The Washington Post’s Lyndsey Layton has written a gripping story that puts in perspective the serious health effects E.coli O157:H7, a food-borne pathogen, can have on a person’s body. While telling the story of Linda Rivera’s plight to overcome various health problems associated with an outbreak of the bacteria, Layton also shows why food safety advocates are so concerned about reforming the nation’s food safety system and at the same time, puts a human face on the issue.Linda Rivera got E.coli from consuming contaminated Nestlé cookie dough one night on her couch. Little did she know she would be among the 80 people in 31 states sickened by the product, or that she would be among the ten victims of the contamination to develop the life-threatening complication hemolytic uremic syndrome—the same condition that caused a four-year-old girl from South Carolina to have a stroke and become partially paralyzed.
While Mrs. Rivera’s condition is rare, food-borne illnesses are not. Every year millions of Americans become sick from the food they eat. This year alone has seen recalls of ground beef, leafy greens, peanut butter, pork skin products, and green onions because the products tested positive for salmonella, E.coli, or other contaminents, and thus are a threat to human health. These outbreaks have added fodder to the arguments of those advocating for food safety reform.
The cries for change in the system are not going unheard by Congress. Earlier this year the House of Representatives passed the Food Safety Enhancement Act, a bill that would give the Food and Drug Administration (FDA) greater authority over food production practices on the farm. Additionally, the legislation would give the government authority to mandate a recall, as opposed to the current system where a recall is recommended, but it is ultimately up to the company to voluntarily issue the recall.
The expanded FDA authority over production standards has caused some controversy among the agriculture community that is used to answering to the U.S. Department of Agriculture. The Senate is expected to take up the bill at some point, but the tea leaves on Capitol Hill indicate that health care reform and climate change legislation, along with several appropriations bills, will dominate the Senate’s agenda for the rest of the first session of the 112th Congress.
Rivera became sick about seven days after she ate the cookie dough. First her kidneys shut down and she went into septic shock. This was followed by the removal of part of her colon, which was then followed by the removal of her gallbladder. After the gallbladder was removed Mrs. Rivera’s liver stopped working properly. She currently cannot speak either, and though the cause of this side effect is not known, what is known is that the toxin produced by E.coli O157:H7 bacteria can attack a person’s brain. Mrs. Rivera has been in the hospital for roughly 120 days since May. She and her husband have six children.
As Layton points out, one of the more troubling aspects about Mrs. Rivera’s condition is that this particular strand of E.coli typically affects the young and old, but not the middle-aged. Rivera is 57. Additionally, the number of major organs that have been affected in Mrs. Rivera’s case is unique.
Currently, there is no known cure for E.coli O157:H7. Layton reports that the Centers for Disease Control and Prevention (CDC) estimate that about 70,000 people become sick annually from the bacteria. This number could be on the low end as many illnesses likely go unreported. When the CDC made the link between the outbreak and the cookie dough, “Nestlé immediately recalled about 3.6 million packages at a cost of $30 million to $50 million, according to Laurie McDonald, a company spokeswoman.” Still, the company is unsure as to what caused the contamination. Given this, it is tough to predict whether any of the proposed legislative changes would have prevented this outbreak. Nestlé is currently involved in a lawsuit over the outbreak.
While the courts figure out what happened and who is responsible for the cookie dough outbreak, and while Congress decides what direction to take food safety responsibility, the Rivera family will continue to pray for Linda’s recovery.
To read Layton’s story in the Washington Post click here.
To read previous U.S. Agricultural and Food Law and Policy Blog posts on food safety in general, the Food Safety Enhancement Act, and various product recalls, click here.
Posted: 09/02/09
