D. Philip Shockley was in such pain and physical distress that he collapsed inside his Houston area apartment, where he was later found unconscious by a co-worker who was concerned about his unexplained absence from work. The 32-year-old retirement center director had gone to the emergency room for care, but had been sent home with symptoms the doctors believed were due to a migraine headache. Instead, Mr. Shockley was suffering from Listeria meningitis with encephalitis and he remained unconscious for six days. He awoke in the intensive care unit of a local hospital, unable to walk, talk, swallow, see properly or move much of his body. Now living with permanent neurological damage and other threats to his health, Mr. Shockley's federal Listeria lawsuit against the maker of Blue Bell ice … [Read more...]
Firefly Tapas Kitchen Lawsuit Puts Food Safety on Trial
A Salmonella lawsuit filed against the Las Vegas restaurant, Firefly Tapas Kitchen and Bar, is calling into question the establishment's past food safety discipline in an attempt to achieve justice for the people who suffered serious illnesses in an outbreak that received nationwide attention back in April and May. According to a legal complaint on file in Nevada's Clark County District Court, the restaurant's food safety inspection score was so overloaded with demerits at the time of the outbreak that the facility was shut down to minimize ongoing risk to public health. It has since reopened. At Pritzker Olsen Attorneys, the case has been assigned to the firm's Bad Bug Law Team, which has been working on pre-settlement issues surrounding insurance and the lawsuit's allegations of … [Read more...]
Cyclospora Food Poisoning Outbreak: 4 Questions and Answers
1. How is Cyclospora transmitted by food? Cyclospora cayetanensis is a parasite. People can become infected with Cyclospora by ingesting sporulated oocysts, the infective form of the parasite, in food. Unsanitary conditions at a farm, processing plant or distribution center can allow human feces containing Cyclospora oocysts to contaminate food. It generally takes days or even weeks for these fecal oocysts to become sporulated, and thereby infective, according to the Centers for Disease Control and Prevention (CDC). So the contamination of the food happens days or weeks before it is eaten. This makes it more difficult to find the source of a Cyclospora food poisoning outbreak. 2. What evidence is needed to prove that a grower, processor, distributor, grocery store and/or restaurant … [Read more...]
Crave Brothers Recall, Cheese Sold in MN at Twin Cities Lunds, Byerly’s, Whole Foods, Rainbow and Other Stores
To date, two Minnesota residents have contracted Listeria food poisoning (listeriosis) after eating Les Freres cheese produced by Crave Brothers Farmstead Cheese Company. One of Minnesota victim died. Prompted by this outbreak, Crave Brothers issued a recall of some of its cheese products, including Les Freres (LF225 2/2.5#), Petit Frère (PF88 8/8 oz) and Petit Frère with Truffles (PF88T 8/8 oz), all with a make date of 7-1-13 or earlier. “Crave Brothers is legally responsible for any Listeria cases linked to its cheese,” said Fred Pritzker, a Minnesota food safety lawyer who represents Listeria clients nationwide in personal injury and wrongful death lawsuits against food processors, retailers, restaurants and others. Fred recently won $45,000,000.00 for clients injured by another … [Read more...]
BBQ Shack E. coli and HUS Outbreak in Toccoa, GA, Lawsuits Inevitable
At least 11 people have contracted E. coli O157:H7 infections in an outbreak linked to the BBQ Shack, a restaurant in Toccoa, Georgia, according to the Georgia Department of Public Health. Ten of the victims of the outbreak are Georgia residents, and one is a resident of South Carolina. Seven of the outbreak victims have been hospitalized, five with hemolytic uremic syndrome (HUS), the leading cause of kidney failure in children in the United States. HUS-E. coli O157 can be fatal, giving rise to a wrongful death claim. It is still unknown what food item at the restaurant was tainted with E. coli, but according to national food safety lawyer Fred Pritzker, outbreak victims and their families will most likely still have claims against the restaurant. "Restaurant owners are liable for … [Read more...]
E. coli Lawsuit Claims Tainted Lettuce Caused Wrongful Death
The family of a woman who died from an E. coli O157:H7 infection filed a wrongful death lawsuit against Tanimura & Antle, a California company, in the U.S. District Court for the Northern District of California. The suit alleges that the woman, a resident of Canada, died after eating tainted Romaine lettuce sold by the company. In August of 2012, the Canadian Food Inspection Agency (CFIA) warned the public not to consume the certain Tanimura & Antle brand Romaine Lettuce because of possible contamination with E. coli O157:H7 bacteria. The affected product, Tanimura & Antle brand Romaine Lettuce, produce of USA, was sold in a plastic package with the UPC 0 27918 20314 9. The affected product was sold at retail from August 8, 2012 through August 17, 2012 The lawsuit alleges … [Read more...]
Deadly Salmonella Outbreak: Peanut Corp. Execs Plead Not Guilty
Four former executives of the Peanut Corp. of America (PCA) have pleaded not guilty to charges in a 76-count indictment stemming from a 2009 Salmonella outbreak that sickened more than 700 people and killed nine. Stewart Parnell, the now defunct company's owner and president, Michael Parnell, a food broker; Samuel Lightsey, a plant manager; and Mary Wilkerson a quality assurance manager entered their on Thursday in federal court in Albany, Ga. They were released on bond. For Stewart and Michael Parnell bond was set at $100,000. For Samuel Lightsey bond was set at $50,000 and for Mary Wilkerson bond was set at $25,000 dollars. A date for trial has not yet been set. On February 21, 2013, the U.S. Department of Justice indicted the four former executives on 76 counts charging that … [Read more...]
