Colorado

  • Posted: November 7th, 2011 - 3:39am by Doug Powell

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    The three prime targets of lawsuits in the cantaloupe listeria outbreak have just $17 million in liability coverage for more than 130 illness cases that could easily cost more than $100 million, say experts in liability law.

    The Denver Post reports the wide gap could make new legal targets out of grocery stores, distributors and auditing labs as victims seek richer funds for compensation, according to product-law experts.

    "If they can get the deep pockets in, they're going to get them in," said Denver lawyer Justin Prochnow.

    "I think the case as a whole has the potential to make new law in Colorado," said lawyer Scott Eldredge, a malpractice and liability specialist who also teaches at the University of Denver's Sturm College of Law.

    Seattle lawyer Bill Marler said a third-party auditor that certified Jensen's safety practices before the outbreak has also been threatened with lawsuits. PrimusLabs of California has $5 million in insurance.

    Bob Stovicek, president of PrimusLabs, stands behind his company's audit as in line with cantaloupe-industry practices.

    "Primus has never been sued, nor are we aware of any third-party auditing firms being sued under similar circumstances," Stovicek said in an e-mail. "That being said this is an almost unprecedented tragedy," adding that he is aware lawyers are trying to pull auditors into cases.

    With deaths and serious illnesses often producing $1 million to $3 million each in bills and other compensation, the 139 cantaloupe illnesses will produce massive claims, attorneys say.

    Attorneys' fees vary widely but generally are in the range of 15 percent to 30 percent of settlements.

    In the listeria cases, attorneys may try to show retailers contributed by not demanding tougher farm audits, by failing to test for pathogens themselves, or by failing to wash the fruit one more time before sale.

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  • Posted: October 26th, 2011 - 3:10pm by Doug Powell

    As the number of illnesses and deaths linked to Colorado cantaloupe continues to climb, the state said it will promote stronger oversight of its cantaloupe industry helping farmers create a certified label potentially backed by safety training, auditing and lab testing for pathogens.

    State Agriculture Commissioner John Salazar told the Denver Post the measures — now under discussion with farmers and agriculture experts — could help right the melon business after 28 deaths and one miscarriage from Jensen Farms cantaloupes.

    Salazar acknowledged, though, that the state does not have new resources to fund such a certification program. A new system would rely on budget shifts or payments from the farms themselves, as other industries currently do.

    • A "Colorado Proud" label, or even one specific to the Rocky Ford area, could be used by farmers who meet certain criteria.

    • Standards to earn the label would include undergoing safety training created by Colorado State University, and proof of outside audits of how those safety practices are carried out.

    • CSU extension facilities in southeastern Colorado are capable of lab testing; depending on the response time on results, farms could seek a pathogen-free lab test before harvest and possibly additional lab tests during the short cantaloupe shipping season.

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  • Posted: October 12th, 2011 - 11:00pm by Doug Powell

    How long until it’s an Entertainment News headline:

    It’s the deadliest outbreak of foodborne illness in 25 years! Here’s what celebrities are doing to protect themselves!

    As I told CBS Radio a couple of hours ago, I find top-10 lists of most-dead people by food distasteful; all outbreaks are tragic, especially when a bug like listeria preys on the most vulnerable in society.

    And the lists are so U.S.-centric.

    What about Ontario (that’s in Canada): 1985, 19 of 55 affected people at a London, nursing home died after eating sandwiches contaminated with E. coli O157. Or listeria in Maple Leaf deli meats in 2008 – 24 dead.

    Or Scotland (that’s over there). 1996, 22 dead and over 500 sick from E. coli O157 in roast beef sandwiches.

    Earlier today, the U.S. Centers for Disease Control reported that 23 people had died and 116 people had been confirmed as ill with any of the four outbreak-associated strains of Listeria monocytogenes in cantaloupe from Jensen Farms in Colorado. In addition, one woman pregnant at the time of illness had a miscarriage.

    The deadliest-outbreak-in-25-years headlines soon followed.

    The FDA and CDC have had teams in Jensen Farms fields and packing sheds, testing the soil, water and surfaces for clues. A report on the FDA's findings is anticipated in the coming weeks.

    About 800 laboratory-confirmed cases of Listeria infection are reported each year in the United States and typically 3 or 4 outbreaks are identified. The foods that typically cause these outbreaks have been deli meats, hot dogs, and Mexican-style soft cheeses made with unpasteurized milk. Produce is not often identified as a source, but sprouts caused an outbreak in 2009, and celery caused an outbreak in 2010.

