Salmonella Legal Cases

On or about June 25, 2013, the Harris County Public Health & Environmental Services investigated a report of illness at Iguana Joes.  Iguana Joes was temporarily shut down due to “continued critical violations that put the public’s health at risk.”  The Harris County Public Health & Environmental Services linked a dozen people sick with Salmonella with seven being children.  The Harris County Public Health & Environmental Services found 27 violations in 1 inspection. Inspectors went back the next day and found another 29 violations. Two days later, they returned and recorded 24 violations and discarded 45 pounds of food. Harris County Public Health & Environmental Services returned the next day and identified another 27 violations.  Iguana Joes was then closed.

On or about June 18, 2013, Plaintiffs consumed a variety of food at Iguana Joes.  On or about June 21, 2013, Jalen became fussy and suffered a loss of appetite.  Later that day, and for the next several days, he became quite ill with a fever and diarrhea.  Justin and Regina cared for their son, keeping him as comfortable as possible and hydrated.  After a week of illness, his pediatrician, who ordered a stool culture, which eventually returned positive for Salmonella, saw Jalen.  Jalen continued to be ill over the next week as his parents continued to care for him.

Collaborative investigation efforts of state, local, and federal public health and regulatory agencies indicate that mangoes are a likely source of this outbreak.

On August 29, Splendid Products of Burlingame, California issued a voluntary recall of certain lots of Daniella brand mangoes because they may be contaminated with Salmonella bacteria.

On September 13, FDA placed Agricola Daniella on Import Alert. This means that Agricola Daniella mangoes will be denied admission into the United States unless the importer shows they are not contaminated with Salmonella, such as by using private laboratories to test the mangoes.

A total of 121 persons infected with the outbreak strain of Salmonella Braenderup have been reported from 15 states.

The number of ill persons identified in each state is as follows: California (93), Delaware (1), Hawaii (4), Idaho (1), Illinois (2), Maine (1), Michigan (1), Montana (1), Nebraska (1), New Jersey (1), New York (3), Oregon (1), Texas (2), Washington (8), and Wisconsin (1).

25 ill persons have been hospitalized. No deaths have been reported.

Salmonella:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Salmonella outbreaks. The Salmonella lawyers of Marler Clark have represented thousands of victims of Salmonella and other foodborne illness outbreaks and have recovered over $600 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Salmonella lawyers have litigated Salmonella cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, tomatoes, ground turkey, salami, sprouts, cereal, peanut butter, and food served in restaurants.  The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart. 

If you or a family member became ill with a Salmonella infection, including Reactive Arthritis or Irritable bowel syndrome (IBS), after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Salmonella attorneys for a free case evaluation.

Today the FDA and CDC announced that cantaloupe collected from Chamberlain Farms Produce, Inc., based in Owensville, Indiana, has tested positive for the Salmonella Typhimurium outbreak strain that has so far sickened 178 people from 21 states. The number of ill persons identified in each state is as follows: Alabama (13), Arkansas (3), California (2), Georgia (3), Illinois (21), Indiana (18), Iowa (7), Kentucky (56), Massachusetts (2), Michigan (6), Minnesota (4), Mississippi (5), Missouri (12), New Jersey (2), North Carolina (3), Ohio (4), Pennsylvania (2), South Carolina (3), Tennessee (6), Texas (2), and Wisconsin (4). 62 ill persons have been hospitalized. Two deaths have been reported in Kentucky.

FDA investigators were at the farm from August 14 to August 16 collecting samples from surface areas and from cantaloupe. So far joint investigations by state, local, and federal authorities point to cantaloupe from Chamberlain Farms as a source of the outbreak. According to earlier reports, officials were exploring other possible sources and whether other types of melon were involved. Earlier in the investigation, tests by Kentucky’s state public health lab found the outbreak strain in samples from two cantaloupes collected from a retail location. (see, past Cantaloupe Outbreaks)

The Mississippi State Department of Health (MSDH) reports that salmonella is no longer an ongoing risk to the public in Corinth, Miss.

