Earlier this year, DePuy Orthpaedics, a division of Johnson & Johnson, initiated a worldwide recall of its ASR hip replacement products because of higher-than-expected failure rates. It has been reported that 1 in 8 patients implanted with the recalled hip systems will have to undergo revision surgery within 5 years. A veteran of complex and class action litigation, Arsenault is a frequent speaker and chair of legal conferences. Arsenault’s firm has filed a lawsuit against Johnson & Johnson DePuy and continues to investigate other claims against the makers of the recalled ASR hip replacement systems.

Alexandria, LA (PRWEB) July 1, 2010 — The U.S. Food and Drug Administration should adopt a proactive approach to food safety such as the one outlined in a new report by the Institute of Medicine and National Research Council, says Louisiana food safety advocate Richard J. Arsenault.

The 500-page report, requested by Congress 18 months ago after a rash of foodborne illness outbreaks, states that the FDA’s current “reactive” model makes inefficient use of its limited resources and relies on a case-by-case approach to gathering and using information on risks.

By switching to a “risk-based” approach outlined in the report, the FDA could better identify problems in the food supply and distribution chain, efficiently direct resources to high-risk areas and catch problems before they turn into widespread outbreaks, the report says.

“More than 300,000 people need to be hospitalized and over 5,000 people die from foodborne illness in America every year, and that number of victims is unacceptable when many of these illnesses could have been prevented,” says Arsenault, whose firm, Alexandria-based Neblett, Beard & Arsenault, has represented hundreds of foodborne illness victims throughout Louisiana and across the country.

“The IOM report, for the most part, sets out a vision for how local, state and federal officials can work together to catch problems before they spread and harm innocent consumers, and I think Congress and the FDA should give serious consideration to its recommendations,” Arsenault says. “It’s not a perfect plan, but it serves as a good blueprint.”

The FDA is charged with ensuring the safety of approximately 80 percent of the nation’s food supply, including seafood, fruits, vegetables and dairy products. The federal agency shares food safety responsibility with the U.S. Department of Agriculture, which oversees meat, poultry and egg products, as well as state and local agencies, which inspect food production facilities.

According to the IOM report, the FDA needs to adopt a system that would increase coordination with those other agencies, and it needs more authority to carry out its mission through amendments to the federal Food, Drug and Cosmetic Act – much of which is currently contained in proposed legislation before the Senate.

The report calls for establishing a centralized food safety data center that would collect information, quickly assess risks and take steps to address food safety problems without competing with other agencies for resources.

To enhance its efficiency, the FDA could also delegate food facility inspections to states and establish national standards for the intensity and frequency of those reviews, the report says.

According to the report, this change would build on current practices in which roughly 60 percent of inspections are already conducted by state inspectors, and it would increase the quality of inspections and avoid duplication of efforts.

The report also asks Congress to consider legislation that would specify the FDA’s authority in facility registration, preventive controls, risk-based inspection, mandatory recall, reporting of adulteration and banning of certain food imports if the public’s health is at risk.

“What is significant to me about this report is that a committee of experts has clearly stated that our current food safety system is inadequate and in dire need of change,” Arsenault says. “Improvements need to be made.”

Lifesoy entered into a consent decree of permanent injunction that requires them to immediately stop manufacturing and distributing food products until the sanitary requirements are met and certified by the FDA. Lifesoy makes sweetened and unsweetened soy milk, fresh tofu, fried tofu, soybean pudding and other soy products for human consumption.

This action by the FDA signals faster action against food manufacturers and distributors in efforts to protect consumers from foodborne illnesses.

Food Safety Law Firm Investigates Major Outbreak Of  E. coli Linked To Lettuce

Richard J. Arsenault of Neblett, Beard & Arsenault in Alexandria, Louisiana, says the latest cases of food poisoning undermine public confidence in our nation’s food supply.

As another outbreak of E. coli spreads across the nation, prompting a multistate recall of lettuce products, a nationally known law firm involved in food safety litigation has called for stricter enforcement of food processing rules and regulations.

“E. coli in any food product is unacceptable, and once again we’re seeing an outbreak in a popular and widely distributed food item,” said food safety lawyer Richard J. Arsenault, founding partner at Neblett, Beard & Arsenault in Alexandria, Louisiana.

“This type of recall undermines the public’s confidence in our food supply,” Arsenault said. “It’s imperative that the safety of our food become a top priority.”

