The Marler Clark Network

Mexicali Cheese has a Listeria Problem

Posted by Listeria Attorney on February 01, 2012

Saying a New York cheese maker failed to correct repeated violations, despite multiple federal and state warnings, the U.S. Food and Drug Administration has gone to court to close down the plant until it complies with food safety regulations.

Mexicali Cheese of Woodhaven, NY produced cheese under persistent unsanitary conditions that contributed to Listeria monocytogenes contamination of the facility and the company's products, the FDA alleges in a complaint for permanent injunction filed Monday by the U.S. Department of Justice.

According to the FDA news release, Mexicali Cheese makes and distributes a variety of soft Mexican cheeses to grocery stores and supermarkets in New York, New Jersey and Connecticut. Mexicali Cheese's products include queso fresco [fresh cheese], queso oaxaca (Oaxacan cheese) and queso para freir [cheese for frying].

In October 2010, an FDA warning letter said inspectors found Listeria monocytogenes in at least five locations inside the Mexicali processing facility. In August that year, the New York Department of Agriculture warned consumers not to eat any Queso Cotija Cheese from Mexicali because of possible Staphylococcus aureus contamination.

The injunction, if entered by the court, would stop the company and its officers from manufacturing and distributing food until they can bring their operations into full compliance with the Federal Food, Drug, and Cosmetic Act and FDA food safety regulations.

"FDA filed this complaint to protect the health of consumers," said Dara A. Corrigan, associate commissioner for regulatory affairs, in the agency's statement. "Working closely with New York's Department of Agriculture and Markets, we took this step to ensure that consumers do not eat potentially dangerous foods from this company."

New Research on Groups Most Susceptible to Listeria Infection

Posted by Listeria Lawyer on December 23, 2011

The recent outbreak of listeria caused by Jensen Farms/Frontera cantaloupes was the most recent reminder that Listeria poses the greatest risk to certain groups of people.  The most deadly foodborne illness outbreak in U.S. history sickened 146 and has now killed 31 people.   According to the CDC, the average age of vicitms was 77 years.  The average age of those who died was even higher - demonstrating the increased risk that those of advanced age face.

Reuters reported today on addtional medical research from France that demonstrated, among other things, that Leukemia patients are at the greatest risk for listeria infection.   The study involved roughly  2,000 cases of listeriosis in France between 2001 and 2008.  Among the findings:

  • More than 400 of the 2,000 people who developed listeriosis died.
  • None of the cases involved an outbreak.
  • About one in six of the listeriosis cases in France affected pregnant women.
  • Among the remaining cases, 65 percent of the people involved had an underlying health condition, and 41 percent were undergoing treatment that suppressed their immune systems.
  • People with chronic lymphocytic leukemia were at the greatest risk of developing listeriosis -- more than 1,000 times higher than the general French population.

Chicago Sandwich Maker, Triple A Services, Agrees to Stop Production - FDA Finds Unsanitary Conditions

Posted by Listeria Lawyer on December 22, 2011

triple a services.gifThe FDA announced today that the Chicago-area based company Triple A Services Inc. has agreed to stop making its ready-to-eat sandwiches and produce after "FDA investigators repeatedly found unsanitary conditions and bacterial contamination in the facility."

The company and FDA filed what is called a "consent decree" in the U.S. District Court of the Northern District of Illinois that included the agreement to stop production.

ACcording to the FDA:  "The terms of the decree would also require Triple A to hire a sanitation expert to help establish an effective sanitation program, to comply with FDA regulations and to eliminate Listeria contamination from company facilities." 

The FDA further stated that Triple A had a "history of operating under unsanitary conditions and Listeria monocytogenes contamination in the processing facility.  FDA took these aggressive actions because Triple A Services continued to violate current good manufacturing practice regulations and allow for conditions that could affect the health of consumers,” said Dara Corrigan, the FDA’s associate commissioner for regulatory affairs.

The FDA had issued warning letters to Triple A in April of this year, and in November  2002. The November, 2002 letter described unsanitary conditions; the presence of "bird/insect fecal matter;" and structural defects among other findings.

Death Toll in Listeria Outbreak Rises

Posted by Listeria Lawyer on December 20, 2011

The Schwarz's family is mourning the loss of a 92-year-old local man affected by cantaloupe tainted with listeria.  Paul Schwarz's family said he passed away over the weekend.

