Raw Tuna Scrape Lawsuit Outbreak Updated: 316 Now Ill
Fred Pritzker 
The CDC has updated the outbreak of two types of Salmonella bacteria tied to a raw tuna product called Nakaochi Scrape imported from India by Moon Marine USA Corporation. As of May 17, 2012, 316 people in 26 states and the District of Columbia have been sickened by this product.
The raw tuna was used to make spicy tuna rolls and other types of sushi, then sold at grocery stores and restaurants around the United States. Because Salmonella Bareilly and Salmonella Nchanga, the two bacteria that caused the illnesses and was found in the product do not naturally occur in tuna, contamination most likely happened during processing or shipping.
Contact Fred for a free Salmonella case review.In fact, the FDA inspected Moon Fishery, the facility located in India that produced the Nakaochi Scrape, in April 2012. They found several violations of food safety laws, including no controls for ”the processing steps of cutting, scraping, and vacuum packaging performed in your processing room” at a temperature necessary to control pathogen growth. The FDA issued a report about that inspection this week.
The government has separated the case counts for the two bacteria that caused the outbreak. The case count for Salmonella Bareilly illnesses stands at 304:
- Alabama (3)
- Arkansas (1)
- California (4)
- Colorado (1)
- Connecticut (9)
- District of Columbia (2)
- Florida (1)
- Georgia (13)
- Illinois (27)
- Indiana (1)
- Louisiana (4)
- Maryland (27)
- Massachusetts (33)
- Mississippi (2)
- Missouri (4)
- Nebraska (1)
- New Jersey (26)
- New York (48)
- North Carolina (10)
- Pennsylvania (25)
- Rhode Island (6)
- South Carolina (3)
- Tennessee (4)
- Texas (7)
- Virginia (22)
- Vermont (1)
- Wisconsin (19)
The case count for Salmonella Nchanga infections stands at 12:
- Georgia (2)
- New Jersey (2)
- New York (6)
- Virginia (1)
- Wisconsin (1)
The 58 new cases came from 17 states. The two new states included in the outbreak are Colorado and Indiana.
The government has tested intact packages of the Nakaochi Scrape in state labs, including Connecticut, Maryland, Massachusetts, Pennsylvania, South Carolina, and Washington and has matched the DNA of the bacteria found in those samples to the bacteria that has made people sick.
When Moon Marine USA offered this product for sale, they were warranting that it was fit for human consumption and unadulterated when in fact it was not. If you or a member of your family has been sickened by this product, please see your doctor. And contact our experienced Salmonella attorneys to protect your legal rights.
The long term effects of food poisoning can be severe. Anyone injured by an adulterated product deserves full and fair compensation under the law. Contact me or one of the attorneys from my firm at 1-888-377-8900 (toll free) or fill out the online consultation form.
Map provided courtesy of the CDC
Restaurant E. coli Outbreak in Spartanburg SC Includes HUS, Thrombocytopenia Purpura TTP
Attorney Fred Pritzker
A restaurant E. coli outbreak in Spartanburg, South Carolina, has sickened at least 11 people, two with E. coli HUS and possibly others with the adult version of that potentially deadly disease: Thrombotic Thrombocytonic Purpura (TTP).
The South Carolina Department of Health and Environmental Control is investigating and has issued an official health advisory to state doctors, hospitals and medical clinics for health care providers to be aware of signs and symptoms of E. coli O157:H7 infection and HUS, or hemolytic uremic syndrome, the leading cause of kidney failure in children and a disease that is deadly about 5 percent of the time in children.
“DHEC is investigating an outbreak of Shiga toxin-producing Escherichia coli (STEC) related to dining at a Spartanburg-area Mexican restaurant during the last week of April, 2012. Preliminary lab results indicate the E. coli serotype being O157:H7. Of the 3 cases interviewed thus far, two reported the infection has progressed to hemolytic uremic syndrome (HUS), a severe condition associated with STEC infection that can lead to kidney failure. Interviews with an additional 8 cases are in progress.”
