Posted On: August 29, 2008

Cheese Recall in Quebec Feeds Listeria Hysteria

Provincial health authorities in Quebec have announced a recall of three brands of cheese after one person died and 87 people became sick from salmonella food poisoning.

The recall has increased the hysteria surrounding the Maple Leaf Foods listeria recall.

I have seen at least three media reports incorrectly linking the cheese recall with listeria. See here and here, for examples.

The media reports have helped Canadian's become more aware of some of the risks inherent in our food safety system. However, they have also created a great deal of fear in many people who are now afraid to eat any kind of packaged food product.

The fact is that those most at risk from listeriosis are infants, the elderly, pregnant women and people with compromised immune systems. The general public has very little risk of becoming seriously ill as a result of listeria.

It is certainly possible for people to suffer serious injury or death if companies responsible for manufacturing and packaging foods are negligent. It is also people for people to suffer illness or death if food is not properly prepared/cooked.

Most listeria and salmonella outbreaks are due to contamination by the person preparing/cooking food products.

So be careful how you prepare your food. Pay attention to "Best Before" dates on food packages. And keep track of how long that leftover meatloaf has been in your fridge before you feed it to your kids!

Have a safe Labour Day weekend!

Posted On: August 27, 2008

Listeria Outbreak and Lawsuits Highlight Risks/Misunderstandings of Food Safety System

Maple Leaf Foods Recall

Last week Maple Leaf Foods announced a voluntary recall of meat products produced at their packing plant in Toronto, Ontario as a result of several cases of illness and death linked to food products contaminated with Listeriosis.

Media Frenzy

The outbreak and recall has received a considerable amount of attention from the media. In fact, it would be an understatement to describe the reaction as a “frenzy”.

Several Lawsuits Filed

Not surprisingly this week saw at least 5 class actions filed on behalf of people who suffered illness, death, mental distress or financial loss as a result of the tainted meat recall.

Recall to Cost Millions

Maple Leaf Foods predicted that the recall would cost the company $20 million dollars.

Stock prices have "plunged" hitting record lows in less than a week.

Risks Not Explained

The shock and fear expressed by the public as a result of this recall has served to highlight the risks inherent in our food safety system. Unfortunately I have not seen a great deal of media coverage explaining the risks to the public as a result of this outbreak.

Fortunately, the general public, as a whole, has little risk of contracting any serious illness or suffering a fatality as a result of contracting listeriosis.

Unfortunately, the persons who are most likely to contract the disease, and suffer serious illness or death, are those members of society who are most vulnerable; the very young, the elderly, those who are sick or frail, and pregnant women.

What is Listeria?

Listeria is a bacteria. It is commonly found in soil, vegetation, animal feed and in feces.

What are the Symptoms?

Infants, the elderly and those who are already sick or frail are most susceptible to becoming ill after exposure to listeria. Symptoms include vomiting, nausea, diarrhea, headache and fever. The disease is often misdiagnosed as the flu.

How Long Before Symptoms Appear?

Symptoms usually appear within 2 days to a week after consuming food contaminated with listeria. However, the bacteria can colonize for up to 30 days before symptoms appear.

Treatment

The symptoms can be treated effective through the use of antibiotics. However, if symptoms are not treated promptly they can develop into more serious problems like septicemia ( blood infection) or meningitis or encephalitis (brain infections).

I have included a link to the Canadian Food Inspection Agency's Listeria site for more information.


Maple Leaf Food’s Response

From a public relations standpoint, I have to applaud Maple Leaf Food’s response to the recall. The CEO of Maple Leaf Foods, Michael McCain, immediately issued a public apology (no doubt something the company lawyers urged him not to do).

Although the apology may slightly increase the risk that Maple Leaf Foods will be found legally liable for losses suffered as a result of the outbreak, I think it will do a great deal to increase the public’s confidence in Maple Leaf Foods and limit the number of people who will consider suing the company if they haven’t suffered a catastrophic illness or lost a love one.

I expect the apology will also do a great deal to protect the value of Maple Leaf shares in the long run. In fact it appears that the apology is already having a positive effect. Maple Leaf's stock prices rose today.

The value of an apology cannot be underestimated. I posted about this issue a few months ago on my other blog, Halifax Medical Malpractise Lawyer Blog, Doctors: Say “I’m sorry” and Don’t get Sued! The New York Times reported on a study that found that doctors who apologized for their mistakes get sued far less often than doctors who refuse to admit that they have done anything wrong.

This listeria outbreak is truly a tragedy. My sympathies are with all of those who have lost loved ones as a result of this totally preventable illness. Time will tell if Maple Leaf Food’s conduct in not preventing the outbreak will result in the company being held legally liable.

In the mean time, the public needs to educate itself about the risks inherent in our food safety system.


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