He was very active until the cantaloupe recall  when he suffered brain trauma from the bacteria. The strain killed more than two dozen people and sickened more than 130 others.  Schwarz's family has filed a lawsuit against Jensen Farms, where the tainted cantaloupe came from.

Listeria outbreak traced to Colorado leaves damaged survivors in its wake

Posted by Listeria Attorney on December 01, 2011

I posted this over at Marler Blog:

Michael Booth and the Denver Post should get the Pulitzer for their extensive coverage of the Colorado homegrown Listeria outbreak that is now the most deadly in U.S. recent history. But, they more deserve our thanks for telling the story of an amazing family – that is too much like yours and mine – to let you forget this outbreak. Here is the full story - Listeria outbreak traced to Colorado leaves damaged survivors in its wake:

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Listeria Cantaloupe Outbreak - Colorado, New Mexico and Kansas most deadly

Posted by Listeria Lawyer on November 05, 2011

Screen Shot 2011-11-05 at 8.06.53 PM.pngThe number of infected persons identified in each state is as follows:

Alabama (1), Arkansas (1), California (2), Colorado (39), Idaho (2), Illinois (3), Indiana (3), Iowa (1), Kansas (10), Louisiana (2), Maryland (1), Missouri (6), Montana (1), Nebraska (6), Nevada (1), New Mexico (15), New York (2), North Dakota (2), Oklahoma (11), Oregon (1), Pennsylvania (1), South Dakota (1), Texas (18), Utah (1), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (4).

Twenty-nine deaths have been reported:

Colorado (8), Indiana (1), Kansas (3), Louisiana (2), Maryland (1), Missouri (2), Nebraska (1), New Mexico (5), New York (2), Oklahoma (1), Texas (2), and Wyoming (1).

Among persons who died, ages range from 48 to 96 years, with a median age of 81 years. In addition, one woman pregnant at the time of illness had a miscarriage.

Cantaloupe Listeria Outbreak now most deadly in U.S. History

Posted by Bill Marler on November 02, 2011

At 139 sickened - with 29 deaths - the Jensen Farms Frontera Listeria Outbreak has moved into first place in the United States’ most deadly foodborne illness outbreaks.  The numbers of ill and dead are expected to increase in this recent Listeria Outbreak that has impacted 28 states.  Here are the top 2, not largest, but deadliest outbreaks in the U.S.:

1.  Jensen Farms Frontera Listeria Outbreak

•          September 2011 - ONGOING

•          Vehicle: whole cantaloupe

•          Number ill: 139

•          Deaths: 29 (30, county miscarriages)

2.  Jalisco's Listeria Outbreak

•          January 1985

•          Vehicle: cheese

•          Number ill: 142

•          Deaths: 28 (48, counting miscarriages)

As of November 1, 2011, a total of 139 persons infected with any of the four outbreak-associated strains of Listeria monocytogenes have been reported to CDC from 28 states.  The number of infected persons identified in each state is as follows: Alabama (1), Arkansas (1), California (2), Colorado (39), Idaho (2), Illinois (3), Indiana (3), Iowa (1), Kansas (10), Louisiana (2), Maryland (1), Missouri (6), Montana (1), Nebraska (6), Nevada (1), New Mexico (15), New York (2), North Dakota (2), Oklahoma (11), Oregon (1), Pennsylvania (1), South Dakota (1), Texas (18), Utah (1), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (4).

Screen Shot 2011-11-02 at 3.12.17 PM.png

Twenty-nine deaths have been reported: Colorado (8), Indiana (1), Kansas (3), Louisiana (2), Maryland (1), Missouri (2), Nebraska (1), New Mexico (5), New York (2), Oklahoma (1), Texas (2), and Wyoming (1). Among persons who died, ages range from 48 to 96 years, with a median age of 81 years. In addition, one woman pregnant at the time of illness had a miscarriage.

Dallas County Listeria Death Leads to Lawsuit Against Cantaloupe Producer, Distributor

Posted by Listeria Attorney on November 01, 2011

The Listeria attorneys at Marler Clark, the nation’s foremost law firm dedicated to representing victims of foodborne illness and Dallas-based law firm Reyes Brown Reilley have filed a lawsuit on behalf of the family of a Dallas woman who died from a Listeria illness. This is the eighth lawsuit [1] filed by Marler Clark in a multi-state Listeria outbreak linked to Rocky Ford cantaloupe. The defendants in the lawsuit are Colorado-based cantaloupe producer Jensen Farms and Edinburg Texas-based distributor Frontera Produce.

