Category Archives: Health

by | April 27, 2012 · 7:02 am

Hospitality Industry Health Risks: Two Wisconsin Women File "Salmonella Sushi Lawsuit" After Eating Sushi Rolls At Local Restaurant; Any Party In "Chain Of Distribution" Potentially Liable Under Product Liability Laws

Food-poisoning cases like the Salmonella sushi lawsuit generally fall under product liability laws. Any party in the product’s chain of distribution — including manufacturers, retailers, and middlemen — can potentially be held liable, depending on the source of contamination.

“…distributors may have removed the packaging before selling it to restaurants, which may not know they’re serving a potentially contaminated product, the Wisconsin victims’ lawyer told MSNBC…”

In a Salmonella sushi lawsuit filed last week, two Wisconsin women, 22 and 33, claim they were severely sickened after eating tuna sushi rolls at a local restaurant, MSNBC reports. The sushi rolls allegedly contained ground yellowfin tuna with Nakaochi Scrape.

California-based Moon Marine USA has recalled 59,000 pounds of raw, ground yellowfin tuna from India, which was packaged as “Nakaochi Scrape AA” or “AAA.”

But distributors may have removed the packaging before selling it to restaurants, which may not know they’re serving a potentially contaminated product, the Wisconsin victims’ lawyer told MSNBC.

Salmonella infections generally lead to diarrhea, fever, and abdominal cramps within 72 hours, according to the FDA. Victims usually recover after about a week.

But the Wisconsin women’s infections were more severe, and required hospital treatment. One woman was diagnosed with an ulcerated colon, which her personal-injury lawsuit blames on contaminated Nakaochi Scrape.

Scientific tests show the Salmonella sushi victims were sickened by a rare type of bacteria called Salmonella Bareilly, the women’s lawyer said. Investigations are underway to determine where bacteria came from.

For more:  http://www.reuters.com/article/2012/04/25/tagblogsfindlawcom2012-injured-idUS319130664220120425

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by | April 25, 2012 · 8:41 am

Hospitality Industry Health Risks: Oklahoma Restaurant Chain Faces Multiple Lawsuits After "Salmonella Outbreak"; 68 People Confirmed Infected By Centers For Disease Control (CDC)

 “..(the Plaintiff)..sued the restaurant in February, claiming that she was sick  for two weeks after eating at Taco Bell. She’s seeking more than $75,000 in  damages…”

The Centers for Disease Control said that 68 people — including 16 in Oklahoma  — were infected with salmonella after eating at a “Mexican-style fast-food  restaurant chain.”

Taco Bell is facing a second lawsuit after a Shawnee family said their child  contracted salmonella in Oklahoma. The family said their 9-year-old got sick from eating at the restaurant.  The child spent three days in a hospital with a 105-degree fever, according to  the lawsuit.

A lawsuit filed by a Norman woman who claimed she contracted salmonella  after eating at Taco Bell was transferred to federal court.

In a court filing, Taco Bell denied it was liable for Smith’s illness.  The company asked a federal judge to dismiss it from the lawsuit.
Read more: http://www.koco.com/health/30917551/detail.html#ixzz1t4R5gjdr

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by | April 21, 2012 · 6:46 am

Hospitality Industry Health Risks: California Hotel Sued For $6 Million By Man Who Contracted Legionnaires' Disease From Hotel's Water System; Tests Confirm Bacteria Sickened Six People Resulting In One Death

“…In October 2011, the Maryland Department of Health and Mental Hygiene confirmed the Legionella bacteria was present in water collected from various locations at the Plim Plaza. Six people were sickened with Legionnaires’ disease; one of them later died…”

The lawsuit alleges that the hotel was negligent in its failure to “adequately inspect, monitor and maintain” its water system.

(The Plaintiff)…went on to spend six weeks in the hospital, during which he experienced renal failure, septic shock and respiratory failure, according to the complaint. His medical bills exceeded $200,000 by the time he was discharged on Sept. 24.

A Virginia man who contracted Legionnaires’ Disease in Ocean City last summer is suing the Plim Plaza Hotel for $6 million.

Virginia resident Pat Eldon Dent Jr., and his wife, Martha Dent, filed a lawsuit against the historic Boardwalk hotel in U.S. District Court in Baltimore on April 18. The lawsuit, which names Plim Plaza Hotel Inc. and the Hale and John Harrison Partnership as defendants, seeks $5 million for negligence and $1 million for loss of consortium.

The lawsuit alleges the hotel’s water system was contaminated with unsafe levels of the Legionella bacteria while Dent and his wife stayed there between July 29, 2011, and Aug. 1, 2011. After returning to his home on Aug. 1, Dent began to feel feverish and on Aug. 10 was admitted to Winchester Medical Center and diagnosed with Legionnaires’ disease, according to the seven-page complaint filed by Rockville attorney Ronald Karp.

