Foodborne Illness

Nestlé USA’s Pizza Division today announced the voluntary recall of select production codes of four different frozen pizzas sold in the U.S. These include:

• California Pizza Kitchen (CPK) Crispy Thin Crust White®, UPC 71921 98745; production codes are 3062525951, 3062525952 and 3063525951.
• California Pizza Kitchen® Limited Edition Grilled Chicken with Cabernet Sauce, UPC 71921 00781; production code is 3059525952.
• DiGiorno® Crispy Flatbread Pizza Tuscan Style Chicken, UPC 71921 02663; production codes are 3057525922 and 3058525921.
• DiGiorno® pizzeria!™ Bianca/White Pizza, UPC 71921 91484; production code is 3068525951.

The voluntary recall is limited to frozen pizzas with these specific production codes, which were distributed nationwide. No other production codes/dates, sizes or varieties of CALIFORNIA PIZZA KITCHEN or DIGIORNO pizzas are affected by this recall. The reason for the recall is that the pizza may contain fragments of clear plastic. Nestlé USA is taking this action after a small number of consumers reported that they had found small fragments of plastic on the CPK Crispy Thin Crust White pizza. According to Nestle, this is directly related to a particular lot of spinach they received from one of their suppliers. Although no complaints have been received to date on the other three varieties that used this spinach, they are recalling these additional varieties in an abundance of caution.

Pizzas are already being removed from grocers’ freezers.

Nestlé USA also is reaching out to consumers to ask that they examine their freezer inventory for the specific packages of DIGIORNO and CPK varieties affected by this recall.

To locate the production codes for these specific pizzas, the consumer simply needs to look for a blue or pink rectangular box on one of the side panels of the pizza box. The production code is on the second line of the printed code and is the first ten digits of the number. Consumers should look for the following production codes:

• CPK Crispy Thin Crust White: 3062525951, 3062525952 and 3063525951.
• CPK Limited Edition Grilled Chicken with Cabernet Sauce: 3059525952.
• DiGiorno Crispy Flatbread Pizza Tuscan Style Chicken: 3057525922 and 3058525921.
• DiGiorno pizzeria! Bianca/White Pizza: production code is 3068525951.

Consumers who may have purchased the recalled CPK and DIGIORNO pizzas with the identified production codes should not consume the pizza, but instead should contact Nestlé USA Consumer Services at 800-456-4394 or nestlepizza@casupport.com for further instructions. Hours of operation are Monday through Friday, from 8 a.m. to 8 p.m., E.T. and this Saturday, May 4th from 12 noon – 8 p.m. E.T.. Nestlé will provide a replacement coupon to reporting consumers and also may make arrangements to retrieve the pizza for further examination.

Nestlé USA is dedicated to food quality, and the health and safety of its consumers. For these reasons, the company initiated this recall. They say:  ”We apologize to our retail customers and consumers and sincerely regret any inconvenience created by this voluntary product recall.”

October 4, 2012

SunLand, Inc, has issued a massive voluntary recall on hundreds of its peanut butter products after testing proved many were contaminated with salmonella. According to WIBW News, the recall began with just peanut and almond butter products, but has expanded to products such as cookies and ice cream.

Salmonella is a bacterium that is sometimes contracted into the body through the ingestion of ontaminated foods. Infection, called salmonellosis, can spread quickly through the digestive track and symptoms of fever, vomiting, diarrhea, and cramps can occur within days. The Centers for Disease Control and Prevention says salmonellosis is responsible for causing approximately 1.4 million cases of foodborne illness per year in the U.S. and around 400 fatalities per year.

The recall was issued after reports began being placed about people becoming ill after eating certain nut butters from Trader Joe’s. The illnesses were traced back to salmonella contamination in products from SunLand. In all, a total of 30 cases of foodborne illness across 19 states have been reported in relation to the contamination. The number of illnesses is expected to continue to grow as more products are added to the growing list.

The North Carolina Personal Injury Lawyers with HensonFuerst Injury Lawyers believe food manufacturers and distributors have a responsibility to ensure their products are safe for consumption by the public and are here to help if you have been sickened by contaminated food.

September 13, 2012

A Faison, North Carolina, farm recently announced through the U.S. Food and Drug Administration (FDA) a recall on cantaloupes and honeydew melons that were grown and packaged at the facility after regulators found them to be contaminated with bacteria that could be potentially hazardous to humans if consumed. According to a press release from the agency, more than 188,000 melons were affected by the contamination.

During routine safety testing at the facility by the FDA, researchers discovered blooms of Listeria monocytogene on products and surfaces at the farm due to unsanitary conditions. The bacteria can lead to the deadly disease, Listeria, which claimed 30 lives and sickened hundreds last summer in an outbreak of foodborne illness that spread across the country.

Officials say that the melons were shipped to eleven states along the East Coast and can be identified by a Birch Farms or Cottle Strawberry, Inc. sticker that is labeled Caribbean Gold with a PLU# 4319. The agency is requesting that anyone in possession of an affected melon dispose of it immediately. While no cases of illness have been reported in connection with the recall, anyone who becomes sick from consuming contaminated melon is instructed to contact the FDA.

The North Carolina personal injury lawyers with HensonFuerst say it would be in your best interest to contact an experienced attorney to discuss your legal rights before talking about your illness with any organization.

Imagine that you have been in a car wreck and are unable to work because of your injuries… or that you have ongoing hospital bills due to medical malpractice. You’ve done everything right. You took your case to court and won a settlement for your losses. How long do you think it might take to receive the money you need to pay your mortgage or other bills?