E. coli lawyer Fred Pritzker, founder and president of Pritzker Olsen Attorneys, also is investigating this outbreak. He has questioned why authorities have not named the Spartanburg area Mexican restaurant that is associated with people getting sick with one of the most feared types of food poisoning. Naming the restaurant and identifying the food item causing this outbreak is crucial to protecting others from falling ill.
If you or someone close to you has been contacted by Spartanburg health authorities about this E. coli outbreak, you likely have a case to make against the restaurant and its insurance company to recover damages. We represent E. coli HUS outbreak victims and have collected tens of millions of dollars for victims. Our law firm is one of the very few in the country that practices extensively in the area of foodborne illness litigation and Mr. Pritzker is a noted trial attorney with years of experience in food poisoning litigation. Contact him for a free case review at 1-888-377-8900 (Toll Free) or leave your contact information online and he will call you.
Wal-Mart and Toys-R-Us Pool Slide Recall Prompted by Death and Severe Neck Injuries
Attorney Fred Pritzker
Wal-Mart Stores Inc., of Bentonville, Ark. and Toys R Us Inc., of Wayne, NJ have announced a pool slide recall involving about 21,000 inflatable Banzai in-ground pool water slides. There are two apparent design defects:
- During use, the slide can deflate, allowing the user to hit the ground underneath the slide and become injured.
- The slide is unstable and can topple over in both still and windy conditions
In addition, the Banzai pool slide carries inadequate warnings and instructions. Defects like these give rise to strict liability claims seeking significant money damages. Strict liability means that the plaintiff in a lawsuit (the injury victim or family of the person who died) does not have to prove negligence on the part of the manufacturer.
At least one person has died while sliding down the Banzai pool slide . a 29-year-old Colorado mother died in Andover, Massachusetts, after fracturing her neck going down a Banzai in-ground pool water slide which had been placed over the concrete edge of a pool. The victim hit her head at the bottom of the slide because it had partially deflated.
At least two other people suffered severe neck injuries from deflated Banzai pool slides:
- a 24-year-old man from Springfield, Missouri, who became a quadriplegic, and
- a woman from Allentown, Pennsylvania, who fractured her neck.
Recall Description
The recall involves Banzai in-ground pool water slides designed for use with in-ground pools. The vinyl slides have a blue base, yellow sliding mat and an arch going over the top of the slide. By connecting a hose to the top of the slide, water can be sprayed on its downward slope. The words ‘Banzai Splash’ are printed in a circular blue, orange and white logo, shaped like a wave on either side of the slide.
The recalled slides, which were manufactured in China by Manley Toys, Ltd, were sold at Walmart and Toys R Us nationwide from January 2005 through June 2009 for about $250. The recalled slides have the barcode number 2675315734 and model number 15734. Both the barcode and model number appear on the original packaging but are not on the actual slide.
California Raw Milk Campylobacter Recall, Outbreak and Quarantine
Attorney Fred Pritzker
A California raw milk recall and quarantine has been ordered in connection with a Campylobacter outbreak that has been linked to raw cream produced by Organic Pastures Dairy of Fresno County. It’s the second time in six months that state public health officials in California have forced a recall of raw milk products from Organic Pastures. In December, inspectors found E. coli in the dairy’s raw milk.
Raw milk, raw skim milk, raw cream and raw butter produced by Organic Pastures Dairy is subject to the statewide recall and quarantine order announced by California State Veterinarian Dr. Annette Whiteford. Consumers are strongly urged not to consume any Organic Pastures products of these types remaining in their refrigerators and retailers are to pull the products immediately from their shelves.
From January through April 30, 2012, the California Department of Public Health discovered at least 10 state residents who reported consuming Organic Pastures raw milk became infected with Campylobacter, a human pathogen that harbors in the intestines and feces of animals, including dairy cows. The outbreak victims range in age from nine months old to 38 years. They are residents of Fresno, Los Angeles, San Diego, San Luis Obispo and Santa Clara counties. None of the patients have been hospitalized, and there have been no deaths.
