If You’ve Been the Victim of Food Poisoning, Consider Hiring a New York Food Poisoning Lawyer

January 3rd, 2012

If you’ve been made ill by spoiled or improperly processed food, you know that this can be a significantly unpleasant experience. Although most food poisoning cases are relatively mild and relatively easy to recover from, there are some cases where you can become seriously ill, particularly if you belong to a high-risk group.  These groups include very young children, those who are elderly and individuals with a weakened immune system.  In some cases, pregnant women are at a higher risk of developing serious complications from food poisoning.

Food poisoning can happen for a number of reasons, but the most common for manufacturers is that foods are improperly prepared, processed, or distributed. Produce, for example, can easily become contaminated with E coli, salmonella, or shigella. Meat and eggs are also easily contaminated. If food is cooked and then left unrefrigerated for more than a couple of hours, that invites bacteria to grow and can cause illness. If you’re made ill by a manufacturer’s or food handler’s improper handling of food, you may be eligible for damages; hire a New York food poisoning lawyer to represent you in your case for the best outcome possible.

Food preparers and manufacturers are bound by law to follow certain procedures that ensure the food is protected every step of the way so that contamination does not occur. Whether the organization responsible is a restaurant, farm, factory, or other entity, you may have a case for a New York food poisoning lawyer if you’ve been made ill and can pinpoint the source.

Most often, these organizations ignore one or more steps along the continuum that are meant to ensure food stays safe and sanitary. When these procedures are ignored, contamination can occur; whether through bacterial growth or the introduction of viruses, parasites, and other contamination causing the illness, results can be very serious, even resulting in death or permanent injury.

If you’ve been the victim of food poisoning, contact a New York food poisoning lawyer immediately. He or she will review your case at no charge, and then will accept it if it has merit.

To successfully claim food poisoning injuries that result in a jury award or settlement in your favor, you must:

* Prove fault, in that the defendant did something wrong with flat pricing, storage and handling, or preparation.

* Show causation, in that the defendant was responsible for the food’s contamination, and that further, the contamination caused the illness.

* You must also be able to prove damages, which are the losses you, the victim, suffered because you consumed contaminated food.

Your New York Food poisoning lawyer will make sure your case has the relevant facts it needs to be supported in court, and then will help you obtain compensation for your pain, suffering, lost wages, medical expenses as a result of the food poisoning lawyer, and perhaps compensation for lasting injury.

Ready Pac Foods Recalls Bagged Salad Due to Potential E. Coli Contamination

January 3rd, 2012

On November 18th, the FDA announced that Ready Pac Foods Inc. of Irwindale, CA was recalling bagged salad products that included Romain lettuce as the primary ingredient.  In total, 5,379 bags of the salad products were recalled due to the potential of being contaminated with E. Coli O157:H7.  All of the products included in the recall have a use-by date of November 18, 2011.

The bagged salad products were distributed to 15 states including California, Alaska, Colorado, Arizona, Idaho, Nebraska, Hawaii, Montana, New Mexico, South Dakota, Nevada, Oregon, Texas, Washington and Wyoming.  As of November 18th there were no other Ready Pac products included in the recall.  So far there have been no illnesses reported in relation to these products.  Ready Pac voluntarily recalled these products after it was reported to the company by the FDA that a single random sample tested positive for E. Coli.

Products included in the recall:


10oz. Ready Pac Caesar Romaine 0-77745-00202-6
9.25oz Ready Pac Santa Fe Caesar Complete Salad 0-77745-21404-7
10oz. Ready Pac Classic Caesar Complete Salad 0-77745-20566-3
10oz. Ready Pac Bella Romaine 0-77745-21407-8
10oz. Dining In Classic Caesar Salad Kit 0-11225-02530-3
10oz. Raley’s Caesar Romaine 0-46567-71642-8
10oz. Trader Joe’s Romaine Salad 0013-2145
16oz. Trader Joe’s Very American Salad 0020-7225
10oz. Safeway Farms Caesar Romaine 0-21130-98350-6
9oz. Safeway Farms Hearts of Romaine 0-21130-98358-2
10oz. Safeway Farms Complete Caesar Supreme 0-21130-33677-7
10.25oz Safeway Farms Complete Southwestern Ranch 0-21130-33679-1

The FDA recommends that consumers who may still have the bagged salads dispose of them immediately; UPC codes can be found on the back side of the bags.  Consumers who have purchased the products can request a full refund by contacting the Ready Pac Consumer Affairs representative between the hours of 8 a.m. and 5 p.m. Pacific Time, Monday through Friday at 800-800-7822.

