Atlanta Personal Injury Lawyer - Food Poisoning

Georgia Food Inspectors Under Scrutiny from Themselves

Jessica Smagacz — Sun, 19 Apr 2009 11:24:28 GMT

Atlanta Journal-Constitution reported that the FDA now wants states to evaluate and assess their own inspection plans. FDA wants to implement this new plan even after Georgia failed to prevent the salmonella outbreak that was traced back to the Peanut Corporation of America’s Blakely peanut plant, “exposing broad gaps in the nation’s food safety system.”

Apparently, FDA is required to evaluate the performance of states it pays to inspect food processors. However, FDA hasn’t formally reviewed Georgia’s performance since 2001. “During that time, eight people contracted botulism from chili sauce canned in Augusta, contaminated peanut butter from Sylvester sickened hundreds, and salmonella-tainted products from Peanut Corporation of America have been blamed for nine deaths and more than 700 illnesses.”

Inspectors at the state Agriculture Department went with the “no-news-is-good-news approach” and thought they were doing a fine job. Oscar Garrison, Georgia’s assistant agriculture commissioner for consumer protection referring to the FDA, said, “If they haven’t raised issues, they don’t have any issue with how we conducted those inspections. That’s all we have to go on.”

Currently, FDA delegates about 80 percent of food processing inspections to state regulators. “Agencies with food safety responsibilities often don’t communicate with each other and, in some cases, are prevented by law from sharing information. When catastrophes such as the Peanut Corporation salmonella outbreak occur, no single federal, state or local agency has the authority to take charge.”

FDA is now shifting more responsibilities to the states because of their chronic inadequate budgets. Georgia has until October to complete its first evaluation. They have to examine certifications that inspectors have adequate training that laboratories are properly funded and that state regulations conform with federal food safety standards.

Originally posted at InjuryBoard by Jessica Smagacz

Georgia is Still Behind in Food Safety

Jessica Smagacz — Mon, 13 Apr 2009 16:47:01 GMT

Today the Atlanta Journal-Constitution (AJC) reported that Georgia “has largely failed to reduce the number of illnesses caused by food-borne contamination over the past four years.” This report came from officials at the Centers for Disease Control and Prevention (CDC).

Dr. Robert Tauxe, a top food safety official at CDC, said “In Georgia, as in other sites, there has been very little evidence of process in food safety over the past four years.”

Georgia had the second highest rate of salmonella in a ten state study in the year of 2008, also including previous years.

This apparently is a much more difficult problem to tackle than what was previously thought of.

Now, the agency is increasing the testing of Georgia foods, modernizing the testing, and shifting staff to place more inspectors in the field.

This comes after the salmonella outbreak involving peanuts and pistachios! The peanut salmonella outbreak was traced to the Peanut Corporation of America’s facility in Georgia that sickened 690 people in 46 states.

AJC states that salmonella is the most common form of food poisoning. Georgia had a rate of about 24 cases per 100,000 people in 2008 alone.

The spotlight continues to grow on Georgia.

Originally posted at InjuryBoard by Jessica Smagacz

One Million Pounds of Pistachios Recalled because Salmonella

Jessica Smagacz — Tue, 31 Mar 2009 09:33:45 GMT

USA Today reported that a California company is recalling one million pounds of pistachios after test results found them contaminated with salmonella.

These pistachios were distributed nationwide. FDA is advising consumers to not eat pistachios and foods containing them until FDA can confirm which pistachios might be affected.

Currently, there have been no illnesses tied to the pistachios and this is also unrelated to the recall of peanut products tired to the widespread salmonella outbreak.

FDA’s associate commissioner for foods, David Acheson, says “This was not triggered because of an outbreak, in contrast to the peanut butter. This is an example of FDA getting out ahead of the curve.”

The number of recalled products is likely to grow as the investigation continues. The pistachios have been sold for use in baked goods, ice cream and other products.

