsuits nationwide.  Since that time, he and two of his clients – Carol and Ed Lobato of Colorado – traveled to Washington to testify before Congress about the recall.

Watch the video above:

Ron has also personally investigated (i.e. set foot inside of) both of the Iowa egg farms at the center of the outbreak, and given numerous interviews to virtually all national television networks, including NBC, CBS, ABC, CNN, FOX, and others.  To see some of these video links, click below:

If you Contracted Salmonella from Baker Street Pub, Let Simon & Luke Help You

If you or a loved one contracted salmonella after consuming food from the Baker Street Pub in Kenosha, Wisconsin in June 2010, and were contacted by the health department, then you are related to this outbreak.  If so, you are entitled to significant compensation from Wright County Egg and its insurers, including payment for all of your past and future medical bills, pharmacy bills, lost wages, pain and suffering, mental anguish, and other damages.

Please call Simon & Luke for a free consultation on your legal rights.  Our salmonella and food poisoning lawyers can help you with your claim, lawsuit, and settlement in Kenosha, Racine, and all other affected areas of Wisconsin.

The firm has represented over 5000 victims of food-borne outbreaks in the past four years alone, and has collected over $500,000,000 for its clients.

Simon & Luke’s groundbreaking work on behalf of victims in national food borne illness outbreaks has paved the way for numerous upgrades to the US food safety system.  Some of the recent outbreaks in which Simon & Luke has represented clients include:

  • ConAgra Peter Pan peanut butter – Salmonella Tennessee
  • ConAgra pot pies – Salmonella I 4, [5], 12:i:-
  • National water supplier – Bacillus cereus
  • Castleberry’s chili – Botulism
  • Sushi King – Salmonella Enteritidis
  • National Hotel – Norovirus
  • Union Foods / Harris Freeman white pepper – Salmonella Rissen
  • Nestle cookie dough – E. coli O157:H7
  • Peanut Corporation of America Peanut products – Salmonella Typhimurium
  • JBS Swift beef – E. coli 0157:H7
  • Golden Nugget Casino – Salmonella Javiana
  • Freshway Foods romaine lettuce – E. coli 0145
  • Subway sandwiches – Shigella
  • Luxe Burger hamburgers – Salmonella Newport
  • Daniele salami – Salmonella Montevideo
  • Subway sandwiches – Salmonella Hvittingfoss
  • Brother’s Deli – Salmonella Enteritidis
  • Sangar celery – Listeria monocytogenes
  • Sprout outbreak – Listeria monocytogenes
  • Wright County Egg / Hillandale Farms eggs – Salmonella Enteritidis
  • Tiny Greens / Jimmy John’s alfalfa sprouts – Salmonella I 4, [5], 12:i:-
  • SOL Energy Drinks – Bacterial contamination
  • Rolf’s Patisserie – Staph Aureus
  • Lavon Farms – Salmonella Meunster
  • Jason’s Deli – E. coli O157:H7
  • Cargill ground turkey – Salmonella Heidelberg
  • Agromod papayas – Salmonella Agona
  • Rite Aid cookies – Bacillus cereus
  • Church’s fried chicken nuggets – Salmonella Enteritidis
  • El Gran Burrito tacos – Salmonella Newport
  • Jensen Farms – Listeria monocytogenes
  • Schnucks romaine lettuce – E. coli 0157:H7
  • Hannaford ground beef – Salmonella Typhimurium

Ron Simon’s work and commentary on these outbreaks has been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media.

The firm regularly publishes articles about food safety and litigation at www.myfoodpoisoninglawyer.com, which are read by viewers in over 150 countries.

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 – we are here to help you.

 

 


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Jimmy Johns Drops Sprouts From Menus Nationwide in Wake of E. coli Outbreak

Posted by Ron Simon on February 17th, 2012 under E. coli Outbreaks  •  No Comments

About Face:  Jimmy John’s Drops Sprouts From its Menu

Jimmy Johns is removing raw clover sprouts from its menus nationwide in response to a national E. coli 026 outbreak linked to the restaurant chain.  According to Will Aubuchon, owner and general manager of the Jimmy Johns in Kirksville, Missouri, an email was sent by “Jimmy himself” late Thursday night ordering all franchise locations to permanently remove raw clover sprouts from their menus. 

Only a year ago Jimmy John’s was implicated in another major outbreak linked to alfalfa sprouts—and at that time decided to switch to clover sprouts which are “easier to clean.”  

“Jimmy decided he was tired of the negative press from it and he thinks sprouts aren’t necessary for Jimmy John’s to rock,” Aubuchon said.  Aubuchon, who has been working with Jimmy John’s for 12 years said it is “kind of weird” to not have sprouts on the menu.  He said regular Kirksville customers who ordered sprouts had read recent news reports and temporarily stopped adding the item to their sandwiches. 

Aubuchon expects some customers to be upset, but said he will encourage them to try alternative options like cucumbers.  He also anticipates Jimmy John’s will work to add a new vegetable offering to its menus.

According to the Centers for Disease Control and Prevention (CDC), 12 people have now been confirmed infected with the outbreak strain in five states. Besides Iowa, those states include Missouri (3), Kansas (2), Arkansas (1) and Wisconsin (1). Two people have been reported hospitalized as of today.

Simon & Luke Investigating the Jimmy Johns E. coli Outbreak

The E. coli lawyers at Houston-based food safety firm Simon & Luke are currently investigating this outbreak.  The firm has already been retained by several food poisoning victims and has set up a hotline for those who became ill after consuming Jimmy Johns sprouts.  

Today, managing partner Ron Simon called upon Jimmy Johns to pay all medical expenses and lost wages of those sickened bythe contaminated sprouts “Once again, Jimmy Johns sprouts have served as the vehciel for a food poisoning outbreak.  The company should do all it can for the families of the victims of this outbreak, including full and immediate payment of l medical bills nad lost time from work for these individuals.”

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

If you contracted E. coli O26 poisoning after consuming a sandwich from Jimmy Johns, please call the E. coli and food poisoning lawyers at Simon & Luke for a free consultation on your legal rights. 

The firm has represented over 5000 victims of food-borne outbreaks in the past four years alone, and has collected over $500,000,000 for its clients, including several settlements for prior Jimmy Johns food poisoning victims.

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 – we are here to help you.


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Jimmy John’s E. Coli Sprout Outbreak – 12 Victims in 5 States

Posted by Ron Simon on February 16th, 2012 under E. coli Outbreaks  •  No Comments

Jimmy John’s Drops Alfalfa Sprouts for Clover Sprouts:  Now, Another Outbreak

 The Centers for Disease Control and Prevention is collaborating with public health officials in multiple states and the U.S. Food and Drug Administration (FDA) to investigate a multistate outbreak of Shiga toxin-producing Escherichia coli O26 (STEC O26) infections likely linked with eating raw clover sprouts. Public health investigators are using DNA “fingerprints” of E. coli bacteria obtained through diagnostic testing with pulsed-field gel electrophoresis, or PFGE, to identify cases of illness that may be part of this outbreak. They are using data from PulseNet, the national subtyping network made up of state and local public health laboratories and federal food regulatory laboratories that performs molecular surveillance of foodborne infections.

The federal Centers for Disease Control and Prevention said Wednesday that 12 cases of E. coli poisoning in five states, including Iowa, Missouri, Kansas, Arkansas and Wisconsin, are linked to raw clover sprouts eaten at Jimmy John’s restaurants (see below for state-by-state count).  The Associated Press reports that the illnesses occurred between Dec. 25 and Jan. 15, 2012, with at least two victims being hospitalized.

