Louisiana Accident Attorney Blog

No-Swim Warnings for Twelve Beaches in Florida

Thu, 26 Jun 2008 14:34:15 -0600

According to health officials, swimmers are being notified to stay out of the water at 12 Miami-Dade beaches. Bacteria levels that where found, surpass state measures at the
beaches and a no-swim warning was published.

Examinations were executed on the ocean water the first part of this week, and county
officials are waiting to review more exams Thursday to determine whether the advisories
should stay in effect.

Swimmers who disregard the advisories may be at a greater danger of ear and eye
infections and gastrointestinal sickness.

Update on the Outbreak

Wed, 25 Jun 2008 15:54:24 -0600

June 25, 2008: At this time, FDA recommends consuming raw red plum, raw red Roma, or raw red round tomatoes only if grown and harvested from the following areas that HAVE NOT BEEN ASSOCIATED WITH THE OUTBREAK:
• Alabama
• Alaska
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida (counties of: Jackson, Gadsden, Leon, Jefferson, Madison, Suwannee, Hamilton, Hillsborough, Polk, Manatee, Hardee, DeSoto, Sarasota, Highlands, Pasco, Sumter, Citrus, Hernando, Charlotte)*
• Georgia
• Hawaii
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Nebraska
• Nevada New!
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• Ohio
• Oklahoma
• Pennsylvania
• South Carolina
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Belgium
• Canada
• Dominican Republic
• Guatemala
• Israel
• Mexican States (Aguascalientes, Baja California Norte, Baja California Sur, Campeche, Colima, Chiapas, Chihuahua, Distrito Federal, Durango, Guanajuato, Guerrero, Hidalgo, México, Michoacán, Morelos, Nayarit, Nuevo León, Oaxaca, Puebla, Querétaro, Quintana Roo, San Luis Potosí, Sonora, Tobasco, Tamaulipas, Tlaxcala, Veracruz, Yucatán, Zacatecas)
• Netherlands
• Puerto Rico

* Shipments of tomatoes harvested in these counties are acceptable with a certificate issued by the Florida Department of Agriculture and Consumer Services. Consumers who are unsure of here the tomatoes are from that they have in their home are encouraged to contact the store or place of purchase for that information. If consumers are unable to determine the source of the tomatoes, they should not be eaten.

Consumers should also be aware that raw tomatoes are often used in the preparation of fresh salsa, guacamole, and pico de gallo, are part of fillings for tortillas, and are used in other dishes.
Types of tomatoes not linked to any illnesses are cherry tomatoes, grape tomatoes, and tomatoes with the vine still attached.

Since mid April, there have been 652 reported cases of salmonellosis nationwide caused by Salmonella Saintpaul, an uncommon form of Salmonella. At least 71 hospitalizations have been reported. Investigation of Outbreak of Infections Caused by Salmonella Saintpaul (CDC).

Largest outbreak of salmonella on record

Tue, 24 Jun 2008 12:38:24 -0600

The amount of reported infection in the Salmonella Saintpaul outbreak connected to fresh tomatoes has increased to more than 600 people.

The Deputy Director, Robert Tauxe, of the Center for Disease Control and Prevention’s Division of Foodborne, Bacterial and Mycotic Diseases, informed NBC June 21 this is the biggest salmonella outbreak connected to tomatoes ever since the agency began keeping records in the late 1960s.

The CDC reported on June 23 that there are 613 reported infections in 32 states and Washington D.C.

A spokeswoman for the CDC stated that the preceding biggest outbreak was in 2002 where 510 people were reported with the salmonella infection. Three salmonella outbreaks that were connected to tomatoes in 2004, 561 total infections were reported in the U.S. and Canada. The biggest of those episodes had 429 reported infections.

Since 1990, this is the 13th salmonella outbreak connected to tomatoes.

Chief of the CDC unit, Ian Williams, examines outbreaks, has said for every reported infection, there are probably at least 30 more occurrences that public health officials do not know about. That indicates the continuing outbreak could be involving more than 18, 000 people.

The CDC reported in its June 23 report that at around 69 people have been hospitalized. The outbreak has not been directly accredited for any deaths. The CDC said the start dates of the reported infection now extend from April 10 to June 13.

