Pine Nut Salmonella Lawsuit Filed, Again

Screen Shot 2011-12-19 at 8.44.53 PM.pngA Salmonella lawsuit was filed today on behalf of a Webster, New York woman and her child against New Jersey-based pine nut importer Sunrise Commodities. This is the fourth lawsuit the law firms have filed against the company.

According to a complaint (#11CV6618) filed in U.S. District Court in Rochester, Laurie Neff fell ill on October 21, 2011, days after consuming Turkish pine nuts purchased from a Wegmans Food Mart in Webster, New York. For ten days Miss Neff sustained gastrointestinal symptoms and on November 7 her child also began experiencing similar symptoms that worsened until the child was taken to the emergency room on November 10. Lab testing later showed that the child tested positive for Salmonella. The lawsuit alleges the Salmonella infection and related injuries suffered by the child were results of either consumption of pine nuts or her exposure to Miss Neff after she became infected with Salmonella after eating contaminated pine nuts.

Chicago's El Gran Burrito Sued in Salmonella Outbreak

Screen Shot 2011-12-19 at 8.37.48 PM.pngA Salmonella lawsuit was filed on Wednesday against a Chicago El Gran Burrito restaurant. This is the second lawsuit filed by the law firm against El Gran Burrito on behalf of Salmonella victims.

In July of 2011, City of Chicago Public Health Officials along with the Illinois Department of Public Health linked a 30-person Salmonella Newport outbreak to an El Gran Burrito restaurant located on Roosevelt and Pulaski Rd.

According to a complaint (#2011L013598) filed in Cook County Circuit Court, Sabrina Slaughter purchased and consumed steak tacos from El Gran Burrito on July 7, 2011 and began experiencing gastrointestinal symptoms including cramping, diarrhea, and vomiting the next day. She attempted to fight the symptoms over the ensuing days but they worsened until she was taken to the emergency room on July 11 where tests revealed that her kidneys had failed due to dehydration brought on by intense vomiting and diarrhea. Her blood samples also tested positive for the same strain of Salmonella Newport associated with the El Gran Burrito outbreak.

Salmonella Pine Nut Lawsuit Filed in New York by Marler Clark

Veronika Waterbury was helping her mother cook dinner over Labor Day weekend. They made pesto sauce, using pine nuts. Veronika also munched on the nuts as they cooked.

Then she ate the leftovers the next day. Within hours, she became violently ill.

Twice, the 16-year-old was treated in the Emergency Room for extreme pain, shakiness and dehydration. She lost weight. The sight of food made her physically ill.

A few days later tests revealed she had Salmonella. The leftover pesto sauce also tested positive for the bacteria.

But it was only after a massive recall of the pine nuts that Veronika and her mother learned their illnesses were linked to the tainted nuts.

Now they are suing the New Jersey Company that supplied the turkish pine nuts. They are asking for $75,000 in damages, for pain and suffering and medical costs.

Their lawyer, Paul Nunes, of Underberg and Kessler Attorneys, says this is about accountibility. He says the company that supplied the tainted pine nuts needs to pay for the negligence that caused these illnesses.

Veronika says she was on pain medication for weeks and still is cautious whenever she eats anything.

There are 20 known cases of Salmonella in Monroe County, linked to the turkish pine nuts.

Rochester New York Student Sues Salmonella Pine Nut Provider

A St. John Fisher College student is suing a Delaware company over tainted pine nuts.

Sean McGuirk says he ate pasta with pine nuts in it back in August. By September, he was sick with salmonella illness and hospitalized. He was notified by health officials that it was because he ate tainted pine nuts.

McGuirk is suing American Pistachio Corporation.

Wegmans recalled 5,000 pounds of bulk Turkish pine nuts last month.

Forty-three people were sickened in five states by the nuts. Twenty people got were sickened in Monroe County.

Salmonella Heidelberg Infections Linked to "Kosher Broiled Chicken Livers"

According to the CDC, in August 2011, CDC identified a sustained increase in the number of Salmonella Heidelberg isolates with the outbreak strain reported to PulseNet from New York and New Jersey. From April 1 to November 4, 2011, a total of 157 illnesses were reported in New York (93 cases) and New Jersey (64 cases).

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However, according to CIDRAP and efoodalert the numbers of ill and the states involved are different:

• 89 cases in New York State

• 64 cases in New Jersey

• Maryland health officials have received reports of nine cases linked to the outbreak, including seven adults and two children

• The Pennsylvania Department of Health (PDH) has confirmed seven outbreak-related cases that occurred from April through August

• Minnesota one

Let the counting begin.

Marler Clark Files First Pine Nut Salmonella Lawsuit in New York

The Salmonella attorneys of Marler Clark, the nation's leading law firm dedicated to representing victims of foodborne illness outbreaks, have filed a Salmonella lawsuit on behalf of a Rochester, New York man who was made ill after consuming Turkish pine nuts imported by Delaware-based American Pistachio Corp. The law firm is working in conjunction with the Rochester, New York-based law firm Underberg & Kessler.

According to the complaint (#11CV6561) which was filed in New York Federal District Court, college student Sean McGuirk consumed a pasta meal made with Turkish pine nuts on August 28, 2011. By September 3, he had developed gastrointestinal symptoms indicative of a Salmonella illness. Over the next week, Mr. McGuirk's symptoms worsened, resulting in his missing class at St. John Fisher College. By September 9, he was taken to Strong Memorial Hospital where he underwent treatment until he was discharged on September 11. The Mr. McGuirk was notified by health officials that his illness was part of a Salmonella outbreak linked to imported Turkish pine nuts.