On May 6, the U.S. Food and Drug Administration announced a multistate recall of shredded romaine lettuce sold by Freshway Foods of Sidney, Ohio. Tests run by the New York State Public Health Laboratory in Albany discovered the presence of the E. coli 0145 in a package of romaine lettuce.

The recalled romaine lettuce was sold to wholesalers, restaurants, delis, and institutions under the brand names Freshway and Imperial Sysco — in the following states: Alabama, Connecticut, the District of Columbia, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia and Wisconsin.

Consumers who purchased romaine lettuce from in-store salad bars and delis including those at Kroger, Giant Eagle, Ingles Markets, and Marsh stores in the states previously listed should throw the product away, according to a recall notice on the FDA site. Bulk, prepackaged romaine or bagged salad mixes containing romaine that were purchased in supermarkets are not included in the recall; Freshway Foods does not produce those products, according to the FDA.

So far,  victims of the illnesses are mostly college students in Ohio, Michigan and New York, but the outbreak may expand as the recall spreads public awareness of the hazard. As of May 7, there are 19 individuals that have become ill from E. coli O145 with as many as ten other illnesses the CDC suspects are linked. Many of the victims have been hospitalized and three of the victims have developed hemolytic uremic syndrome (HUS), a life threatening complication. The food safety attorneys at the law offices of Neblett, Beard & Arsenault are currently investigating claims on behalf of E. coli victims who believe their illnesses are part of this multistate outbreak.

Fruits and vegetables, like romaine lettuce, can carry pathogens from the soil or water, or become contaminated during processing. Leafy greens are the produce most often associated with foodborne illness. It is not yet known how the lettuce may have become contaminated with E. coli 0145.

“E. coli” is part of a diverse group of bacteria, many of which are harmless or even beneficial; however, shiga toxin-producing strains like E. coli 0145 and E. coli 0157 can be dangerous.  These serotpes produce a poison that can cause the blood to improperly clot resulting in organ failure.

“While studies show that outbreaks of E. coli 0157:H7 are on the decline, it is troubling to think that outbreaks linked other E. coli strains could be taking O157’s place,” concluded Arsenault.

Those state health investigators have many tools at their disposal to determine the cause of the sicknesses and I hope that every weapon at their disposal to find the culprit at Central is used. One of the weapons that health officials can use is Pulsed-field gel electrophoresis (PFGE) technology. PFGE allows scientists to perform DNA “finger printing” of a particular strain of disease-causing bacteria isolated from patients and from suspected food.

When common PFGE patterns are detected, health authorities are able to begin narrowing in on common foods consumed to detect an outbreak.Sometimes the same PFGE is found at the plant, warehouse, manufacturing, slaughterhouse or facility.

I would suspect that we will hear a lot more from state health officials in the next several days about these genetic fingerprinting and other results of their investigations. When and if a common PFGE pattern is found, health officials will start to narrow in on the food-borne pathogen that caused these sicknesses and deaths.

Outbreaks of foodborne illness are on the increase, affecting millions of people each year who unknowingly eat contaminated foods. A recent study suggests that foodborne illness kill 5,000 Americans and cost $152 billion per year. To assist victims of foodborne illness and their families, Neblett, Beard & Arsenault, a nationally recognized injury law firm, is launching an informative Web site called MyFoodAdvocate.com.

“People who have been diagnosed with foodborne illnesses or suspect they have one often have questions about the illness and how they got it,” said Richard J. Arsenault, a partner in Neblett, Beard & Arsenault. “They can find detailed information about the most common foodborne illnesses and foods associated with them at our new Web site.”

The site can be viewed at http://www.myfoodadvocate.com.

Arsenault said the new Web site reflects the high priority that the Alexandria, LA based law firm places on food safety and preventing foodborne illnesses. Foodborne illnesses are surprisingly common, affecting roughly one out of four people in the United States each year. The illnesses often target the most vulnerable members of society—the young, the elderly and those with weakened immune systems.

The new Web site features menu items addressing various aspects of foodborne illness and food poisoning, including pathogens that cause foodborne illness such as Salmonella, and E. coli, specific illnesses, risky foods, who is most at risk, how to protect yourself, where you’re likely to contract foodborne illness and recent outbreaks.

“The frequency and severity of foodborne illness outbreaks are troubling, as some of the nationally publicized cases we’ve handled underscore,” Arsenault said. “You can eat a healthy diet, get exercise and still contract a foodborne illness from contaminated food so everyone is vulnerable. That’s why it’s important to bring more attention to foodborne illness and food safety.”

