Wegmans Salmonella Lawsuit Filed in New York as Outbreak Linked to Pine Nuts Grows
Attorneys Fred Pritzker and Ryan Osterholm of our law firm filed a lawsuit in New York yesterday against Wegmans Food Markets and Sunrise Commodities (distributor) on behalf of a victim of the multistate Salmonella outbreak linked to Turkish pine nuts sold at Wegmans grocery stores. In September 2011, our client purchased pine nuts at Wegmans and made basil pesto with them. After eating the pesto, she began to suffer weakness, abdominal pain, diarrhea and fever. Her condition worsened, and she was later admitted to the hospital.
“This outbreak was caused by a breakdown in the food safety systems designed to protect consumers” said food safety attorney Fred Pritzker. “After-the-fact testing conclusively proved that the Turkish pine nuts were adulterated with Salmonella Enteritidis. Had these companies properly tested the product in the first place, this outbreak would not have occurred.”
CDC Update of Salmonella Outbreak Linked to Pine Nuts Sold at Wegmans
A total of 43 individuals infected with the outbreak strain of Salmonella Enteritidis were reported from 5 states. The number of ill persons identified in each state with the outbreak strain was as follows: Maryland (1), New Jersey (2), New York (28), Pennsylvania (8), and Virginia (4).
Among 43 persons for whom information was available, illnesses began on or after August 20, 2011. Ill persons ranged in age from <1 to 94 years, and the median age was 43 years old. Sixty percent of patients were female. Two patients were hospitalized.
Epidemiologic and laboratory investigations conducted by officials in local, state, and federal public health, agriculture, and regulatory agencies linked this outbreak to eating Turkish pine nuts sold in bulk bins at Wegmans grocery stores. Some Turkish pine nuts were consumed as an ingredient in prepared foods, such as Caprese salad or asparagus with pine nuts, sold at Wegmans stores. These pine nuts were imported from Turkey.
Among 40 ill persons for whom information was available, 28 (70%) reported consuming Turkish pine nuts or products containing these pine nuts in the week before their illness began.
Early in the investigation, shopper card information was collected and used to identify which specific products to suspect as sources of illness. Ill persons gave permission for public health officials to retrieve shopper card purchase information. A review of shopper card records identified that ill persons had purchased the same type of Turkish pine nuts from bulk bins at different locations of Wegmans grocery stores before becoming ill.
Laboratory testing conducted by public health laboratories in several states has identified the outbreak strain of Salmonella Enteritidis from 14 samples of Turkish pine nuts or pesto containing Turkish pine nuts.
- The Virginia Division of Consolidated Laboratory Services isolated the outbreak strain of Salmonella Enteritidis from Turkish pine nuts that were purchased from bulk bins at Wegmans stores and collected from an ill person’s home, and from retail samples of Turkish pine nuts collected from a Wegmans store where ill persons reported shopping.
- The New York State Department of Health, Wadsworth Center Laboratory, isolated the outbreak strain of Salmonella Enteritidis from three separate samples of homemade pesto containing Turkish pine nuts from three unrelated ill persons’ homes. In addition, culture of two samples of Turkish pine nuts which were purchased from bulk bins at different Wegmans stores and collected from two ill persons’ homes (one who also provided one of the pesto samples) yielded the outbreak strain.
- The Pennsylvania Department of Health Bureau of Laboratories isolated the outbreak strain of Salmonella Enteritidis from two samples of homemade pesto containing Turkish pine nuts from an ill person’s home, and from Turkish pine nuts which were purchased from bulk bins at two Wegmans stores and collected from two unrelated ill persons’ homes.
- The Maryland Department of Health and Mental Hygiene isolated the outbreak strain of Salmonella Enteritidis from a sample of pesto containing Turkish pine nuts, and from a sample of Turkish pine nuts which were purchased from bulk bins at a Wegmans store and collected from an ill person’s home. The outbreak strain was also isolated from a sample of bulk pine nuts collected from a second Wegmans store in Maryland that was not associated with any illnesses.
Chicken Liver Salmonella Outbreak in New York and New Jersey Prompts Recall
Our attorneys are investigating a lawsuit against Schreiber Processing and others for Salmonella poisoning from chicken livers. If you would like legal help, contact our Salmonella attorneys for a free consultation. We represent Salmonella victims nationwide.
Schreiber Processing Corporation of Maspeth, N.Y., is recalling an undetermined amount of broiled chicken liver products due to possible contamination with Salmonella Heidelberg. The recalled chicken livers are linked to a cluster of salmonellosis illnesses in New Jersey, New York, Maryland and Pennsylvania. There are about 170 confirmed cases to date.
The cases of Salmonella poisoning are linked to the consumption of broiled chicken livers which appear to be ready-to-eat, but are in fact partially cooked and need to be fully cooked before consumption. Illnesses are also linked to chopped liver made from this product at retail stores (see below).
