Illinois Injury Lawyer Blog

Every Chicago personal injury attorney knows that corporations who manufacture food products have a duty to consumers to ensure that products they sell to the public are safe for human consumption. Ideally, foods should be tested extensively before being put on the market. However, when infected, or unsafe foodstuffs are sold to consumers, and those foods cause injury, the companies may be held liable for the damages caused by those injuries, and an Illinois personal injury lawsuit may arise.

According to MSNBC, Organic Pastures Dairy Company, a popular American dairy corporation is currently under quarantine because its raw milk products were recalled after milk infected with E. Coli sent three children to the hospital. The company otherwise sells 2,400 gallons of raw milk per day, but will stay under quarantine until it is found to have met all state sanitation requirements.

Often, before milk is marketed to consumers, it undergoes a process known as pasteurization, which involves heating milk to 161 degrees Fahrenheit for 15 seconds for the purpose of sanitizing the milk. Although the Centers for Disease control and Prevention, and the U.S. Food and Drug Administration say that pathogens from raw milk make it unsafe for people to consume, some organizations argue that, because farm sanitation has greatly improved, raw milk can now be produced hygienically.

In fact, 28 U.S. States currently do not prohibit the sales of raw milk. Proponents of raw milk claim that, in addition to killing off the dangerous bacteria in the milk, pasteurization also removes some of the natural nutrients. Nevertheless, most government agencies and public health organizations require that milk be pasteurized in order to be considered safely drinkable.

In this particular case, the contaminated milk was infected with Escherichia Coli (commonly abbreviated E. Coli), a bacterium that is found in the lower intestines of warm-blooded animals. When E. Coli is outside of the body – often polluting food by way of fecal contamination – some strains have the potential to cause serious food poisoning in humans.

According to 2010 estimates by the Centers for Disease Control and Prevention, each year roughly 48 million people are sickened by a foodborne illness; of those, over 125,000 people require hospitalization and 3,000 die after consuming contaminated fruits, vegetables, meats, nuts and processed foods in their homes or in restaurants. Virulent strains of E. Coli can lead to serious infection, and more potent strains may even cause death.

According to MSNBC, the three children sickened by the milk in this particular case were hospitalized with a condition that may lead to kidney failure. If investigations link the disease back to the milk produced by Organic Pastures, the company could be held legally liable for the costs of the medical and hospital bills, as well as damages from the pain and suffering the children endured.

Illnesses from food poisoning have the potential to be devastating and life altering. A doctor will be able to diagnose if you have been infected by contaminated food. Additionally, a personal injury attorney may be able to advise you of your rights under the law; if you were sickened by disease-ridden food, either from a retail store or restaurant, you may be entitled to compensation for your injuries.

Our Illinois personal injury attorneys have extensive experience representing clients in similar cases, including having won a $4 million settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.

Although the U.S. Food and Drug Administration is waiting for the results of tests conducted on a batch of powdered infant formula, Wal-Mart has voluntarily removed the product from the shelves in more that 3,000 stores across the country after a newborn baby who consumed the product died from a rare infection.

According to the Associated Press, within the last month a second infant fell ill after consuming the powdered baby formula, but that child recovered, state health officials said. Still, the potential for infection is frightening.

"We decided it was best to remove the product until we learn more," said Wal-Mart spokeswoman Dianna Gee. The corporation manufacturing the formula is Mead Johnson Nutrition, a company based out of Chicago suburb, Glenview, Illinois. In 2009, Mead Johnson reported global sales of $2.83 billion, largely stemming from its flagship product Enfamil. The product is not exclusive to Wal-Mart.

The bacterium allegedly infecting the Enfamil baby formula is one known as Cronobacter sakazakii, a strain of Enterobacter sakazakii, that has been known to cause invasive infections, such as meningitis and necrotizing enterocolitis. Enterobacter sakazakii has enormous case fatality rates, ranging from 40-80% depending on the source of contamination, and the victim infected. Infants are at an especially high risk for serious injuries associated with food poisoning.

Corporations that manufacture products to be marketed to the public are responsible for ensuring the safety of those products. When the companies fail to do so, and a dangerous, defective, or contaminated product causes death to a consumer such as in this case, the company may be subject to a Chicago wrongful death lawsuit.

