Fourth lawsuit filed against Chili's

The national law firm of Marler Clark has filed its fourth salmonella lawsuit against Brinker Restaurant Corp., owner of the now-closed Vernon Hills Chili's Grill & Bar.

The federal lawsuit was filed on behalf of Claude McDermott, who became seriously ill with a salmonella infection and suffered permanent injury after eating catered, take-out food from Chili's, according to Marler Clark attorney Denis Stearns.

Stearns said Thursday the "Chili's Party Platters" were served as part of a celebration at his place of work, a "celebration turned-bad that resulted in Claude and a host of co-workers falling ill."

The lawsuit, in addition to seeking compensation for past medical bills, and general damages for pain and suffering, seeks punitive damages, alleging Chili's "acted in a grossly negligent manner.
 

Bakery, Nut Distributor Announces Recall

Awrey Bakeries Inc. announced a recall of its Tropical Chocolate Cake, which contains diced almonds from a California-based almond grower, due to possible salmonella contamination.

Awrey Bakeries bought the almonds from Paramount Farms Inc. of California. The FDA has expanded a recall of Paramount's raw almonds to 13 million pounds because of the possibility of salmonella.

All the cakes were sold exclusively at the Michigan outlet store in Livonia between Nov. 11 and May 25. The cakes can be returned to the store for a full refund.

 

Salmonella fear leads to recall of paprika

Penzeys Spices is recalling its packages of Hungarian Half-Sharp Paprika, sold in Texas and elsewhere, because of the possibility of salmonella contamination.

The Brookfield, Wis., company said the recall involves 1,724 pounds of the spice sold since last August in a variety of sizes, according to the Associated Press.

The company distributes spices through mail order and Penzeys Spices stores in Texas, Connecticut, Florida, Illinois, Indiana, Kansas, Michigan, Minnesota, Missouri, Ohio, Pennsylvania and Wisconsin.

The company said no reports of illness have been received but the recall was initiated after routine testing by the state of Florida revealed the presence of salmonella in some 2.5-ounce jars of the paprika.

Production of the product has been suspended.
 

Chili's Grille in Vernon Hills closes suddenly

Brinker International, owner of the 968-unit Chili's Grille and Bar franchise, has informed the city of Vernon Hills, Illinois that the restaurant would not reopen nor would it be replaced by any of the other food and dining operations owned by the corporation.

The Dallas-based corporation with about 1,400 restaurants and sales exceeding $3 billion annually, recently announced the closing of 30 restaurants in the United States. The list of under-performing operations included the Vernon Hills Chili's.

John Kalmar, assistant village manager, speculated the widely reported health problems traced to a salmonella outbreak at Chili's last summer may have contributed to the decision not to replace the restaurant with one of its portfolio of dining concepts that include Romano's Macaroni Grill, Maggiano's Little Italy, Big Bowl Asian Kitchen, Rockfish Seafood Grill and the Corner Bakery.

The salmonella epidemic affected more than 300 persons who dined at the Vernon Hills restaurant between June 23 and July 1 in 2003. Chili's reopened July 11 after passing required health tests and after it underwent extensive cleaning and sanitizing and retraining of employees. No fines or other punitive action was taken because the restaurant acted in a cooperative manner after the bacterial health problems surfaced.

Brinker agreed to reimburse the county for $32,500 in expenses connected to the unusual costs for testing and staff training.
 

Kar Nut Products Company Recalls Various Almond Products Because of Possible Health Risk

Kar Nut Products Company of Ferndale, MI, is recalling various Kar Nut branded packages of mixes containing raw almonds because they have the potential to be contaminated with salmonella, according to a press release.

The recalled product was manufactured with almonds received from Paramount Farms and were distributed nationwide in vending machines and retail stores. This recall is in follow-up to a voluntary recall announced in mid-May by Paramount Farms of California of whole and diced raw almonds based on over 20 possible cases of illnesses associated with the almonds.

Production of the affected product has been suspended while the FDA and Paramount Farms continue their investigation as to the source of the problem.
 

Three Michigan companies recalling brown almonds because of possible salmonella

Three Michigan nut packagers have issued recalls of natural raw whole brown almonds because of possible salmonella contamination.

Variety Foods Inc. of Warren, Thrift Products Co. of Grand Rapids and Germack Pistachio Co. of Detroit, all repackage almonds grown in California for resale in Michigan and other states.

Variety Foods' recall affects products with the Pic-A-Nut and Sunray Food brand names. Thrift Products' recall affects Raw Whole Almonds and Almond Bits diced almonds packaged as Thrifty Nuts. Germack Pistachio's recall affects one-pound bags of almonds with the Germack Pistachio label.

The companies bought the almonds from Paramount Farms Inc. of California. The FDA has expanded a recall of Paramount's raw almonds to 13 million pounds because of the possibility of salmonella. Paramount said the FDA expanded the recall after learning of an additional illness in Michigan from three months ago. The FDA said it is aware of 18 cases of salmonella possibly related to the recalled almonds.
 