The outbreak strain of Salmonella Heidelberg was isolated by the New York State Department of Agriculture and Market from samples of broiled chicken livers from the establishment, and chopped chicken livers produced at retail from these livers. This is solid microbiological evidence (the “smoking gun”) that can be used in a lawsuit against Schreiber Processing Corporation, a retailer and others.
The packages of recalled chicken liver sold by Schreiber Processing Corporation would have been repackaged and will not bear the original packaging information. When a company repackages a food product, they are generally strictly liable for that product, even if the Salmonella contamination happened before they bought the bulk product for repackaging. Contact our Salmonella lawyers for a free consultation.
The products subject to recall include:
- 10 lb. boxes with two, 5 lb. bags of “Meal Mart Broiled Chicken Liver; Made for Further Thermal Processing”
- 10 lb. boxes of loose packed “Chicken Liver Broiled”
Each bag or box bears the establishment number “P-787″ inside the USDA mark of inspection. The product was distributed to retail stores and institutional users in Florida, Maryland, Minnesota, New Jersey, New York, Ohio, Pennsylvania and Rhode Island.
Consumption of food contaminated with Salmonella can be life-threatening, especially to those with weak immune systems, such as infants, the elderly, and persons with HIV infection or undergoing chemotherapy. The most common manifestations of salmonellosisare diarrhea, abdominal cramps, and fever within six to 72 hours.
Complications of a salmonellosis include the following:
- Dehydration
- Bacteremia – life threatening infection of the blood that can infect the brain (meningitis), heart (endocarditis), bones (osteomyelitis), and other parts of the body
- Salmonella colitis
- Reactive arthritis (Reiter’s syndrome) – eye irritation, painful urination, painful joints and other sources of pain
- Death – Salmonella wrongful death lawsuit.
Contact our Salmonella lawyers for a free consultation.
The recalled chicken livers may have been received by the following:
FOREMOST CATERERS, ANDERSON AVENUE MOONACHIE NJ 07074
MEAT MENAGERIE, EAST PALISADES AVENUE ENGLEWOOD NJ 07631
MEAL MART, 4621 13TH AVENUE BROOKLYN NY 11219
MEAL MART, 4521 FT HAMILTON PKWY BROOKLYN NY 11219
DELICIOUS MART, 5421 NEW UTRECHT AVENUE BROOKLYN NY 11219
MEAL MART CORP., 14 LEE AVE BROOKLYN NY 11211
MEAL MART “WESLEY,” 455 RT 306 WESLEY HILLS NY 10952
SHAULY’S MEAL MART, 1973 60TH STREET BROOKLYN NY 11204
MEAL MART SOUTH FALLSBERG 845-434-3689 5115 MAIN ST SOUTH FALLSBERG NY 12779
WEISS MEATS, 5520 13TH AVENUE BROOKLYN NY 11219
MEAL MART, 7210 MAIN STREET FLUSHING NY 11367
WESLEY KOSHER SUPERMARKET, 455 RT 306 MONSEY NY
ATERES CHAYA, 1420 53RD STREET BROOKLYN NY 11219
STOCK CONG. ATERES MICHOEL, 5 DITMAS AVENUE BROOKLYN NY 11218
KITCHN/TOBI SCHIMMER, 118 MIDDLETON STREET BROOKLYN NY 11206
AVENUE M FOODS, 1920 AVENUE M BROOKLYN NY 11230
GLATT KOSHER FOOD, 128 2ND STREET LAKEWOOD NJ 08701
A & L FOODS INC, 4200 AMOS AVENUE BALTIMORE MD 21215
KING DAVID DELI LLC, 550 CENTRAL AVENUE CEDARHURST NY 11516
ARONS KISSENA FARMS, 72-15 KISSENA BLVD FLUSHING NY 11367
CATERING BY M SCHICK INC, 9024 FOSTER AVE. BROOKLYN NY 11236