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  • Posted: October 5th, 2011 - 8:02pm by Doug Powell

    Follow the poop to find the listeria.

    I keep getting asked about confined animal feeding operations or CAFOs as the cause of the listeria-in-cantaloupe outbreak that has killed at least 18 and sickened 100.

    I say, all animals poop.

    The deer that caused E. coli O157:H7 outbreaks in Odwalla juice in 1996 that killed a 16-month-old child, or local Oregon strawberries in 2011 that killed one and sickened 14, had nothing to do with CAFOs.

    Neither did the sheep in 1981, which were used to crapping on a cabbage field in Nova Scotia (that’s in Canada) and led to a listeria outbreak linked to coleslaw that sickened seven adults and led to 34 perinatal infections, according to a report on the outbreak published in 1983 in the New England Journal of Medicine (NEJM).

    Lisa Schnirring of CIDRAP cites Dr. Lawrence (Larry) Goodridge, a food microbiologist in the department of animal sciences at Colorado State University in Fort Collins, as saying all potential sources of contamination are being considered, including irrigation water, soil, "biosolids," and contamination from animal incursions.

    Goodridge said in the region of Colorado where cantaloupes are grown—though not necessarily at the farm implicated in the outbreak—sheep are often grazed on cantaloupe fields following harvest.

    "If that practice was followed at Jensen Farms, then there is the possibility of sheep manure contaminating the cantaloupe with L monocytogenes," he said. A similar scenario occurred in Nova Scotia, Canada, in 1981 when a listeria outbreak caused by tainted cabbage was traced to the use of sheep manure as fertilizer, Goodridge added.

    Goodridge said another puzzling aspect of the cantaloupe Listeria outbreak is that four different pulsed-field gel electrophoresis (PFGE) profiles have been identified, falling into two distinct serotypes, which could suggest multiple contamination events or a contamination event from multiple sources, such as different animals.

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  • Posted: October 5th, 2011 - 5:54am by Doug Powell

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    The U.S. Centers for Disease Control confirmed that 100 persons infected with any of the four outbreak-associated strains of Listeria monocytogenes have been reported to CDC from 20 states, including 18 deaths.

    Is food local when it’s distributed to 20 U.S. states?

    The cantaloupe from Jensen Farms in Colorado near the Kansas border likes to bill itself as local and pesticide-free, but I’d rather buy listeria-free cantaloupe from almost anywhere. Geographical knowledge is no substitute for microbiological safety.

    U.S. Food and Drug Commissioner Margaret Hamburg said Tuesday that the agency is still investigating the cause of the outbreak. Officials have said they are looking at the farm’s water supply and possible animal intrusions among other things in trying to figure out how the cantaloupes became contaminated.

    What retailers bought these melons? Who did the food safety audits for those retailers that concluded thumbs up for these melons?

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  • Posted: October 3rd, 2011 - 10:26pm by Doug Powell

    With 84 people confirmed sick from listeria in cantaloupe, including 15 deaths, some basic questions remain: where did the listeria come from, why was there so much that it affected so many people, and how did the listeria come into contact with the cantaloupe at Jensen Farms in Colorado?

    Elizabeth Weise of USA Today writes that cantaloupe growers, packers and sellers are not unanimous in deciding the best way to reduce the risk of listeria contamination on cantaloupes.

    "There are lots of places for bacteria to bind on the surface. It's like a mountain range under the microscope," says Doug Powell, a professor of food safety at Kansas State University, Manhattan. But there's not much consumers can do. If the listeria is on the rind, when you cut it open "it's going to cross-contaminate."

    About 85% of cantaloupe grown in the U.S.come from California and Arizona's arid high deserts, where they're watered using drip irrigation, which keeps them relatively clean. That means they don't need to be washed before being shipped, which experts say cuts down on the possibility of one contaminated melon tainting a whole vat of them as they're being washed.

    The other 15% are grown in the South, where rain is more likely to splatter them with mud and make them impossible to sell without washing. In the winter season, November through April, cantaloupe come from Mexico and Central America, where they're also more likely to get wet.

    Bringing cantaloupes into a packing shed, where they touch surfaces that have touched other melons and may be dunked in a tank of water to clean them, "has every opportunity to reduce risk, but equal or greater opportunity to contaminate," says Trevor Suslow, a food safety expert at the University of California, Davis, who has done extensive research on cantaloupes.

