Minnesota Nursing Home Lawsuits
Recent Minnesota nursing home injuries – some involving nursing home abuse and others involving Salmonella poisoning – illustrate why nursing homes and those serving nursing homes should be held to a higher standard.
Today, two teenagers accused of abusing nursing home residents made their first court appearance in Albert Lea, Minnesota. The teens were alleged to have physically and sexually abused nursing home residents at the Good Samaritan Society home in early 2008. At the court appearance, bail was set at $6,000.00, and it appears both teens will be released pending trial.
This bail hearing falls in the midst of a nationwide Salmonella outbreak that has hit nursing homes and other residential care facilities particularly hard. The Salmonella outbreak has now been linked to peanut butter and was first discovered because the contaminated peanut butter was being sold in bulk to nursing homes. These nursing homes were unwittingly serving the Salmonella-laced peanut butter to those most susceptible to infection – elderly nursing home residents.
At least two Minnesota deaths have resulted from the Salmonella poisoning and our firm will be filing suit on behalf of one of the families this week.
This lawsuit against the producer of the peanut butter and the nursing home abuse lawsuits that are frequently filed, help push the system to add protections for our society’s most vulnerable.
As Minnesota native Hubert H. Humphrey famously pointed out:
“…the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; and those who are in the shadows of life, the sick, the needy and the handicapped.”
The accountability achieved through litigation combined with the publicity surrounding the nursing home abuse case in Minnesota and the Salmonella peanut butter outbreak promise to make nursing home safety a higher priority as Humphrey envisioned.
Minnesota Salmonella Outbreak
474 people have been sickened in a 43-state salmonella outbreak that may have contributed to six deaths. So far, Minnesota has 35 known cases including at least two deaths linked to this outbreak. This outbreak has been linked to peanut butter. Two years ago, a large, multi-state salmonella outbreak was also linked to peanut butter.
An investigation by the Minnesota Department of Health suggested King Nut brand peanut butter manufactured by Peanut Corporation of America is a likely source of the bacteria causing the infection. Both companies have issued product recalls for their products.
A processing plant operated by Peanut Corporation of America in Georgia may be the source of the contamination. Tests at the plant were positive for salmonella. Because the plant also produces peanut butter paste used in a number of food products, a number of other companies have also issued recalls.
King Nut brand peanut butter is not sold in stores. It is sold on a wholesale basis to institutions such as nursing homes, schools, hospitals, etc.
More information about the outbreak from the Centers for Disease Control and Prevention is reprinted below.
PritzkerLaw, headquartered in Minnesota, is one of only a handful of law firms in the United States that specializes in foodborne illness cases, including in Salmonella. The firm has already been retained by the heirs of one of the Minnesota wrongful death victims, Shirley Almer. Another wrongful death victim of this outbreak is Clifford Tousignant of Brainerd, Minnesota .The firm is also representing other outbreak victims in Minnesota and throughout the United States. Lead attorney Fred Pritzker has already been interviewed by a number of newspapers and television stations about this outbreak.
If you believe you or a loved one has salmonella from this outbreak you should immediately contact the firm at 1-888-377-8900 (toll-free) or by email at fhp@pritzkerlaw.com.
Investigation Update: Outbreak of Salmonella Typhimurium Infections, 2008–2009
Update for January 17, 2009
CDC is collaborating with public health officials in many states and the United States Food and Drug Administration (FDA) to investigate a multistate outbreak of human infections due to Salmonella serotype Typhimurium.
As of 9PM EDT, Friday, January 16, 2009, 474 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (10), Arkansas (4), California (60), Colorado (11), Connecticut (8), Georgia (6), Hawaii (3), Idaho (11), Illinois (5), Indiana (4), Iowa (1), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (40), Michigan (25), Minnesota (35), Missouri (9), Mississippi (1), Nebraska (1), New Hampshire (11), New Jersey (19), New York (19), Nevada (5), North Carolina (4), North Dakota (10), Ohio (64), Oklahoma (2), Oregon (5), Pennsylvania (14), Rhode Island (4), South Dakota (2), Tennessee (9), Texas (6), Utah (4), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2).
Among the 458 persons with dates available, illnesses began between September 8, 2008 and January 2, 2009. Patients range in age from <1 to 98 years; 47% are female. Among persons with available information, 23% reported being hospitalized. Infection may have contributed to six deaths.
The outbreak can be visually described with a chart showing the number of persons who became ill each day. This chart is called an epidemic curve or epi curve. It shows that illnesses began between September 8, 2008 and January 2, 2009, with most illnesses beginning after October 1, 2008. Illnesses that occurred after December 18, 2008 may not yet be reported due to the time it takes between when a person becomes ill and when the illness is reported. This takes an average of 2 to 3 weeks.