The amount of reported infections has made a few remarkable increases in the past week. Nevertheless, CDC stated the raise is not the outcome of a large number of new illnesses; the raises are due to enhanced observation for salmonella by state health officials and the numerous completed lab tests.

Recall of Nestlé Pure Life Purified Water

Tue, 24 Jun 2008 10:44:32 -0600

U.S. Food and Drug Administration

FDA posts press releases and other notices of recalls and market withdrawals from the firms involved as a service to consumers, the media, and other interested parties. FDA does not endorse either the product or the company. Recall of Nestlé Pure Life Purified Water

Contact: Nestlé Pure Life 866-599-8980

FOR IMMEDIATE RELEASE -- (GREENWICH, Connecticut, June 24, 2008) – This announces a product recall for the one-gallon Nestlé Pure Life Purified Drinking Water sold ONLY in hop-Rite stores in the five Northeast states of Connecticut, Delaware, New Jersey, New York and Pennsylvania. This affects ONLY the one-gallon size.

Fewer than 150 one-gallon bottles of Nestlé Pure Life Purified Water are implicated, produced in short timeframe on May 5, 2008 between 8:00 AM and 9:00 AM. The product date code is printed on the shoulder of one-gallon bottles. The code is:

First line…………050508126WF024
Second line……... Starts with the numbers "08"
For example: 0801BB05/2010

The product in question may contain a diluted form of a common food grade cleaning compound that results in a bitter or sour taste. This could pose a potential health concern if ingested in large quantities over an extended period of time and should not be consumed or used in preparing infant formulas or other foods or beverages. No illnesses have been reported.
To further assure consumers, Shop-Rite, as of Monday, June 23rd, has removed any remaining affected product from their stores and warehouses.

Consumers who possess this product or have questions should contact the company at a toll free number 866-599-8980 available 24 hours a day. This same toll-free number is also printed on the front of all product labels for the one-gallon size.

Recall Bulletin

Fresca Italia, Inc., Expands Recall of Burrata Cheese Because of Possible Health Risk

Mon, 23 Jun 2008 16:22:42 -0600

Contact:
Fresca Italia, Inc
415-468-9800

FOR IMMEDIATE RELEASE -- June 23, 2008 -- Fresca Italia of Brisbane, CA is recalling
Burrata, a type of cheese, because it has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as fever, headache, stiffness, nausea, abdominal, or diarrhea, listeria infection can cause miscarriages and stillbirths among pregnant women.

This product was distributed in the San Francisco Bay Area and Southern California in retail stores and restaurants. This product weighs approximately 8.8oz and is packaged in a white and green plastic wrapper with the manufacturer’s name, "Caseificio Voglie di Latte" and the product name "Burrata." ALL LOT CODES AND EXPIRATION DATES from this manufacturer are subject to recall. Previously, the only batch subject to the recall will be labeled with the expiration date of 24/5/2008. The following quantities were distributed:

• 606 lbs with the Lot Code 24/5/2008
• 661 lbs with the Lot Code 31/5/2008
• 490 lbs with the Lot Code 07/06/2008

The recall is the result of survey sampling by the California Dept. of Food & Agriculture which revealed that the product in question contained the bacteria. Fresca Italia has immediately halted further distribution. This recall is an expansion of the previous recall initiated on May 30, 2008. Positive results for Listeria were found in other lots of the product by the Food and Drug Administration.

If you have any Caseificio Voglie di Latte Burrata with an expiration of 24/5/2008 please return it to the place of purchase for a full refund. Consumers with questions may contact the company at 415-468-9800.

Florida, Texas farms connected to salmonella

Mon, 23 Jun 2008 12:26:50 -0600

Some farms in Texas and Florida seem to have produced at least several of the tomatoes associated in what is forming up to be the country’s biggest tomato salmonella epidemic, federal health officials said Friday.

This outbreak is one of the most widespread of the country’s 13 tomato-borne salmonella incidences, raising the number of victims to 522.

383 salmonella cases counted by CDC

Mon, 23 Jun 2008 11:39:59 -0600

Another 106 cases of salmonella have been associated with contaminated tomatoes, setting the outbreak total at 383 on Wednesday.