Said the Associated Press, public health officials will look at the formula itself, as well as the water used in preparing it and at anything else the baby might have ingested. If it is found that the powdered formula was the source of infection, Mead Johnson Nutrition could be required to pay damages in the form of compensation for loss of companionship and emotional agony, to the baby’s parents.

Fortunately these particular types of illnesses are rare. The Associated Press reports that only 2-3 cases a year arise in infants worldwide. Nevertheless, even one Illinois wrongful death case involving a child is one too many, and companies should take precautions to prevent these types of situations from happening in the future.

The baby in this case died this past Sunday at a hospital, after having been removed from life support. While the results of the tests on the formula are still pending, parents are advised to follow safety guidelines for preparing powdered infant formula, including washing hands, sterilizing all feeding equipment in hot, soapy water and preparing enough formula for only one feeding at a time. Additionally, customers who bought the Enfamil formula in 12.5-ounce cans with the lot number ZP1K7G have the option of returning them for a refund or exchange.

Consumers have the right to purchase products from retail stores without having to fear that the merchandise is unreasonably dangerous. Special laws are in place to protect customers, and our Chicago personal injury attorneys have handled a number of these types of cases, including having obtained a $4 million settlement awarded to three attendees at a national convention who contracted salmonella poisoning, leading to crippling arthritic injuries.

Our Illinois personal injury attorneys were interested to read an article published by MSNBC detailing the first wave of settlements that have been obtained against Wright County Egg, an egg production corporation whose consumers fell victim to extreme salmonella poisoning as a result of consuming Wright County Egg products.

Wright County Egg, as a company, is one of the top ten egg producers in the United States. The corporation used to be run under the name DeCoster Egg Farms, and this is not the company’s first brush with the law. In the 1990s, the business faced litigation based on having hired illegal immigrant workers, and in 2010, company executives pleaded guilty to animal cruelty charges after it was found that the egg-laying hens were forced to endure inhumane conditions. Additionally, later in 2010, the company recalled 380 million eggs due to salmonella contamination; this latest infraction gave rise to dozens of personal injury lawsuits.

Salmonella contamination can arise from a number of sources, but commonly comes from such sources as infected food, poor kitchen hygiene, bodily fluids from sick individuals, and polluted water. Typical symptoms of Salmonella poisoning generally present in the form of diarrhea, abdominal cramps and fever within six to 72 hours of eating contaminated food. In more serious cases, victims may develop symptoms such as headaches, nausea and vomiting that can last up to a week.

Salmonella itself is a form of bacteria generally found in the intestines of cold- and warm-blooded animals. Infections usually arise following consumption of foods contaminated with the bacteria. Although all persons are at risk for developing salmonella poisoning, infants, the elderly, and adults with compromised or weakened immune systems are more susceptible to infection.

During an investigation into the contamination, investigators fond salmonella infection at the farm, as well as dead chickens, insects, rodents, towers of manure and other filthy conditions. According to MSNBC, a subsequent congressional investigation revealed that Wright County Egg's testing found salmonella samples more than 400 times between 2008 and 2010.

Corporations that manufacture and distribute food products to the public have an obligation to ensure that those products are free from hazard or contamination. When infected food reaches consumers and causes injury, illness, or death, the companies may be held legally responsible for the damages cause. These types of situations give rise to Illinois food poisoning lawsuits.

Following the lawsuits in this case, many consumers will be receiving compensation for the injuries they suffered after having eaten Wright County’s contaminated eggs. Settlement agreements have been reached with approximately 40 victims of salmonella poisoning, and the payouts are coming from the company’s insurer, Selective Insurance.

Although details of individual settlements are confidential, details of three of the agreements became public when a Federal judge in Iowa totaling $366,000 for children who had to be hospitalized as a result of the foodborne illness. The settlements are intended to cover costs of medical bills, legal fees, and money for the children’s pain and suffering. Settlements involving children required approval by a federal judge because of the children’s minor status, which is why details of the agreements became available to the public.