Outbreak Investigation
The investigation is ongoing, and exposures to peanut butter and other peanut butter-containing products are being examined. Preliminary analysis of an epidemiologic study conducted by CDC and public health officials in multiple states comparing foods eaten by ill and well persons has suggested peanut butter as a likely source of the bacteria causing the infections. To date, no association has been found with major national brand name jars of peanut butter sold in grocery stores.
An epidemiologic investigation by the Minnesota Department of Health suggested King Nut brand creamy peanut butter as a likely source of Salmonella infections among many ill persons in Minnesota. The Minnesota Department of Agriculture Laboratory isolated the outbreak strain of Salmonella Typhimurium from an open 5-pound container of King Nut brand creamy peanut butter. This product is distributed in many states to establishments such as long-term care facilities, hospitals, schools, universities, restaurants, delis, cafeterias, and bakeries. It is not sold directly to consumers and is not known to be distributed for retail sale in grocery stores.
The Connecticut Department of Public Health Laboratory and the Georgia Department of Agriculture independently isolated Salmonella from unopened 5-pound containers of King Nut brand peanut butter. Further tests are pending to determine if this Salmonella is the outbreak strain.
Clusters of infections in several states have been reported in schools and other institutions, such as long-term care facilities and hospitals. King Nut is the only brand of peanut butter used in those facilities for which we have information.
King Nut is produced by Peanut Corporation of America in Blakely, Georgia. This facility is now recalling two products it makes: (1) peanut butter (made on or after August 8, 2008) and (2) peanut paste (made on or after September 26, 2008) at the Georgia facility. In many instances, the peanut butter and peanut paste is further distributed to manufacturers to be used as ingredients in many products, including cookies, crackers, cereal, candy, ice cream and other foods.
The list of products that may be affected is still being determined and is incomplete at this time. FDA and the product manufacturers are working to determine the list of affected products, which may be extensive. Some companies have already announced whether their products include ingredients being recalled by Peanut Corporation of America, Georgia, and more companies are expected to make similar announcements.
CDC with state partners is continuing to identify and interview ill persons. To clarify the types of peanut-butter containing foods that are associated with the outbreak, CDC is currently conducting a second national case-control study. State partners are also collecting and testing various peanut-butter containing foods.
Recommendations
Based on available information, CDC and FDA recommendations include:
For consumers
- Do not eat products that have been recalled and throw them away in a manner that prevents others from eating them.
- Postpone eating other peanut butter containing products (such as cookies, crackers, cereal, candy and ice cream) until information becomes available about whether that product may be affected.
- Persons who think they may have become ill from eating peanut butter are advised to consult their health care providers.
For retailers
- Stop selling recalled products.
For directors of institutions and food service establishments
- Ensure that they are not serving recalled products.
For manufacturers
- Inform consumers about whether their products could contain peanut butter or peanut paste from Peanut Corporation of America (PCA). If a manufacturer knows their products do not contain peanut paste from PCA, they should inform consumers of that.
To date, no association has been found with major national brand name jars of peanut butter sold in grocery stores.
For More Information
- For the latest information about the epidemiological investigation, go to the CDC Salmonella Typhimurium Outbreak Investigation Update website.
- For the latest information about recalled products, go to FDA Salmonella Typhimurium Outbreak site.
- More general information about Salmonella can be found on the CDC Salmonella website.
Public health officials will advise the public if more products are identified as being associated with the outbreak.
Clinical Features
Most persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12–72 hours after infection. Infection is usually diagnosed by culture of a stool sample. The illness usually lasts 4 to 7 days. Although most people recover without treatment, severe infections may occur. Infants, elderly persons, and those with impaired immune systems are more likely than others to develop severe illness. When severe infection occurs, Salmonella may spread from the intestines to the bloodstream and then to other body sites and can cause death unless the person is treated promptly with antibiotics.
More information on this investigation can be found below.
Peanut Butter Salmonella Probe Very Active
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Federal health officials are urging consumers to "postpone" eating cookies, crackers, cereal, ice cream and other products that contain peanut butter or peanut paste until experts determine which products contain potentially contaminated ingredients from a plant in Georgia.
The precaution is part of an effort to protect consumers from an ongoing outbreak of Salmonella Typhimurium that has been associated with six deaths and 474 illnesses in 43 states. Leading food safety lawyer Fred Pritzker has initiated a Peanut Corporation of America Lawsuit on behalf of the heirs of Shirley Mae Almer, one of the deceased.
Pritzker was interviewed by the ABC and CBS affiliate TV networks in Minneapolis-St. Paul to discuss the outbreak. He told KSTP-TV that the situation is difficult for consumers because they can’t readily tell what peanut butter products will put them at risk for getting sick.
The founder and president of Pritzker Law told WCCO-TV that Mrs. Almer was "the canary in the coal mine” because her Salmonella illness and death on Dec. 21 led Minnesota health investigators to be the first to associate the outbreak with peanut butter made at the Blakely, Georgia, plant of Peanut Corporation of America.