The majority of the new cases were people who became ill weeks ago but have not been considered so far. A number of states began improving salmonella checks as the outbreak goes on, while some of the rush comes from exam results that have accumulated in over loaded labs.

What has not altered are the earliest identified victim got ill on April 10 and the most recent on June 5.

However, New Hampshire and Pennsylvania reported their initial cases, resulting in 30 states, plus Washington D.C., that have reported ill residents, even though some may have been contaminated while traveling.

The Food and Drug Administration’s food safety chief cautioned Wednesday, that it may be likely to trace the essential source of the contaminated tomatoes.

Dr. David Acheson, the FDA’s associate commissioner for foods said, “I know there is a great deal of frustration. We’re continuing to work flat-out.”

While tomatoes are some of the hardest foods to follow in an outbreak, since people rarely have any tomatoes left when they get ill and they are sold with no labels to help trace their merchant.

Parts of Mexico and Florida are mainly the sources of the infectivity because they were providing nearly all of the country’s tomatoes when the outbreak started per the FDA. Although Acheson said he was “trying to inject a note of realism” that the more extended his investigation lasts, the less chance he has to discover the actual farm.

Acheson said, “As every day passes, it gets just a little more tricky. I’m still optimistic but I’m trying to be realistic.”

As part of the investigation, the FDA has requested Mexican health agencies to make sure whether they have any instances of this precise type of salmonella Saintpaul, the subtype implicated.

The FDA advises consumers nationwide to keep away from raw red plum, red Roma or red round tomatoes except for ones grown in certain states or countries that the FDA has freed from suspicion. Grape tomatoes, cherry tomatoes and vine ripe tomatoes are safe per the FDA.

Expands Recall of Burrata Cheese Because of Possible Health Risk

Mon, 23 Jun 2008 11:07:45 -0600

U.S. Food and Drug Administration

Contact: Fresca Italia, Inc 415-468-9800

FOR IMMEDIATE RELEASE -- June 23, 2008 -- Fresca Italia of Brisbane, CA is recalling Burrata, a type of cheese, because it has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as fever, headache, stiffness, nausea, abdominal, or diarrhea, listeria infection can cause miscarriages and stillbirths among pregnant women.
This product was distributed in the San Francisco Bay Area and Southern California in retail stores and restaurants.

This product weighs approximately 8.8oz and is packaged in a white and green plastic wrapper with the manufacturer’s name, "Caseificio Voglie di Latte" and the product name "Burrata." ALL LOT CODES AND EXPIRATION DATES from this manufacturer are subject to recall. Previously, the only batch subject to the recall will be labeled with the expiration date of 24/5/2008. The following quantities were distributed:

* 606 lbs with the Lot Code 24/5/2008
* 661 lbs with the Lot Code 31/5/2008
* 490 lbs with the Lot Code 07/06/2008

Update on the Investigation, June 20, 2008

Fri, 20 Jun 2008 15:51:18 -0600

The FDA has completed the traceback for some of the tomatoes associated with the salmonella outbreak. The agency has been able to trace the pathway of some tomatoes from the point of purchase (e.g. supermarket) or consumption (e.g. restaurant) to each point on the distribution chain down to certain farms in Mexico and Florida.

The FDA is now working to narrow the investigation. As part of this, the agency is sending teams of multi-disciplinary experts to both Mexico and Florida this weekend to conduct joint inspections of the farms and other critical points on the supply chain where the tomatoes may have become contaminated.

The FDA investigators will conduct joint inspections with regulators in Mexico and Florida at the farms and other distribution points. Meanwhile, the FDA will continue to collect samples of tomatoes and conduct traceback activities.

To further narrow the investigation, the FDA is working with the state of Texas to traceback a cluster of illnesses recently found by the state of Texas. We are hopeful that this will provide additional information to bring the agency closer to the source of the contamination.

The FDA is working jointly with Mexico and Florida and other states to update the list of areas not associated with the outbreak and will continue to post the information on the web site. Raw red plum, red Roma, and red round tomatoes, harvested from one of the sources that FDA has identified below are NOT associated with the outbreak and are acceptable to eat. Cherry tomatoes, grape tomatoes, tomatoes sold with the vine still attached, from all sources, and tomatoes grown at home are also not linked to the outbreak and can be eaten.