The Web site contains customized state pages for residents of Louisiana, Texas, Arkansas and Mississippi. The pages have information about recent outbreaks of foodborne illness in each state and contact information for state health authorities and regulatory agencies that track foodborne illness. A video on the Web site features an interview with Arsenault about foodborne illness.

Even scarier is that some of the tested foods were labeled “BPA free”. The FDA has been conducting a review of the scientific evidence and expects to make a decision by the end of the month. Can linings, baby bottles and sippy cups are the likely products to be targeted.

The marketing arm of the manufacturing industry, the American Chemistry Council insists the BPA exposure levels are low and within safety standards despite several countries already banning its use. Six major U.S. retailers have voluntarily removed BPA-containing baby bottles from their shelves earlier this year.

Hopefully the FDA will make the correct decision and ban BPA from the US market. The manufacturers have safer alternatives and should not put the safety of their customers at risk with dangerous and defective products.

We reported yesterday on our sister blog NBAFoodAdvocate that Plainview Milk Products recalled several products manufactured over the last two years because of the discovery of Salmonella contamination both within product and on food-processing equipment (see Salmonella Recall: Plainview Milk Products… for details).

Let’s give one point to Dunkin’ Donuts for speedily taking potentially Salmonella-contaminated beverages out of reach of consumers’ innocent hands. However, to be thorough, perhaps we should mark up a point against Dunkin’ for sourcing supplies from a company that can’t say with confidence that its past two years of product are Salmonella-free.

FDA CONFIRMS E. COLI O157:H7 IN PREPACKAGED NESTLÉ TOLL HOUSE REFRIGERATED COOKIE DOUGH

Today, the U.S. Food and Drug Administration announced that it has found E. coli O157:H7 (a bacterium that can cause serious food borne illness) in a sample of prepackaged Nestlé Toll House refrigerated cookie dough currently under recall by the manufacturer and marketer, Nestlé USA.  The contaminated sample was collected at Nestlé’s facility in Danville, Va. on June 25, 2009. 

On June 19, the FDA and the U.S. Centers for Disease Control and Prevention warned consumers not to eat any varieties of prepackaged Nestlé Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7.  The warning was based on an epidemiological study conducted by the CDC and several state and local health departments. As of Thursday, June 25, the CDC reports that 69 persons from 29 states have been infected with the outbreak strain. Thirty-four persons have been hospitalized, nine with a severe complication called hemolytic uremic syndrome. No one has died.

Further laboratory testing is needed to conclusively link the E. coli strain found in the product to the same strain that is causing the outbreak.

E. coli 0157:H7, is a dangerous, sometimes deadly strain of the E. coli bacteria.  E. coli 0157:H7 can cause intestinal bleeding, bloody diarrhea, vomiting, extreme nausea and cramping.   Infection can also cause hemolytic uremic syndrome (HUS), a sometimes fatal secondary condition that destroys red blood cells and causes renal failure.  E. coli infection and HUS are especially dangerous to children; shockingly two-thirds of the victims in this outbreak are under the age of 19.

E. coli O157:H7 in any food product is unacceptable, but in cookies, it’s particularly problematic because many of the consumers are very young.  That is a population that is particularly vulnerable to the most tragic consequences of the E .coli poisoning.

We applaud such a responsible step by a corporate citizen like Kroger . . . It is unfortunate that a grocer has to take these efforts, but  it is a part of doing business when there is lax regulatory enforcement, etc.  Hopefully soon grocers and  customers can have more confidence in the products they sell and buy . . . .

ATLANTA, GA – 6/23/09 - In Fulton County, Georgia, a lawsuit is being filed on behalf of a 7-year-old Georgia girl who developed E. Coli after handling and baking Nestle Toll House cookies with her grandfather.  The suit is being filed by the girl’s attorneys Richard J. Arsenault and J. R. Whaley, of food safety law firm Neblett, Beard & Arsenault, and attorney Brian Cigelske, of the Carterville, GA based law firm McCain Cigelske.

“E. coli O157:H7 in any food product is unacceptable, but in cookies, it’s particularly problematic because many of the consumers are very young.  That is a population that is particularly vulnerable to the most tragic consequences of the E .coli poisoning,” said food safety lawyer Richard J. Arsenault.