Mrs. Almer, 72, was living in a long-term care facility when she consumed a piece of toast topped with King Nut creamy peanut butter. When the facility’s open container of peanut butter was tested, Minnesota officials found a genetic match to the strain of Salmonella that first emerged in mid-September. Soon after, Peanut Corporation of America and Ohio-based King Nut Companies, a distributor of peanut butter made at the Georgia plant, announced product recalls.
Investigation Update
Scientists from the U.S. Centers for Disease Control and the U.S. Food and Drug Administration briefed reporters Saturday afternoon on the latest developments of the investigation. Here are updates from the press conference:
- Peanut Corporation of America has idled its George plant pending the Salmonella investigation.
- The company also has expanded its recall to include all peanut butter made at the plant since August 8, 2008; and all peanut paste made at the plant since September 26, 2008.
- The potentially contaminated peanut butter was sold in bulk containers ranging in size from five pounds to 1,700 pounds. The peanut paste (ground roasted peanuts) was sold in bulk containers ranging in size from 35 pounds to tanker loads.
- Federal authorities, working with food makers who bought ingredients from the Georgia plant, are developing a detailed list of products that may contain adulterated peanut stock. The list will be posted soon on the FDA’s website.
- Kellogg Company has expanded an alert to consumers that recalls snack crackers containing peanut butter. Kellogg also is recalling 7 million select snack packs of Famous Amos peanut butter cookies and Keebler Soft Batch Homestyle Peanut Butter cookies.
- Food companies that bought peanut butter or peanut paste from the Georgia plant to use as ingredients in cookies, cakes, candies, cereal, ice cream and other products are being urged to issue product recalls if necessary.
- The FDA and CDC continue to say that no association has been found between the outbreak and name-brand peanut butter that consumers buy at grocery stores. The bulk peanut butter made by Peanut Corporation of America was sold to nursing homes, hospitals, school cafeterias and other commercial accounts.
- The most severe illnesses are being found in young, elderly and immuno-compromised patients.
- 23 percent of people infected by the bacteria have been hospitalized.
If you or someone you love has been sickened by the Salmonella Typhimurium outbreak, you may be entitled to compensation. Contact the salmonella lawyers at Pritzker Law . The firm has collected millions of dollars on behalf of food poisoning victims.
Minnesota Salmonella Death: 2 Minnesota Deaths Tied to Salmonella
A second death in Minnesota has been reported by health officials in connection with a nationwide Salmonella Typhimurium outbreak that has hit the state hard. The overall wave of 425 illnesses in 43 states has been tied to bulk packages of peanut butter by health investigators in Minnesota and at the U.S. Centers for Disease Control and Prevention.
Doug Schultz, a spokesman for the Minnesota Department of Health, told the Center for Infectious Disease Research and Policy (CIDRAP) that the second Minnesota patient who died with the Salmonella infection was a man in his 70s who lived in a nursing home and had numerous underlying health problems. Previously, a 72-year-old woman who also had underlying health conditions also died after being sickened by the bacteria. Two other outbreak-related deaths were reported in Virginia.
Top food safety lawyer Fred Pritzker of Minneapolis said Wednesday that he has been retained to represent the heirs of the Minnesota woman who died. Pritzker, whose firm is one of the few in the country that practices extensively in foodborne illness litigation, has experience in practically all major food poisoning outbreaks, including the 2007 Salmonella outbreak associated with Peter Pan and Great Value peanut butter.
To contact Fred Pritzker, please call (612)-338-0202, call 1-888-377-8900 (toll-free) or submit our free consultation form.
Minnesota now has 33 confirmed cases associated with the outbreak, up from 30 cases last week, the state department of health said. Schultz told CIDRAP that 12 of the patients were living in nursing homes and 13 were hospitalized.
After Minnesota investigators found Salmonella Typhimurium last week in a five-pound tub of King Nut creamy peanut butter that had been in use at a nursing home, Ohio-based King Nut Companies announced a voluntary recall of all of its peanut butter products. The brand, made under contract by Peanut Corporation of America, is sold only to foodservice accounts like long-term care facilities, hospitals, schools, and other institutions. Additional testing of the peanut butter in Minnesota confirmed a genetic match between the Salmonella in the peanut butter and the Salmonella found in the 43-state outbreak.
On Wednesday, more recalls were announced.
Virginia-based Peanut Corporation of America recalled King Nut and Parnell’s Pride peanut butter produced in its Blakely, Georgia, processing plant “because it has the potential to be contaminated with Salmonella.”
Later, Kellogg Company of Battle Creek, Mich., said it was putting a hold on all of its inventories of Austin and Keebler branded peanut butter sandwich crackers, peanut butter and jelly sandwich crackers, cheese and peanut butter sandwich crackers and peanut butter-chocolate sandwich crackers.