As experienced New York food poisoning attorneys, we know that while most healthy individuals experience only minor symptoms that last a few days, some individuals are at an increased risk of serious or even life-threatening complications.  Those individuals include the very young, elderly or those with a weakened immune system.  A serious complication of E. Coli food poisoning is HUS or Hemolytic Uremic Syndrome, a disease that poses a substantial threat to children and affects the kidneys as well as other organs.

If you have become ill after consuming foods tainted with E. Coli or other foodborne pathogens, you may be entitled to compensation of costs related to your illness.  Contact a New York injury attorney at Brown Chiari today for a free evaluation of your claim.

St. Louis Area E. Coli Outbreak Leaves 27 Sickened – Source Still Unknown

November 20th, 2011

In recent weeks, E. Coli related illnesses have grown in the St. Louis and surrounding areas, although the source of the outbreak is still undetermined.  To date, 27 people have become ill after contracting E. Coli, a group of bacterial strains found in the intestines and related to contaminated foods.

Although the source is not known at this time, St. Louis County Health Departments spokesman John Shelton said recently that it appears to be a virulent strain.  In 9 days, the number of illnesses related to the E. Coli outbreak rose from 22 to 27.  E. Coli is generally spread through unpastuerized milk, consuming tainted foods or contaminated water, or by coming in contact with feces of infected individuals.

On October 31st, Schnucks stores made a voluntary decision to remove certain items from their salad bars after some individuals who became ill reported that they had eaten from the bars.  Schnucks has not been named as a source of the E. Coli, but their food safety department is taking every possible precaution to ensure the safety of consumers.  So far, no foods that have been tested in regards to Schnucks stores have been found to be positive for E. Coli.

The Missouri Department of Health and Senior Services is proactively investigating the cause of the outbreak; the agency is leading a team of local, state and federal health experts in the investigation, which involves environmental sampling, interviews with those that have reported illness, and laboratory analysis.

Luckily, no one has developed complications from their illness thus far.  Hopefully the source of the E. Coli bacteria will be revealed soon.

Brown Chiari invites those who have become ill after consuming foods possibly contaminated with E. Coli to contact our New York personal injury attorneys for an evaluation of your claim.

E. Coli Outbreak in Wisconsin Remains a Mystery

November 20th, 2011

Since mid-July, 12 individuals have become ill and one has died in Green County, Wisconsin due to E. Coli food poisoning bacteria.  Although no food or water source has been identified as the cause of the outbreak, public health officials recently stated that it was believed that improper hand washing is to blame for the spread of the bacteria.  Most of those who have become ill are under 6 years old, according to Officer RoAnn Warden of the Green County Health Department.

Just a few days ago, two Monroe elementary school children were hospitalized with E. Coli O157:H7 infections.  According to officials, the children had the same strain of bacteria responsible for all of the related illnesses that have been occurring since mid-July.  While it seemed that the outbreak was contained between July and the first week of September, several weeks later three more kindergarten students were confirmed to have the infection.  All three attended Lincoln Elementary School.

On Friday, October 21st, a press release was issued by the Green County Health Department regarding testing of 4K and kindergarten students.  The press release stated that parents and guardians of all children attending Abe Lincoln Elementary School who are in the 4K and kindergarten group are required to have their children tested for the E. Coli O157 bacterium.  This is an effort by the county to help stop the spread of the bacteria at the school.

While the source of the E. Coli outbreak has yet to be determined, health department officials urge thorough handwashing after visiting the restroom and before preparing foods.  It is believed that inadequate handwashing is the primary reason that the bacteria has spread through kindergarten children.

Young children are typically some of the hardest hit victims when it comes to food poisoning.  While most healthy adults experience mild symptoms which may include nausea, abdominal pain, diarrhea, vomiting and fever, some individuals are an increased risk of developing serious or life-threatening complications.  These include the elderly, young children and those with a weakened immune system.

The New York product liability attorneys at Brown Chiari work aggressively to protect victims of food poisoning.  Contact us today for a free evaluation of your claim.

Tyson Fresh Meats Recall Over 131,000 Lbs. of Ground Beef Products Due to Possible E. Coli Contamination

October 20th, 2011

On September 27th, Tyson Fresh Meats, Inc. announced that the company was recalling approximately 131,300 lbs. of ground beef products.  The recall was announced due to the possibility that the ground beef products are contaminated with E. Coli O157:H7.  Tyson Fresh Meats is an Emporia, KS establishment.