“The contamination was discovered when Kraft Foods, which had purchased pistachios from Setton Farms, did routine testing as part of its internal food-safety process.” Kraft contacted FDA and informed them of its findings on March 24 and initiated a recall of the product, Back to Nature Nantucket Blend trail mix.

Setton Farms, the second largest U.S processor of pistachios, sold its pistachios to about 30 wholesalers in 1,000 and 2,000 pound containers.

Originally posted at InjuryBoard by Jessica Smagacz

New Peanut Safety Guidelines set by FDA

Jessica Smagacz — Thu, 12 Mar 2009 21:26:59 GMT

This past Tuesday, FDA issued new safety guidelines for companies that use peanut products, reported Red Orbit.

FDA said “it may seize products that test positive for salmonella bacteria, which can become heat-resistant in high-fat environments such as peanut butter.”

In the new safety guidelines, FDA provides recommendations relevant to the recent salmonella outbreak. The recent salmonella outbreak sickened 683 people in 46 states. It also resulted in 3,235 products to be recalled.

“The outbreak has renewed calls for an overhaul of U.S. food safety protocols.”

What happens is that improperly roasted peanuts used in the making of peanut butter or peanut paste can harbor salmonella bacteria. Additionally, baking peanut butter into cookies and crackers might not be adequate to kill the salmonella bacteria.

Because of all of this, FDA “called on food manufacturers to only purchase peanut products ‘from suppliers with validated processes in place to adequately reduce the presence of salmonella species.’”

Companies are also encouraged to conduct their own tests to check for salmonella bacteria in the products they make.

Originally posted at InjuryBoard by Jessica Smagacz

PCA President Refuses to testify to Congress & is MORE concerned with Money

Jessica Smagacz — Wed, 11 Feb 2009 17:03:19 GMT

The latest news on the Peanut Corporation of America (PCA) where the national outbreak of salmonella started is that PCA’s president, Stewart Parnell refused to testify in front of Congress, reports the Atlanta Journal-Constitution.

Interesting information came out of the documents and testimony presented at the congressional subcommittee hearing this past Wednesday: “Peanut Corp. of America knew of salmonella contamination within its Blakely plant even while federal officials were tracking the national salmonella outbreak, but apparently put profits ahead of public safety.” Not surprisingly, this company and its president put PROFITS before PEOPLE. Just as I posted about yesterday, PCA still claims they did nothing wrong.

The peanut butter scandal is just getting worse. Jane Akre mentions in her post: Peanut Corp. President Refuses to Testify to Lawmakers, PCA president was called before the House Subcommittee on Oversight and Investigation “to explain internal company e-mails disclosing that he ordered salmonella tainted products shipped while awaiting the results of tests, and even after he had positive results for salmonella.” Stewart Parnell did not even go before the committee and neither did Sammy Lightsey, the plant manager. They invoked their right Fifth Amendment right.

If they would have attended the hearing, they would have heard victims sharing their stories of dead loved ones that were killed by the salmonella. This is the salmonella that was linked to PCA.

If this wasn’t enough, both Stewart Parnell and Sammy Lightsey “refused to answer any questions from committee members—including whether they would eat any of their own products, which one congressman showed off in a plastic container wrapped with yellow caution tape.”

So what did these e-mails say anyway?

Lightsey wrote to Parnell about the positive salmonella tests on PCA products. Parnell gave Lightsey instructions “nonetheless [to] ‘turn them loose’ after getting a negative test result from another testing company.”

In another e-mail, “Parnell expressed his concerns over losing ‘$$$$$$’ due to delays in shipment and costs of testing.”

The PCA president also accused the media of “looking for a news story where there currently isn’t one.”

Hello?!!! 9 people have now been killed and 600 hundred have been sickened from the salmonella confirmed at PCA!

In another e-mail to the FDA, Parnell pleaded with the agency to let PCA stay in business. This was on January 19th.

I am still experiencing outrage. Profits over people?