According to complaint #DC11-13866 filed in Dallas County District Court, 89-year-old Marie Jones regularly purchased and consumed cantaloupe in the weeks prior to her illness. By the weekend of September 10, Ms. Jones developed signs of a Listeria infection, including a severe headache and gastrointestinal symptoms, which worsened over the ensuing days. Late on September 12, she was admitted to Baylor University Medical Center and transferred to the intensive care unit where it was determined that her illness was caused by a Listeria infection and was affecting her entire body. Over the next ten days Ms. Jones’ condition worsened until she ultimately succumbed to her illness on September 23. The complaint further states that the Dallas County Health Department confirmed the strain that caused Ms. Jones’ Listeria illness was the same as the one implicated in the multi-state Listeria outbreak linked to the defendants’ products.

“In this day and age, people should not be hospitalized or die because of something they ate,” said Marler Clark Listeria lawyer William Marler. “Food producers and distributors have a responsibility to consumers to sell food that is unadulterated and free of foodborne pathogens such as Listeria – no exceptions.”

The Centers for Disease Control and Prevention (CDC) have confirmed 133 illnesses and 28 deaths in a multi-state Listeria outbreak that has been linked to Colorado-based Jensen Farms. In September, the U.S. Food and Drug Administration (FDA) used trace back investigations to link the farm to the outbreak, and on October 19 the connection was confirmed when the FDA released a report detailing unsanitary conditions and traces of Listeria at Jensen Farms’ cantaloupe packing facility.

MARLER CLARK is the nation’s leading law firm dedicated to representing victims of foodborne illness. The firm’s food poisoning lawyers have unmatched experience and have recovered over $600,000,000 for their clients, including a 2011 $1.1 million Listeria judgment on behalf of the family of Texas man. For more information or, if you are a member of the media and would like a copy of the complaint, please contact Cody Moore at cmoore@marlerclark.com or 206-407-2200.

[1] Colorado El Paso County District Court # 2011CV5007; Colorado Arapahoe County District Court # 2011CV1891; Texas Brazoria County District Court #65009; Canadian County District Court #CJ-2011-709; U.S. District Court Maryland #1:11-CV-2810; Federal District Court Oklahoma #11-348SPS; Missouri District Court #4:11-cv-04280-FJG.

Listeria Cantaloupe Outbreak Almost Most Deadly in U.S. History

Posted by Listeria Lawyer on October 25, 2011

At 133 sickened with 28 deaths the Jensen Farms Frontera Listeria Outbreak has moved nearly into first place in the United States’ most deadly foodborne illness outbreaks.  The numbers of ill and dead are expected to increase in this recent Listeria Outbreak that has impacted 26 states.  Here is a list of the top 5, not largest, but deadliest outbreaks in the U.S.:

1.  Jalisco's Listeria Outbreak

•          January 1985

•          Vehicle: cheese

•          Number ill: 142

•          Deaths: 29

2.  Jensen Farms Frontera Listeria Outbreak

•          September 2011 - ONGOING

•          Vehicle: whole cantaloupe

•          Number ill: 133

•          Deaths: 28

3.  Bil Mar Foods Ready-to-eat Meats Listeria Outbreak

•          January 1998

•          Vehicle: deli and cured meats

•          Number ill: 101

•          Deaths: 21

4.  Peanut Corporation of America (PCA) Salmonella Outbreak

•          September 2008

•          Vehicle:  Peanuts and peanut butter

•          Number ill: 716

•          Deaths: 9

5.  Pilgrim's Pride Listeria Outbreak

•          July 2002

•          Vehicle: deli meats

•          Number ill: 54

•          Deaths: 8

Fair Oaks Recalls Listeria Blue Cheese

Posted by Listeria Lawyer on October 20, 2011

An Indiana dairy company said Thursday that it is recalling a small amount of blue cheese because it could be contaminated with listeria, adding to the growing number of products recently affected by the deadly bacteria.

Fair Oaks Dairy Products LLC is recalling about 20 pounds of Fair Oaks Royal Blue Cheese sold to consumers in Indiana, Illinois, Michigan and Ohio. The company said the recall was ordered after its own testing detected listeria.