Botulism Lawyer & Attorney : Marler Clark Law Firm : Botulism Blog

A frozen salted Croaker fish that may carry botulism is being recalled by a New Jersey food store, according to the U.S. Food & Drug Administration.   Here's the poop from the company press release distributed by FDA:

Grand Supercenter, Inc. of Lyndhurst, NJ is recalling the following product because they have the potential to be contaminated with Clostridium botulinum, a bacterium, which can cause life-threatening illness or death.

HC Fresh, Frozen Salted Croaker,
Net. Wt.: 16.9 oz (480 gram),
Item # HC 0500402,
Expiration Date: Aug 02. 2009

Consumers are warned not to use these products even if they do not look or smell spoiled.

HC Fresh Frozen Salted Croaker was distributed through H Mart stores including H Mart and Super H Mart in New York, New Jersey, Pennsylvania, Illinois and Texas area.

See the pr package on the FDA website here.

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WJBF-TV 6, the ABC affiliate in Augusta, GA, tonight (3/27/08) is reporting that the Castleberry's canning factory in that city will re-open on Monday.  According to the WJBF report:

Officials with Augusta's Castleberry's food plant say they're hoping to re-open the plant Monday. The FDA suspended the plant's temporary operating permit a couple weeks ago. That permit was issued after a July 2007 nationwide recall of hot dog chili made at the plant.

Last summer's recall came after botulism was found in some of the company's canned chili.  No recall was involved in the latest closure.  There were rumors within the food industry that the Canadian owners might be trying to sell the brand and the factory.

TV 6's report can be found here.

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Two coastal counties, Brunswick and Horry, in North Carolina are experiencing one horse death after another and botulism is being blamed.

WECT 6 in Wilmington, NC is reporting that tainted food is suspected.   WECT says:

John Vogt is relieved and surprised his 22 year old horse, Buckshot, is still alive.  Another of his horses was sick like Buckshot and died.

Both horses lived a farm in Shallotte.

When Buckshot got sick, he was rushed to N.C. State's Vet Hospital, and treated for botulism..

An autopsy performed on the dead horse in inconclusive, but the pathologist said it is likely it died from botulism.

When Vogt's horses got sick, he started looking for a common denominator, and all signs pointed to the food.

"They were fed last in the feed group. They were fed out of a separate bag," said Vogt.

That food was Country Acres Horse feed by Purina.

The complete WECT story can be found here.

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Here's the company's statement issued after the news came out that Castleberry's Food Company has again closed its Augusta, Georgia canning factory: 

Castleberry’s Food Company has received notification that the Food and Drug Administration (FDA) suspended the Temporary Emergency Operating Permit that was issued in September 2007. The permit granted permission for the Augusta, Georgia factory to commence production of FDA products, following a July 2007 voluntary product recall.

Castleberry’s will work closely with the FDA to promptly answer questions and address any possible concerns. Although formal notification has not yet been received, we understand that the US Department of Agriculture (USDA) may also require responses.

During this time, Castleberry’s has decided to cease production of all products in the Augusta, Georgia factory. Factory work shifts are temporarily on hold.

We are cooperating fully with the agencies and look forward to a prompt resolution that we can resume operation and work shifts.

It is important to note that the suspension of our temporary permit does not involve any product recall.

For another pair of eyes on the closure, check out what Elizabeth Lee has to say in the Atlanta Journal-Constitution.  Her story inluding the history of Castleberry's bout with botulism can be found here.

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Dried fish from China that were sold in New York State are being recalled because of possible botulism contamination.   The U.S. Food & Drug Administration today (2/26/08) issued this press release from the importer:

Summit Import Corp. 100 Summit Place, Jersey City, NJ 07305 is recalling all packages of Sum Cheong Lung brand Dried Fish discovered by New York State Dept. of Agriculture and Markets Food Inspectors during a routine inspection and subsequent analysis of the product by Food Laboratory personnel confirming that the fish had not been eviscerated prior to processing.

This product may be contaminated with Clostridium botulinum spores, which can cause Botulism, a serious and potentially fatal food-borne illness.

The sale of this type of fish is prohibited under New York State Agriculture and Markets regulations because Clostridium botulinum spores are more likely to be concentrated in the viscera than any other portion of the fish. Uneviscerated fish has been linked to outbreaks of botulism poisoning. Symptoms of botulism include blurred or double vision, general weakness, poor reflexes, difficulty swallowing and respiratory paralysis.

The recalled Sum Cheong Lung brand Dried Fish comes in an uncoded 12 oz. plastic bag and is a product of China. Dried Fish was sold in New York State.

No illnesses have been reported to date in connection with this problem. Consumers who have Sun Cheong Lung brand Dried Fish are advised not to eat it, but should return it to the place of purchase. Consumers with questions may contact the company at 201-839-2882.

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 We said the Main Stream Media would be catching up with the "Bill Marler Blog" and we were right. One of the first to step up and tell the story of a botulism victim who has now filed a lawsuit against Castleberry's Chili is the Sandusky Register.  In the Ohio newspaper, reporter Cory Frolik writes:

Carl Ours Jr. won't be eating Castleberry Food Co.'s chili again

The New London resident planned to file a lawsuit in federal court Wednesday or today.

The civil lawsuit claims he developed botulism after eating some of the company's chili sauce in late June 2007.

Shortly after digging into a can of the chili on a camping trip, the 39-year-old man said he started having trouble chewing and swallowing food, and his muscles weakened.

