Lettuce and Spinach

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Lettuce and Spinach

• 21 E. coli outbreaks since 1995
• At least 1,000 reported illnesses and 7 deaths
• Fresh or fresh-cut lettuce or spinach implicated
  as outbreak vehicle

• 8 outbreaks traced back to produce from Salinas,
  California

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Recent E. coli Outbreaks
Produce from all three outbreaks came from
Californias Salinas Valley.

• July 2002 WA Dance Camp
• 50 dance campers sickened, several hospitalized,
  one with life-long kidney damage
• Pre-washed lettuce
• September 2003 CA Restaurant
• 40 patrons ill
• Salads prepared with bagged, pre-washed
  lettuce
• October 2003 CA Retirement Center
• 13 residents sickened, 2 died
• Pre-washed spinach

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2005 Dole E. coli Outbreak

• 23 laboratory-confirmed cases of E. coli O157H7
  7 epi-linked cases
• Sept. 16 to Sept. 30 onset
• 2 cases of HUS

• Cases in MN, OR, and WI
• Statistically associated with eating Dole
  pre-packaged lettuce
• Smoking Gun found in bag

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FDA Adulterated 2005

• FDA cited to research linking some or all of the
  outbreaks to sewage exposure, animal waste, and
  other contaminated water sources

In light of continuing outbreaks associated with
fresh and fresh-cut lettuce and other leafy
greens, particularly from California, we are
issuing this second letter to reiterate our
concerns and to strongly encourage firms in your
industry to review their current operations.

• FDA considers adulterated any ready to eat
  crops produced under unsanitary conditions
  402(a)(4) of the Food, Drug, and Cosmetic Act

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2006 Wendys E. coli Outbreak

• Utah - June 2006
• E. coli O21H19 only 4 culture-positive cases,
  although over 50 cases probable
• 3 HUS, 2 adult women, 1 with 30 days in hospital,
  the other with 4 months of dialysis
• Likely lettuce from California

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2006 Dole E. coli Outbreak

• 205 persons infected with outbreak strain of E.
  coli O157H7 from 26 states
• 102 hospitalized
• 31 developed HUS
• Five deaths

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2006 Dole E. coli Outbreak

• E. coli O157H7
• Isolated from 13 packages of Dole spinach
• DNA fingerprints of all 13 match the outbreak
  strain of ill people
• Same strain found on 1 of 4 farms that supplied
  spinach to a single manufacturing facility on a
  particular day - cow pies, water source and wild
  pig gut
• Other E. coli strains have now been isolated
  human and bags

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2006 Taco E. coli Outbreaks

• At least 150 sickened in 7 States
• Dozens hospitalized
• Several HUS cases
• Two outbreaks separated by a few weeks
• Different suppliers and growers
• Lettuce grown in California

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2006-2007 Peanut Butter Salmonella Outbreak

• CDC Figures as of June, 2007
• 714 culture-positive illnesses from 44 states
• 71 hospitalized
• Illnesses reported 2005 to late 2007

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2006-2007 Peanut Butter Salmonella Outbreak

• Marler Math
• CDC estimates that over 30 times the number of
  confirmed cases are never reported. Likely
  number of cases from peanut butter

30 x 714 21,420
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Pot Pies

• 272 isolates of Salmonella I 4,5,12i- with
  an indistinguishable genetic fingerprint have
  been collected from ill persons in 35 states. To
  date, three of these patients pot pies have
  yielded Salmonella I 4,5,12i- isolates with a
  genetic fingerprint indistinguishable from the
  outbreak pattern

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Hamburger Its Back

• In 2007 - 21 recalls, ground beef companies have
  recalled more than 33 million pounds of E. coli
  O157H7-contaminated meat

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Outbreaks Linked To Unpasteurized Milk

• 1994 18 ill with E. coli O157H7
  pasteurized milk
• 1998 55 ill with E. coli O157H7 fresh
  cheese curds
• 2001 75 ill with Campylobacter raw milk
• 2003 62 ill with Salmonella raw milk
• 2005 18 ill with E. coli O157H7 raw milk
• 2006 6 ill with E. coli O157H7 raw milk
• 2006 27 ill with Campylobacter raw milk
• 2006 2 ill with Campylobacter raw milk

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Civil Litigation - How it Works

• Strict Liability
• The only defense is prevention
• Wishful thinking does not help
• If you manufacture a product that causes someone
  to be sick you are going to pay

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What Will a Jury Think?
A Jury

12 Consumers
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Questions?

• See www.marlerblog.com

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