312-981-0409
161 N. Clark Street, Suite 1700, Chicago, IL 60601
Serving Clients Across 7 Illinois Locations
Recent Blog Posts
Ice Cream Maker Expands Listeria-Related Recall
The maker of a popular brand of ice cream announced yesterday that it is conducting a voluntary recall of all its products due to concerns of listeria contamination. Blue Bell Ice Cream, a Texas based manufacturer of frozen dessert products, issued the recall for products made at all of its facilities as the company works to find the source of contamination and implements new product testing protocols. Ice cream produced by Blue Bell was also recalled on a much more limited scale in March as it was linked to fatal cases of listeriosis at a Kansas hospital.
The March recall was the first time Blue Bell products had been recalled in the company's history, and testing procedures developed as a result of that recall led to the discovery of contaminated products, prompting the manufacturer to take action. Paul Kruse, Blue Bell CEO and president said in a statement, “We're committed to doing the 100 percent right thing, and the best way to do that is to take all of our products off the market until we can be confident that they are all safe.” He also issued an apology to the brand's loyal consumers and restated the company's dedication to producing high quality ice cream.
Egg Company Executives to Serve Prison Time for Salmonella Outbreak
Maintaining food safety can be challenging, of course. It requires constant attention to detail, meticulously following proper procedures, and, sometimes, being willing to take losses when products may be compromised. Unfortunately, many food producers are too focused on the their bottom line, instead risking consumer safety and food poisoning outbreaks to save a few dollars in preventive losses. A federal court in Iowa, however, sent a strong message this week, by sentencing a former egg magnate and his son to three months in prison for their role in a salmonella outbreak in 2010.
The owner of Quality Egg LLC, and his son pleaded guilty to selling contaminated food against state lines in U.S. District Court. The personal penalties to each, which included a three-month prison sentence and $100,000 fine, were in addition to the $6.8 million fine and three-year probation levied against Quality Egg as a company. The punitive actions were handed down in response to the company's admission that eggs were shipped with falsified processing and expiration dates and at least two instances of bribing an inspector from the U.S. Department of Agriculture to approve low-quality eggs.
Holes in FDA Testing Process Lead to Flawed Designs
There has been substantial media attention and reaction from affected patients regarding metal-on-metal hip implants over the last decade or so. Of course, one of the most famous examples is the articular surface replacement, or ASR, implant which was manufactured by DePuy Orthopaedics, a subsidiary of Johnson & Johnson. Tens of thousands of the devices were implanted in patients before injuries, immobility, and even metal poisoning led to their recall in 2010. More than 7,500 lawsuits have been filed against DePuy and Johnson & Johnson, seeking billions in damages, and class action suits remain ongoing. It can difficult, however, for the average consumer to understand how medical devices such as the ASR implant ever get through the testing process and receive regulatory approval before going to market.
In the case of medical devices, even ones that eventually prove dangerous, substandard manufacturing is not often the problem. Rather, getting to the product to market frequently takes priority over careful design testing processes which allow for potential issues to be remedied prior to effecting patients and consumers. Many assume that industry and government regulators, like the Food and Drug Administration (FDA), would be responsible for ensuring that poorly designed devices never make it to market. They would be partially correct in that assumption, but many device manufacturers have found a loophole in federal regulations that reduce the FDA's oversight in particular situations.
Court Dismisses E. Coli Liability Case against Boy Scouts
A ruling in federal court this week declared that the Boy Scouts of America would not be held responsible for an outbreak of E. coli which affected a Virginia scout camp back in 2008. In his decision to dismiss the case against the youth organization, U.S. District Judge Norman Moon indicated that there was no gross negligence on the part of scout leaders, but that the litigation against the food supplier could move forward.
The lawsuit stems from a food poisoning outbreak which sickened 84 scouts at a summer camp in 2008. The illnesses were traced to ground beef contaminated with E. coli bacteria that was ultimately consumed undercooked. Despite having prepared his own meal using the contaminated beef, the plaintiff in the case was seeking $15 million in damages for negligence from the food supplier, the local Boy Scout Council, and the Boy Scouts of America.
Peanuts May Help Prevent Foodborne Illness
With food poisoning outbreaks occurring on a fairly regular basis, and recalls being announced even more frequently, foodborne illness represents a considerable health concern to many Americans. Often, a recall or government agency notification will provide advice on how to prevent food poisoning, either in general or as related to a specific threat or pathogen. The suggestions usually include proper storage, washing, and preparation of the food product, as well as cleaning and sterilizing prep equipment and work surfaces. A new study suggests, however, that an additional recommendation for preventing foodborne illness could be added: eat more peanuts.
Inspired by recent Salmonella outbreaks associated with peanut butter, researchers at the University of Maryland examined the effect peanuts can have on gut bacteria in the human digestive system. The study looked separately at peanut flour, made exclusively from the kernel, and peanut skin extract, taken from the thin, fibrous membrane that covers the kernel.