Federal officials speculate that more than 1,900 people became ill after consuming eggs produced by Wright County Egg, as well as eggs sold by Hillandale Farms, who purchased chickens and feed from Wright County Egg. This first wave of personal injury settlements represents only a fraction of the victims, and therefore do not end the legal problems for Wright County Egg.

Our Illinois personal injury lawyers have extensive experience handling cases involving foodborne illnesses. In fact, our attorneys won a $4 million settlement awarded to three attendees at a national convention who contracted salmonella poisoning, leading to crippling arthritic injuries.

If you or a loved one have suffered injury as a result of a foodborne illness, see a doctor immediately. Once a doctor has diagnosed your illness and provided appropriate treatment, you may consider the fact that if the food poisoning was one caused by either food from a restaurant or sold at a grocery store, you may be entitled to compensation for your injuries under the law.

Although ostensibly unrelated, our Chicago personal injury attorneys were concerned to read that a number of food products have just been recalled by the U.S. Food and Drug Administration because of contamination by Listeria Monocytogenes. The foods are produced by a number of different manufacturers and companies but the risks of foodborne illnesses are the same across the board.

Manufacturers of all types of consumer goods are responsible for ensuring that the products they distribute to the public are safe for human use; this is even truer with regard to corporations that produce foods, because food products must undergo extensive testing to ensure that they are safe for human consumption. When dangerous or defective products cause injuries, illnesses, or death – in this case, contaminated food – an Illinois personal injury lawsuit may arise, and the corporations who manufacture the products may be held legally responsible for the injuries that result.

Our Chicago personal injury attorneys know the risks: In 2010, the Centers for Disease Control and Prevention released a report estimating that each year roughly 48 million people are sickened by a foodborne illness. Of those, 125,000 require hospitalization and 3,000 die after consuming contaminated foods purchased from retail stores or restaurants.

Listeria Monocytogenes is a potentially deadly type of food poisoning bacteria that causes a condition called Listerosis. Listeriosis affects mainly pregnant women, newborns, the elderly, and adults with lowered immune system, and when pregnant women are infected with Listeria Monocytogenes the infection can result in premature delivery, miscarriages, or stillbirth. Additionally, if a pregnant woman is exposed to contaminated food during pregnancy, the child can be born with Listeriosis.

According to a report published by the University of Wisconsin-Madison Department of Biology, though Lysteria is a fairly uncommon disease, when a severe form of the infection takes hold, the case fatality rate may approach as much as 25% (Salmonella poisoning, in comparison, has a mortality rate estimated at less than 1%).

Symptoms of Listerosis include fever, muscle aches, nausea, diarrhea, and other flu-like symptoms. If the bacteria are allowed to spread to the central nervous system, the individual may experience symptoms such as headache, stiff neck, confusion, loss of balance, or even convulsions.

The FDA recalled Flying Food Group’s Turkey Quarter Pounder sandwiches and Turkey Quarter Pounder sandwiches with Tomatoes because of infection. Additionally, Fair Oaks Dairy has also recalled half pound retail packaged cheeses and cheese gift boxes produced under the Fair Oaks Farms Fine Cheese label due to Listeria contamination; that particular recall especially affects products distributed in Illinois. The Golden Glen Creamery also voluntarily recalled butter distributed to Whole Foods Markets across the country. In addition, Flowers Foods, an American producer and marketer of packaged bakery foods has pulled loaves of its Nature's Own Butterbread from shelves due to Listeria infection. Moreover, both King & Prince Seafood Corporation and TransOcean Products, Inc. have recalled contaminated Salmon products. These products have the potential to cause serious harm to customers, and if infections or death do occur, the companies may be held liable.

Each of these products was manufactured by a different corporation and at a different facility, but each has the potential to be extremely harmful to consumers. The fact that so many separate outbreaks of Listeria occurred in such a short time is an enormous cause for concern. If you have purchased any of these products, throw them away immediately, or return them to a retail store for a full refund.

A doctor will be able to diagnose if you have been infected with Listeria, and if caught in time, Listerosis is treatable. However, special laws are in place to protect consumers from dangerous or defective products, and an attorney may be able to advise you of your rights under the law.