As of today, a total of 59 patrons and employees of Don Julio Mexican Restaurant, 1901 Virginia Lane in Corinth, have had positive cultures confirming the presence of salmonella.

“Our investigation has shown that the incident does not appear to be a food producer or supplier issue,” said Northeast Mississippi District Health Officer Dr. Jessie R. Taylor. “It appears to be an isolated problem with this particular restaurant, and the restaurant is working closely with us to correct the problem.”

The restaurant will remain closed until an improvement plan is approved by the MSDH.

Area healthcare providers have been notified of the situation.

Screen Shot 2012-08-03 at 4.31.59 PM.pngOn April 2, 2012 Mecklenburg County Health Department (MCHD) received a complaint via the MCHD website of a foodborne illness thought to be linked to food prepared and served at Toast of Dilworth, a restaurant located at 2400 Park Road in Charlotte. The complainant, Brian McWherter, described a family gathering for brunch at the Toast of Dilworth on March 25. Four out of 6 family members became ill within 24 hours after the meal. Mr. McWherter was culture positive for Salmonella. MCHD staff person, Tyler Ashe, conducted the first of several on-site visits to the restaurant on April 3rd. At that time Toast of Dilworth owner, Brian Burchill, reported that several customers had recently called to report having a “viral illness” after eating at the restaurant. He provided Mr. Ashe contact information for ill customers who had called. During this visit, Mr. Ashe noted that raw egg batter was stored above ready-to-eat foods and that a spray bottle contained less than the 200 ppm quaternary ammonium solution required for sufficient sanitizing.

Later that day health investigators spoke to Mr. McWherter and other ill Toast of Dilworth customers identified through the list Mr. Burchill had provided. MCHD staff collected information about foods eaten at the restaurant and meal dates. Anecdotally, ill persons reported consuming egg dishes with hollandaise sauce with meal dates beginning the weekend of March 24-25. Tyler Ashe followed up with Toast of Dilworth chef, Julio Heras, requesting information about eggs used and how the hollandaise sauce prepared. Chef Heras described a sauce made with egg yolks and butter that on weekends was prepared ahead of time and hot held. These findings were shared with state health department officials during a late afternoon conference call and a foodborne illness outbreak was declared.

Health investigators conducted a case/control study of Toast of Dilworth patrons. In total 30 persons were identified as having symptoms. Nine patients were laboratory confirmed with Salmonella serotype Enteriditis. Ill persons included in the case/control study reported eating at the Toast of Dilworth on March 25, 2012. Foods statistically associated with illness included eggs (Odds Ratio 20.0, 95% Confidence Interval 2.0-170.0), undercooked eggs (Odds Ratio 35.0, 95% Confidence Interval 7.0-176.0), and hollandaise sauce (Odds Ratio 115.00, 95% Confidence Interval 7.0-176.0). The majority of persons experienced symptom onset on March 26. Eventually MCHD staff identified ill Toast of Dilworth customers who ate at the restaurant through March 28.

A thorough on-site investigation was conducted by Mr. Ashe and MCHD registered sanitarian, Amy Michelone on April 4, 2012. They discovered there were critical food safety violations that likely led to a foodborne illness outbreak at the Toast of Dilworth. Customers ordered and were served undercooked unpasteurized eggs such as “soft” poached eggs. Hollandaise sauce was made with unpasteurized egg yolks and held at room temperature for several hours. Multiple foods in the “low boy prep refrigerator” were held at or above 41o F, exceeding regulations specified in the FDA Food Code. Cooks were not using a thermometer to determine the final temperatures of food items on a regular basis, relying instead on visual clues to determine doneness. Mr. Ashe and Ms. Michelone conducted a follow-up visit on April 11, 2012 and verified that all violations were corrected. Notably, the Toast of Dilworth began using pasteurized eggs for all egg-containing food items. See Attachment XX, Mecklenburg County Health Department Summary of Case-Control Study Findings”

The CDC reports a total of 390 persons infected with the outbreak strains of Salmonella Bareilly (376 persons) or Salmonella Nchanga (14 persons) have been reported from 27 states and the District of Columbia. Illness onset dates range from January 1, 2012 to June 3, 2012.