Fatal Listeria Outbreak Linked to Ice Cream Products
The Centers for Disease Control and Prevention (CDC) has confirmed an outbreak of Listeria monocytogenes infections at a hospital in Kansas resulting in three deaths to date. Local and state officials, the CDC and the U.S. Food and Drug Administration are currently investigating the outbreak in which five people contracted listeriosis, a form of food poisoning caused by the Listeria monoctyogenes bacterium.
Preliminary reports from the CDC indicate that all five infected patients were hospitalized at the same facility for unrelated reasons prior to “developing invasive listeriosis – a finding that strongly suggests their infections were acquired in the hospital.” The CDC also determined that at least four of the five had consumed a particular brand of ice cream products while in the hospital.
Subsequent testing of the manufacturer's products obtained in South Carolina and Texas found Listeria strains in several different ice cream products. The manufacturer has reported that the contaminated products have been pulled from the market, but previously sold products “may still be in the freezers of consumers, institutions, and retailers.”
More Foodborne Illness Caused By Produce than By Meat or Eggs
Most Americans recognize the potential dangers of undercooked meat or raw eggs. In fact, many restaurant menus carry warnings that beef cooked less than well-done may place the diner at elevated risk for foodborne illness. While the concerns over meat, eggs, and often dairy products, are certainly based in fact, government research indicates that, more than any of these, fruits and vegetables represent the largest source of foodborne illness in the United States.
The Centers for Disease Control and Prevention (CDC) reports that approximately 9 million Americans are affected by food poisoning, or foodborne illness, each year. More than 50,000 require hospitalization, and about 1,000 cases every year prove to be fatal. In an effort to better understand foodborne illness, causes, impacts, and the types of foods affected, the CDC regularly commissions and conducts extensive research into the issue. Last month, the agency releases its latest study and the findings may be a bit surprising.
Raw Milk A 'Public Health Challenge' For The CDC
The Centers for Disease Control and Prevention (CDC) recently announced that food poisoning outbreaks related to raw milk increased by nearly 70 percent in the last several years. Between 2007 and 2009, 30 such outbreaks were reported, growing to 51 from 2010 to 2012, causing nearly 1000 illnesses. Outbreaks, defined as two or more cases from a common source, occurred in 26 states, including Indiana, Michigan, Ohio, and Iowa. The CDC determined that Campylobacter infections made up 77 percent of these incidents, while Salmonella and e-Coli infections were also quite common.
According to the study, there were only 3.3 Campylobacter outbreaks per year from 1993 to 2006. Researchers concluded that unpasteurized milk sales was a “public health challenge,” in part because the bacterial infections generally target seniors and children. Adding to the challenge is the reality that each state maintains its own laws regarding pasteurization and raw milk sales. Illinois, for example, only has a partial ban on raw milk sales: consumers may purchase raw milk directly from a dairy farm that meets certain qualifications.
Mislabeled Food Appears In Area Markets
A Colorado food processing company which failed to include peanuts in an on-label ingredient list blamed the incident on an “inadvertent packaging error.” The mistake could lead to severe, and possibly fatal, allergic reactions in millions of people.
Broomfield-based WhiteWave Foods distributed over 62,000 mislabeled boxes of Horizon Cheddar Sandwich Crackers in Illinois, Indiana, Michigan, Wisconsin, and 28 other states. The inner label states that the sandwich crackers contain peanut butter, but the outer label only says that the package contains “cheddar” sandwich crackers.
WhiteWave claims it is working with its partners to recover unsold product and that it has “taken measures to prevent this from happening in the future.”
Food Allergy Every three minutes, someone visits an emergency room seeking treatment for anaphylaxis or a similar dangerous food allergy reaction. Specifically, over three million Americans have a peanut or tree nut allergy, and even trace amounts can cause a life-threatening reaction. Thousands of other people are allergic to fish, eggs, shellfish, and other food products.
Hotel Workers Spread Bacterial Infection
State and county health officials recently linked a 2013 Salmonella outbreak in North Carolina to a hotel restaurant in Fayetteville. One of the most serious food poisoning events in The Tar Heel State's history sickened an estimated 100 people.
Inspectors were unable to identify a single cause, but they recorded numerous violations, including temperature violations, bare-handed contact with ready-to-eat food, improper water temperatures, a defective dishwasher, and absence of hand-washing supplies. Investigators theorized that cross-contamination probably triggered the outbreak. The first 29 cases came from the restaurant staff, and an overly-strict leave policy may have made the outbreak worse. Investigators confirmed that seven people worked while they were sick.
The outbreak lasted from May 1 to May 17, 2013. Although most of the victims were from North Carolina, residents of South Carolina, Alabama, Illinois, Colorado, Maryland, New Jersey, and New York were also affected.
-
Foreclosure and Bankruptcy
Visit Website -
Real Estate and Estate Planning
Visit Website -
Personal Injury
Visit Website