“While food companies need to ensure the safety of all the products they sell, producers and distributers should be especially vigilant when it comes to ready-to-eat foods such as pine nuts,” said McGuirk's attorney, William Marler. “I am hopeful that American Pistachio will address this issue directly and proactively by not only making sure that the victims of this outbreak are compensated for their medical expenses, but by reevaluating their food safety procedures for the future.”

On October 27, Wegmans Food Markets recalled 5,000 pounds of pine nuts when the Centers for Disease Control and Prevention (CDC) announced that Turkish pine nuts sold in the grocery stores' bulk bins were linked to a Salmonella Heidelberg outbreak that had sickened 42 people in five states. On November 4, the US Food and Drug Administration issued a warning to consumers not to eat Turkish pine nuts imported by New Jersey-based Sunrise Commodities. Sunrise Commodities is a name under which American Pistachio Corp. does business.

Cargill Salmonella Ground Turkey Toll Talley

A total of 129 persons infected with the outbreak strain of Salmonella Heidelberg have been reported from 34 states.

Collaborative investigative efforts of state, local, and federal public health and regulatory agencies indicate that ground turkey is the likely source of this outbreak.

Contaminated ground turkey is being recalled from grocery stores but may still be in consumers' homes.

Consumers should check their homes for recalled ground turkey products and not eat them; restaurant and food service operators should not serve them.

The outbreak strain of Salmonella Heidelberg is resistant to several commonly prescribed antibiotics. This antibiotic resistance may be associated with an increased risk of hospitalization or possible treatment failure in infected individuals.

Timeline of Events: Multistate Outbreak of Salmonella Heidelberg Infections Associated with Ground Turkey—United States, 2011:

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Evergreen Produce - Sprout farm owner says there is no proof Salmonella came from her business

It will be interesting to see what happens - will or will not the FDA force a recall?

FDA Inspection of Sprouter's Northwest finds reasons for Salmonella Outbreak

Seven people in Oregon and Washington became ill with Salmonella in January after eating the Sprouter’s Northwest clover sprouts. The company subsequently recalled all its sprouts. A few days ago the FDA released 483 Inspection Report of the Sprouter’s Northwest facility.

Screen shot 2011-01-30 at 9.53.00 PM.pngFailure to take necessary precautions to protect against contamination of food and food contact surfaces with microorganisms and foreign substances. Listeria monocytogenes was found on the surface of a stainless steel table in the packing room, according to the report. The raw sprouts were stored in unlined plastic crates so the sprouts at the bottom were in contact with pallets and other totes, which previously had been in contact with the floor.

Failure to clean food-contact surfaces as frequently as necessary to protect against contamination of food. Food debris and residue was found in the hard-to-clean areas in and around the conveyor belt and sprouts that passed along and got briefly stuck in these areas could fall back into the rinse tank. Inspectors said it appeared that equipment and fixtures in the seed disinfection room were not cleaned between use.

Failure to clean non-food-contact surfaces of equipment as frequently as necessary to protect against contamination. Listeria seeligeri was detected on the surface of a brown mass of old, thick food grime on a cross-support place at the top of the rinse incline belt, the report stated.

Effective measures are not being taken to protect against contamination of food on the premises by pests. Inspectors said gaps at the bottom of a door and along the roof line could allow pests access to the facility. They said they found rodent excreta pellets in the warehouse and noted that the processing room was accessible from the warehouse.

Failure to properly store equipment, remove litter and waste, and cut weeds or grass that may constitute an attractant, breeding place or harborage area for pests, within the immediate vicinity of the plant, building, or structures.

Failure to maintain buildings, fixtures, or other physical structures in a sanitary condition

Failure to hold raw materials in bulk or suitable containers so as to protect against contamination.

Four to five bags partially filled with seed were stored open or not tightly wrapped inside the warehouse, the inspectors reported.

Marler Clark Files Salmonella Lawsuit on Behalf of Son after Mother's Death

The family of Shirley Almer, one of nine people who died after consuming products made with Salmonella-contaminated peanuts produced by Peanut Corporation of America, filed a lawsuit against Kanan Enterprises of Solon, Ohio, maker of King Nut peanut butter, last week. The lawsuit, which was filed by Almer’s son, Jeffrey Almer and his attorneys at the Seattle-based food safety law firm Marler Clark, was filed in U.S. District Court in Minnesota (Case number 0:10-cv-04783-MJD –JSM).

“King Nut had a responsibility to Mrs. Almer, her family, and anyone else eating King Nut peanut butter to produce a safe product. That responsibility involves ensuring suppliers are providing unadulterated ingredients”

According to the complaint, Shirley Mae Almer consumed a peanut butter-based product manufactured by King Nut in 2008 when she was a resident of the Good Samaritan Society – Bethany Rehabilitation Center in Brainerd, Minnesota. On December 12, 2008 Ms. Almer began to suffer gastrointestinal pains. Over the next several days her condition worsened, and she was hospitalized. Ms. Almer was pronounced dead by causes related to a Salmonella infection December 21. Weeks later, the Minnesota Department of Agriculture issued a product safety advisory based on positive tests for Salmonella in a King Nut container of peanut butter. The next day King Nut voluntarily recalled all of its peanut butter products made with Peanut Corporation of America (PCA) products for potential Salmonella contamination.

“King Nut had a responsibility to Mrs. Almer, her family, and anyone else eating King Nut peanut butter to produce a safe product. That responsibility involves ensuring suppliers are providing unadulterated ingredients,” said Bill Marler, attorney for the Almer family.

King Nut was one of hundreds of companies that recalled products made with Salmonella-contaminated peanuts purchased from the now defunct PCA. The Centers for Disease Control and Prevention attributed 714 cases of illness and 9 deaths to PCA products.