The problem was revealed when the FSIS was notified by the Ohio Department of Health that E. Coli illnesses had been detected in Butler County.  As the investigation continued, ground beef samples were collected from the patients’ homes.  These samples were tested by the Ohio Department of Agriculture and were found to be positive for E. Coli O157:H7.

All of the ground beef products included in this recall have a “BEST BEFORE or FREEZE BY” date of Sept. 12, 2011.  An establishment number of 245D is also inked along the package seam.

Products involved in the recall include:

*    Butcher’s Brand 3-pound chubs “GROUND BEEF 73% LEAN – 27% FAT,” packed in 36-pound cases each containing 12 chubs. Cases bear an identifying product code of “D-0211 LWIF.” These products were produced on Aug. 23, 2011 and were shipped to distribution centers in North Carolina and South Carolina for retail sale.

*    Generic label 3-pound chubs “GROUND BEEF 73% LEAN – 27% FAT,” packed in 36-pound cases each containing 12 chubs. Cases bear an identifying product code of “D-0211 LWI.” These products were produced on Aug. 23, 2011 and were shipped to distribution centers in Delaware, Florida, Georgia, Maryland, Illinois, Indiana, Missouri, New York, Ohio, Tennessee, Texas and Wisconsin for retail sale.

*    Kroger brand 5-pound chubs  “GROUND BEEF 73% LEAN – 27% FAT,” packed in 40-pound cases containing eight chubs. Cases bear an identifying product code of “D-0211 QW.” These products were produced on Aug. 23, 2011 and were shipped to distribution centers in Indiana and Tennessee for retail sale.

The FSIS warns that some consumers may have this product in their freezers, and that any of the recalled beef products found in the home should be discarded immediately.

Brown Chiari is a New York food poisoning law firm dedicated to protecting the rights of our clients and seeking justice.  Contact one of our New York E. Coli food poisoning attorneys us today for a free evaluation of your case.

Brown Chiari is a team of Buffalo injury attorneys assisting injury victims with legal claims against insurance companies and the parties liable for your injuries.

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Jaquith Strawberry Farm Source of E. Coli Outbreak in Oregon That Has Sickened 14 and Left 1 Dead

October 20th, 2011

According to Oregon Public Health Division officials, deer feces found in strawberry fields in Yamhill and Washington counties were the source of E. Coli infections that have left at least 15 people sick and one dead in July.

Oregon residents who were sickened were those in Clatsop, Multnomah and Washington counties.  Seven of the 15 who became ill required hospitalization, and the individual who died was an elderly woman from Washington County who succumbed after suffering kidney failure associated with the E. Coli infection.

Oregon Public Health Division researchers found that six samples collected of deer feces matched the strain of the bacteria found in those who were sickened.  Investigators aren’t certain why E. Coli has never been revealed in strawberries in the United States before due to the fact that they have known for over 15 years that deer can carry the E. Coli bacteria.  E. Coli has commonly been found in other crops including sprouts, apple cider and spinach.

Dr. Katrina Hedberg, Oregon’s state epidemiologist, said that researchers are still uncertain about why the outbreak occurred at this place and time, and that perhaps the exceptionally wet and cold summer experienced this year may have factored in to the feces coming in contact with the strawberries.

The locations where the tainted strawberries were sold include numerous farmers’ markets and retail outlets including Hand’s Berry Stands, Lana Dee Farms, Lee Farms and Fir Point Farms, Valley Berry Farms and numerous other roadside/farm stands.  A complete list can be found at http://www.oregon.gov/ODA/FSD/strawberries.shtml.

Berries that have not been implicated in this E. Coli outbreak include strawberries sold since August 1st, 2011, strawberries sold in grocery stores, those grown in southwest Washington State, strawberries picked at Acquit Strawberry Farm’s U-pick field and various types of berries other than strawberries.

Consumers who may have the frozen berries in their freezers are urged to discard them.  None of the contaminated strawberries remain on the market.

E. Coli food poisoning infection is one form of food poisoning that leave most individuals with only mild “stomach-flu” like E. Coli symptoms, but some individuals are at increased risks of developing serious complications such as kidney failure.

Those who have become ill after eating potentially contaminated foods should contact the food poisoning attorneys New York at Brown Chiari.  Call us today for a free evaluation of your case with one of our talented injury attorney Buffalo.