For more:  http://www.delmarvanow.com/article/20120421/WCT01/204210346/Virginia-man-who-contracted-Legionnaires-files-lawsuit-against-OC-hotel

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by | April 6, 2012 · 1:46 am

Hospitality Industry Legal Risks: U.S. House Introduces Bill Calling For "One-Year Extension Of The ADA Deadline" On Installation Of Public Pool Lifts

“…A second congressional bill addressing the Americans with Disabilities Act has been introduced…once Congressman Mulvaney saw the strain placed on small-business owners who were rushed to [comply], and the concern for the safety of those using pool lifts, he decided to introduce [the bill]…”

It would prohibit lawsuits against pool and spa facilities for ADA violations alleged to occur between March 15, 2012, and one year after enactment of the bill. “Congressman Mulvaney believes portable lifts and shared lifts are the best solution…,”

On March 26, Congressman Mick Mulvaney (R-S.C.) introduced H.R. 4256, calling for a one-year extension of the ADA deadline for public pools. If passed, the bill also would allow portable lifts and sharing of lifts between vessels. “It allows for lift accessibility and safety, as well as being more economically achievable…”
The bill has 26 original co-sponsors. Ron Paul (R-Texas) is among the most recognized, and Mike Ross (D-Ark.) is the only Democrat.
In early March, Mulvaney joined 67 members of Congress in a letter to the U.S. Department of Justice, which enforces the ADA, decrying its decision not to allow portable lifts or sharing. In addition, he took issue with the timing of the decision, which came 45 days before the deadline. “In that short time, approximately 309,000 pools or spas would need their own individual lifts,” McAdaragh said. The letter asked the DOJ to, at the very least, extend the deadline by six months.

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by | · 1:46 am

Hospitality Industry Legal Risks: U.S. House Introduces Bill Calling For "One-Year Extension Of The ADA Deadline" On Installation Of Public Pool Lifts

“…A second congressional bill addressing the Americans with Disabilities Act has been introduced…once Congressman Mulvaney saw the strain placed on small-business owners who were rushed to [comply], and the concern for the safety of those using pool lifts, he decided to introduce [the bill]…”

It would prohibit lawsuits against pool and spa facilities for ADA violations alleged to occur between March 15, 2012, and one year after enactment of the bill. “Congressman Mulvaney believes portable lifts and shared lifts are the best solution…,”

On March 26, Congressman Mick Mulvaney (R-S.C.) introduced H.R. 4256, calling for a one-year extension of the ADA deadline for public pools. If passed, the bill also would allow portable lifts and sharing of lifts between vessels. “It allows for lift accessibility and safety, as well as being more economically achievable…”
The bill has 26 original co-sponsors. Ron Paul (R-Texas) is among the most recognized, and Mike Ross (D-Ark.) is the only Democrat.
In early March, Mulvaney joined 67 members of Congress in a letter to the U.S. Department of Justice, which enforces the ADA, decrying its decision not to allow portable lifts or sharing. In addition, he took issue with the timing of the decision, which came 45 days before the deadline. “In that short time, approximately 309,000 pools or spas would need their own individual lifts,” McAdaragh said. The letter asked the DOJ to, at the very least, extend the deadline by six months.

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by | April 1, 2012 · 10:45 am

Hospitality Industry Food Safety Risks: Ohio Restaurants Report Decrease In "Critical Health Violations"; Refrigeration Temperatures, Employee Hand Washing And Mixing Of Raw And Cooked Foods Are Major Concerns

The Centers for Disease Control estimates that each year roughly 48 million people, or 1 in 6 Americans, get sick from a foodborne disease. Of those 48 million, 128,000 people are hospitalized and 3,000 people die due to food that was improperly stored or prepared. The CDC said there are 31 known pathogens that can grow in food that is not stored correctly that will infect unaware eaters.

A critical violation refers to anything “that could directly impact food safety,” according to Brian Williamson, chief of environmental services for Butler County. Examples include proper storage temperatures not being met, an employee not washing his or her hands before preparing food or mixing of raw and cooked foods.

The health departments keep track of restaurant conditions as part of the fight against foodborne diseases.

Nationally, consumers are expected to spend $632 billion at restaurants, according to the National Restaurant Association. This number is an increase of 3.5 percent over 2011. In Butler County alone, there are more than 2,000 places that provide food for sale in some capacity.

“If it’s a critical violation, we try to get it corrected while we’re there,” said Carla Ealy, director of environmental health for the city of Middletown. “If it’s something like a broken refrigerator, where it may take awhile to fix, we come back in 24 or 48 hours to make sure it has been repaired.”

Even if the violations are corrected while the inspector is still at the restaurant, the incident is recorded. Awareness and a realization of how incidents can put the public’s health at risk are keys to public safety, Williamson said.

For more:  http://www.middletownjournal.com/news/critical-health-violations-fall-at-area-eateries-1353156.html

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by | · 10:45 am

Hospitality Industry Food Safety Risks: Ohio Restaurants Report Decrease In "Critical Health Violations"; Refrigeration Temperatures, Employee Hand Washing And Mixing Of Raw And Cooked Foods Are Major Concerns

The Centers for Disease Control estimates that each year roughly 48 million people, or 1 in 6 Americans, get sick from a foodborne disease. Of those 48 million, 128,000 people are hospitalized and 3,000 people die due to food that was improperly stored or prepared. The CDC said there are 31 known pathogens that can grow in food that is not stored correctly that will infect unaware eaters.