Neblett, Beard & Arsenault has been contacted by multiple victims affected by this outbreak and is gathering information through the FDA, CDC and other health and safety organizations on behalf of their clients.

“Our firm has been contacted by many consumers that suspect they’ve been similarly exposed. We will continue to investigate and carefully evaluate each and every contact we receive,” Arsenault said.

According to the CDC, 70 people in 30 states have become sickened with a particular strain of E. Coli 0157:H7 between March and June 2009.  Of those interviewed by health investigators, most patients reported handling Nestle Toll House cookie dough products.

E. Coli 0157:H7, is an especially dangerous, sometimes deadly strain of the E. Coli bacteria.  E. coli 0157:H7 can cause intestinal bleeding, bloody diarrhea, vomiting, extreme nausea and cramping.   Infection can also cause hemolytic uremic syndrome (HUS), a sometimes fatal secondary condition that destroys red blood cells and causes renal failure.  E. coli infection and HUS are especially dangerous to children; shockingly two-thirds of the victims in this outbreak are under the age of 19.

“This type of recall shakes the public’s confidence in our food supply.  It’s imperative that the safety of our food become a top priority for industry and our government.  E Coli is a dangerous illness and right now it is attacking many of our most vulnerable citizens,” concluded Arsenault.

About Neblett, Beard & Arsenault

Neblett, Beard & Arsenault is a nationally recognized law firm with over 25 years representing victims across the country in food borne illness and other injury litigation. Arsenault and his partners have secured billions of dollars in recoveries for injury victims. Arsenault has represented victims in some of the nation’s largest litigation and was recognized by the National Law Journal for securing one of the largest individual injury verdicts in the U.S.  The firm actively represents victims of food borne illness litigation including those affected by Peanut Corporation of America (PCA) salmonella outbreak.

The most recent information from the CDC accounts for 70 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint, reported from 30 states (Connecticut and Georgia join the list, while Arkansas is removed). Of the total 70, 41 have been confirmed by an advanced DNA test as having the outbreak-specific strain of E. coli O157:H7. The age range has increased to 65, with 66% of victims under the age of 19, and 75% female. Thirty people have been hospitalized, and seven have developed hemolytic uremic syndrome (HUS). Fortunately, no deaths have yet been reported related to this outbreak.

We’ll continue to report the most up-to-date information on this national E. coli O157:H7 outbreak, so keep checking back for the latest.

These dads and moms were shocked that something as wholesome as cookies that they baked and ate with their kids could contain animal feces and may have caused their kids’ sicknesses, including bloody diarrhea, abdominal cramping, fever and other serious symptoms. Most people recover from E. Coli O157:H7 poisoning within a week, but some, particularly the very young and very old, can develop a life-threatening type of kidney failure called hemolytic uremic syndrome (HUS). We represent victims of HUS and its impact can be deadly.

Lots of these parents were just looking for answers to questions raised by the FDA’s announcement that as of Thursday, June 18, 2009, 65 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 29 states and that those infections had been epidemiologically linked to eating Nestlé’s raw cookie dough. I gave many of them the same advice that the Center for Disease Control (CDC) provided the same day as the FDA announcement. I wanted to pass this advice along:

1. Do not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7.
2. If you have any prepackaged, refrigerated Nestle Toll House cookie dough products in your home, do not use it. Return it to the grocery store for a full refund.
3. Do not cook the dough because you might get the bacteria on your hands and on other cooking surfaces.
4. If you recently ate prepackaged, refrigerated Toll House cookie dough and have experienced any of symptoms consistent with E. Coli poisoning, you should contact your doctor or health care provider immediately. Any such illnesses should be reported to state or local health authorities.
5. In general, do not eat raw food products that are intended for cooking or baking before consumption.
6. Use safe food-handling practices when preparing such products, including following package directions for cooking at proper temperatures; washing hands, surfaces, and utensils after contact with these types of products; avoiding cross contamination; and refrigerating products properly.

Unfortunately, we cannot be too careful about the foods we let our kids eat. Please follow the advice of the CDC and start, if you have not done so already, to advocate for serious reform of our food industry. No one should be worried that enjoying cookies with their kids could turn deadly.