 376 persons infected with the outbreak strain of Salmonella Bareilly have been reported from 27 states and the District of Columbia. The number of ill persons with the outbreak strain of Salmonella Bareilly identified in each state is as follows: Alabama (4), Arkansas (1), California (7), Colorado (1), Connecticut (11), District of Columbia (3), Florida (1), Georgia (18), Illinois (29), Indiana (1), Kansas (1), Louisiana (6), Massachusetts (36), Maryland (39), Missouri (4), Mississippi (2), Nebraska (2), New Jersey (35), New York (58), North Carolina (12), Pennsylvania (34), Rhode Island (6), South Carolina (4), Tennessee (4), Texas (13), Virginia (22), Vermont (1), and Wisconsin (21).

14 persons infected with the outbreak strain of Salmonella Nchanga have been reported from 7 states. The number of ill persons with the outbreak strain of Salmonella Nchanga identified in each state is as follows: Georgia (2), Maryland (1), New Jersey (2), New York (6), Texas (1), Virginia (1), and Wisconsin (1).

47 ill persons have been hospitalized, and no deaths have been reported.

Collaborative investigation efforts of state, local, and federal public health agencies indicate that a frozen raw yellowfin tuna product, known as Nakaochi Scrape, from Moon Marine USA Corporation is the likely source of this outbreak.

Consumers should not eat the recalled product, and retailers should not serve the recalled raw Nakaochi Scrape tuna product from Moon Marine USA Corporation.

Laboratory testing conducted by state public health laboratories in Connecticut, Maryland, Massachusetts, Pennsylvania, South Carolina, and Wisconsin has isolated Salmonella from 53 (96%) of 55 samples taken from intact packages of frozen yellow fin tuna scrape from Moon Marine USA Corporation or from sushi prepared with the implicated scrape tuna product.

The numbers of new cases have declined substantially since the peak in April 2012. The outbreak may continue at a low level for the next several months since some food establishments may be unaware that they received recalled product and continue to serve this frozen raw yellowfin tuna product, which has a long shelf-life.

In May, 2012, Buncombe County health officials and the North Carolina Department of Agriculture & Consumer Services linked Salmonella Paratyphi B outbreak to unpasteurized tempeh produced by Smiling Hara Tempeh. Officials determined the source of the outbreak to be imported starter culture that was used as an ingredient in the tempeh and was provided by Tempeh Online (also known as Indonesianfoodmart.com), a Rockville, Maryland company. Since the announcement of the outbreak, at least 88 people have been confirmed part of the Salmonella paratyphi B outbreak, and Tempeh Online has shut down its websites.

According to a complaint filed in North Carolina District Court in Asheville (#1:12-cv-152), Mary Ann Hurtado, a Jacksonville, Florida resident, was on vacation with her husband in Asheville when she consumed contaminated tempeh on March 19. Approximately 48 hours later, she began experiencing abdominal cramps. Her symptoms quickly escalated, and by March 23 included uncontrollable shaking, headache, vomiting, diarrhea, and worsening cramps. Despite her illness, Mrs. Hurtado, a registered nurse, returned to Jacksonville the next day where she continued to attempt self-care at home. By March 25, however, she could barely walk and was rushed to the emergency room where she was eventually admitted to the hospital for three days of treatment. A stool sample secured after her admission would be sent to health officials for testing. Though still ailing from symptoms, she attempted to return to work on March 30. On April 2, Mrs. Hurtado was informed by Duval County Health in Florida of her positive test for Salmonella paratyphi B and directed to cease all patient contact at her place of work.