A critical violation refers to anything “that could directly impact food safety,” according to Brian Williamson, chief of environmental services for Butler County. Examples include proper storage temperatures not being met, an employee not washing his or her hands before preparing food or mixing of raw and cooked foods.

The health departments keep track of restaurant conditions as part of the fight against foodborne diseases.

Nationally, consumers are expected to spend $632 billion at restaurants, according to the National Restaurant Association. This number is an increase of 3.5 percent over 2011. In Butler County alone, there are more than 2,000 places that provide food for sale in some capacity.

“If it’s a critical violation, we try to get it corrected while we’re there,” said Carla Ealy, director of environmental health for the city of Middletown. “If it’s something like a broken refrigerator, where it may take awhile to fix, we come back in 24 or 48 hours to make sure it has been repaired.”

Even if the violations are corrected while the inspector is still at the restaurant, the incident is recorded. Awareness and a realization of how incidents can put the public’s health at risk are keys to public safety, Williamson said.

For more:  http://www.middletownjournal.com/news/critical-health-violations-fall-at-area-eateries-1353156.html

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by | March 30, 2012 · 1:10 am

Hospitality Industry Health Risks: Alabama Restaurant Guests Are Exposed To "Hepatitis A" Through An "Infected Employee"

Hepatitis A is a communicable disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Symptoms may not occur for several weeks after exposure and may include abdominal discomfort, fever, malaise, muscle aches, and a yellowing of the skin called jaundice. In rare cases, hepatitis A causes liver failure.

In the wake of a report linking a potential mass exposure of hepatitis A to a Northport McDonald’s restaurant, food safety expert and attorney William Marler is calling on McDonald’s to vaccinate its employees against the virus.

On March 28, the Alabama Department of Public Health released a statement indicating that people who ate at a Northport McDonald’s, located at 2000 McFarland Boulevard, from February 28 through March 14 may have been exposed to hepatitis A through an infected employee. Customers who ate breakfast at the McDonald’s on March 16 may also have been exposed.

Hepatitis A is the only foodborne illness for which a vaccine exists; however infection can only be prevented if the vaccine is given within 14 days of exposure. Therefore those individuals who were potentially exposed on March 14 and March 16 should contact a medical provider immediately to receive treatment. Those who may have been exposed prior to March 14 should have developed symptoms by now if they have contracted the virus.

“From both a public health perspective and business perspective, it makes sense for restaurants to vaccinate their employees against hepatitis A,” said Marler. “It is much simpler to take the initial proactive precaution rather than gamble on a mass scare that equates to potential illness, loss of business, and public uncertainty.”

For more:  http://www.prweb.com/releases/2012/3/prweb9347722.htm

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by | · 1:10 am

Hospitality Industry Health Risks: Alabama Restaurant Guests Are Exposed To "Hepatitis A" Through An "Infected Employee"

Hepatitis A is a communicable disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Symptoms may not occur for several weeks after exposure and may include abdominal discomfort, fever, malaise, muscle aches, and a yellowing of the skin called jaundice. In rare cases, hepatitis A causes liver failure.

In the wake of a report linking a potential mass exposure of hepatitis A to a Northport McDonald’s restaurant, food safety expert and attorney William Marler is calling on McDonald’s to vaccinate its employees against the virus.

On March 28, the Alabama Department of Public Health released a statement indicating that people who ate at a Northport McDonald’s, located at 2000 McFarland Boulevard, from February 28 through March 14 may have been exposed to hepatitis A through an infected employee. Customers who ate breakfast at the McDonald’s on March 16 may also have been exposed.

Hepatitis A is the only foodborne illness for which a vaccine exists; however infection can only be prevented if the vaccine is given within 14 days of exposure. Therefore those individuals who were potentially exposed on March 14 and March 16 should contact a medical provider immediately to receive treatment. Those who may have been exposed prior to March 14 should have developed symptoms by now if they have contracted the virus.

“From both a public health perspective and business perspective, it makes sense for restaurants to vaccinate their employees against hepatitis A,” said Marler. “It is much simpler to take the initial proactive precaution rather than gamble on a mass scare that equates to potential illness, loss of business, and public uncertainty.”

For more:  http://www.prweb.com/releases/2012/3/prweb9347722.htm

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by | March 19, 2012 · 8:26 am

Hospitality Industry Property Risks: Texas Hotel Evacuated After Guests Exposed To Carbon Monoxide; Boiler Room Thought To Be Source

“…several people from the hotel went to a hospital on their own and nobody was seriously hurt. He says the individuals apparently had similar symptoms, such as nausea and headaches, leading hospital personnel to contact the fire department…”

Part of a Dallas-area hotel has been evacuated after some people got sick from possible carbon monoxide exposure.

Wilson says carbon monoxide possibly was detected in a hotel boiler room. A clerk who answered the phone said the front desk area had been declared safe. Warning alarms could be heard in the background.

Read more here: http://www.star-telegram.com/2012/03/19/3819780/part-of-irving-hotel-evacuated.html#storylink=cpy

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