Tragically, this outbreak comes only one year after raw alfalfa sprouts were linked to 140 salmonella illnesses. Sprouts from the Jimmy John’s were also linked to a 2009 salmonella outbreak in several Midwestern states and were suspected in an E. coli outbreak in Boulder, Colo. in 2008.

Jimmy John’s E. coli Victims Reside in 5 States

A total of 12 persons infected with the outbreak strain of STEC O26 have been reported from 5 states. The number of ill persons identified in each state is as follows: Iowa (5), Missouri (3), Kansas (2), Arkansas (1), and Wisconsin (1). Among persons for whom information is available, illness onset dates range from December 25, 2011 to January 15, 2012.  Ill persons range in age from 9 years to 49 years old, with a median age of 25 years old. One hundred percent of ill persons are female.  Among the 12 ill persons, 2 (17%) were hospitalized. None have developed HUS as of yet, and no deaths have been reported so far.

Illnesses that occurred after January 27, 2012, might not be reported yet due to the time it takes between when a person becomes ill and when the illness is reported. This takes an average of 2 to 3 weeks.

The Epidemiologic and Traceback Investigation

Epidemiologic and traceback investigations conducted by officials in local, state, and federal public health, agriculture, and regulatory agencies have linked this outbreak to eating raw clover sprouts. Among the 11 ill persons with information available, 10 (91%) reported eating at a Jimmy John’s sandwich restaurant in the 7 days preceding illness.  Ill persons reported eating at 9 different locations of Jimmy John’s restaurants in 4 states in the week before becoming ill.  One location was identified where more than one ill person reported eating in the week before becoming ill.  Among the 10 ill persons who reported eating at a Jimmy John’s restaurant location, 8 (80%) reported eating a sandwich containing sprouts, and 9 (90%) reported eating a sandwich containing lettuce. Currently, no other common grocery stores or restaurants are associated with illnesses.

FDA’s traceback investigation is ongoing.  Preliminary traceback information has identified a common lot of clover seeds used to grow clover sprouts served at Jimmy John’s restaurant locations where ill persons ate.  The FDA and state health departments conducted a traceback that identified two separate sprouting facilities; both used the same lot of seed to grow clover sprouts served at these Jimmy John’s restaurant locations.

On February 10, 2012, the seed supplier initiated notification of sprouting facilities that received this lot of clover seed to stop using it. Investigations are ongoing to identify other locations that may have sold clover sprouts grown from this seed lot.

This investigation is ongoing, but preliminary results of the epidemiologic and traceback investigations indicate eating raw clover sprouts at Jimmy John’s restaurants is the likely cause of this outbreak.  CDC and state and local public health partners are continuing laboratory surveillance through PulseNet to identify additional ill persons and to interview ill persons about foods eaten before becoming ill.  The FDA is continuing to work closely with CDC and state partners during this investigation. CDC will update the public on the progress of this investigation as information becomes available.

Switching Sprouts is no Substitute for Removing Them From the Menu

Ironically, following the salmonella outbreak a year ago the company said it would switch from using alfalfa sprouts to using clover sprouts because they are easier to clean.  It is these clover sprouts that are at the heart of this current outbreak.  Though often touted as a health food, sprouts need warm and humid conditions to grow, encouraging bacterial growth.  Nonetheless, Jimmy John’s has continued to use sprouts even as federal regulators warn against eating all raw sprouts, which are one of the most frequent perpetrators of foodborne illness. 

Many other restaurants have stopped serving sprouts following recent multiple outbreaks, and the government recommends that the very young, elderly, pregnant and others with compromised immune systems stay away from raw sprouts completely.

Only fully cooked sprouts are safe to eat.

According to the CDC, there have been at least 30 outbreaks associated with raw or lightly cooked sprouts in the United States in the last 15 years and even more around the world, including a 1996 outbreak in Japan that sickened thousands of people with E. coli.  Fenugreek sprout seeds from Egypt are thought to have caused a major outbreak of E. coli poisoning in Europe last year that killed more than 50 people.

Based on previous outbreaks associated with sprouts, investigation findings have demonstrated that sprout seeds might become contaminated in several ways.

  • contaminated water or improperly composted manure fertilizer;
  • contaminated with feces from domestic or wild animals;
  • contaminated with runoff from animal production facilities; and
  • contaminated with by improperly cleaned growing or processing equipment.

Seeds also might become contaminated during harvesting, distribution, or storage.  Many clover seeds are produced for agricultural use, so they might not be processed, handled, and stored as human food would.  Conditions suitable for sprouting the seed also permit bacteria that might be present on seeds to grow and multiply rapidly.  These sprouts, once received by establishments such as Jimmy John’s, are then washed ineffectively and the bacteria are spread through ingestion.

Simon & Luke Can Help You

If you contracted E. coli O26 poisoning after consuming a sandwich from Jimmy Johns, please call the E. coli and food poisoning lawyers at Simon & Luke for a free consultation on your legal rights. 

The firm has represented over 5000 victims of food-borne outbreaks in the past four years alone, and has collected over $500,000,000 for its clients.

Simon & Luke’s groundbreaking work on behalf of victims in national food borne illness outbreaks has paved the way for numerous upgrades to the US food safety system.  Some of the recent outbreaks in which Simon & Luke has represented clients include:

  • ConAgra Peter Pan peanut butter – Salmonella Tennessee
  • ConAgra pot pies – Salmonella I 4, [5], 12:i:-
  • National water supplier – Bacillus cereus
  • Castleberry’s chili – Botulism
  • Sushi King – Salmonella Enteritidis
  • National Hotel – Norovirus
  • Union Foods / Harris Freeman white pepper – Salmonella Rissen
  • Nestle cookie dough – E. coli O157:H7
  • Peanut Corporation of America Peanut products – Salmonella Typhimurium
  • JBS Swift beef – E. coli 0157:H7
  • Golden Nugget Casino – Salmonella Javiana
  • Freshway Foods romaine lettuce – E. coli 0145
  • Subway sandwiches – Shigella
  • Luxe Burger hamburgers – Salmonella Newport
  • Daniele salami – Salmonella Montevideo
  • Subway sandwiches – Salmonella Hvittingfoss
  • Brother’s Deli – Salmonella Enteritidis
  • Sangar celery – Listeria monocytogenes
  • Sprout outbreak – Listeria monocytogenes
  • Wright County Egg / Hillandale Farms eggs – Salmonella Enteritidis
  • Tiny Greens / Jimmy John’s alfalfa sprouts – Salmonella I 4, [5], 12:i:-
  • SOL Energy Drinks – Bacterial contamination
  • Rolf’s Patisserie – Staph Aureus
  • Lavon Farms – Salmonella Meunster
  • Jason’s Deli – E. coli O157:H7
  • Cargill ground turkey – Salmonella Heidelberg
  • Agromod papayas – Salmonella Agona
  • Rite Aid cookies – Bacillus cereus
  • Church’s fried chicken nuggets – Salmonella Enteritidis
  • El Gran Burrito tacos – Salmonella Newport
  • Jensen Farms – Listeria monocytogenes
  • Schnucks romaine lettuce – E. coli 0157:H7
  • Hannaford ground beef – Salmonella Typhimurium

Ron Simon’s work and commentary on these outbreaks has been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media.