A few days ago, our Illinois personal injury attorneys contemplated the abject horror of a situation in which moldy applesauce was reprocessed and repackaged for sale to consumers. Following these findings by the FDA, reports have surfaced that Snokist, the liable food manufacturer of applesauce, isn’t the only company engaging in this kind of behavior.

Our Chicago personal injury attorneys were very concerned to hear that, according to MSNBC, “reworking” imperfect, mislabeled and even contaminated foods into edible goods to be sold to consumers is so common that virtually all producers do it, at least to some extent.

But who is regulating the health of these products? To some extent, FDA regulations do permit foods to be reconditioned. Allowing companies to do this can avoid both waste and expense, but in reality, these practices are tolerated for an entirely different purpose: certain levels of expected contaminants are tolerated, simply because a zero-tolerance standard would be impossible to meet, officials said.

The FDA has what’s known as “default action levels,” which are the levels at which food is no longer acceptable to be put on the market. However, so long as food products remain below that point, they may be sold to consumers for consumption. For instance, an average of 225 insect fragments or 4.5 rodent hairs per 8 ounces of macaroni or noodle products is considered acceptable, an average of 20 or more maggots of any size is permitted per 3.5 ounces of drained canned mushrooms, and an average count of 15 percent is tolerated for canned cranberry sauce, according to MSNBC.

Sometimes, however, the inclusions may not be so repugnant: mislabeled flavors of ice cream have been mixed into other flavors of ice cream to avoid waste, and pastas may be ground down to be used in producing breakfast cereals. Nevertheless, no matter the way in which food is reprocessed, the end product must be safe for human consumption.

There are some contaminants and inclusions that just can’t be fixed. In particular, mold – which was the culpable impurity in the reprocessed applesauce – is very difficult to remove from food products, no matter how much, or at what temperature, the food is reprocessed. And as per MSNBC’s report, the FDA investigated a case in which a seafood manufacturing corporation with faulty bathroom practices led to dissemination of a canned crab product that contaminated fecal E. coli bacteria. Although heat-treating would have eradicated the live germs, there is no way to get rid of the remnants of human waste.

Continue reading "Reprocessed Food: How Much is Too Much Contamination?" »

Our Chicago personal injury lawyers were concerned to hear that the FDA has recently recalled Gentes Foods Gordita Black Bean Tortillas due to possible health risks to consumers.

As per the FDA’s statement, United Natural Foods, Inc. is recalling tortillas manufactured under their brand of Gentes Foods because they have the portential to be contaminated with Clostridium botulinum. Clostridium botulinum is a soil bacterium that can lead to Botulism poisoning in humans.

Botulism poisoning is a rare, but very serious, paralytic illness. One of the ways in which humans can be infected with botulism poisoning is by ingestion of the toxin on contaminated foods; however, once a person is infected, the disease does not transfer from person to person. When an individual is infected with botulism, symptoms typically present in a paralysis that begins with the muscles of the face and gradually spreads to the limbs. In the most deadly form of the disease, botulism leads to paralysis of muscles used for breathing, and eventually the victim may die of respiratory failure. Additionally, if the infected individual is unable to exhale, he or she may die of brain failure as a result of being able to expel the carbon dioxide.

Clostridium botulinum spores are very difficult to kill; they can survive the temperature of boiling water at sea level. As a result, many food manufacturers have to produce food in conditions that allow for a pressurized boil that achieves a high enough temperature to kill the bacteria.

To date, no reports of illnesses have surfaced from the tortillas, but poisoning from Clostridium botulinum can be potentially deadly. The World Health Organization reports that the current mortality rate following botulism infection is approximately 7.5% across the United States. Nevertheless, if treated in time, death can be prevented in victims of botulism poisoning. In serious cases, treatment may require a victim to be placed on a ventilator for weeks, as well as undergo additional forms of extensive medical care.

The products affected by the recall were distributed to Safeway and Pak N Save retail grocery stores, and can be identified by a white sticker applied to the packaging that reads “12 7 11.” This date code sold at other retail outlets has not been affected.

The FDA reports that the infected tortillas come in packages of six, and are vacuum packed in a clear sleeve. The package is approximately 10 oz in size, and an orange label is on a clear wrapper with white lettering. The products were contaminated as a result of a lack of temperature control during the distribution process.