Originally posted at InjuryBoard by Jessica Smagacz

PCA President & Company still claim they did NOTHING Wrong

Jessica Smagacz — Tue, 10 Feb 2009 20:38:46 GMT

Despite FDA confirming the contamination of salmonella at the Peanut Corporation of America’s (PCA) plant in Georgia and finding reports of about 12 other times where PCA had problems with salmonella, PCA claims they have done nothing wrong.

As a fellow consumer, this certainly bothers me. The peanut butter & salmonella outbreak is huge. It is now part of one of the nation’s largest recalls in history.

Because PCA claims they have done nothing wrong, I want to examine the events that lead to where we are now:

· First, Minnesota Health officials found salmonella in a five pound tub of peanut butter manufactured by PCA.
· Then, FDA initiated a major investigation which included PCA’s facilities. It was soon after that salmonella was confirmed at PCA’s Georgia facility.
· Then after PCA was placed in the spotlight, further investigations revealed PCA had 12 other incidences in the past couple of years with salmonella bacteria.
· FDA then revealed reports finding PCA’s Georgia plant in gross & dirty conditions: roaches, mold, and a leaking roof.
· Now, the most recent news comes from News Inferno today saying that PCA shipped the peanuts that tested positive for salmonella before the second round of tests were completed. Last week, PCA official stated the exact opposite: they told FDA the peanuts tested negative for salmonella in the second round of testing.
· Also, FBI has raided PCA’s Georgia plant and its Lynchburg, Virginia plant.

After all this, PCA is still saying they have done nothing wrong? This doesn’t seem right.

A local Virginia newspaper reported that PCA’s President, Stewart Parnell, & his family are keeping a low profile. He has not spoken publicly and has “repeatedly denied interview requests.” The newspaper notes, “Even the company’s Web site, which once boasted of Peanut Corp.’s history and gave details about its operations, has been deleted except for one page with a few press releases.”

Now, I look at what has happened because of the salmonella: 8 people have died and over 500 have been sickened. Do we deserve this?

Over the weekend in New Orleans, I discussed this issue with several law students and attorneys. A fellow friend & law student recommended that I raise this issue: Now that PCA’s Georgia plant is temporarily closed & the potential for a great amount of law suits to be filed against PCA is present, what do we do with the job situation? We are attacking PCA but at the same time, instead of creating jobs, we are taking away jobs. In our economy today & where it is headed, do we need this?

My answer was simple but not as well thought out: Safety comes first.

What do you think?

Originally posted at InjuryBoard by Jessica Smagacz

New Georgia Food Safety division Desired in the wake of PCA & the Salmonella Outbreak

Jessica Smagacz — Thu, 05 Feb 2009 22:51:32 GMT

Associated Press reported yesterday that Tommy Irvin, Georgia Agriculture Commissioner called for a new state division. The division would focus on food safety monitoring “in the wake of a widespread salmonella outbreak linked” to Peanut Corporation of America (PCA) Georgia plant.

Of course, this comes after salmonella bacteria was confirmed at PCA’s Georgia plant and investigators found the plant in gross conditions—roaches, leaking roof, and mold.

With a division focusing on food safety monitoring, it enables more attention to be placed on food safety than there has been in the past.

PCA is now under a criminal investigation. The company’s internal records showed problems with salmonella about a dozen times.

Governor Sonny Perdue said Wednesday that he supported criminal charges if PCA knowingly broke food safety laws. The Georgia Bureau of investigation is currently reviewing whether PCA violated state laws.

The Governor told hundreds of agriculture leaders, “When we have people who don’t take that responsibility seriously, when we have people who violate that sacred chain of command in food safety, then something must be done.”

Originally posted at InjuryBoard by Jessica Smagacz

Consumers Questioning the True Safety of Products

Jessica Smagacz — Tue, 03 Feb 2009 09:41:00 GMT

The Georgia local news discussed the recent salmonella outbreak and what Georgia is currently doing to prevent incidents like this from occurring again.

Currently, there is a bill being introduced at the Georgia capital that will give the agriculture department more power to enforce testing by these processing companies and make the companies turn over any bad results.