    Washing "is certainly a good practice, but you need to do that in an area that you won't introduce contamination" into other melons.

    Listeria is an especially problematic bacteria because it exists in the environment, in dirt and animals; once a colony starts growing on processing equipment, it can form biofilms that are difficult to remove. "They hide in the nooks and crannies," says Suslow. "You've got to go in with steam and stronger chemicals" to get rid of them.

    Craig Wilson, Costco's food safety director, says his company does require sellers to wash their cantaloupes, but what he's really moving toward "in the very near future" is a test-and-hold program. Growers and packers that want to sell him melons will need to test them for a broad range of potential pathogens such as "E. coli, salmonella, listeria," and not ship to him until the results come back negative, a process that takes between eight and 48 hours.

    "This not a bad industry, it's a good industry," Wilson says. "The cantaloupe folks are great, we just need to work together to get beyond this."

    A table of cantaloupe- (or rock melon) related outbreaks is available at http://bites.ksu.edu/cantaloupe-related-outbreaks.

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  • Posted: September 23rd, 2011 - 5:52am by Doug Powell

    The hunt by Colorado scientists' to identify the source of a national listeria outbreak that has been linked to eight deaths involved two weeks of brainstorming, studying blood samples and confiscating half-eaten food from patients' refrigerators.

    Health officials also shopped for grocery-store cantaloupe before pinpointing a single farm in Holly as the source.

    State epidemiologist Alicia Cronquist thought it slightly odd when she learned two people were sickened by listeria bacteria within days.

    When two more reports arrived at the state health department in late August, Cronquist figured she was dealing with an outbreak.

    In the early stages of Colorado's investigation, county health authorities used 15-page questionnaires to interview patients and their families about what they ate and where they bought it.

    "The vast majority of people are elderly," Cronquist said. "The average age is in the 80s and they are quite ill. Their family members are at their bedside, and we are asking them to remember food that they ate a month ago. They are actually very difficult interviews."

    Meanwhile, the bacteria in patients' blood was isolated, and state microbiologist Hugh Maguire's labs deconstructed the DNA profiles to see whether they had listeria strains in common.

    Those profiles were uploaded into a CDC database of data from across the nation.

    Scientists pulled food from patients' homes, including typical listeria suspects like deli meats, hot dogs and dairy products.

    By Sept. 2, the state food lab determined that two patients had matching strains and two other patients matched in a separate strain. With hundreds of strains of listeria, two or more can be on the same food.

    Epidemiologists in patients' home counties interviewed the patients to look for patterns while the state health department faxed and emailed a listeria alert to doctors, hospitals and labs.

    When Cronquist checked a CDC database tracking foods that listeria victims reported eating, she found that all the patients she was tracking had eaten cantaloupe.

    Health authorities purchased 15 cantaloupes at three grocery stores and tested the rind and flesh for listeria bacteria. They also were testing patients' leftover melon. Maguire's lab fast-tracked the genetic matching, setting aside some of the lab's other, more routine work.

    A week after the first public warning, health authorities announced they had linked the source of the poisoning to cantaloupe.

    As more patient blood samples arrived at the state lab, they fell into three distinct strains. Cantaloupe taken from patients' refrigerators had the same strains but no sticker naming the farm. In interviews, though, patients volunteered that the cantaloupe said 'Rocky Ford' on it or was extra sweet.

    By tracking the melon purchases of patients back to the distribution trucks, investigators from the state and the Food and Drug Administration narrowed the focus to two farms and sampled soil and machinery.

    Two days after warning people not to eat Rocky Ford cantaloupe, health officials announced they had pinpointed the farm.

    Jensen Farms in Holly recalled its cantaloupes Sept. 14, while farmers in the Rocky Ford region miles away lamented how their produce was swept into early warnings about cantaloupe.

    Meanwhile, 7NEWS in Denver has confirmed the investigation is expanding beyond Jensen Farms and that a company that sprays treated human waste – biosolids -- confirmed to 7NEWS it has been contacted by investigators. State investigators confirmed they want to know if biosolids may have caused the contamination.

    Parker Ag Services vice president Mike Shearp told 7NEWS that government investigators have questioned him in recent days as to where those biosolids were applied. He said the substance was applied to a field directly across from a Jensen Farms field years ago.

    Shearp maintained that the contamination will not be traced back to his operation.

    Colorado State University animal science professor Lawrence Goodridge said, "If processed properly, there should not be pathogens. If they are not processed properly, if the wastewater treatment process breaks down, they could be (a) source of pathogenic bacteria such as salmonella, listeria and other pathogens."

