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Michigan E. coli O157:H7 Outbreak Linked to Bagged Lettuce, Again; Food Safety Attorney,...

Fri Sep 26, 2008 8:17pm EDT
Michigan E. coli O157:H7 Outbreak Linked to Bagged Lettuce, Again; Food Safety Attorney, William Marler, Gives History Lesson.

SEATTLE--(Business Wire)--
"E. coli O157:H7 outbreaks associated with lettuce or spinach,
specifically the "pre-washed" and "ready-to-eat" varieties sold under
various brand and trade names, are by no means a new phenomenon,"
according to food-safety attorney, William D. Marler, of Marler Clark.
By way of illustration:

       --  in October 2003, thirteen residents of a California
            retirement home were sickened, and two people died, after
            eating E. coli-contaminated, pre-washed spinach;

       --  in September 2003, nearly forty patrons of a California
            restaurant chain fell ill after eating salads prepared
            with bagged, pre-washed lettuce; and

       --  in July 2002, over fifty young women fell ill with E. coli
            O157:H7 at a dance camp after eating "pre-washed" lettuce,
            leaving several hospitalized and one with life-long kidney
            damage.

   And this is just a small sampling of the twenty or more E. coli
O157:H7 outbreaks since 1995 in which spinach or lettuce was the
source.

   Several more outbreaks linked to contaminated leafy-produce,
including most recently the September 2005 Dole packaged lettuce
outbreak, are identified in the chart below, which is based on
information gathered by the Center for Science in the Public
Interest:(1)

-0-
*T
        Date            Vehicle     Etiology Reported States/Provinces
                                              Cases
----------------------------------------------------------------------
Aug. 1993            Salad Bar      E. coli     53          1:WA
                                     O157:H7
----------------------------------------------------------------------
July 1995            Lettuce (leafy E. coli     70          1:MT
                      green; red;    O157:H7
                      romaine)
----------------------------------------------------------------------
Sept. 1995           Lettuce        E. coli     20          1:ID
                      (romaine)      O157:H7
----------------------------------------------------------------------
Sept. 1995           Lettuce        E. coli     30          1:ME
                      (iceberg)      O157:H7
----------------------------------------------------------------------
Oct. 1995            Lettuce        E. coli     11          1:OH
                      (iceberg;      O157:H7
                      unconfirmed)
----------------------------------------------------------------------
May-June 1996        Lettuce        E. coli     61      3:CT, IL, NY
                      (mesclun; red  O157:H7
                      leaf)
----------------------------------------------------------------------
May 1998             Salad          E. coli     2           1:CA
                                     O157:H7
----------------------------------------------------------------------
Feb.-Mar. 1999       Lettuce        E. coli     72          1:NE
                      (iceberg)      O157:H7
----------------------------------------------------------------------
July-Aug. 2002       Lettuce        E. coli     29        2:WA, ID
                      (romaine)      O157:H7
----------------------------------------------------------------------
Oct. 2003-May 2004   Lettuce (mixed E. coli     57          1:CA
                      salad)         O157:H7
----------------------------------------------------------------------
Apr. 2004            Spinach        E. coli     16          1:CA
                                     O157:H7
----------------------------------------------------------------------
Sep. 2005            Lettuce        E. coli     32      3:MN, WI, OR
                      (romaine)      O157:H7
----------------------------------------------------------------------

*T

   The most recent major E. coli outbreak ties to leafy greens was
the Dole Spinach outbreak of 2006. This included 205 illnesses due to
E. coli O157:H7 reported the CDC. This number included 31 cases of
HUS, 102 hospitalizations, and 3 deaths. The FDA maintained its
conclusion that all the implicated spinach was traced back to Salinas
Valley in California.

   "We never seem to learn," said Mr. Marler. In November 2005, the
FDA elucidated its past efforts and present concerns in its "Letter to
California Firms that Grow, Pack, Process, or Ship Fresh and Fresh-Cut
Lettuce." The letter begins:

   "This letter is intended to make you aware of the Food and Drug
Administration's (FDA's) serious concern with the continuing outbreaks
of food borne illness associated with the consumption of fresh and
fresh-cut lettuce and other leafy greens."

   The FDA efforts to lead the lettuce industry to safer practices
were nothing new. In 1998, the FDA issued guidance to the industry
entitled "Guide to Minimize Microbial Food Safety Hazards for Fruits
and Vegetables." The guide is specifically designed to assist growers
and packers in the implementation of safer manufacturing practices. On
February 5, 2004, the FDA issued a letter to the lettuce and tomato
industries to "make them aware of (FDA's) concerns regarding
continuing outbreaks associated with these two commodities and to
encourage the industries to review their practices."

   BACKGROUND: Marler Clark has extensive experience representing
victims of E. coli bacterial infections. The firm has represented over
1,000 E. coli victims since 1993, when William Marler represented HUS
survivor Brianne Kiner in her $15.6 million E. coli settlement with
Jack in the Box. Since that time, Marler Clark has represented victims
of E. coli outbreaks traced to ConAgra, AFG, Cub Foods, Supervalu,
Carneco, Excel, Topps, Stop & Shop and other ground beef suppliers.

   (1) The CSPI Outbreak database can be found here:
http://www.cspinet.org/foodsafety/outbreak_report.html.

Marler Clark
William D. Marler, 1-206-794-5043
bmarler@marlerclark.com

Copyright Business Wire 2008



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