Manufacturers of all types of consumer goods are responsible for ensuring that the products they distribute to the public are safe for human use. When injuries – or, as in this case, illnesses – arise from dangerous or defective products, the corporations who manufacture the products may be held legally responsible for the injuries that result.

In 2010, the Centers for Disease Control and Prevention released a report estimating that each year roughly 48 million people are sickened by a foodborne illness. Of those, 125,000 require hospitalization and 3,000 die after consuming contaminated foods purchased from retail stores or restaurants.

Victims of foodborne illnesses who suffer serious personal injury, hospitalization, or death may be able to seek compensation for economic and non-economic damages, if a manufacturer or distributer is responsible for the failure to contain the infection. Our Illinois personal injury attorneys have extensive experience handling Illinois food poisoning cases, including a $4 million settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.

If you or a loved one has suffered from a foodborne illness, seek immediate medical attention. Additionally, an attorney may be able to apprise you of your rights under the law.

The FDA recently released a report regarding a voluntary recall of tins of Rich Fields Butter Cookies sold at Rite Aid retail stores.

Rite Aid is an American chain of drugstores that span across the United States. The Rite Aid Corporation heads approximately 4,700 stores across 31 states, and Rite Aid is the third-largest drugstore chain in the United States.

According to the FDA’s statement, Rite Aid has initiated a voluntary chain-wide recall of approximately 85,000 tins of butter cookies distributed by Rite Aid under the Rich Fields brand name, because of the possibility of contamination with Bacillus cereus.

Bacillus cereus is a form of bacteria that is potentially harmful to humans, often presenting in the form of foodborne illnesses. Some strains of the Bacillus cereus bacteria are beneficial and have been used as a probiotic additive to reduce salmonella bacteria in the intestines of animals, making them safer for human consumption. Nevertheless, Bacillus cereus is also responsible for a number of forms of food poisoning with symptoms such as severe nausea, vomiting, and diarrhea. Bacillus cereus often infects foods when cooking temperatures are less than 100 °C (212 °F), which allows some Bacillus cereus spores to survive; the contamination is exacerbated when infected food is then improperly refrigerated, which allows the bacteria to reproduce.

This particular recall applies to 12 oz. tins of Rich Fields Butter Cookies featuring either a decorative castle or Christmas designs and sold exclusively in Rite Aid stores. Affected tins of cookies are labeled with UPC codes 01249596519 and 88411804619 located directly beneath the bar code on the bottom of each tin. The statement released by the FDA recommends that customers should not eat the cookies and instead can return them to any Rite Aid store for a full refund.

This particular situation provides a prime example of two very important types of Illinois personal injury law.

Initially, this is an instance that would fall under Illinois product liability law. Companies who manufacture products – including food products – are responsible for ensuring that the merchandise that they distribute to the public is free from potential hazard. When products cause injuries – or, as in this case, illnesses – the manufacturing companies may be held legally responsible for damages arising from the injuries caused by those products.

Additionally, this situation illustrates ideas that are important in Illinois food poisoning cases. According to 2010 estimates by the Centers for Disease Control and Prevention(CDC), each year roughly 48 million people are sickened by a foodborne illness. Even worse, over 125,000 people require hospitalization and 3,000 die after consuming contaminated foods in their homes or in restaurants. When a company or restaurant disseminates contaminated food, they may be liable for the injuries or illnesses that those foods cause to consumers.

People who suffer serious personal injury, hospitalization, or death of a loved one due to food poisoning may be able to seek compensation for economic and non-economic damages. Our Illinois personal injury attorneys have extensive experience representing clients in similar cases, including a $4 million settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.

If you or a loved one have suffered injury due to contaminated food from a store or restaurant, seek immediate medical attention. You may also be entitled to compensation for your injuries.

