Salmonella Lawyer & Attorney : Marler Clark : Salmonella Blog

Vindy.com today reported on the resolution of one of the last Sheetz Salmonella cases that stemmed from the 2004 Salmonella outbreak traced to contaminated tomatoes.  According to the newspaper report:

Anslinger's case was notable because it was the vehicle for the complicated discovery process — the pretrial exchange of evidence — used to determine where the tomatoes originated, said Anslinger's attorney, William Marler.

The settlement terms are confidential, according to Sheetz attorney Gary Zimmerman and Marler, who represented more than 130 of the sickened customers.

In August, Blair County Judge Jolene Kopriva concluded that Altoona-based Sheetz and its vegetable wholesaler, Coronet Foods, could not pinpoint where the tainted tomatoes originated. So, Kopriva dismissed claims brought by Anslinger and other customers against two tomato suppliers and six farms or other businesses that may have grown the tomatoes.

The Sheetz Salmonella outbreak was not the only one traced back to contaminated tomatoes, as evidenced by the recent outbreak at Quizno's that was caused by consumption of tomatoes.   In addition:

• In 1990, a reported 174 Salmonella javiana illnesses, as part of a four state outbreak, were linked to raw tomatoes.
  
• In 1993, 84 reported cases of Salmonella Montevideo were part of a three state outbreak that was linked to raw tomatoes.
  
• In January 1999, Salmonella Baildon was recovered from 86 infected persons in eight states.
  
• In July 2002, an outbreak of Salmonella javiana occurred associated with attendance at the 2002 U.S. Transplant Games held in Orlando, Florida during late June of that year. Ultimately, the outbreak investigation identified 141 ill persons in 32 states who attended the games.
• During August and September 2002, a Salmonella Newport outbreak affected the East Coast. Ultimately, over 404 confirmed cases were identified, in over 22 states. Epidemiological analysis indicated that tomatoes were the most likely vehicle, and were traced back to the same tomato packing facility in the mid-Atlantic region. 
• In early July 2004, as many as 564 confirmed cases of salmonellosis associated with consumption of contaminated tomatoes purchased at Sheetz Convenience Store were reported in five states, Pennsylvania, Maryland, Ohio, West Virginia, and Virginia. Seventy percent were associated with tomatoes in food prepared at Sheetz convenience stores. 
• In 2006 two outbreaks of Salmonella-tainted tomatoes where reported by the FDA. According to Ms. Murphy, the Food & Drug Administration is now investigating two tomato-related outbreaks, with the latest blamed for nearly 100 illnesses in 19 states. FDA was already tracing tomatoes involved in another outbreak involving 183 people in 21 states. Federal authorities said that fresh tomatoes contaminated with Salmonella typhimurium served in restaurants were the likely cause of that outbreak.

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This week's food safety infosheet from the International Food Safety Network highlights a recent Salmonella outbreak that was traced to a Quizno's restaurant in Rochester, Minnesota.  From the infosheet:

Doug Schultz, spokesman for the Minnesota Department of Health was quoted as saying "We're still investigating the outbreak, and part of that investigation involves produce items being the likely vehicle for the contamination."

Tomatoes are suspected, but no definitive cause has been confirmed. The restaurant reopened after certification from Olmsted County Public Health.

Other Salmonella outbreaks have been traced to contaminated tomatoes.  In 2004, Sheetz convenience stores were the source of a Salmonella outbreak that resulted in hundreds of illnesses. 

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SEATTLE, WA (November 3, 2006) – The Centers for Disease Control and Prevention (CDC) announced today that at least 183 people in 18 states had been confirmed ill with Salmonellosis as part of a nation-wide outbreak of Salmonella typhimurium infections that has been traced to contaminated tomatoes. Twenty-two people were hospitalized during the outbreak, which peaked in September and is now over.

Bill Marler, a nationally recognized food safety advocate and attorney, called on the tomato industry to “clean up its act and make food safe.” Marler pointed to a February 2004 letter from the Food and Drug Administration’s Center for Food Safety and Applied Nutrition (FDA/CFSAN) that pointed to the FDA’s “concern regarding continuing outbreaks of foodborne illness associated with the consumption of fresh lettuce and fresh tomatoes, and actions we recommend that your industries take to enhance the safety of these products,”[1] and a May 2006 FDA/CFSAN publication of “Commodity specific food safety guidelines for the fresh tomato supply chain.”[2]

“This is the second large outbreak in two years that has come on the heels of FDA advice on how to prevent outbreaks among consumers of fresh tomatoes,” Marler said. In June and July 2004, over 400 people became ill with Salmonella infections after eating contaminated tomatoes served at Sheetz convenience stores in the Eastern United States.

“Clearly, the fresh tomato industry has not yet done enough to ensure the safety of its product.”

Marler has represented thousands of victims of foodborne illness outbreaks, including 93 victims of the most recent E. coli O157:H7 outbreak traced to contaminated spinach, 30 victims of a Salmonella outbreak traced to foods served at an Indiana Wal-Mart this summer, and 128 victims of the 2004 Sheetz Salmonella outbreak.

BACKGROUND: The attorneys at Marler Clark (www.MarlerClark.com) have extensive experience representing victims of foodborne illness. The firm has successfully represented victims of Salmonella poisoning related to contaminated sprouts, cantaloupe, cereal, orange juice, and other foods. The firm represented victims against Sun Orchard after the company’s orange juice was tied to a Salmonella outbreak. Marler Clark also settled the claims of victims who ate Salmonella-tainted pastries at Black Forrest bakery in Clinton Township, Michigan, and 70 victims of Salmonella poisoning at a country club in Rochester, New York. The firm represented 50 victims of the Chili’s Salmonella outbreak in Vernon Hills, Illinois, and has successfully represented over 1,000 victims of Salmonella poisoning in several other states. See also www.Salmonellablog.com and www.foodborneillness.com.

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Tomatoes served in restaurants were the source of a nationwide Salmonella outbreak, according to Investigators from the Centers for Disease Control and Prevention and the Food and Drug Administration.  The Salmonella outbreak resulted in 183 confirmed illnesses.  No one died in the outbreak, but 22 people were hospitalized.

According to an Associated Press article:

"We have identified tomatoes eaten in restaurants as the cause of this outbreak. We don't have any information that a name or a certain type of restaurant is involved. As far as we can tell, it's across the board," said Dr. Christopher Braden, a foodborne outbreak and surveillance expert with the CDC. . .

The cases of illness peaked in late September, leading officials to believe the outbreak is now over.

Alabama, Arkansas, Connecticut, Georgia, Indiana, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington and Wisconsin all reported confirmed cases of Salmonella that were part of the outbreak.  Canada also has confirmed two cases of Salmonella that match the outbreak strain.

In 2004, a Salmonella outbreak was traced to tomatoes served at Sheetz stores in the Eastern United States.  Over 400 people became ill with Salmonellosis as part of that outbreak.  Marler Clark settled the claims of 128 people who became ill with Salmonella infections as part of the outbreak.

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