SUNDAY August 10, 2008 (foodconsumer.org) -- Nebraska Beef LTD based out of Omaha Neb. is recalling 1.2 million pounds of primal cuts, subprimal cuts and boxed beef due to possible contamination with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) said on August 8.

The concerned products were produced on June 17, June 24 and July 8, 2008.  The firm's establishment number "EST. 19336" inside the USDA mark of inspection along with the brand "Coleman Natural" was printed on the shipping containers and product labels.

The recalled products were not for consumers.   Rather, they were sent to establishments and retailers nationwide for further processing and because of this, the establishment number "EST. 19336" will likely not show up on products for direct consumer purchase.

Consumers who have questions about the recall should contact the company's Vice President of Administration James Timmerman at 402-733-0456.

The contamination was uncovered through a joint investigation with state departments of health and agriculture, the Centers for Disease Control and Prevention and FSIS.   At least 31 cases were reported in Canada and 12 states including Georgia, Indiana, Kentucky, Michigan, New York, Ohio, Utah, Massachusetts, and Pennsylvania.

E. coli O157:H7 can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure, leading to death. The very young, seniors and persons with compromised immune systems are the most susceptible to foodborne illness. Anyone with signs or symptoms of the illness should seek medical attention, the FSIS said in a statement.

William Marler, a Seattle, Washington based food poisoning litigation attorney, gave his comment on his website cited in verbatim as follows.

If I poisoned 85 people, my guess is that I would be facing serious jail time (I can see the Raw Milk and Big Beef folks dancing now).   However, if you’re a company, like Nebraska Beef, that slaughters about 2,000 head of cattle a day, employs about 800 people in Omaha and has successfully sued the USDA, rules just do not seem to apply.

As I posted last night, Nebraska Beef, "EST 19336," late Friday night recalled an additional 1.2 million pounds of beef products that have sickened more than 30 people.   This is in addition to the 5.3 million pounds of meat that has been linked to at least other 49 cases of E. coli O157:H7 in seven states.

As I also posted last night, some of Nebraska Beef's products were sold by Whole Foods Market (supplied buy Coleman Natural Meats), which also announced a recall Friday.   Whole Foods is recalling fresh ground beef sold between June 2 to August 6.

Now, do not forget that Dorothy Lane Market of Ohio also recalled (earlier this month) E. coli O157: H7-tainted meat after two children, and four other, were sickened with E. coli O157:H7 traced to ground beef produced by supplier Coleman Natural Meats.   Coleman Natural Meats supplier – you guessed it - Nebraska Beef.   So, does that mean the number of ill is 85?

So, USDA/FSIS is a bit frightened of Nebraska Beef?   Tell that to the 79 - 85 people sickened – some still in ICU’s across this country.   Personally, I think it is time for the USDA/FSIS to get some “bolas” – or at least give Nebraska Beef a “time out.”   Me, I am going to do what I do – sue them on behalf of people they poisoned – hoping first to fairly compensate my clients and afterwards teach Nebraska Beef a lesson – Nebraska Beef, can you say, Bankruptcy?

I also think it is time for companies that use Nebraska Beef products, like Dorothy Lane, Kroger, Whole Foods and Coleman Natural Meats, to step up and ask if you should be doing business with such a company?   You know, just like “ignorance of the law is no excuse,” ignorance of your suppliers puts you in my legal cross hairs.