Last week, a deadly E.coli outbreak hit the media and many were questioning who and/or what caused this awful product liability. You may have heard a lot about E.coli, but our Chicago personal injury attorneys realize that many people may not know that it is an infection that is caused by Escherichia coli bacteria that resides in the intestine. It is most often caused due to undercooked beef, but outbreaks can also occur where unhealthy eating habit is practiced or when food or water contaminated with that bacteria is consumed. Signs and symptoms of E.coli include bloody diarrhea, nausea, stomach cramping, vomiting, fever, bloating, and loss of appetite.

Continue reading "Determining the source of the deadly E.coli outbreak" »

While we frequently address the product liability and Chicago wrongful death that our readers need to be aware of when they leave their home, we do not always discuss the dangers within your home that can be caused by simple oversight. You childproof your home to avoid dangerous injuries to your children caused by product liability. You make sure your teens do not drive while texting and you get check-ups for your family to keep them healthy. Additionally, you will want to pass these food safety tips onto the family cook.

There are steps that you can take to prevent personal injuries caused by foodborne illness. Wash your hands frequently. Nothing helps to prevent passing on germs like getting into the habit of frequent hand washing, especially while cooking. Keep your cutting board clean. Salmonella, E. coli, and other bacteria can be found on cutting boards that have been used. Be extremely careful to keep your cutting board clean. Keep one cutting board for meats and a second for fruits and vegetables. Additionally, use the dishwasher to clean a plastic cutting board and a scrubber on a wooden one. When you have leftovers, you should put them into the refrigerator no longer than two hours after serving the meal. While you’re near your refrigerator, also check the interior temperature of your refrigerator to make sure that it is not higher than 40 degrees and the freezer is at an even 0 degrees. Finally, do not hesitate to buy and use a meat thermometer. These are not reserved for only Thanksgiving day turkey!

Read more about avoiding salmonella poisoning by visiting The Chicago Sun-Times.

The New York Times addressed that the United States government is now focusing on the use of antibiotics in farm animals. The use of antibiotics to health animals is routine on large, concentrated farms that dominate American agriculture. However, the practice is now increasingly condemned by medical experts who state that there is food safety issues with the use of antibiotics with farm animals. Medical experts are warning that the antibiotics contribute to a growing scourge of modern medicine – the emergence of antibiotic-resistant bacteria, including dangerous E. coli strains that account for millions of bladder infections every year, as well as resistant types of salmonella poisoning and other microbes.

The Food and Drug Administration (FDA) now appears to be poised to issue its strongest guidelines on animal antibiotics yet, intended to reduce what it calls a clear risk to human health. The guidelines are voluntary and will not have the binding force of regulations. The guidelines would end farm uses of the drugs simply to promote faster animal growth and call for tighter oversight by veterinarians. The final announcement from the FDA is expected within months, which coincides with increasing attacks against so-called factory farming.

The antibiotics used in farm animals and their effect on the food products that we eat are a serious issue. As the Chicago product liability lawyers at Levin & Perconti are well-aware, salmonella poisoning and food product issues regularly result in many personal injuries. Just earlier this summer, the Chicago Tribune reported that several people received Illinois personal injuries after a salmonella food poisoning outbreak a the Skokie Country Club.

Follow the link to the New York Times to read more about the expected FDA guidelines on the use of antibiotics in farm animals.

The Food Safety Bill is currently bogged down in the United States Senate; however, advocates against unsafe food products are urging its quick passage. There is widespread knowledge and understanding that the Food Safety Bill is long overdue and common sense; moreover, it is needed to finally update our country’s horse-and-buggy-era food safety laws. Among several food safety measures, the Food Safety Bill would require annual inspections for high-risk processing facilities, improve oversight of food imported from other countries, and significantly improve “tracebacks,” a method of figuring out contaminated products’ locations, before our country’s consumers digest them.

One prickly point of the Food Safety Bill involves a controversial amendment to ban bisphenol-A (“BPA”). Some advocates are asking senators to reject the amendment because it is jeopardizing the bill’s passage; these advocates suggest that BPA should be dealt with separately. Advocates against unsafe food products, including product liability lawyers, are familiar with BPA. BPA is an organic compound used to make plastics and resins in addition to other applications. It has been known to contain estrogen since the 1930s and concerns about BPA’s use in consumer products have been regularly reported. Reports of the dangers of BPA surfaced frequently in 2008 after several governments issued reports questioning its product safety and prompting some retailers to remove products containing BPA from their shelves. A 2010 report from the United States Food and Drug Administration (FDA) raised further product liability concerns regarding exposure of fetuses, infants, and young children. Some health effects that were raised in reports on BPA included that it may lead to increased obesity, neurological issues, and thyroid function problems. Thus, advocates are torn about the BPA amendment to the Food Safety Bill; on one hand, the bill should be passed ASAP. But, on the other hand, is this the legislature’s best chance to put a halt to the use of BPA?

