Del Monte Fresh Produce, a company that recalled its cantaloupes in March after health investigators in several states linked them to a Salmonella Panama outbreak, said yesterday that is plans to sue Oregon Health Authority and, Dr William Keene, one of the nation's most well-known disease outbreak investigators (right, exactly as shown), claiming that the company's products were wrongly singled out.

Lisa Schnirring of CIDRAP news at the University of Minnesota interviewed several public health types, who say the company's suit is unprecedented, and some worry that it may inhibit future foodborne illness investigations.

Lon Kightlinger, MPH, PhD, state epidemiologist with the South Dakota Department of Health, said some of his department's disease investigations have involved legal tug-of-wars. "Although we do have some worries of legal threats, that does not drive our investigation, but causes us to do a better job," he said.

In Iowa, laws require public health officials to treat the names of entities such as restaurants or companies the same as people, said Patricia Quinlisk, MD, MPH, medical director and state epidemiologist for the Iowa Department of Public Health.

She said that, before going public with names, health officials must discuss the issue with the state attorney general's office to make sure the action complies with a "necessary for public health" clause. "Thus something like this might have more scrutiny here than other places," she said, adding that she's never seen a legal threat like Del Monte's.

Tim Jones, MD, MPH, state epidemiologist for the Tennessee Department of Health, said he's been bullied and subjected to implied threats in the course of epidemiologic investigations. "I've never taken them seriously, and legally I've never been worried," he said.

Though Del Monte's legal threat could create an inhibitory effect, epidemiologists take pride in being able to respond to outbreaks faster and freer than federal agencies, which are often bound by legal restrictions, Jones said.

"Our job is to protect people."

Some measure of immunity is needed for investigators, Jones said. "If anyone in public health is nervous about getting sued, it could be dangerously inhibitory."

In the fall of 2008, 235 people got sick dining at a Harvey’s fast-food restaurant at a major thoroughfare in North Bay, Ontario, about four hours north of Toronto (that’s in Canada).

A report by the North Bay and District Health Unit concluded the outbreak was probably caused by raw Spanish onions and poor cleaning of onion slicing machines.

Today, the North Bay Nugget reported that depositions are scheduled to continue this month in a class-action suit against the restaurant, according to the law firm handling the claim.

The statement of claim alleges Cara Operations Ltd., 1233280 Ontario Inc. and Summit Food Distributors were negligent because they provided food or beverages contaminated with E. coli, says the website for law firm Sutts, Strosberg LLP.

It says depositions started in November with a representative from each party asked questions about documents that had been produced and issues in the lawsuit.

These examinations were adjourned when it was learned the franchise owner also filed a separate lawsuit against Cara and others claiming the outbreak at the restaurant "ruined their business and caused the business to be sold at a loss."

The claim was filed on behalf of all people who ate the restaurant from Sept. 12, 2008 to Oct. 12, 2008 and all people who were infected due to secondary contact with them.

That’s just gross; highly unlikely. Adults, eating Chocolate Chip Crunch cereal.

And the tampon.

A couple from Upson County, Georgia, is suing a grocery store chain in federal court, claiming that the husband found a used tampon in his bowl of cereal.

According to the complaint, Thomas and Lynn Roddenberry said they bought a box of Chocolate Chip Crunch cereal from the Save-A-Lot store in Thomaston in October 2008. A day after buying the cereal, Thomas Roddenberry said he discovered the tampon in his bowl after taking a bite of the cereal.

The man said he spit out the cereal, immediately became nauseated and went to an emergency room.

The suit was filed on Wednesday in U.S. District Court in Macon. A spokesman for Save-A-Lot declined to comment on the case on Friday, citing pending litigation.
 

Been a long time since that Harvey’s E. coli O157:H7 outbreak in North Bay, Ontario that sickened at least 235 people who dined there in 2008.

A report by the North Bay and District Health Unit concluded the outbreak was probably caused by raw Spanish onions and poor cleaning of onion slicing machines.

Maybe they’re the same onions being used by all those Subway outlets in Illinois.

The statement of claim alleges Cara Operations Ltd., 1233280 Ontario Inc. and Summit Food Distributors were negligent because they provided food or beverages contaminated with E. coli, according to the website for law firm Sutts, Strosberg LLP.

It says the lawsuit includes family members and secondary infections of people who became sick through contact with others who had eaten at the restaurant.