30 states and the District of Columbia reported salmonella cases

Thu, 19 Jun 2008 12:02:21 -0600

Federal health officials said Wednesday that the number of illness cases has risen in last few days to 383 people. They have been contaminated with an uncommon form of salmonella since April. Some 30 states plus the District of Columbia have reported salmonella cases.

An official with the Centers for Disease Control and Prevention said around 48 of the victims, ages vary from younger than 1 to 88, have been hospitalized.

The CDC said, “No deaths have formally been blamed on the outbreak, but the infection may have been a factor to the death of a man in his 60s, who also had cancer, from Texas.”

Another 160 people made sick from salmonella in tomatoes

Thu, 19 Jun 2008 11:37:07 -0600

Another 160 people made sick from salmonella in tomatoes, per the CDC. The new total is now 383 people in 30 states, but health officials are still not able to identify the cause.

Dr. Robert Tauxe of the CDC said, “We do not think the outbreak is over.” And the majority of the new cases were people who became ill weeks ago but have not been considered so far.

FDA Requests Seizure of Animal Food Products at PETCO Distribution Center

Thu, 19 Jun 2008 11:33:43 -0600

Media Inquiries:
Kimberly Rawlings, 301-827-6242
Consumer Inquiries:
888-INFO-FDA

FDA Requests Seizure of Animal Food Products at PETCO Distribution Center

Today, at the request of the U.S. Food and Drug Administration (FDA), U.S. Marshals seized various animal food products stored under unsanitary conditions at the PETCO Animal Supplies Distribution Center located in Joliet, Ill., pursuant to a warrant issued by the United States District Court in Chicago.

U.S. Marshals seized all FDA-regulated animal food susceptible to rodent and pest contamination. The seized products violate the Federal Food, Drug, and Cosmetic Act because it was alleged in a case filed by the United States Attorney that they were being held under unsanitary conditions. (The Act uses the term "insanitary" to describe such conditions).

During an FDA inspection of a PETCO distribution center in April, widespread and active rodent and bird infestation was found. The FDA inspected the facility again in May and found continuing and widespread infestation.

"We simply will not allow a company to store foods under filthy and unsanitary conditions that occur as a direct result of the company's failure to adequately control and prevent pests in its facility, " said Margaret O'K. Glavin, associate commissioner for regulatory affairs. "Consumers expect that such safeguards will be in place not only for human food, but for pet food as well."

The distribution center in Joliet, Ill., provides pet food products and supplies to PETCO retail stores in 16 states including Alabama, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Nebraska, Ohio, Oklahoma, Tennessee, Texas, and Wisconsin.

FDA has no reports of pet illness or death associated with consumption of animal food distributed by PETCO, and does not have evidence that the food is unsafe for animals. However, the seized products were in permeable packages and held under conditions that could affect the food's integrity and quality.

As a precaution, consumers who have handled products originating from the PETCO distribution center should thoroughly wash their hands with hot water and soap. Any surfaces that came in contact with the packages should be washed as well. Consumers are further advised as a precaution to thoroughly wash products sold in cans and glass containers from PETCO in the 16 affected states.

If a pet has become ill after eating these food products, pet owners should contact their veterinarian and report illnesses to FDA state consumer complaint coordinators.

FDA gives OK to more tomatoes in salmonella outbreak

Wed, 11 Jun 2008 11:18:26 -0600

Florida harvested tomatoes and California grown tomatoes have been cleared in the salmonella outbreak.

The source of the outbreak is still unknown by the Food and Drug Administration. The outbreak has caused 167 people to become ill within 17 states. There has not been any new cases in two weeks and not all tomatoes are linked.

The experts are observing that the government, supermarkets and fast food restaurants are responding more assertively than in preceding outbreaks of salmonella. Because fast food chains do not want to seem unwise if a patron becomes ill, they have removed tomatoes, says an attorney who handles food-contamination cases.

Since the government has been quite slow historically, it's trying to be more receptive says a consumer advocacy group.