Follow the link to read more about the Food Safety bill.

It has been roughly a year since House Democrats and Republicans approved legislation aimed to improve food safety. Now, public health advocates concerned about recent food safety recalls are growing frustrated that the United States Senate has yet to take up the bill. The Washington Post reports that a coalition of food safety groups tried to turn up the pressure last week on the leaders in the Senate, running newspaper ads featuring constituents who fell seriously ill from food poisoning and urging the leaders to move the bill to the Senate floor and to pass the bill.

Last week, President Obama addressed in a statement his support for the passage of the food safety bill. President Obama added that the bill provides the government the tools it needs to ensure food safety. The food safety bill would be the first major change to food safety law in 70 years and would give the Food and Drug Administration (FDA) greater regulatory authority regarding food production. Additionally, it places the responsibility where it belongs – on the manufacturers and farmers to produce food free from product contamination.

As the Chicago product liability attorneys at Levin & Perconti are aware, the legislation comes after a series of food-borne illnesses over the past four years. You can remember that the food recalls have included various products, such as spinach and cookie dough, and have generally made Illinois and U.S. consumers weary about food safety. In fact, just yesterday – USA Today reported that close to one in twenty five outbreaks of foodborne illnesses in restaurants and delis can be traced to contaminated, freshly-made salsa or guacamole!

Click the link to read the full food safety law article.

The Chicago Tribune is reporting that two people remain hospitalized and several more are recovering from Illinois personal injuries after a salmonella food poisoning outbreak at the Skokie Country Club in the suburb of Glencoe in Illinois. Cook County health officials are still investigating the nature and cause of the Illinois salmonella outbreak. While the Department acknowledged that finding the source of the outbreak is unlikely, they will continue to investigate.

According to MayoClinic.com, there are more than 2,000 varieties of salmonella bacteria, but only a dozen of them cause personal injuries in people. Most of the illnesses fall under “gastroenteritis,” but some can result in typhoid fever. Salmonella-induced gastroenteritis is most often caused by eating raw or undercooked meat, poultry, eggs or egg products. Signs and symptoms may include: nausea, vomiting, abdominal pain, diarrhea, fever, chills, headaches, muscle pains, or blood in the stool. Infants, the elderly and people with weakened immune systems are at higher risk for more severe illness.

In the case of the Illinois salmonella infections, the Department of Health has updated the number of those hospitalized due to salmonella to eight; six have been discharged. There have been 37 confirmed cases of salmonella poisoning and the Department has received reports of symptoms in 50 other cases. The kitchen of the country club remains closed since the outbreak began June 12.

For the latest information on the Illinois salmonella poisoning, click the link.

The Illinois product liability attorneys at Levin & Perconti realize that our readers are likely worrying about whether the lettuce they have bought is safe to eat, due to the recent E. coli outbreak and recalls. The Centers for Disease Control and Prevention has expanded the E. coli outbreak to four states – the outbreak involves potentially deadly food-borne illness linked to tainted lettuce. The E. coli outbreak has sickened at least twenty-three people in four states, but luckily, no deaths have been reported. According to a recent CNN.com article, the current product recall involves companies that distribute lettuce supplies to wholsesale and food service outlets. Experts suggest you abstain from eating lettuce at salad bars because of the fact that this current recall involves the lettuce distributed wholesale. Additionally, salad bars generally have the potential for more contact with lots of hands and people.

Grocery store whole lettuce is relatively safe, according to the expert consulted by CNN.com. Freshway Foods and Vaughan Foods have issued a product recall for bagged lettuce products. Production practices, harvesting, packing, processing, and food handling have all been linked to illnesses associated with leafy greens.