The firm regularly publishes articles about food safety and litigation at www.myfoodpoisoninglawyer.com, which are read by viewers in over 150 countries.

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 – we are here to help you.


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Campylobacter Outbreak Linked to Raw Milk from Your Family Cow Dairy – 76 Victims in 4 States

Posted by Ron Simon on February 16th, 2012 under Uncategorized  •  No Comments

Raw Milk Infection Crosses State Lines:  76 Now Ill, 10 in States Where Raw Milk Cannot Be Sold

The Pennsylvania Department of Health (PADH) has added another six cases to the ongoing Campylobacter outbreak linked to raw milk from Your Family Cow dairy in Chambersburg, PA, bringing the number of confirmed infections to 76 with at least 9 individuals being hospitalized. 

The latest breakdown of cases by state is as follows: Pennsylvania (66), Maryland (5), West Virginia (3), and New Jersey (2).  According to the official spokesperson for PADH, “a few more seem to come in each day.”  The current age range of those sickened is from 2 to 74 years old, with 24 of the victims (34 percent) under the age of 18. 

Meanwhile, in Maryland, the Department of Health and Mental Hygiene (MDHMH) reported “multiple Campylobacter infection cases associated with consumption of raw (unpasteurized) milk from the Family Cow daily store in Chambersburg, PA.”  The MDHMH is warning its citizens to not drink any raw milk purchased from that locale.  In Maryland, state law prohibits the sale of unpasteurized milk.

State officials are also asking consumers to discard any raw milk product purchased this year from Family Cow.  The milk is labeled “Raw Milk” and sold under the “Family Cow” label in plastic containers.  It is also distributed to drop-off locations in Bucks, Cumberland, Dauphin, Delaware, Franklin, Lebanon, Montgomery, Philadelphia, and York counties.  There are also a number of local retail establishments that sell Family Cow raw milk.

The Family Cow dairy suspended operations after January 26, 2011, when it confirmation of Campylobacter poisoning—initially in two separate families.  After making improvements to equipment and passing a health inspection, the dairy was cleared to resume production early last week.  Because the incubation period can range from 1-10 days, new cases may still be reported. 

The sale of unpasteurized milk is legal in Pennsylvania, even though the Pennsylvania Department of Health reports nearly 200 cases of raw milk-related illnesses from Campylobacter or Salmonella poisoning.  The state is currently in its seventh raw milk outbreak in five years.  Raw milk sales are not legal in Maryland, West Virginia or New Jersey.

Raw Milk is Dangerous

“Raw milk can carry harmful bacteria and other germs that can make you sick or kill you.  While it is possible to get foodborne illnesses from many different foods, raw milk is one of the riskiest of all”

The Centers for Disease Control and Prevention (CDC)

Raw milk is dangerous.  According to a January 31, 2012 news bulletin from the Pennsylvania Department of Health (PDH), while one of the most nutritious of foods, when milk is consumed in raw form (which according to the CDC accounts for less than 1% of annual milk sales in the U.S.) it can transmit tuberculosis, brucellosis, diphtheria, scarlet fever, and Q-fever to humans.  In fact, pasteurization was developed to fight the spread of tuberculosis, and until milk began to be pasteurized, approximately one-quarter of all food borne illnesses were traceable to raw milk.   Raw milk can also carry bacteria like Salmonella, E. coli, Brucella, Listeria, and Campylobacter.  According to the New Jersey Department of Health and Senior Services (NJDHSS), raw milk can also carry Streptococcal or Staphylococcal infection and cause dysentery.

The most common pathogens transmitted in raw milk can also lead to kidney failure, paralysis, hemolytic uremic syndrome, Guillain-Barre syndrome, stroke, and death.   Nation-wide, the CDC reports 93 outbreaks between 1998-2009, including 1,837 confirmed illnesses, of which 195 required hospitalization and 2 died.  The CDC notes that these numbers are likely lower than the actual numbers as many cases go unreported. 

Why is Raw Milk so dangerous?  Disease and bacteria get into the milk through various sources:

  • Feedlot and/or pasture filth contamination;
  • A lactating dairy cow that is shedding the organism but not ill;
  • Pus from a bacterial infection within the lactating cow’s udder (mastitis);
  • Surface contamination of the cow’s teats during the milking process;
  • Improperly sanitized equipment used in milking, storing or transporting the raw milk; and
  • Inadvertent cross-contamination by humans or equipment.

According to the Pennsylvania Department of Health, Campylobacter is a bacterial infection that affects the intestinal tract and can sometimes affect the bloodstream and other organs.  It is one of the most common causes of gastroenteritis, which can include diarrhea and vomiting.  In Pennsylvania alone there are approximately 1300 confirmed cases annually.  In Maryland, 600 cases were confirmed in 2011.

Simon & Luke Can Help You

If you contracted campylobacter poisoning after consuming raw milk from Your Faily Cow dairy,  please call the E. coli and food poisoning lawyers at Simon & Luke for a free consultation on your legal rights. 

The firm has represented over 5000 victims of food-borne outbreaks in the past four years alone, and has collected over $500,000,000 for its clients.

Simon & Luke’s groundbreaking work on behalf of victims in national food borne illness outbreaks has paved the way for numerous upgrades to the US food safety system.  Some of the recent outbreaks in which Simon & Luke has represented clients include:

  • ConAgra Peter Pan peanut butter – Salmonella Tennessee
  • ConAgra pot pies – Salmonella I 4, [5], 12:i:-
  • National water supplier – Bacillus cereus
  • Castleberry’s chili – Botulism
  • Sushi King – Salmonella Enteritidis
  • National Hotel – Norovirus
  • Union Foods / Harris Freeman white pepper – Salmonella Rissen
  • Nestle cookie dough – E. coli O157:H7
  • Peanut Corporation of America Peanut products – Salmonella Typhimurium
  • JBS Swift beef – E. coli 0157:H7
  • Golden Nugget Casino – Salmonella Javiana
  • Freshway Foods romaine lettuce – E. coli 0145
  • Subway sandwiches – Shigella
  • Luxe Burger hamburgers – Salmonella Newport
  • Daniele salami – Salmonella Montevideo
  • Subway sandwiches – Salmonella Hvittingfoss
  • Brother’s Deli – Salmonella Enteritidis
  • Sangar celery – Listeria monocytogenes
  • Sprout outbreak – Listeria monocytogenes
  • Wright County Egg / Hillandale Farms eggs – Salmonella Enteritidis
  • Tiny Greens / Jimmy John’s alfalfa sprouts – Salmonella I 4, [5], 12:i:-
  • SOL Energy Drinks – Bacterial contamination
  • Rolf’s Patisserie – Staph Aureus
  • Lavon Farms – Salmonella Meunster
  • Jason’s Deli – E. coli O157:H7
  • Cargill ground turkey – Salmonella Heidelberg
  • Agromod papayas – Salmonella Agona
  • Rite Aid cookies – Bacillus cereus
  • Church’s fried chicken nuggets – Salmonella Enteritidis
  • El Gran Burrito tacos – Salmonella Newport
  • Jensen Farms – Listeria monocytogenes
  • Schnucks romaine lettuce – E. coli 0157:H7
  • Hannaford ground beef – Salmonella Typhimurium

Ron Simon’s work and commentary on these outbreaks has been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media.

The firm regularly publishes articles about food safety and litigation at www.myfoodpoisoninglawyer.com, which are read by viewers in over 150 countries.

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 – we are here to help you.