ATERET AVOTH OF MIDWOOD, 1410 EAST 10TH STREET BROOKLYN NY 11230
AVE S SUPER MARKET, 802 AVE S BROOKLYN NY 11223
BETH MEDRASH GOVOHA, 617 6TH STREET LAKEWOOD NJ 08701
BRACHS “FIVE TOWNS” LLC, 11 LAWRENCE LANE LAWRENCE NY 11559
BROOKSIDE, 93 MANALAPAN AVENUE FREEHOLD NJ 07728
BUY RITE SUPERMARKET, 13 GREENFIELD ROAD WOODRIDGE NY 12789
CAMP ADAS YEREIM, 410 REVONAH HILL RD PARKSVILLE NY
CAMP MUNK, 163 QUEEN MOUNTAIN RD. FERNDALE NY 12734
CAMP BAIS YAAKOV COUNCIL, 482 STANTON CORNERS RD FERNDALE NY 12734
CHAP A NOSH/GOURMET GLATT, 137 SPRUCE ST CEDARHURST NY 11516
DOUGIES BBQ “TEANECK,” 184 W ENGLEWOOD AVENUE TEANECK NJ 07666
ELIZABETH ONE STOP KOSHER, 155 ELMORA AVENUE ELIZABETH NJ 07202
FLAM CATERING, 6543 RT 9 N HOWELL NJ 07731
CATERING BY M SCHICK INC, 9024 FOSTER AVE. BROOKLYN NY 11236
GOURMET GLATT EMPORIUM, 137 SPRUCE ST CEDARHURST NY 11516
GLATT 27 EXPRESS, 1109 RARITAN AVENUE HIGHLAND PARK NJ 08904
ROTTERDAM FREEZER, 14 ROTTERDAM INDSTRL PARK SCHENECTADY NY 12306
GOURMET ON J INC, 1412 AVENUE J BROOKLYN NY 11230
ILLES KOSHER POULTRY, 5502 16TH AVE BROOKLYN NY 11204
RABBI JACOB JACOBOWITZ, 628 BEDFORD AVENUE BROOKLYN NY 11211
MR G – MEISNER JER., P/U BY MR G
KABBALAH CENTRE, 155 EAST 48 STREET NEW YORK NY 10017
KEHILAH BUTCHER STORE, 1183 49TH STREET BROOKLYN NY 11219
KHAL CHASSIDIM / R’ KLIEN, 4820 15TH AVE BROOKLYN NY 11219
SHOPRITE-LAKEWOOD, 1700 MADISON AVE &KENNEDY LAKEWOOD NJ 08071
KOSHER CASTLE, 43 RT 59 MONSEY NY 10952
KOSHER VILLAGE, 911 E. COUNTY LINE ROAD LAKEWOOD NJ 08701
KOSHER WEST INC, 136 HILLSIDE BLVD LAKEWOOD NJ 08701
LEO’S DELI – KOSHER MART, PICK UP
YESHIVA BAIS HATORAH, 1815 SWARTHMORE AVENUE LAKEWOOD NJ 08701
MAIN EVENT CATERERS, 38 W FOREST AVENUE ENGLEWOOD NJ 07631
MAIN INGREDIENT INC, 215 MAIN AVENUE PASSAIC NJ 07055
MICKY MANTEL N/MORE ENT, 413 SPOOKROCK INDUS PARK SUFFERN NY 10901
MAUZONE MARKET PLACE, 341 CENTRAL AVENUE LAWRENCE NY 11559
GREENWALD CATERER, 40 E 8 STREET LAKEWOOD NJ 08701
MEISNER “KINGS HIGHWAY,” 815 KINGS HIGHWAY BROOKLYN NY 11233
MESIVTA NACHLAS YAAKOV, 143 LABAUGH ROAD LOCH SHELDRAKE NY 12747
MR BROADWAY/CHEZ LANU, 1372 BROADWAY NEW YORK NY 10018
NUSSYS CUISINE/MEAL MART, 41 MAIN STREET MONSEY NY 10952
OORAH CATSKILL RETREAT, 1805 SWARTHMORE AVENUE LAKEWOOD NJ 08701
OPPENHEIMER, 1113 CLIFTON AVENUE LAKEWOOD NJ 08701
PALM GARDEN NURSING HOME, 615 AVENUE C BROOKLYN NY 11218
RALEIGH HOTEL, 243 HEIDEN ROAD SOUTH FALLSBERG NY 12779
RENAISSANCE, 5902 14TH AVENUE BROOKLYN NY 11219
RICHTER CATERERS, 2517 AVENUE I BROOKLYN NY 11210
RIVERDALE GLATT SHOP, 3540 JOHNSON AVENUE BRONX NY 10463
SAMPO DISTRIBUTORS INC., 400 BELL AVENUE MCKEESROCKS PA 15136
SUNHARBOR MANOR, 255 WARNER AVENUE ROSLYN HEIGHTS NY 11577
SEASONS “CENTRAL AVE.,” 330 CENTRAL AVENUE LAWRENCE NY 11559
ATRIA KEW GARDENS, 117-01 84TH AVENUE KEW GARDENS NY 11418
SHARMEL CATERERS, 3436 LAWSON BLVD OCEAN SIDE NY 11572
SIMCHA CATERER, 200 PARK AVENUE LAKEWOOD NJ 08701
SUPREME KOSHER FOODS, 211 BEACH 17 STREET FAR ROCKAWAY NY 11691
SUPER STOP SUPERMARKET, 1161 RIVER AVENUE LAKEWOOD NJ 08701
TWIN CITY POULTRY, 4630 QUEBEC AVENUE NORTH NEW HOPE MN 55428
WASSERMAN, 72-68 MAIN STREET FLUSHING NY 11367
YESHIVA GEDOLA PATERSON, 555 15TH AVENUE PATERSON NJ 07504
YESHIVA OF PHILADELPHIA, 6063 DREXEL ROAD PHILADELPHIA PA 19131
YESHIVA YESODEI HATORAH, 2 YESODEI COURT LAKEWOOD NJ 08701