The Food and Drug Administration has offered food safety tips to assist in food safety. 1) Clean –make sure you wash your hands and everything else that comes into contact with good, including utensils, countertops, and tableware. 2) Separate – keep uncooked food from contaminating other food with dangerous bacteria. 3) Cook – keep food safety by cooking it thoroughly. 4) Chill – keep foods cold and chill leftovers quickly.

Click this link to read more about the E. coli outbreak and how it affects your lettuce.

The Washington Post recently reported that the Food and Drug Administration (FDA) is taking a second look at the safety of spices. Federal regulators recently met with the spice industry to determine methods and practices to make the supply safer. Ideally, the spice industry would take proactive steps to prevent contamination, such as using one of three methods to rid spices of bacteria: irrigation, steam heating, or fumigating with a pesticide. This is a pressing and important food safety issue because the FDA does not have specific guidelines for screening lead in dried products. At the FDA, the Center for Food Safety and Applied Nutrition is the branch of the FDA responsible for ensuring the safety of and accurate labeling of nearly all food products in the United States.

Spicemakers have been in the news in the past over product safety issues. Last year, a man who claimed to have received salmonella poisoning at a buffet restaurant filed a personal injury lawsuit against a spicemaker. In April of last year, a spice recall was instituted after nearly 50 people in multiple states became ill due to spice linked to salmonella. The strain of salmonella was of particular concern because it was both rare and dangerous.

As described above, salmonella-stricken spices caused severe personal injuries last year and the Chicago product liability attorneys at Levin & Perconti are glad that the FDA is reexamining spice safety. Our Illinois product safety attorneys represent victims in matters against corporations or manufacturers who have sold or manufactured unsafe products to consumers – and “products” in this sense includes unsafe food.

For more information on reexamining potential spice contamination, click here.

A meat company has issued a product recall for 1.24 million pounds of pepper-coated salami on Saturday. The product recall comes after a lengthy multistate investigation of a salmonella outbreak. Interestingly, the investigation included comparing shopping receipts of those people who got food poisoning. The outbreak has sickened 184 people in 38 states. Eating food contaminated with salmonella can cause salmonellosis, a potentially life threatening bacterial foodborne illness. The recalling company has set up a hot line for consumers or distributors – (888) 345-4160.

For more information on the salami recall, click here.

Drawing national media attention, the Food and Drug Administration (FDA) seized $1 million in food from a plant this week. The FDA marshals seized bulk food restaurant contaminated products in value of more than $1 million after inspectors discovered signs of rodent infestation. One publication reported that the officials seized all foods that are regulated by the FDA, including rice, fresh produce, and frozen food products. Reports indicated that the company had initially received a warning letter and a follow-up inspection found additional indicators of contamination.

Click here to read more about the food seized from the food processing plant.

A recent editorial in the New York Times highlighted an issue that the Levin & Perconti product liability attorneys have frequently blogged about – food safety. It seems as though in recent years, we have had constant reminders of weaknesses in our nation’s food safety system. According to the Centers for Disease Control and Prevention (“CDC”), 76 million cases of food-related illnesses are reported every year, with over 300,000 hospitalizations and 5,000 wrongful deaths.

Continue reading "New York Times: The 76 Million Food Victims" »

A consumer reports study recently released reported that the majority of chicken contains harmful bacteria. According to the product liability study, almost two-thirds of raw store-bought chicken contain potentially dangerous pathogens like salmonella and campylobacter. This number of contaminations has actually dropped from two years ago. But, it is an eye-opener for consumers nonetheless.

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Thanksgiving is a time for food, fun, friends and family. The attorneys at Levin & Perconti want to wish all of our readers and their families a Happy Thanksgiving! Although we all want to enjoy our time eating and relaxing with friends and family, we do need to recognize the dangers of food poisoning in the kitchen. Nobody wants a delicious meal to make them or their guests ill. Small mistakes in the kitchen can lead to foodborne illness.

The U.S. Centers for Disease Control and Prevention (CDC) has estimated that 76 million Americans get food poisoning yearly. This food poisoning leads to approximately 5,000 deaths every year.

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