40,000 Lbs. of Ground Beef Products Recalled By Amarillo, TX Company Due to Possible E. Coli Contamination

October 20th, 2011

On September 23rd, an Amarillo, Texas establishment announced that it is recalling approximately 40,000 lbs. of ground beef products due to potential contamination with E. Coli O157:H7.  The announcement was made by the USDA’s Food Safety and Inspection Service.

The problem was revealed following routine testing; lab results confirmed that the beef tested positive for E. Coli O157:H7 on September 22nd.  It is believed that the beef products made it in to commerce because of a sample tracking error.  The beef products being recalled were produced on September 9th of this year and shipped to two warehouses in Georgia where they would be further distributed to institutions including six school districts which participate in the National School Lunch Program.  At the time of the recall, the FSIS was not aware that any of the contaminated products had been served in school lunches, and there are no reports of illness at the current time.

The ground beef products included in this recall bear a production code of 19110, and each case bears “Est. 7282″ inside the USDA mark of inspection as well.  The recalled beef products are packaged in 40 lb. boxes, each box containing four 10 lb. chubs.

For effective E. Coli prevention, ground beef should always be cooked thoroughly in order to kill all potentially harmful bacteria, and should never be eaten when pink or rare.  Safe food handling practices should also be followed; hands, surfaces and all utensils should be thoroughly washed and disinfected after handling raw meat.

E. Coli O157:H7 is potentially deadly, particularly to those individuals with compromised immune systems or who are very young or elderly.  E. Coli Symptoms include dehydration, abdominal cramps, nausea and diarrhea, sometimes bloody in nature.

Those who have become ill after eating foods that are contaminated with E. Coli food poisoning or other bacteria should seek medical attention for E. Coli treatment; you may also be entitled to compensation of costs associated with your illness.

Contact the New York E Coli Food Poisoning attorneys at Brown Chiari for a free Buffalo NY Attorney evaluation of your case.

Bean and Seed Sprouts Source of E. Coli Outbreak in Germany; Rarer Forms Now a Concern in United States

August 8th, 2011

After weeks of E. Coli illnesses that have taken 35 lives in Germany, left 3,255 ill and 812 with kidney failure, it has been determined that bean and seed sprouts are the source of the E. Coli bacteria.  Previously it was thought that the illnesses could be originating from cucumbers, tomatoes or lettuce.  It could well have been that eating the salad ingredients in combination with sprouts led to the confusion of which foods were actually to blame.

Now it has been found that rarer forms of E. Coli are being detected in the United States.  Recently, federal officials stated that national monitoring of foodborne illnesses revealed that a growing number of illnesses last year from a group of rare E. Coli bacteria related to the highly dangerous strain that has been sweeping across Germany.

It seems that the most common form of E. Coli affecting U.S. citizens, O157:H7, was not the predominant strain in the year 2010.  Those rarer strains recently found in Germany accounted for more illnesses during this time period.  These statistics are probably due to the fact more laboratories in the U.S. have begun testing for the presence of these rare strains.  Thankfully, the rarer strains of E. Coli detected in individuals in the U.S. have led to fewer deaths and less illness than E. Coli O157:H7 typically causes.

This new information demonstrating an increase in rare forms of E. Coli in the U.S. may add fuel to the growing debate about whether government officials should require meat packers to test for these rarer strains, and whether it should be made illegal to sell beef products that contain the bacteria.

New rules have been drafted by the Agriculture Department concerning the non-O157 forms of E. Coli, but these new rules have been stalled in review by the Obama administration.   If you fear you have acquired food poisoning, make sure that you obtain treatment as soon as possible, but first and foremost always be careful to understand the diagnosis and use methods of E. Coli prevention to protect your health.

Food poisoning involving E. Coli food poisoning bacteria typically causes symptoms that include bloody diarrhea, stomach tenderness or cramps and nausea sometimes accompanied by vomiting.  Young children, pregnant women and the elderly are most at risk of developing serious complications such as HUS (hemolytic-uremic syndrome), a condition that often leads to kidney failure.

Brown Chiari is a team of New York food poisoning lawyers dedicated to protecting the rights of our clients.  Contact us for a free evaluation of your case.

Should U.S. Citizens Be Concerned About the Recent E. Coli Outbreak in Germany?