A total of 22 individuals infected with the outbreak strain of Salmonella Infantis have been reported. Twenty ill persons have been reported from 13 states and two ill persons have been reported from Canada. The number of ill persons identified in each state is as follows: Alabama (2), California (1), Connecticut (1), Illinois (1), Michigan (1), Missouri (3), North Carolina (3), New Jersey (1), New York (1), Ohio (2), Pennsylvania (2), South Carolina (1) and Virginia (1).

Among the 17 patients with available information, 6 (35%) were hospitalized. No deaths have been reported.

Multiple brands of dry dog food produced by Diamond Pet Foods at a single manufacturing facility in South Carolina have been linked to some of the human Salmonella infections.  Consumers should check their homes for recalled pet food products and discard them promptly. People who think they might have become ill after contact with dry pet food or with an animal that has eaten dry pet food should consult their health care providers.

Salmonella:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Salmonella outbreaks. The Salmonella lawyers of Marler Clark have represented thousands of victims of Salmonella and other foodborne illness outbreaks and have recovered over $600 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Salmonella lawyers have litigated Salmonella cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, tomatoes, ground turkey, salami, sprouts, cereal, peanut butter, and food served in restaurants.  The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart. 

If you or a family member became ill with a Salmonella infection, including Reactive Arthritis or Irritable bowel syndrome (IBS), after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Salmonella attorneys for a free case evaluation.

A total of 316 individuals infected with the outbreak strains of Salmonella Bareilly or Salmonella Nchanga have been reported from 26 states and the District of Columbia. The 58 new cases are from Alabama (1), California (2), Colorado (1), Georgia (3), Illinois (4), Indiana (1), Louisiana (1), Maryland (3), Massachusetts (6), New Jersey (1), New York (10), North Carolina (6), Pennsylvania (5), Tennessee (2), Texas (3), Virginia (6), and Wisconsin (3).

Three hundred and four persons infected with the outbreak strain of Salmonella Bareilly have been reported from 26 states and the District of Columbia. The number of ill persons with the outbreak strain of Salmonella Bareilly identified in each state is as follows: Alabama (3), Arkansas (1), California (4), Colorado (1), Connecticut (9), District of Columbia (2), Florida (1), Georgia (13), Illinois (27), Indiana (1), Louisiana (4), Maryland (27), Massachusetts (33), Mississippi (2), Missouri (4), Nebraska (1), New Jersey (26), New York (48), North Carolina (10), Pennsylvania (25), Rhode Island (6), South Carolina (3), Tennessee (4), Texas (7), Virginia (22), Vermont (1), and Wisconsin (19).

Twelve persons infected with the outbreak strain of Salmonella Nchanga have been reported from 5 states. The number of ill persons with the outbreak strain of Salmonella Nchanga identified in each state is as follows: Georgia (2), New Jersey (2), New York (6), Virginia (1), and Wisconsin (1).

Among 316 persons for whom information is available, illness onset dates range from January 28 to May 3, 2012. Ill persons range in age from <1 to 86 years, with a median age of 30. Fifty-nine percent of patients are female. Among 217 persons with available information, 37 (17%) reported being hospitalized. No deaths have been reported.

A total of 100 persons infected with the outbreak strain of Salmonella Bareilly have been reported from 19 states and the District of Columbia.

The number of ill persons identified in each state is as follows: Alabama (2), Arkansas (1), Connecticut (5), District of Columbia (2), Georgia (4), Illinois (9), Louisiana (2), Maryland (10), Massachusetts (4), Mississippi (1), Missouri (1), New Jersey (7), New York (23), North Carolina (2), Pennsylvania (3), Rhode Island (4), South Carolina (3), Texas (3), Virginia (5), and Wisconsin (9). 10 ill persons have been hospitalized.

Many of the ill persons reported consuming sushi, sashimi, or similar foods in a variety of locations in the week before becoming ill.  Past sushi outbreak in the U.S.: