2
Lettuce and Spinach
•
21 E. coli outbreaks
since 1995
–
•
At least 1,000 reported
illnesses and 7 deaths
Fresh or fresh-cut lettuce
or spinach implicated as
outbreak vehicle
•
3
8 outbreaks traced back
to produce from Salinas,
California
Recent E. coli Outbreaks
•
July
2002 – from
Produce
WA Dance Camp
–
–
•
–
4
several hospitalized, one
with life-long kidney damage
“Pre-washed” lettuce
September 2003 –
CA Restaurant
–
•
all three outbreaks came
from California’s Salinas Valley.
50 dance campers sickened,
40 patrons ill
Salads prepared with bagged,
“pre-washed” lettuce
October 2003 –
CA Retirement Center
–
13 residents sickened, 2 died
–
“Pre-washed” spinach
2005 Dole E. coli Outbreak
•
23 laboratory-confirmed
cases of E. coli O157:H7;
7 epi-linked cases
•
Sept. 16 to Sept. 30 onset
•
2 cases of HUS
5
•
Cases in MN, OR, and WI
•
Statistically associated
with eating Dole prepackaged lettuce
•
“Smoking Gun” – found in bag
FDA – “Adulterated” – 2005
•
FDA cited to research
linking some or all
of the outbreaks to
sewage exposure,
animal waste, and
other contaminated
water sources
“In light of continuing outbreaks associated with fresh
• and
FDA
considers
“adulterated”
any greens,
ready toparticularly
eat crops
fresh-cut
lettuce
and other leafy
produced
under we
unsanitary
conditions
§402(a)(4)
from California,
are issuing
this second
letter to
reiterate
our concerns
and to
stronglyAct
encourage firms in
of the Food,
Drug, and
Cosmetic
your industry to review their current operations.”
6
2006 Wendy’s E. coli Outbreak
7
•
Utah - June 2006
•
E. coli O21:H19 –
only 4 culture-positive
cases, although over 50
cases probable
•
3 HUS, 2 adult women,
1 with 30 days in
hospital, the other with
4 months of dialysis
•
Likely lettuce from
California
2006 Dole E. coli Outbreak
8
•
205 persons infected
with outbreak strain
of E. coli O157:H7
from 26 states
•
102 hospitalized
•
31 developed HUS
•
Five deaths
2006 Dole E. coli Outbreak
•
9
E. coli O157:H7
–
Isolated from 13 packages
of Dole spinach
–
“DNA fingerprints” of all 13
match the outbreak strain
of ill people
–
Same strain found on 1 of 4
farms that supplied spinach to
a single manufacturing facility
on a particular day - cow pies,
water source and wild pig gut
–
Other E. coli strains have
now been isolated –
human and bags
2006 Taco E. coli Outbreaks
•
10
At least 150 sickened
in 7 States
–
Dozens hospitalized
–
Several HUS cases
•
Two outbreaks
separated by a few
weeks
•
Different suppliers
and growers
•
Lettuce grown in
California
2006-2007 Peanut Butter Salmonella Outbreak
•
12
11
CDC Figures as of
June, 2007
–
714 culture-positive
illnesses from 44 states
–
71 hospitalized
–
Illnesses reported
2005 to late 2007
2006-2007 Peanut Butter Salmonella Outbreak
•
Marler Math
–
CDC estimates that
over 30 times the
number of confirmed
cases are never
reported. Likely
number of cases
from peanut butter:
30 x 714 = 21,420
12
Pot Pies

13
272 isolates of Salmonella
I 4,[5],12:i:- with an
indistinguishable genetic
fingerprint have been collected
from ill persons in 35 states.
To date, three of these
patients’ pot pies have yielded
Salmonella I 4,[5],12:i:isolates with a genetic
fingerprint indistinguishable
from the outbreak pattern
Hamburger – It’s Back
•
15
14
In 2007 - 21
recalls, ground
beef companies
have recalled
more than 33
million pounds
of E. coli
O157:H7contaminated
meat
Outbreaks Linked To Unpasteurized Milk
1994
1998
2001
2003
2005
2006
2006
2006
16
15
–
–
–
–
–
–
–
–
18 ill with E. coli O157:H7 – “pasteurized” milk
55 ill with E. coli O157:H7 – “fresh” cheese curds
75 ill with Campylobacter – raw milk
62 ill with Salmonella – raw milk
18 ill with E. coli O157:H7 – raw milk
6 ill with E. coli O157:H7 – raw milk
27 ill with Campylobacter – raw milk
2 ill with Campylobacter – raw milk
Civil Litigation - How it Works
17
16
•
Strict Liability
•
The only defense is
prevention
•
Wishful thinking
does not help
•
If you manufacture a
product that causes
someone to be sick
you are going to pay
What Will a Jury Think?
A Jury
18
17
=
12 Consumers
Questions?
See www.marlerblog.com
19
18