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Jimmy John’s Clover Sprouts Linked to E. coli Outbreak in 5 States

Posted by Ron Simon on February 15th, 2012 under E. coli Outbreaks  •  No Comments

Jimmy Johns Clover Sprouts Linked to E. coli Outbreak

The U.S. Centers for Disease Control (“CDC”) is working with health officials in several states and the U.S. Food and Drug Administration (“FDA”) on an investigation into a multistate outbreak of Shiga toxin-producing E. coli O26 infections linked with eating raw clover sprouts from Jimmy Johns.

So far, 12 victims have been infected with the outbreak strain of E. coli O26.  The victims reside in 5 states: Iowa (5), Missouri (3), Kansas (2), Arkansas (1), and Wisconsin (1).  Illness onset dates range from December 25, 2011 to January 15, 2012.  The victims range in age from 9 years to 49 years old, with a median age of 25 years old.  All of the victims are female.  Two have been hospitalized.  None have developed HUS, and no deaths have been reported.

The genetic code for the strain of E. coli 026 involved in this outbreak has rarely been seen before in the United States.  Preliminary results indicate that this strain of E. coli produces Shiga toxin type 1 and does not produce Shiga toxin type 2.

The Investigation

Epidemiologic and traceback investigations conducted have linked this outbreak to eating raw clover sprouts from sandwiches at Jimmy John’s retail outlets.  Among the 11 ill persons with information available, 10 (91%) reported eating at a Jimmy John’s sandwich restaurant in the 7 days preceding illness, and 8 (80%) could specifically remember eating a sandwich containing sprouts .  The victims reported eating at 9 different locations of Jimmy John’s restaurants in 4 states in the week before becoming ill.  Despite and intensive investigation into other possible sources of the outbreak, no other common grocery stores or restaurants could be associated with these illnesses.

The investigation has also identified a common lot of clover seeds used to grow clover sprouts served at Jimmy John’s restaurant locations where each of the ill persons ate.  Officials have also identified two separate sprouting facilities which used the same lot of seed to grow clover sprouts served at these Jimmy John’s restaurant locations. 

On February 10, 2012, the seed supplier informed sprouting facilities that received this lot of clover seeds to stop using them. Investigations are ongoing to identify other locations that may have sold clover sprouts grown from this seed lot.

How Could the Clover Seeds Have Become Contaminated?

Previous investigations into sprout-related bacterial outbreaks have revealed several potential causes of contamination: 

  • the seeds could be grown with contaminated water or improperly composted manure fertilizer
  • the seeds could become contaminated with feces from domestic or wild animals
  • the seeds could become contaminated with runoff from animal production facilities
  • the seeds could become contaminated by improperly cleaned growing or processing equipment
  • the seeds could become contaminated during harvesting, distribution, or storage. 

Simon & Luke Has Already Collected Food Poisoning Settlements from Jimmy Johns in 2012

In January 2012, the food poisoning lawyers at Simon & Luke collected settlements on behalf of 2 clients who had become ill from Salmonella poisoning after consuming Jimmy Johns sandwiches containing contaminated alfalfa sprouts.  

Let Simon & Luke Help You

If you contracted E. coli O26 poisoning after consuming a sandwich from Jimmy Johns, please call the E. coli and food poisoning lawyers at Simon & Luke for a free consultation on your legal rights. 

The firm has represented over 5000 victims of food-borne outbreaks in the past four years alone, and has collected over $500,000,000 for its clients.

Simon & Luke’s groundbreaking work on behalf of victims in national food borne illness outbreaks has paved the way for numerous upgrades to the US food safety system.  Some of the recent outbreaks in which Simon & Luke has represented clients include:

  • ConAgra Peter Pan peanut butter – Salmonella Tennessee
  • ConAgra pot pies – Salmonella I 4, [5], 12:i:-
  • National water supplier – Bacillus cereus
  • Castleberry’s chili – Botulism
  • Sushi King – Salmonella Enteritidis
  • National Hotel – Norovirus
  • Union Foods / Harris Freeman white pepper – Salmonella Rissen
  • Nestle cookie dough – E. coli O157:H7
  • Peanut Corporation of America Peanut products – Salmonella Typhimurium
  • JBS Swift beef – E. coli 0157:H7
  • Golden Nugget Casino – Salmonella Javiana
  • Freshway Foods romaine lettuce – E. coli 0145
  • Subway sandwiches – Shigella
  • Luxe Burger hamburgers – Salmonella Newport
  • Daniele salami – Salmonella Montevideo
  • Subway sandwiches – Salmonella Hvittingfoss
  • Brother’s Deli – Salmonella Enteritidis
  • Sangar celery – Listeria monocytogenes
  • Sprout outbreak – Listeria monocytogenes
  • Wright County Egg / Hillandale Farms eggs – Salmonella Enteritidis
  • Tiny Greens / Jimmy John’s alfalfa sprouts – Salmonella I 4, [5], 12:i:-
  • SOL Energy Drinks – Bacterial contamination
  • Rolf’s Patisserie – Staph Aureus
  • Lavon Farms – Salmonella Meunster
  • Jason’s Deli – E. coli O157:H7
  • Cargill ground turkey – Salmonella Heidelberg
  • Agromod papayas – Salmonella Agona
  • Rite Aid cookies – Bacillus cereus
  • Church’s fried chicken nuggets – Salmonella Enteritidis
  • El Gran Burrito tacos – Salmonella Newport
  • Jensen Farms – Listeria monocytogenes
  • Schnucks romaine lettuce – E. coli 0157:H7
  • Hannaford ground beef – Salmonella Typhimurium

Ron Simon’s work and commentary on these outbreaks has been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media.

The firm regularly publishes articles about food safety and litigation at www.myfoodpoisoninglawyer.com, which are read by viewers in over 150 countries.

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 – we are here to help you.


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Simon & Luke Collects Salmonella Settlements From Jimmy Johns and Tiny Greens

Posted by Ron Simon on January 30th, 2012 under Recent Settlements, Tiny Greens / Jimmy John's Salmonella I 4,5 12:i:- Outbreak  •  No Comments

Simon & Luke Collects Jimmy Johns Salmonella Settlements

The salmonella lawyers at Simon & Luke today announced that they have collected settlements on behalf of 2 clients who had become ill from Salmonella poisoning after consuming Jimmy Johns sandwiches containing contaminated alfalfa sprouts manufactured by Tiny Greens Organic Farm in Urbana, Illinois.  

The cases were settled after intense negotiations and a mediation in Chicago.  Terms of the settlements were confidential.

Managing partner Ron Simon issued the following statement: “Our clients commend Jimmy Johns and Tiny Greens for resolving these cases.  Everyone can now move forward and put this tragedy behind them.”

The firm has collected settlements on behalf of all clients injured in the Jimmy Johns salmonella outbreak.

The Jimmy Johns / Tiny Greens Salmonella Outbreak

From November 1, 2010, through February 9, 2011, 140 individuals infected with the outbreak strain of Salmonella serotype I 4,[5],12:i:- were reported from 26 states and the District of Columbia.

The number of ill persons identified in each state and the District of Columbia with the outbreak strain is as follows: Arkansas (1), California (1), Colorado (1), Connecticut (1), District of Columbia (1), Georgia (1), Hawaii (1), Iowa (1), Illinois (70), Indiana (13), Kentucky (1), Louisiana (1), Massachusetts (2), Maryland (1), Missouri (23), Nebraska (1), Nevada (1), New Jersey (1), New York (2), North Carolina (1), Oregon (1), Pennsylvania (4), South Carolina (1), South Dakota (1), Tennessee (2), Virginia (2), and Wisconsin (4).

Case-patients ranged in age from 1 to 85 years-old, with a median age of 28 years-old.  Eighty-seven patients (or 63%) were female.  Among persons with available information, 24% were hospitalized.  No deaths were reported.

Collaborative investigative efforts of local, state, and federal public health and regulatory agencies linked this outbreak to consumption of Tiny Greens Alfalfa Sprouts or Spicy Sprouts (which contain alfalfa sprouts mixed with radish and clover sprouts). The sprouts were distributed to various customers, including farmers’ markets, restaurants, and groceries in Illinois, Indiana, Iowa, and Missouri and may also have been distributed to other Midwestern states.

Half of the illnesses occurred in Illinois, where many of the ill individuals ate sandwiches containing sprouts at various Jimmy John’s outlets.  FDA and the Illinois Department of Public Health (IDPH) conducted an inspection of Tiny Greens Organic Farm.  An environmental (water run-off) sample collected by the FDA yielded Salmonella serotype I 4,[5],12:i:- that was an identical genetic match to the outbreak strain.

Let Simon & Luke Help You

If you contracted salmonella poisoning after consuming a sandwich at Jimmy Johns in late 2010 / early 2011, please call the salmonella lawyers at Simon & Luke for a free consultation on your legal rights. 

The firm has represented over 5000 victims of food-borne outbreaks in the past four years alone, and has collected over $500,000,000 for its clients.

Simon & Luke’s groundbreaking work on behalf of victims in national food borne illness outbreaks has paved the way for numerous upgrades to the US food safety system.  Some of the recent outbreaks in which Simon & Luke has represented clients include:

  • ConAgra Peter Pan peanut butter – Salmonella Tennessee
  • ConAgra pot pies – Salmonella I 4, [5], 12:i:-
  • National water supplier – Bacillus cereus
  • Castleberry’s chili – Botulism
  • Sushi King – Salmonella Enteritidis
  • National Hotel – Norovirus
  • Union Foods / Harris Freeman white pepper – Salmonella Rissen
  • Nestle cookie dough – E. coli O157:H7
  • Peanut Corporation of America Peanut products – Salmonella Typhimurium
  • JBS Swift beef – E. coli 0157:H7
  • Golden Nugget Casino – Salmonella Javiana
  • Freshway Foods romaine lettuce – E. coli 0145
  • Subway sandwiches – Shigella
  • Luxe Burger hamburgers – Salmonella Newport
  • Daniele salami – Salmonella Montevideo
  • Subway sandwiches – Salmonella Hvittingfoss
  • Brother’s Deli – Salmonella Enteritidis
  • Sangar celery – Listeria monocytogenes
  • Sprout outbreak – Listeria monocytogenes
  • Wright County Egg / Hillandale Farms eggs – Salmonella Enteritidis
  • Tiny Greens / Jimmy John’s alfalfa sprouts – Salmonella I 4, [5], 12:i:-
  • SOL Energy Drinks – Bacterial contamination
  • Rolf’s Patisserie – Staph Aureus
  • Lavon Farms – Salmonella Meunster
  • Jason’s Deli – E. coli O157:H7
  • Cargill ground turkey – Salmonella Heidelberg
  • Agromod papayas – Salmonella Agona
  • Rite Aid cookies – Bacillus cereus
  • Church’s fried chicken nuggets – Salmonella Enteritidis
  • El Gran Burrito tacos – Salmonella Newport
  • Jensen Farms – Listeria monocytogenes
  • Schnucks romaine lettuce – E. coli 0157:H7
  • Hannaford ground beef – Salmonella Typhimurium

Ron Simon’s work and commentary on these outbreaks has been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media.

The firm regularly publishes articles about food safety and litigation at www.myfoodpoisoninglawyer.com, which are read by viewers in over 150 countries.

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 – we are here to help you.


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Simon & Luke Files Contaminated Cantaloupe Lawsuit in Texas

Posted by Ron Simon on January 30th, 2012 under Cantaloupe Listeria Outbreak  •  No Comments

Simon & Luke Files Tainted Cantaloupe Lawsuit

Texas-based food safety firm Simon & Luke has filed a lawsuit on behalf of one of the 146 victims nationwide that have been sickened by cantaloupe contaminated with Listeria monocytogenes.  The cantaloupes were produced by Jensen Farms in Colorado and distributed by Texas-based Frontera Produce, Ltd.

The lawsuit was filed in Hidalgo County, Texas on behalf of one of Simon & Luke’s many clients in this outbreak – 73 year-old Cheryle Ferda.

Simon & Luke managing partner Ron Simon issued the following statement: “On behalf of Cheryle Ferda, our numerous clients in this outbreak, and all of the victims affected by this preventable tragedy – rest assured that we shall not rest until the cause of this contamination is known and our food system is made safer as a result.  We must continue to strive for better food safety measures so that we can all feed our families with the confidence that our food is safe.”

When asked what she would say to the owners of Jensen Farms and Frontera Produce if asked, Ms. Ferda replied “I’d ask them to please help make our food safe and beg them not to let this happen again.”

Cheryle Ferda -  Lucky to be Alive

Cheryle Ferda is a registered nurse who lives in the sleepy town of Blackwell, Oklahoma.  She still works regular hours in the nearby town of Ponca City.  Little did she know that she would soon become one of 146 victims nationwide who would suffer Listeria monocytogenes poisoning from consuming a simple breakfast treat – cantaloupe.

After consuming cantaloupe produced by Jensen Farms, Ms. Ferda began experiencing symptoms consistent with Listeria monocytogenes poisoning – nausea, vomiting, diarrhea, fever, stomach cramps, muscle aches, abdomen pain, weakness, and dehydration.  Her fever quickly rose to 105.8 degrees and the illness became so severe that her friends and supervisors told her she needed to go to the hospital immediately.

So on September 5, 2011, she was rushed to Ponca City Medical Center with extremely high fever, nausea, vomiting, diarrhea, confusion, weakness, and other symptoms of listeriosis.  Doctors determined that her infection was extremely serious, and admitted her to the hospital.  She remained there for 15 days (including several days in ICU), until she was discharged to home health care on September 20.

She is still undergoing treatment and the bills for her costly medical care have already exceeded $100,000.

Blood cultures performed by Ponca City Medical Center and the Oklahoma State Department of Health Laboratory later revealed that Cheryle’s illness was caused by a massive Listeria monocytogenes infection.  Health officials would later confirm that she tested positive for a strain of Listeria monocytogenes matching strains found on machinery and produce at Jensen Farms.

CDC Releases Final Outbreak Totals

The CDC has confirmed that a total of 146 persons infected with any of the four outbreak-associated strains of Listeria monocytogenes were reported to CDC from 28 states.  The number of infected persons identified in each state was as follows: Alabama (1), Arkansas (1), California (4), Colorado (40), Idaho (2), Illinois (4), Indiana (3), Iowa (1), Kansas (11), Louisiana (2), Maryland (1), Missouri (7), Montana (1), Nebraska (6), Nevada (1), New Mexico (15), New York (2), North Dakota (2), Oklahoma (12), Oregon (1), Pennsylvania (1), South Dakota (1), Texas (18), Utah (1), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (4).

Illness onsets ranged from July 31, 2011 through October 27, 2011.  Victims ranged in age from <1 to 96 years, with a median age of 77 years.  Most ill persons were over 60 years old.  Fifty-eight percent of ill persons were female.  Among the 144 ill persons with available information on whether they were hospitalized, 142 (99%) were hospitalized.

Thirty deaths were reported in the following states: Colorado (8), Indiana (1), Kansas (3), Louisiana (2), Maryland (1), Missouri (3), Nebraska (1), New Mexico (5), New York (2), Oklahoma (1), Texas (2), and Wyoming (1).  Among persons who died, ages ranged from 48 to 96 years, with a median age of 82.5 years.  In addition, one woman pregnant at the time of illness had a miscarriage.

If you Contracted Listeria, Let Simon & Luke Help You

If you or a loved one have contracted listeria after consuming cantaloupes, and have been contacted by the health department, then you are likely related to this outbreak.  If so, you are entitled to significant compensation from Jensen Farms, Frontera Produce, Ltd., and their insurers, including payment for all of your past and future medical bills, pharmacy bills, lost wages, pain and suffering, mental anguish, and other damages.

We have represented several victims in two recent national listeria outbreaks – the Chang Farms sprout outbreak and Sangar celery outbreak.

Simon & Luke is the only law firm in Texas that focuses on the prosecution of food poisoning claims

Simon & Luke is the only law firm in Texas that focuses on the prosecution of food poisoning claims.  The firm has represented over 5000 victims of food-borne outbreaks in the past four years alone, and has collected over $500,000,000 for its clients.

Simon & Luke’s groundbreaking work on behalf of victims in national food borne illness outbreaks has paved the way for numerous upgrades to the US food safety system.  Some of the recent outbreaks in which Simon & Luke has represented clients include:

  • ConAgra Peter Pan peanut butter – Salmonella Tennessee
  • ConAgra pot pies – Salmonella I 4, [5], 12:i:-
  • National water supplier – Bacillus cereus
  • Castleberry’s chili – Botulism
  • Sushi King – Salmonella Enteritidis
  • National Hotel – Norovirus
  • Union Foods / Harris Freeman white pepper – Salmonella Rissen
  • Nestle cookie dough – E. coli O157:H7
  • Peanut Corporation of America Peanut products – Salmonella Typhimurium
  • JBS Swift beef – E. coli 0157:H7
  • Golden Nugget Casino – Salmonella Javiana
  • Freshway Foods romaine lettuce – E. coli 0145
  • Subway sandwiches – Shigella
  • Luxe Burger hamburgers – Salmonella Newport
  • Daniele salami – Salmonella Montevideo
  • Subway sandwiches – Salmonella Hvittingfoss
  • Brother’s Deli – Salmonella Enteritidis
  • Sangar celery – Listeria monocytogenes
  • Sprout outbreak – Listeria monocytogenes
  • Wright County Egg / Hillandale Farms eggs – Salmonella Enteritidis
  • Tiny Greens / Jimmy John’s alfalfa sprouts – Salmonella I 4, [5], 12:i:-
  • SOL Energy Drinks – Bacterial contamination
  • Rolf’s Patisserie – Staph Aureus
  • Lavon Farms – Salmonella Meunster
  • Jason’s Deli – E. coli O157:H7
  • Cargill ground turkey – Salmonella Heidelberg
  • Agromod papayas – Salmonella Agona
  • Rite Aid cookies – Bacillus cereus
  • Church’s fried chicken nuggets – Salmonella Enteritidis
  • El Gran Burrito tacos – Salmonella Newport
  • Jensen Farms – Listeria monocytogenes
  • Schnucks romaine lettuce – E. coli 0157:H7
  • Hannaford ground beef – Salmonella Typhimurium

Ron Simon’s work and commentary on these outbreaks has been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media.

The firm regularly publishes articles about food safety and litigation at www.myfoodpoisoninglawyer.com, which are read by viewers in over 150 countries.

The firm is currently accepting Jensen Farms cantaloupe listeria cases, and represents several victims in this outbreak.  The firm will be filing additional tainted cantaloupe lawsuits in the near future.  Simon & Luke’s listeria and food poisoning lawyers and attorneys can help you with your Jensen Farms cantaloupe listeria outbreak, claim, lawsuit, and settlement in Alabama, Arkansas, California, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.

The firm gladly accepts referrals of food poisoning cases.

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 – we are here to help you.


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CDC Investigates Salmonella Enteritidis Outbreak

Posted by Ron Simon on January 24th, 2012 under Salmonella Outbreaks  •  No Comments

CDC Reports Investigative Techniques Used to Isolate Source of Mexican-Style Fast Food Salmonella Enteritidis Outbreak 

The Centers for Disease Control and Prevention (CDC) has released a report detailing the processes involved in isolating the source of the recent (October 2011-January 2012) outbreak of Salmonella strain Enteritidis.

The process involved cooperation between agencies at the federal, state, and local levels.  These efforts resulted in the CDC’s conclusion that the outbreak was related to the consumption of food from a Mexican-style fast food restaurant chain.  The agency has yet to identify the name of the chain, and is instead calling it “Restaurant Chain A.”

Of the 68 individuals who have been linked to the strain of Salmonella involved in the outbreak, the CDC had access to the data for 52 individuals.  Of those persons, 60% reported eating at the implicated restaurant chain within 7 days of becoming ill.  To contrast with the general population, among other individuals who did not become ill, only 17% reported eating at “Restaurant Chain A” in the week before illness onset – a very stark difference in figures.  Further, the CDC released that 3 individual franchises (locations) were involved in more than one case of outbreak-related illness. 

Due to the common ingredients used in menu items at the restaurant chain, the CDC was unable to identify a specific food as the source of illness.  However, the report does include the following figures: of the individuals who fell ill (for whom data were available), 94% reported eating ground beef, 90% reported eating lettuce, 77% reported eating cheese, and 35% reported that they consumed tomatoes. 

Despite the fact that the most commonly reported ingredient was beef, the CDC says that the epidemic curve in this outbreak is “consistent with those observed in past produce-related outbreaks” because of the sharp increase and subsequent decline in illnesses reported over the span of one to two months.  The CDC further opined that ground beef was “an unlikely source due to the handling and cooking processes used” by the restaurant chain.

The US Food and Drug Administration (FDA) attempted to use information about supply truck delivery routes and schedules – including various shipping records of suspected and other foods to the restaurant locations – to identify the exact food source of the outbreak.  The franchise locations associated with more than one outbreak case were located on two different shipping routes, and comparison of the lists of suspected foods received by these locations didn’t show any commonalities across a number of different suppliers.

The outbreak has been associated with 68 cases of Salmonella Enteritidis across 10 states, with the majority of cases reported in Texas (43) and Oklahoma (16).


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Mystery Mexican Restaurant Responsible for 68 Salmonella Illnesses in 10 States

Posted by Ron Simon on January 24th, 2012 under Salmonella Outbreaks  •  No Comments

Mexican-Style Fast Food Linked to Salmonella Enteritidis Outbreak

The CDC recently reported that 68 individuals in 10 states have been infected with Salmonella Enteritidis linked to the consumption of food from an as yet unnamed Mexican-style fast food restaurant chain, which the agency is calling “Restaurant Chain A.”

The largest number of outbreak cases were reported in Texas, which confirmed 43 cases of the outbreak strain.   Oklahoma has reported 16 cases.

The 68 confirmed victims are distributed across the United States as follows: persons infected with the outbreak strain of Salmonella Enteritidis have been reported from 10 states between October 13, 2011 and January 19, 2012.  The number of ill persons identified in each state is as follows: Texas (43), Oklahoma (16), Kansas (2), Iowa (1), Michigan (1), Missouri (1), Nebraska (1), New Mexico (1), Ohio (1), and Tennessee (1).

The first confirmed illness had an onset date of October 13, 2011.  The youngest outbreak victim was under one year of age, and the most elderly was 79 at the time of onset.  The median age was 25, and the majority (54%) of cases involved females. 31% of outbreak victims for whom information was available had to be hospitalized as a result of their illness.  Fortunately, no fatalities have been reported from an outbreak-related illness as of this date.

The CDC speculates that the outbreak appears to be over as of the date of the report, and does not expect that any illnesses occurred after January 19, 2012.

According to preliminary information released by the CDC, the illness stems from food eaten at a certain restaurant chain that sells Mexican-style fast food (identified by the Centers for Disease Control as “Restaurant Chain A”).  No specific food was isolated as the source of illness, but the CDC reports that the contamination of the food most likely occurred before the product reached the restaurant locations.

If you Contracted Salmonella Let Simon & Luke Help You

If you or a loved one contracted salmonella after, and have been contacted by the health department, then you may be related to an outbreak.  If so, you may be entitled to significant compensation, including payment for all of your past and future medical bills, pharmacy bills, lost wages, pain and suffering, mental anguish, and other damages.

Simon & Luke’s groundbreaking work on behalf of victims in national food borne illness outbreaks has paved the way for numerous upgrades to the US food safety system.  Some of the recent outbreaks in which Simon & Luke has represented clients include:

  • ConAgra Peter Pan peanut butter – Salmonella Tennessee
  • ConAgra pot pies – Salmonella I 4, [5], 12:i:-
  • National water supplier – Bacillus cereus
  • Castleberry’s chili – Botulism
  • Sushi King – Salmonella Enteritidis
  • National Hotel – Norovirus
  • Union Foods / Harris Freeman white pepper – Salmonella Rissen
  • Nestle cookie dough – E. coli O157:H7
  • Peanut Corporation of America Peanut products – Salmonella Typhimurium
  • JBS Swift beef – E. coli 0157:H7
  • Golden Nugget Casino – Salmonella Javiana
  • Freshway Foods romaine lettuce – E. coli 0145
  • Subway sandwiches – Shigella
  • Luxe Burger hamburgers – Salmonella Newport
  • Daniele salami – Salmonella Montevideo
  • Subway sandwiches – Salmonella Hvittingfoss
  • Brother’s Deli – Salmonella Enteritidis
  • Sangar celery – Listeria monocytogenes
  • Sprout outbreak – Listeria monocytogenes
  • Wright County Egg / Hillandale Farms eggs – Salmonella Enteritidis
  • Tiny Greens / Jimmy John’s alfalfa sprouts – Salmonella I 4, [5], 12:i:-
  • SOL Energy Drinks – Bacterial contamination
  • Rolf’s Patisserie – Staph Aureus
  • Lavon Farms – Salmonella Meunster
  • Jason’s Deli – E. coli O157:H7
  • Cargill ground turkey – Salmonella Heidelberg
  • Agromod papayas – Salmonella Agona
  • Rite Aid cookies – Bacillus cereus
  • Church’s fried chicken nuggets – Salmonella Enteritidis
  • El Gran Burrito tacos – Salmonella Newport
  • Jensen Farms – Listeria monocytogenes
  • Schnucks romaine lettuce – E. coli 0157:H7
  • Hannaford ground beef – Salmonella Typhimurium

Ron Simon’s work and commentary on these outbreaks has been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media.

The firm has represented over 5000 victims of food-borne outbreaks in the past four years alone, and has collected over $500,000,000 for its clients.

The firm regularly publishes articles about food safety and litigation at www.myfoodpoisoninglawyer.com, which are read by viewers in over 150 countries.

Simon & Luke is the only law firm in Texas that focuses on the prosecution of food poisoning claims.

Simon & Luke’s salmonella lawyers and attorneys can help you with your Salmonella Enteritidis outbreak, claim, lawsuit, and settlement in Texas, Oklahoma, Kansas, Iowa, Michigan, Missouri, Nebraska, New Mexico, Ohio, Tennessee, and all other 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 – we are here to help you.

 


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Simon & Luke Prosecutes Claims Against Cargill for Salmonella-Tainted Turkey

Posted by Ron Simon on January 21st, 2012 under Ground Turkey Salmonella Outbreak  •  No Comments

Simon & Luke Prosecuting Tainted Turkey Claims

Houston-based food safety law firm Simon & Luke has filed more claims against Cargill on behalf of victims who contracted Salmonella Heidelberg after consuming ground turkey manufactured by the company.  The claims were filed on behalf of residents of Michigan, South Dakota, Arizona, and Illinois.  In August, the firm filed the first lawsuit in the United States against Cargill relating to the outbreak. 

Salmonella-Tainted Turkey – 136 victims in 34 States

A total of 136 persons infected with the outbreak strain of Salmonella Heidelberg have been reported from 34 states.  The number of victims identified in each state was as follows: Alabama (1), Arkansas (1), Arizona (3), California (7), Colorado (4), Connecticut (1), Georgia (2), Illinois (16), Indiana (2), Iowa (2), Kansas (3), Kentucky (2), Louisiana (1), Massachusetts (4), Maryland (1), Michigan (12), Minnesota (2), Mississippi (2), Missouri (7), Nebraska (2), Nevada (1), New Jersey (1), New York (3), North Carolina (4), Ohio (12), Oklahoma (2), Oregon (1), Pennsylvania (8), South Dakota (3), Tennessee (2), Texas (18), Utah (1), Vermont (1), and Wisconsin (4).

Illness onset dates range between February 27 and September 13, 2011.  The victims range in age from from less than 1 year to 90 years old, with a median age of 23 years old.  Fifty-seven percent are male.  Approximately 38% of the victims were hospitalized.  One death has been reported in Sacramento County, California.

The Investigation into the Salmonella Heidelberg Outbreak

A collaborative effort between state, local, and federal health agencies was able to determine that ground turkey manufactured by Cargill was the source of this outbreak.  

Cultures of five ground turkey samples purchased from five retail locations between March 7 and June 27, 2011 yielded Salmonella Heidelberg matching the outbreak strains.  All of these products originated from the Cargill Meat Solutions Corporation located in Springdale, Arkansas.

Other samples taken from victims’ homes in Ohio and New Mexico yielded the two Salmonella Heidelberg strains involved in this outbreak (genetic codes JF6X01.0058 and JF6X01.0032).

Salmonella Heidelberg Outbreak Strains are Resistant to Antibiotics

The strain involved in this outbreak are resistant to antibiotics including ampicillin, streptomycin, tetracycline, and gentamicin. Testing results indicated that isolates were sensitive to several common antibiotics used in clinical practice such as ciprofloxacin, ceftriaxone, and trimethoprim-sulfamethoxazole.  Antimicrobial resistance can increase the risk of hospitalization or possible treatment failure in infected individuals.

Cargill Issues Two Tainted Turkey Recalls – One Recall Just Wasn’t Enough

On August 3, 2011, Cargill Meat Solutions Corporation, a Springdale, Arkansas, establishment, recalled over 36 million pounds of ground turkey products that were potentially contaminated with Salmonella Heidelberg.  The recalled products are all ground turkey and bore the establishment number “P-963″ inside the USDA mark of inspection.

Then on September 11, 2011, Cargill Meat Solutions Corporation recalled another 185,000 pounds of ground turkey products after product samples at the plant tested positive for the outbreak strain of Salmonella Heidelberg.

About Salmonella Heidelberg

Over the past decade, Salmonella Heidelberg has caused large outbreaks of foodborne illness in nursing homes, hospitals, and the community at large.

The primary reservoir of Salmonella Heidelberg is poultry.  Some studies cite data indicating that it is found exclusively in poultry meats.  Case-control studies implicating table eggs and chicken meat as the main sources of Salmonella Heidelberg infections support the notion of poultry as the major reservoir of human infections in the United States and Canada.

Surveillance data from 2002-2006 using a sample of 20,295 retail raw meats indicated that almost all isolates of Salmonella Heidelberg were from poultry.  In addition to the 59.7% isolated from ground turkey, 36.9% were isolated from chicken breast, bringing the total of Salmonella Heidelberg isolates from poultry meat to 96.6%.  Only 3.4% of isolates were recovered from pork; none were recovered from ground beef.

Comparatively little is known about Salmonella Heidelberg infections in humans.  The organism, commonly seen in North America, was not among the 15 top serotypes seen in Africa, Asia, Australia, Europe, Israel, or New Zealand in a study performed in 2000.  And as late as 2008, Salmonella Heidelberg was not among the top six serotypes in continents other than North America.

However, Salmonella Heidelberg is common within the United States and Canada: in 2003, it was the fourth most common Salmonella serotype isolated from food animals, and the fifth most commonly isolated from humans.  By 2004, it was the fourth most commonly isolated from humans.  In both 2003 and 2004, Salmonella Heidelberg was the most common serotype found in retail meats.

Infections with Salmonella Heidelberg have been associated with severe disease symptoms, including extraintestinal infections, septicemia, and myocarditis.  According to data from Canada’s National Enteric Surveillance Program, it is the Salmonella serotype most frequently isolated from blood.

Salmonella Heidelberg has also been noted for its drug resistance.  According to one study, resistance to ceftiofur with decreased susceptibility to ceftriaxone has increased in recent years.  These strains are also commonly resistant to streptomycin, tetracycline, sulfamethoxazole, chloramphenicol, and trimethoprim-sulfamethoxazole.  Strains of Salmonella Heidelberg that are multiple drug resistant (MDR) are of particular import given the serotype’s propensity to produce severe infections.  In one academic study, the most extensive resistance patterns were found among strains of Salmonella Heidelberg isolated from turkeys, with some resistance patterns showing resistance to nine or more antimicrobials.

First Ground Turkey Salmonella Lawsuit Against Cargill Filed by Texas Food Poisoning Attorney Ron Simon

Ron Simon of Simon & Luke filed the first salmonella lawsuit stemming from this Salmonella Heidelberg outbreak.  The lawsuit was filed in the United States District Court in Fayetteville, Arkansas, on behalf of 38-year old Arizona resident David Taber.

In early June, a few days after consuming ground turkey, Mr. Taber began to experience severe vomiting, diarrhea and abdominal pain.  After multiple trips to his family physician and a local Urgent Care Center – neither of which led to any alleviation of his symptoms – he was rushed via ambulance to the emergency room at Mercy Gilbert Medical Center on June 12, 2011.  Doctors immediately admitted him to the hospital with a diagnosis of acute colitis, but could not determine the cause of his illness.

On the third day of his hospital stay, David got the answer he was looking for: his blood culture came back positive for salmonella, and that is what was making him so sick.  Because the deadly bacteria had already spread to his bloodstream, the infection was septic and had become life-threatening.  He remained at the hospital for several days, and was eventually discharged on June 18.  He is still recovering from his illness.

The Arizona Department of Health Services Laboratory later confirmed that Mr. Taber’s blood culture tested positive for the outbreak strain of Salmonella Heidelberg.

Cargill – A History of Tainted Meat

Unfortunately, this is not Cargill’s first meat recall.  Since 1993, Cargill and its subsidiaries have recalled over 58 million pounds of tainted meat in 10 separate outbreaks, which resulted in at least 323 confirmed illnesses as outlined below:

If you Contracted Salmonella Let Simon & Luke Help You

If you or a loved one contracted salmonella after eating ground turkey, and have been contacted by the health department, then you are likely related to this outbreak.  If so, you are entitled to significant compensation from Cargill and its insurers, including payment for all of your past and future medical bills, pharmacy bills, lost wages, pain and suffering, mental anguish, and other damages.

Simon & Luke’s groundbreaking work on behalf of victims in national food borne illness outbreaks has paved the way for numerous upgrades to the US food safety system.  Some of the recent outbreaks in which Simon & Luke has represented clients include:

  • ConAgra Peter Pan peanut butter – Salmonella Tennessee
  • ConAgra pot pies – Salmonella I 4, [5], 12:i:-
  • National water supplier – Bacillus cereus
  • Castleberry’s chili – Botulism
  • Sushi King – Salmonella Enteritidis
  • National Hotel – Norovirus
  • Union Foods / Harris Freeman white pepper – Salmonella Rissen
  • Nestle cookie dough – E. coli O157:H7
  • Peanut Corporation of America Peanut products – Salmonella Typhimurium
  • JBS Swift beef – E. coli 0157:H7
  • Golden Nugget Casino – Salmonella Javiana
  • Freshway Foods romaine lettuce – E. coli 0145
  • Subway sandwiches – Shigella
  • Luxe Burger hamburgers – Salmonella Newport
  • Daniele salami – Salmonella Montevideo
  • Subway sandwiches – Salmonella Hvittingfoss
  • Brother’s Deli – Salmonella Enteritidis
  • Sangar celery – Listeria monocytogenes
  • Sprout outbreak – Listeria monocytogenes
  • Wright County Egg / Hillandale Farms eggs – Salmonella Enteritidis
  • Tiny Greens / Jimmy John’s alfalfa sprouts – Salmonella I 4, [5], 12:i:-
  • SOL Energy Drinks – Bacterial contamination
  • Rolf’s Patisserie – Staph Aureus
  • Lavon Farms – Salmonella Meunster
  • Jason’s Deli – E. coli O157:H7
  • Cargill ground turkey – Salmonella Heidelberg
  • Agromod papayas – Salmonella Agona
  • Rite Aid cookies – Bacillus cereus
  • Church’s fried chicken nuggets – Salmonella Enteritidis
  • El Gran Burrito tacos – Salmonella Newport
  • Jensen Farms – Listeria monocytogenes
  • Schnucks romaine lettuce – E. coli 0157:H7
  • Hannaford ground beef – Salmonella Typhimurium

Ron Simon’s work and commentary on these outbreaks has been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media.

The firm has represented over 5000 victims of food-borne outbreaks in the past four years alone, and has collected over $500,000,000 for its clients.

The firm regularly publishes articles about food safety and litigation at www.myfoodpoisoninglawyer.com, which are read by viewers in over 150 countries.

We represent several victims in this ground turkey salmonella outbreak, and filed the first lawsuit nationwide against Cargill.

Simon & Luke’s salmonella lawyers and attorneys can help you with your Cargill ground turkey Salmonella Heidelberg outbreak, claim, lawsuit, and settlement in Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Wisconsin, and all other 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 – we are here to help you.


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