The symptoms grew worse, and he was flown by helicopter to Cleveland Clinic, where he was diagnosed with the potentially fatal illness, a draft of the lawsuit states.

"He was in bad shape ," said his 72-year-old father, Carl Ours Sr. of Norwalk. "It was a life-or-death thing."

The rest of Frolik's story can be found here.

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Marler Blog, also known as Bill's Blog, often breaks food illness news ahead of the Main Stream Media.  Written personally by Bill Marler, managing partner of the Seattle-based Marler Clark law firm, Marler Blog is in the best position in the nation when it comes to knowing what's being done to advance the interests of victims of food-borne illness. 

Yesterday there was another example of this fact when Marler Blog reported:

A lawsuit was filed today against Castleberry’s Food Co., the company that recalled tens of millions of pounds of canned meat products sold under over 80 different labels after they were identified as the source of a botulism outbreak in July, 2007. The lawsuit was filed in Federal District Court for the Northern District of Ohio on behalf of Carl Ours, a New London, Ohio resident who became ill with botulism poisoning after consuming Castleberry’s Chili Sauce in late June of 2007. Mr. Ours is represented by Marler Clark of Seattle and Murray & Murray of Sandusky, Ohio.

In the lawsuit, the plaintiff alleges that he consumed Castleberry’s Chili Sauce on or about June 28, 2007, and began suffering from symptoms of botulism, including muscle weakness, inability of swallow, and choking while eating, on June 30. Mr. Ours’ symptoms worsened and within days he suffered weakness in his arms and legs that progressed until he had difficulty walking. He sought emergency treatment several times before being taken by “life-flight” helicopter to the Cleveland Clinic, where he was diagnosed with botulism poisoning. Mr. Ours was hospitalized from July 7 to August 3, and was then transferred to a nursing home to continue his recovery. He returned home on August 24, but continues to suffer physical injury as a result of his botulism illness.

Castleberry’s sold a product that was unsafe for human consumption and now owes a duty to its injured customers to compensate them for their injuries,” said William Marler, managing partner of Marler Clark. “It’s only right for Castleberry’s to offer restitution for Mr. Ours’ physical, emotional, and financial losses. His medical expenses and lost wages alone total over $100,000.”

Botulism is a rare but serious paralytic illness that is caused by a nerve toxin produced by Clostridium botulinum. Symptoms of botulism include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth, and muscle weakness. The illness can cause paralysis, respiratory failure, and death.

Marler added, “Without proper medical care, Mr. Ours and others who were part of the outbreak might not still be with us today.”

Watch the MSM, they wll catch up soon!

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Unpasteurized carrot juice made by Bolthouse Farms was responsible for four cases of botulism in the United States and three in Canada in late 2006.  The Bakersfield, CA-based company dropped unpasteurized carrot juice from its product lineup after it caused the botulism outbreak.

The latest development is a lawsuit in Canada filed on behalf of Susanna Chen and her husband, Andy Valy.  Both nearly died after drinking the unpasteurized carrot juice in August 2006.   Ms. Chen drank the juice first, and was in the hospital when Mr. Valy drank the same product because he was not aware of what made his wife sick.

Both fell into comas and it weeks passed before health officials figured out they were dealing with deadly botulism poisoning.  Bolthouse Farms blames the couple for not keeping the juice cold enough.

The National Post reported that the couple's lawyer sees it differently. The NP says:

"Michael Shannon, a lawyer representing the couple, disagrees. “They refrigerated the product, they just drank a toxic cocktail that they weren’t aware of.”  Mr. Shannon refused to disclose the amount the couple is suing for, except to say they will be launching a suit in the United States for pain and suffering.

Ms. Chen remains in a rehabilitation center and Mr. Valy was only discharged from the hospital in January.  Health officials say they had among the most severe botulism anyone has survived.

Go here for the complete NP story.

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Beans, blackeyed peas,  and asparagus are among the vegetables canned under various labels by the New Era Canning Company, whicch is based in Michigan.  Oh, and they just may include some very deadly botulism in each can.

New Era's recall has expanded and expanded again and again since this all began.   It now stretches back to include all its product back five years.   Its sufficiently complicated that the U.S. Food & Drug Administration (FDA) sponsors a website to keep track of it all.

FDA's New Era website can be found here.  If you buy your veggies in large cans, you better be checking the site and the long, long list of what's on the recall.

For as much as this has to be costing New Era, so far the company has been very, very lucky as there have been no reports of anyone getting sick from its botulism-tainted cans.  FDA says:

C. botulinum produces the toxin that causes botulism and can cause life-threatening illness or death. The affected New Era products are large institutional-sized cans, weighing between six and seven pounds, of various types of beans, blackeye peas, and asparagus.

To date, no illnesses have been reported to the FDA. However, consumers should not consume these products, even if they appear to be normal, because of the potential serious risk to health. Consumers who have the affected products, or who have used them in recipes, should immediately throw the cans and food away.

The potentially contaminated products are marketed under ten different brand names:

1. Classic Sysco
2. Code
3. Frosty Acres Restaurant’s Pride Preferred
4. GFS
5. Kitchen Essentials
6. Monarch Heritage
7. Necco
8. New Era
9. Nugget
10. Reliance Sysco

Processors other than New Era may be packing these brands. Only products packed by New Era are subject to the recall, so individuals must check the lot numbers on the bottom of the cans to determine if the product is affected by the recall. 

Like we said, you better check the website.

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