    A spokeswoman with Jensen Farms said the company does not use biosolids in its operation.

     

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  • Posted: September 21st, 2011 - 6:53pm by Doug Powell

    As of 5 p.m EDT on Sept. 20, 2011, a total of 55 persons infected with the 4 outbreak-associated strains of Listeria monocytogenes have been reported from 14 states. All illnesses started on or after August 4, 2011. The number of infected persons identified in each state is as follows: California (1), Colorado (14), Illinois (1), Indiana (1), Maryland (1), Montana (1), Nebraska (4), New Mexico (10), Oklahoma (8), Texas (9), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (1).

    Expect those numbers to go up. The U.S. Centers for Disease Control says listeriosis illnesses in several other states are currently being investigated by state and local health departments to determine if they are part of this outbreak.

    Among persons for whom information is available, illnesses began on or after August 4, 2011. Ages range from 35 to 96 years, with a median age of 78-years-old. Most ill persons are over 60-years-old or have health conditions that weaken the immune system. Fifty-nine percent of ill persons are female. Among the 43 ill persons with available information on whether they were hospitalized, all were hospitalized. Eight deaths have been reported, 2 in Colorado, 1 in Maryland, 4 in New Mexico, and 1 in Oklahoma.

    Collaborative investigations by local, state, and federal public health and regulatory agencies indicate the source of the outbreak is whole cantaloupe grown at Jensen Farms’ production fields in Granada, Colorado.

    A table of cantaloupe- (or rock melon) related outbreaks is available at http://bites.ksu.edu/cantaloupe-related-outbreaks.

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  • Posted: September 19th, 2011 - 7:41pm by Doug Powell

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    The U.S. Food and Drug Administration announced today it found Listeria monocytogenes in samples of Jensen Farms’ Rocky Ford-brand cantaloupe taken from a Denver-area store and on samples taken from equipment and cantaloupe at the Jensen Farms’ packing facility. Tests confirmed that the Listeria monocytogenes found in the samples matches one of the three different strains of Listeria monocytogenes associated with the multi-state outbreak of listeriosis.

    The U.S. Centers for Disease Control updated the official outbreak count to 35 persons infected with the outbreak-associated strains of Listeria monocytogenes, including four deaths, from 10 states.

    Jensen Farms voluntarily recalled its Rocky Ford-brand cantaloupes a week ago in response to the multi-state outbreak of listeriosis. Cantaloupes from other farms in Colorado, including farms in the Rocky Ford growing area, have not been linked to this outbreak.

    Jensen Farms is helping federal and state authorities determine how the cantaloupes became contaminated.

    The FDA’s root-cause investigation and environmental assessment includes the on-site expertise of FDA and state of Colorado microbiologists, environmental health specialists, veterinarians and investigative officers. The experts conducting the assessment will analyze the evidence, determine the most likely cause of contamination and identify potential controls to help prevent contamination in the future. The FDA will use the findings to help inform agency policy regarding Listeria and produce food safety best practices.

    Jensen Farms shipped the recalled cantaloupes from July 29 through Sept. 10 to at least 17 states with possible further distribution.

    For additional information about the recalled products, including product labels: http://www.fda.gov/Safety/Recalls/ucm271879.htm.

    A table of cantaloupe- (or rock melon) related outbreaks is available at http://bites.ksu.edu/cantaloupe-related-outbreaks.

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  • Posted: September 15th, 2011 - 9:17am by Doug Powell

    The U.S. Centers for Disease Control reported this morning that 22 persons infected with the outbreak-associated strains of Listeria monocytogenes have been reported from 7 states. The number of infected persons identified in each state is as follows: Colorado (12), Indiana (1), Nebraska (1), New Mexico (4), Oklahoma (1), Texas (2), and West Virginia (1). Two deaths have been reported, one in Colorado and one in New Mexico.

    Collaborative investigative efforts of state, local, and federal public health and regulatory agencies have linked this outbreak to eating whole cantaloupe from Jensen Farms, of Granada, Colorado.

    The U.S. Food and Drug Administration is warning consumers not to eat Rocky Ford Cantaloupe shipped by Jensen Farms and to throw away recalled product that may still be in their home.
    Jensen Farms is voluntarily recalling Rocky Ford Cantaloupe shipped from July 29 through September 10, 2011, and distributed to at least 17 states with possible further distribution.

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