Kellogg said it was taking the step as a precaution and was unaware of any illness complaints. The company said the move was prompted by the Salmonella outbreak because Peanut Corporation of America supplies some of the peanut paste that goes into the peanut crackers.
3 Deaths in Salmonella Outbreak
According to USA Today’s latest figures from the U.S. Centers for Disease Control (CDC) and Prevention, 425 people in 43 states have been sickened by the same genetically matched strain of Salmonella Typhimurium. The 4-month-old outbreak has become associated with three deaths: one in Minnesota and two in Virginia, according to the newspaper.
The CDC and health investigators from the state of Minnesota and other states are still investigating the outbreak. The CDC has said its own research has shown that commercially sold peanut butter — not retail brands purchased at grocery stores — is the likely cause of the outbreak. In Minnesota, officials have issued a product advisory against King Nut brand peanut butter because a container of the product that was in use at a Minnesota long-term care facility tested positive in a genetic match to the outbreak strain of Salmonella.
In addition, distributor King Nut Companies of Solon, Ohio, has recalled all King Nut peanut butter.
Minneapolis attorney Fred Pritzker, whose firm is one of the few in the nation practicing extensively in the area of foodborne illness litigation, has called on the responsible companies to quickly pay medical bills and wage loss benefits of victims. He said it is a sign of something wrong with the federal food safety system for this to be the second Salmonella outbreak involving peanut butter in less than two years. Read our press release below.
Pritzker, who has been involved in practically every major food poisoning outbreak including the Peter Pan peanut butter outbreak of early 2007, has collected millions of dollars on behalf of victims of food poisoning. For more information, visit http://www.pritzkerlaw.com/ or contact Fred Pritzker at (612) 338-0202.
Pritzker Press Release
Minneapolis, Minn. (January 12, 2009) — The second major U.S. Salmonella outbreak in less than 24 months involving peanut butter suggests an industry-wide problem and demonstrates the need for more intense regulation and faster detection of an outbreak’s source, leading food safety lawyer Fred Pritzker said.
“The American public should not have to guess about the safety of a product beloved by children,” said Pritzker, one of the nation’s most experienced practitioners of foodborne illness litigation.
King Nut Companies of Solon, Ohio, has announced a recall of its King Nut brand of peanut butter after the Minnesota Department of Health, working in conjunction with the Minnesota Department of Agriculture, announced it found evidence that Salmonella Typhimurium found in a five-pound container of King Nut creamy peanut is a genetic match to the strains of Salmonella associated with the national outbreak.
King Nut peanut butter is manufactured by Peanut Corporation of America, a company based in Lynchburg, Virginia. The brand is sold to commercial foodservice accounts, including nursing homes and hospitals, not to retail stores.
Pritzker’s Minneapolis law firm has been closely monitoring developments in the Salmonella Typhimurium outbreak that has sickened at least 410 people in 43 states since mid-September, according to the Centers for Disease Control and Prevention. Three deaths are associated with the outbreak, the CDC has said. In early 2007, Pritzker witnessed first hand the suffering of clients sickened in a nationwide Salmonella outbreak caused by Peter Pan and Great Value brand peanut butter.
In that instance, ConAgra recalled the product, but not before it was linked to 628 Salmonella illnesses in 47 states, according to the CDC.
Pritzker said federal agencies have failed to readily find the cause of two consecutive Salmonella outbreaks, raising questions about the government’s effectiveness. Last year, the U.S. Food and Drug Administration drew heavy criticism for falsely correlating a nationwide Salmonella outbreak with U.S.-grown tomatoes. After weeks passed and more than 1,400 people became ill, the same Minnesota investigators who zeroed in on King Nut peanut butter correctly linked last year’s Salmonella outbreak to jalapeno peppers grown in Mexico.
Pritzker said the record is evidence that more resources must be devoted to federal food safety — both in prevention of contamination and detection of outbreaks. The current system is undermined by too much fragmentation of responsibility and not enough coordination between federal, state and local agencies, Pritzker said.
“This means more money and more staff must be devoted to federal food safety,” Pritzker said.
“One also has to wonder if microbiological testing is lax,” Pritzker said, especially in manufactured foods such as peanut butter. “This isn’t a case involving fresh produce that is difficult to test. It’s about a food product with a long shelf life that should not be allowed to leave the manufacturer unless its safety is confirmed.”
Pritzker called on the companies involved in the latest outbreak to launch a major communications effort to alert consumers to the dangers associated with the products that have been recalled. The campaign should include instructions for handling and testing product believed to be associated with the outbreak, he said.
In addition, Pritzker called on the responsible companies to immediately agree to pay for medical expenses and wage loss benefits for victims linked to the outbreak. There also should be a prompt and robust plan for reimbursing purchasers for the cost of the recalled product, he said.