If you are younger than age 65, you could receive your settlement check within weeks. That sounds right, right? Here’s the problem: If you are age 65 or older, your settlement check could be delayed by years. Yes…years. The difference is due to the red-tape run-around involving something called the Medicare Secondary Payer System (MSP).

The MSP was the product of good intentions. It was designed to help keep Medicare solvent by reimbursing the Medicare Trust Fund if another insurance or compensation source is available to pay for health care costs. The timeline (ideally) would go like this:

1. An injury occurs.
2. The medical bills are paid by Medicare.
3. A lawsuit is filed.
4. A lawsuit is won.
5. Medicare is contacted.
6. Medicare bills are tallied.
7. Medicare is reimbursed from the settlement money.
8. The remainder of the settlement goes to the injured person.
9. Other bills get paid and justice is done.

Again, that’s the ideal. In reality, this is what happens (differences are highlighted):

1. An injury occurs.
2. The medical bills are paid by Medicare.
3. A lawsuit is filed.
4. A lawsuit is won
5. Medicare is contacted. (So far, so good.)
6. Medicare sits on the request to tally the bill.
7. Medicare sits on the request to tally the bill.
8. Medicare sits on the request to tally the bill.
9. Medicare sits on the request to tally the bill.
10. Medicare sits on the request to tally the bill. (ad infinitum)
11. Other bills don’t get paid; justice is not done.

The funds that have been won in a lawsuit can be tied up for years due to the red-tape and inefficiencies of the MSP system. And remember, we’re talking about senior citizens–many of them die before they see a dime of the money that could improve their lives.

What Is Being Done?

There is currently a Bill before Congress that would streamline the process of Medicare reimbursement. The Bill (HR 4796: The Medicare Secondary Payer Enhancement Act) will do several things. Most importantly, it will require that Medicare respond to requests for recovery information within 60 days… that Medicare develop an appeals process for repayment determinations…and that there be a 3-year statute of limitations, so that Medicare can’t ignore injured seniors forever.

One has to wonder why the system would allow this kind of bureaucracy or incompetence to continue. Don’t they want funds repaid in a timely manner? Who benefits from keeping the law in place as it is? It seems like no one: The bill was introduced in March 2010 by Reps. Patrick Murphy (D-Pa.) and Tim Murphy (R-Pa.). It is co-sponsored by 26 other Representatives–Democrats and Republicans–and is backed by a varied group of organizations and businesses, including Walmart, the Defense Research Institute, the American Insurance Association, and Safeway.

HensonFuerst also supports the bill. We have seen many of our clients suffer needlessly–additional suffering on top of their injuries–because of the current difficulties with Medicare reimbursement. If you want to read the full bill and see its status, click here: http://www.govtrack.us/congress/bill.xpd?bill=h111-4796

And if you want to send a message of support to your Representative in Congress, go to the website for People Over Profits (http://www.peopleoverprofits.org), or click here to be taken to their dedicated web page: Support HR 4796.

Summer officially starts next week, but grilling season has already been going strong in North Carolina for weeks. Today, the U.S. Food and Drug Administration (FDA) released a reminder to practice basic food safety to help prevent foodborne illness.

These may sound obvious, but you would be surprised how many people let safety lapse when the food is outdoors. The FDA wants to remind you to:

• Wash hands. It seems basic, but not everyone does it. Wash hands well and often with soap and water for at least 20 seconds, especially after using the bathroom and before cooking or eating. If you’re in an outdoor setting with no bathroom, use a water jug, some soap, and paper towels. Consider carrying moist disposable towelettes for cleaning your hands.
• Keep raw food separate from cooked food. Don’t use a plate that previously held raw meat, poultry, or seafood for anything else unless the plate has first been washed in hot, soapy water. Keep utensils and surfaces clean.
• Marinate food in the refrigerator, not out on the counter. And if you want to use some of the marinade as a sauce on the cooked food, reserve a separate portion. Don’t reuse marinade that contained raw meat.
• Cook food thoroughly. To kill any harmful bacteria that may be present, use a food thermometer. Hamburgers should be cooked to 160°F. If a thermometer is not available, make sure hamburgers are brown all the way through, not pink. Chicken should be cooked to at least 165°F. If you partially cook food in the microwave, oven or stove to reduce grilling time, do so immediately before the food goes on the hot grill.
• Refrigerate and freeze food promptly. It can be hard to remember while a party is going on, but food should not be left out of the cooler or off the grill for more than two hours. Never leave food out for more than one hour when the temperature is above 90°F.
• Keep hot food hot. Hot food should be kept at or above 140°F. Hot food should be wrapped well and placed in an insulated container. If bringing hot take-out food such as fried chicken or barbecue to an outdoor party, eat it within two hours of purchase. In addition to bringing a grill and fuel for cooking to an outdoor location, remember to pack a food thermometer to check that your meat and poultry reach a safe internal temperature. When re-heating food at the outing, be sure it reaches 165°F.
• Keep cold food cold. Cold food should be held at or below 40°F. Foods like chicken salad and desserts that are in individual serving dishes can be placed directly on ice or in a shallow container set in a deep pan filled with ice. Drain off water as ice melts and replace ice frequently.

The U.S. Food & Drug Administration (FDA) released a short, 2-minute video today about tips for how to shop for food in a way that reduces your risk of foodborne illness. It probably won’t be a hit on YouTube, but it does give some good advice! Click here: FDA shopping video.