This move to introduce this bill comes after the national salmonella outbreak was linked to the Peanut Corporation of America’s (PCA) Georgia processing plant. Once salmonella bacteria was confirmed at PCA’s Georgia plant, FDA and Georgia state continued their investigations. Along with finding the plant in a complete mess, with mold, leaking roof, and roaches, the FDA came across PCA reports that revealed the company had a salmonella problem for the past two years. Even with the knowledge of having a salmonella problem, PCA continued selling their products.

In the local broadcast, Attorney Andy Childers at Childers & Schlueter, LLP, a Georgia law firm was interviewed. His law firm has represented several people affected by past salmonella outbreaks and current. He said, “All 3 outbreaks prove that both that the FDA & Georgia’s agriculture department are not doing a good enough job policing food safety especially when it took a federal Bio-terrorism Act to pry lose the test results from the Blakely processing plant.” They “found salmonella on 12 occasions and the FDA and state didn’t know anything about it. How you can call that enforcement is beyond me.”

Susan Doss, a 35 year old affected by a previous salmonella outbreak from jalapenos was also interviewed. She had severe symptoms and later experienced related reactive arthritis that practically paralyzed her. After this current salmonella outbreak, she finds herself questioning the safety of products.

Symptoms of salmonella include Diarrhea, fever, and abdominal cramps. If you or someone close to you has salmonella poisoning, you may want to contact the attorneys at Childers & Schlueter, LLP to see how they can help protect your legal rights.

Originally posted at InjuryBoard by Jessica Smagacz

Criminal Charges brought against Peanut Corporation of America

Jessica Smagacz — Mon, 02 Feb 2009 21:44:22 GMT

Local eyewitness news reported that authorities began a criminal investigation into the Peanut Corporation of America’s (PCA) Georgia facility because of the link to the salmonella outbreak.

Throughout their investigation in the Georgia plant, FDA found a complete mess: a leaking roof, mold, and roaches.

This investigation into PCA comes after Minnesota officials found salmonella in an open tub of peanut butter manufactured by PCA. More information led to FDA finding PCA already had salmonella problems; however PCA continued to sell the products!

“They put the product on the shelf knowing that it had been infected, and I feel they should be responsible for the people they hurt.” Laura Minto, a mother of an infected 24 month old said recently.

The attorneys at the Atlanta law firm Childers & Schlueter, LLP are currently representing Laura Minto & her son in a suit against PCA.

As the criminal investigation into PCA continues, recalls of products that contain peanut butter or peanut paste continue. Check out FDA’s website for more information regarding recalls.

Originally posted at InjuryBoard by Jessica Smagacz

Roaches, Mold & Leaks Found PCA’s Georgia Facility

Jessica Smagacz — Mon, 02 Feb 2009 14:32:33 GMT

The Peanut Corporation of America (PCA) has been under investigation ever since Minnesota officials found salmonella bacteria in a tub of their manufactured peanut butter.

FDA inspectors found roaches, mold, and a leaking roof inside PCA’s Georgia facility. Check out the latest CBS News Video on the continuing investigation.

After continuous investigations at PCA’s Georgia facility, FDA found that the company found salmonella and still sold their products anyway the past two years.

Over 500 people have been sickened by this salmonella outbreak leading to 420 products and counting that have been pulled from shelves.

Laura Minto’s son, a 24 month year old was “violently sick” because he ate tainted peanut butter. On the CBS news Video, she says, we, as consumers are “depending on people to put out products that are safe.”

The attorneys at the Atlanta law firm Childers & Schlueter, LLP are currently representing Laura Minto & her son in a suit against PCA.

This 24 month old is one of hundreds experiencing the bad effects of salmonella sickness.

FDA is also under scrutiny for missing red flags. There was a shipment to Canada of PCA’s peanuts that Canada ultimately refused because they had metal fragments. FDA never inspected PCA’s Georgia plant after this incident.

Originally posted at InjuryBoard by Jessica Smagacz