Marler Clark, Attorneys at Law L.L.P., P.S.

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Nebraska Beef E. coli Outbreak, 2008 - Nationwide

In late June of 2008, public health officials in Michigan and Ohio began investigating several cases of E. coli O157:H7.  An epidemiological investigation showed that cases in both states had become ill after being exposed to the same source, and pulsed field gel electrophoresis (PFGE) conducted on isolates from patient stool samples showed that all cases had become infected with an indistinguishable strain of E. coli O157:H7.  Through further investigation, public health officials at the Michigan and Ohio departments of Agriculture and Health were able to determine that the source of the E. coli outbreak was ground beef purchased at Kroger stores. 

On June 25, The United States Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced that Kroger stores were recalling an undetermined amount of ground beef for E. coli O157:H7 contamination.  The potentially contaminated meat was sold at Kroger stores in Michigan and Ohio between May 21, 2008 and June 8, 2008.  In its press release regarding the recall, FSIS announced that public health officials in Michigan and Ohio had identified 32 E. coli cases associated with the recalled meat products – 15 in Michigan and 17 in Ohio.

On June 30, FSIS announced that Nebraska Beef was recalling 531,707 pounds of E. coli-contaminated meat that had been sold to retail locations in several states. 

On July 3, Kroger expanded its E. coli-related recall to include an undetermined amount of ground beef for potential E. coli contamination.  The meat was sold at Kroger stores between May 17 and July 5, 2008.  Epidemiological and case control studies conducted by Michigan and Ohio public health and agriculture departments had by then identified 41 illnesses associated with the recalled ground beef – 21 in Michigan and 20 in Ohio.  In its recall announcement, Kroger identified stores that had sold the contaminated meat, including Fred Meyer, QFC, Kroger, Fry’s, Ralph’s, Smith’s, Baker’s, King Soopers, City Market, Hilander, Owen’s, Pay Less, Scott’s, Dillons, and Gerbes. 

Also on July 3, Nebraska Beef expanded its original meat recall to include all beef trimmings and other products intended for use in ground beef production between May 16 and June 26.  In total, Nebraska Beef was recalling 5.3 million pounds of potentially E. coli-contaminated meat that was intended for use in ground beef production. 

On July 18, 2008 the CDC announced that 49 confirmed E. coli O157:H7 cases had been linked both epidemiologically and by molecular fingerprinting to the consumption of ground beef products produced with Nebraska Beef meat.  The number of cases in each state was reported to be: Georgia (4), Indiana (1), Kentucky (1), Michigan (20), New York (1), Ohio (21), and Utah (1). Their illnesses began between May 27 and July 1, 2008. Twenty-seven persons had been hospitalized, and one patient was known to have developed a type of kidney failure called hemolytic-uremic syndrome (HUS). No deaths had been reported.

On August 8, 2008 Nebraska Beef recalled an additional 1.2 million pounds of meat for potential E. coli contamination after a cluster of Boston illnesses was traced to Whole Foods, whose processor, Coleman Natural Meats, purchased the meat from Nebraska Beef.  As many as 30 E. coli cases were reported in California, Colorado, Connecticut, Idaho, Illinois, Massachusetts, New Jersey, New Mexico, Pennsylvania, Virginia, and Canada in association with the August recall. On August 14, Nebraska Beef expanded its recall to include 160,000 pounds of meat, bringing the total meat recalled in August to 1.36 million pounds.

Marler Clark filed the first E. coli lawsuit stemming from the outbreak on June 30, and later filed lawsuits on behalf of Ohio and Georgia victims.  The firm represents over a dozen individuals in claims against Nebraska Beef, Kroger, and other entities who sold the E. coli-contaminated meat.

The Marler Clark Network