ETHEX Corporation Voluntarily Recalls a Single Lot of Morphine Sulfate 60 mg Extended Release Tablets Due to the Potential for Oversized Tablets

Mon, 09 Jun 2008 13:35:56 -0600

Contact:
Ann McBride
1-800-321-1705

FOR IMMEDIATE RELEASE -- St. Louis, MO – June 9, 2008 – ETHEX Corporation announced today that it has voluntarily recalled a single lot of morphine sulfate 60 mg extended release tablets (Lot No. 91762) due to a report of a tablet with twice the appropriate thickness.

Oversized tablets may contain as much as two times the labeled level of active morphine sulfate. The lot was distributed by ETHEX Corporation under an "ETHEX" label between April 16th and April 27th of 2008. No other dosage strength, nor any other lot of the 60 mg strength is affected by this recall.

The voluntary single-lot recall is due to a report that a tablet with as much as double the appropriate thickness was identified and the possibility therefore that there may be other similar oversized tablets that may have been commercially released in the affected lot. Such tablets may contain as much as twice the labeled level of active morphine ingredient. The product is a white oval tablet with "60" on one side, and "E" on the reverse.

No report of unexpected side effects or injury has been received. However, opioids such as morphine have life-threatening consequences if overdosed. Those consequences can include respiratory depression (difficulty or lack of breathing), and low blood pressure. Many patients for whom this product is prescribed are likely to be highly debilitated with reduced strength or energy as a result of illness. As such, they may be less likely to be able to determine that a tablet is overweight or oversized than an unimpaired individual.

Any customer inquiries related to this action should be addressed to ETHEX Customer Service at 1-800-321-1705, or fax to ETHEX Customer Service at 314-646-3751 or sent via email to: customer-service@ethex.com with representatives available Monday through Friday, 8 am to 5 pm CST.

ETHEX Corporation previously initiated the recall notification to wholesalers and retailers who have received any inventory of the recalled lot of this product with instructions for returning the recalled product and, if they have not already done so, they are urged to contact the number above regarding procedures for returning the recalled product. If consumers have any questions about the recall, they should call the number above, their physician, their pharmacist or other health care provider.

This recall is being conducted with the knowledge of the Food and Drug Administration (FDA). Any adverse reactions experienced with the use of this product, and/or quality problems may also be reported to the FDA's MedWatch Program by phone at 1-800-FDA-1088, by Fax at 1-800-FDA-0178, by mail at MedWatch, FDA, 5600 Fishers Lane, Rockville, MD 20852-9787, or on the MedWatch website. at

Lake Country® Lamb Feed Voluntary Recall

Fri, 06 Jun 2008 15:05:33 -0600

Contact: Lydia Botham, 651-481-2123
Dave Karpinski, 651-481-2360

FOR IMMEDIATE RELEASE -- St. Paul, Minn -- June 6, 2008 -- The Land O'Lakes Purina Feed plant in Fremont, Neb., has initiated a limited voluntary recall of two lamb feed products due to higher than acceptable levels of copper.

The products and lot numbers involved in the recall were produced at the Fremont, Neb., feed plant only, and are described as:

LC59 1311317 Lake Country® Honor Show Lamb Grower DX Pellet
LD51 1311319 Lake Country® Honor Show Lamb Starter DX Pellet

Lot numbers range from Jan. 1, 2008, to May 30, 2008, and are listed on the bag as 8JAN01FRE1 to 8MAY30FRE1 inclusive.

Lot numbers are printed on both the tag and sewing strip of each bag. Lot numbers are formatted as follows: Example 8MAY30FRE1 – 8=Year / MAY= Month / 30=Day of Month / FRE1=Plant Code.

The products included in this recall were distributed only in the following areas: Nebraska, north central Kansas, northwest Colorado, southern Minnesota, and western and south central Iowa.

The recall was initiated after receiving a customer complaint regarding the products. In addition, Land O'Lakes Purina Feed stopped producing the lamb feeds at the Fremont, Neb. plant and immediately began product testing.

To date, the presence of copper above acceptable levels has been found, which can cause serious health issues, and at high levels, mortality in sheep.

Retailers have been contacted to quarantine these products and notify customers who purchased the product. The affected product should not continue to be stored or used.

Customers who purchased these products will receive replacement product.

For more information on the product recall, contact Customer Service at 1-877- 585-2365.