August 8th, 2011

Many U.S. citizens are concerned following a deadly outbreak of E. Coli in Germany recently.  While it was first thought that the E. Coli food poisoning originated with cucumbers, those living in northern Germany are now being warned against eating raw vegetables period.  No salads, tomatoes, cucumbers, etc. If you ever become ill from food poisoning, it is smart to obtain a diagnosis of your illness and if necessary obtain E. Coli Treatment for risk prevention. You can learn about common E. Coli symptoms here.

Dr. Jorg Debatin, director of the Hamburg Medical Center, stated that “At this point, we still have to assume it has something to do with vegetables.”  Debatin stated to CNN on June 3rd that the source is still a mystery.  In recent days, several individuals in the U.S. have become ill with E. Coli, but these individuals had visited Germany and are believed to have contracted it there.

In what is now being called the deadliest outbreak of E. Coli, at least 19 have died in Europe and about 2,000 are believed to be infected in at lease 12 countries according to the World Health Organization.   Authorities are investigating, and believe they may be getting closer to determining the source of the potentially deadly bacteria.  Bean sprouts were suspected recently, but officials say it’s still to early to say precisely what the source of the E. Coli is.

Thus far there have been 573 cases of hemolytic uremic syndrome (HUS) confirmed in Europe.  HUS is a form of kidney failure; this is the highest number of cases ever recorded in an outbreak of E. Coli worldwide.

Should citizens in the U.S. be concerned about becoming infected with E. Coli?  Probably not.  Since the origin of the outbreak has yet to be determined and began in Europe, it isn’t likely that anyone in the U.S. will contract food poisoning, which isn’t contagious from one person to another.  Even though a few individuals who visited Germany have returned to the U.S. with the illness, there is no cause for alarm.

Additionally, tomatoes, lettuce and cucumbers imported to the U.S. from Spain and Germany will be tested prior to being sold in the U.S. according to David Elder of the FDA.  Only a small amount of produce sold in the United States each year originates from Germany and Spain.

Hopefully the source of this outbreak will be determined soon before more people become ill or possibly lose their lives in Europe.

Brown Chiari is a team of Buffalo food poisoning lawyers dedicated to protecting the rights of our clients.  Contact one of our Buffalo personal injury attorneys for a free evaluation of your case.

E. Coli O111 Outbreak Takes Four Lives in Japan

August 8th, 2011

Central Japan is where 56 people (some reports claim as many as 70) have become ill and 4 people have died recently due to an outbreak of E. Coli O111.  Two of the fatalities were children.  According to reports in the media, one pre-school age boy was hospitalized after becoming ill on April 21st.  He died six days later.  The second boy fell ill on April 24th and died on April 29th.

A chain restaurant by the name of Yakiniku-zakaya Ebisu that is run by Foods Forus Co. seems to be the source of the food poisoning.  Both boys who died were infected with an identical strain of E. Coli O111, and both had eaten at the chain restaurant.  Since the outbreak, all 20 restaurants have been closed.

The common thread in this tragedy seems to be yukhoe, a Korean dish that contains raw beef and is said to be similar to tartare.

In addition to the two boys, two women died after eating the same dish at Yakiniku-zakaya Ebisu.  Nineteen of the remaining 56 cases of food poisoning were said to be serious with victims having “critical symptoms” according to reports.

The health ministry in Japan requires that raw meat be tested for bacteria.  The president of Foods Forus Co., Yasuhiro Kanzaka, acknowledged that the company had not tested raw meat for bacteria over the past two years.  Kanzaka is quoted in reports as stating that the company assumed that the meat they used would always be bacteria-free because they had never had a positive result in previous bacteria tests.

The type of E. Coli involved in this outbreak is a type that is not routinely tested for in the United States.  It is evidently very deadly, so perhaps leaders in the food safety industry should take a closer look.  The USDA may be moving at a faster pace following this nightmare, which should actually bring about changes in our own country.  It would be tragic for the U.S. to do nothing until such a disaster strikes in our own country.

Food poisoning is typically not serious in normal, healthy adults.  However, certain people are at an increased risks of serious complications and even death.  These individuals include the elderly, young children and those with a weakened immune system such as those who are recipients of organ transplants or who are undergoing chemotherapy.

Certain strains of E. Coli O111 are capable of causing HUS or hemolytic uremic syndrome, which is life threatening and often leads to kidney failure, particularly in young children.

Those who have become ill after consuming foods contaminated with various strains of bacteria may have rights to compensation for their E. Coli Treatment.  Contact the New York food poisoning attorneys at Brown Chiari for a free evaluation of your case.