Tainted almonds prompt lawsuit

Attorney William Marler has filed a U.S. District Court lawsuit against Paramount Farms of California for a Kennewick family who ate tainted raw almonds in February.

The U.S. Food and Drug Administration issued a recall last week of 5 million pounds of the raw almonds after five cases of salmonella poisoning in which they were the common denominator were identified in Oregon.

Paramount Foods voluntarily expanded the recall Saturday to include 13 million pounds and eight other countries after investigators in other states uncovered more cases.

So far, 18 victims have been confirmed, but others are anticipated.

The Kennewick family bought raw almonds at a Costco store in January. Three of them became sick enough to need hospitalization. The youngest, a 9-month-old boy, is recovering slowly, according to the lawsuit.

The lawsuit contends Paramount Farms was negligent by not pasteurizing its product.
 

Almond recall grows; nut processor is sued

Marler Clark, a prominent Seattle food-safety law firm, filed suit against Kern County nut processor Paramount Farms, whose raw almonds are the target of a greatly expanded product recall.

The Food and Drug Administration says nuts potentially tainted by salmonella bacteria likely are in a wider array of packages and stores than first announced.

The FDA has tentatively linked 18 cases of food poisoning to raw almonds from Paramount Farms of Lost Hills in Kern County, the state's largest almond grower. Potentially related illnesses still are being investigated.

Paramount has expanded its recall to 13 million pounds from 5 million pounds. It also said that it immediately would start pasteurizing all almonds before they are shipped. Costco Wholesale Inc., who sells the nuts, mailed recall warnings to 780,000 members nationwide who bought almonds in recent months. They will also be alerting international customers who also may have tainted almonds. Some of the raw nuts were shipped to Mexico, Japan and six other countries.

Roasted, blanched, slivered and sliced almonds are not part of the recall because the processing kills bacteria.
 

Oregon Investigation Led to Paramount Almond Recall

Melissa Plantenga, who tracks food-borne diseases for the Oregon Department of Human Services, detected a pattern that would force Los Angeles-based Paramount Farms Inc., the nation's largest almond grower, to recall 13 million pounds of almonds over the last week, equivalent to about a quarter of its annual production.

Soon after the Department started receiving calls about illnesses, she, armed with a 400-question survey, started calling the five Oregon residents who had been stricken with salmonella poisoning, according to the Los Angeles Times.

By the third call, Platenga learned that the victims had all eaten shelled raw almonds purchased at a Costco Wholesale Corp. store. Costco's ability to use membership numbers to track every purchase helped confirm Plantenga's deduction.

After learning of the recall, Costco sent more than 1 million letters to customers who purchased the almonds asking them to return any remaining nuts, a Costco spokesman said.

Using Costco's data, investigators traced the nuts back to Paramount Farms.

California farmers supply about 80% of the world's almonds, up from 60% a decade ago, growth fueled in part by opening up new markets, such as India and Eastern Europe. The recall -- the largest ever of California almonds -- has roiled the state's $1.2-billion industry.

Paramount Farms has started to sterilize all its raw almonds with propylene oxide gas.

Doug Youngdahl of Blue Diamond said that some method of pasteurization or sterilization should become the industry standard for raw nuts.

It is a prudent move, he said, considering that the nuts are harvested by shaking the tree until they fall to the ground, where there can be microbes and other germs.

"No one wants to sell a product that makes the customer sick," Youngdahl said.
 

Family sues over recalled almonds

Scott and Shawnna Morris and their children ages 3 and 1 of Kennewick, Washington, are plaintiffs in a lawsuit alleging Shawnna Morris and the children were sickened by salmonella-contaminated almonds bought in January from a Costco store.

The lawsuit, filed in U.S. District Court in Spokane, alleges Los Angeles-based Paramount Farms sold contaminated almonds not fit for human consumption. The company had recalled raw almonds sold under Costco Wholesale Inc.'s Kirkland Signature brand, and under the Trader Joe's and Sunkist brands.

The almonds were linked to illnesses in Washington, Oregon, Alaska, Arizona and Utah, and other cases have emerged in Michigan, Tennessee, Massachusetts and possibly other states

Dave Babcock, an attorney with Seattle-based Marler Clark Attorneys at Law, is representing the Morrises.

The lawsuit seeks payment for medical expenses, lost wages and earning capacity and other damages to the Morris family.
 

Salmonella Risk Prompts Pork Rind Recall

Evans Food Products of Chicago, Illinois is recalling nearly 25,000 pounds of pork rinds because the pork rinds may be contaminated with salmonella.

The affected brand names are Old Dutch, Bac'n Puffs Brand; Original Oriental Delight; Better Made; Higglets; Simms; Hot & Spicy Flavored Pork Rinds; Salt & Vinegar as well as Barbecue Flavored Pork Rinds.

No illnesses have been reported.