Nestle Toll House Cookie & Brownie Dough E. Coli 0157:H7 Recall:

COOKIE & BROWNIE DOUGH BAR
Chocolate Chip bar 16.5oz 0 50000 62231 3
Chocolate Chip bar 16.5oz 0 50000 11308 8
Chocolate Chunk bar 16.5oz 0 50000 62235 1
Walnut Chocolate Chip bar 16.5oz 0 50000 62233 7
Jumbo Chocolate Chip bar 16.5oz 0 50000 62237 5
Oatmeal Raisin bar 16.5oz 0 50000 06219 5
Sugar Cookies bar 16.5oz 0 50000 62244 3
Sugar Cookies bar 16.5oz 0 50000 12178 6
Mini Chocolate Chip bar 16.5oz 0 50000 62242 9
Mini Chocolate Chip bar 16.5oz 0 50000 12188 5
Mini Brownie Bites bar 16oz 0 50000 62227 6
Fudgy Brownie With Peanut Butter Filling 19oz 0 50000 00820 9

COOKIE DOUGH TUB
Chocolate Chip tub 40oz 0 50000 62246 7
Chocolate Chip tub 80oz (5 lb) 0 50000 00934 3
Sugar tub 40oz. 0 50000 62253 5
Gingerbread tub 40oz 0 50000 44060 3
Peanut Butter tub 40oz 0 50000 44062 7

TUBE (CHUB) DOUGH
Chocolate Chip tube 16.5oz 0 50000 62239 9
Chocolate Chip tube 32oz 0 50000 00400 3

ULTIMATES COOKIE BAR DOUGH
Ultimates Peanut Butter Cups, Chips & Chocolate Chunks bar 16oz 0 50000 00922 0
Ultimates White Chip Macadamia Nut bar 16oz 0 50000 00923 7
Ultimates Chocolate Chip & Chunks with Pecans bar 16oz 0 50000 00925 1
Ultimates Chocolate Chip Lovers 16oz 0 50000 00926 8
Ultimates Turtles bar 16oz 0 50000 00928 2
Ultimates Peanut Butter Lovers bar 16oz 0 50000 00507 9
Ultimates Chocolate Chip with Caramel Filling bar 16oz 0 50000 44066 5
Ultimates Chocolate Chip with Chocolate Filling bar 16oz 0 50000 44069 6

SEASONAL COOKIE & BROWNIE DOUGH
Valentine Hearts Sugar Cookie Shapes 15.5oz 0 50000 12009 3
Valentine Swirled Chocolate Chip bar 16oz 0 50000 00931 2
Fudgy Brownies With Raspberry Filling 19oz 0 50000 20090 0
Easter Eggs Sugar Cookie Shapes 15.5oz 0 50000 52009 1
Easter Swirled Chocolate Chip bar 16oz 0 50000 00932 9
Easter Swirled Mini Brownie Bites bar 18 oz 0 50000 20093 1
Red, White & Blue Swirled Choc Chip bar 16oz 0 50000 00937 4
Halloween Pumpkin Pals Sugar Cookies 13.5oz 0 50000 06217 1
Halloween Swirled Chocolate Chip bar 16oz 0 50000 00929 9
Halloween Swirled Fudgy Brownies bar 18oz 0 50000 00088 3
Christmas Shapes Sugar Cookies 15.5oz 0 50000 00505 5
Christmas Swirled Chocolate Chip bar 16oz 0 50000 00930 5
Christmas Swirled Fudgy Brownies bar 18oz 0 50000 00089 0
Limited Edition Mint Swirled Chocolate Chip 16oz 0 50000 00827 8

Discontinued Varieties
Valentine Hearts Sugar Cookies 13.5oz 0 50000 44056 6
Easter Brownie Bar 18oz 0 50000 00518 5
Easter Bunnies Sugar Cookies 13.5oz 0 50000 44058 0
Halloween Sugar Shapes 15.5oz 0 50000 00829 2
Christmas Sugar Cookie Tube 16oz 0 50000 00448 5
Oatmeal Cranberry Cookie Tub 48 oz. 0 50000 62229 0

Infection with E. Coli 0157:H7 can lead to a serious, potentially deadly condition, known as hemolytic uremic syndrome (HUS).  HUS is a secondary condition usually caused by E. coli 0157:H7 that destroys red blood cells and causes renal failure. E. Coli 0157:H7 is a particularly virulent strain of the E. Coli bacteria.

Infections with E. Coli 0157:H7 are especially dangerous to children, the elderly and those with compromised immune systems.  E. Coli 0157:H7 can also cause hemolytic uremic syndrome (HUS).