Symptoms of Campylobacter infection include diarrhea, abdominal cramps and fever. Most people with campylobacteriosis recover completely, but there can be long-lasting effects and some people may suffer complications that can become severe. Illness usually occurs 2 to 5 days after exposure to the bacteria and lasts about a week. A percentage of people may have joint pain and swelling after infection. In addition, a rare disease called Guillain-Barre syndrome that causes weakness, paralysis and respiratory failure can occur several weeks after the initial illness.
Call a Campylobacter Attorney
If you or someone close to you are experiencing symptoms of Campylobacter infection after consuming unpasteurized dairy products from Organic Pastures, you should immediately seek medical attention. For questions about pursuing a raw milk Campylobacter claim against the purveyor, contact Pritzker Olsen Attorneys for a free case review or call 1-888-377-8900 (Toll Free).
Pritzker Olsen is one of the very few law firms in the country practicing extensively in the area of foodborne illness litigation and we currently represent a man who was paralyzed from complications of a raw milk Campylobacter infection. Even if your illness in the current California outbreak was not life threatening, you could still receive substantial compensation while also holding those who sold you an adulterated product accountable for making people sick.
Over the years our firm has collected millions for victims of food poisoning outbreaks and our attorneys are actively involved in a variety of causes to stop the spread of harmful pathogens in the U.S. food supply. Earlier this year, for instance, our founder and president, Fred Pritzker, was invited to a prestigious panel at Harvard University to debate raw milk as a national health issue.
Tuna Recall Lawsuit Seeks Salmonella Victim Compensation: Free Attorney Consultation
I and my Salmonella litigation team are representing several victims of the Salmonella outbreak linked to recalled scrape tuna processed and distributed by Moon Marine USA Corporation of California. This week, we filed a lawsuit against the company on behalf of one of the victims, and we are preparing to file several additional lawsuits seeking compensation for victims’ medical expenses, lost income, physical pain, emotional distress and other damages. The tuna recall lawsuit was filed in the United States District Court, District of Massachusetts, Boston Division (case number 1:12-cv-10819-RGS).
We represent Salmonella victims throughout the United States. Call 1-888-377-8900 and ask to speak with one of the firm’s Salmonella lawyers. Ryan Osterholm and I are the firm’s lead attorneys for this outbreak.
The sushi tuna outbreak of 2012 has sickened people in the following states: Alabama, Arkansas, California, Connecticut, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Vermont, and Wisconsin.
Tuna Recall Lawsuit Legal Claims
The lawsuit filed this week asserts that Moon Marine was negligent and that the company breached express and implied warranties made to its consumers, including the implied warranty of merchantability and of fitness for a particular use as defined under state law. Regardless of the state where your lawsuit is filed, these will most likely be the legal claims made.
Negligence
The lawsuit against Moon Marine asserts that the company had a duty to manufacture wholesome and safe food products intended for human consumption and that it breached this duty because it failed to do the following:
- train and properly supervise production workers and other employees;
- safely produce, store and transport the recalled tuna products, 58,828 lbs of a frozen raw yellowfin tuna product, labeled as Nakaochi Scrape AA or AAA. Nakaochi Scrape;
- maintain sanitary conditions during and after production; failed to prevent cross-contamination;
- implement and supervise a system for assuring safe production and handling of its products;
- properly test the tuna for Salmonella contamination.
In addition, the lawsuit alleges that Moon Marine manufactured, shipped, distributed and sold in interstate commerce “Nakaochi Scrape” that was adulterated because it was contaminated with Salmonella Bareilly, a dangerous pathogen. If proven, this was a violation of federal law (21 USC § 331) and constitutes negligence.
Breach of Warranty
The tuna recall lawsuit asserts that Moon Marine expressly warranted through the sale of food to the public that the food it prepared and sold was fit for human consumption, and not otherwise adulterated or injurious to health. The lawsuit alleges that the “Nakaochi Scrape” produced and sold by Moon Marine (and consumed by the Salmonella victim who filed the lawsuit) was contaminated with Salmonella Bareilly, a dangerous pathogen, and that Moon Marine thereby breached the implied warranty of merchantability.
You have suffered and will continue to suffer great physical and emotional pain because tuna scrape was adulterated with a dangerous pathogen. Contact me about a lawsuit at 1-888-377-8900 (toll free) or submit the free consultation form.
