Monday, June 25, 2007
SAN ANTONIO, TEXAS LABORATORY:
On June 21, 2007 David Karnas and Roger Orlando had a dinner conference in San Antonio with the project manager from the peanut butter testing lab. While not pretending, as yet, to understand a Ph.D.'s wealth of knowledge concerning different methods of testing for salmonella in an adulterated food product, we did come to the following conclusion: in addition to our "culture positive" findings of salmonella in various clients' peanut butter, there is a second method - call BAX - which determined to a less than 2% margin of error a significant number of other positive findings in clients' peanut butter samples. What this means is that our rate of positive findings in samples chosen for testing has risen to the near 40% mark.
[Under the assumption that ConAgra reads these website updates, we will not be any more specific at this stage, and instead will rely upon our proofs presented in settlement talks or at various phases of trial, if ever necessary].
During our meeting, we reviewed current scientific literature and Dupont (BAX testing apparatus manufacturer) literature and, in a general sense, concluded that although BAX does not show an active colony of salmonella bacteria, to a very high degree of probability, it shows that such a contaminate once was there. In all testing, all other forms of bacteria, if any, are isolated and the salmonella colonies or remaining DNA are kept safe from predator bacteria that may destroy the salmonella. As the doctor in charge of our testing aptly explained, with a culture positive test, we know the "body" is there because we found it. In a BAX positive test, we know the "body" was there because we found a skeleton, which proves to a very high degree of probability that the body was there when someone consumed the peanut butter and became ill.
The following day, Mr. Orlando spent one-half day touring the lab itself and watched as control BAX and culture tests were conducted by the lab technicians in charge. Striking was the absolute care taken in controlling the cleanliness and purity of the work area where such testing was conducted. All studies are performed absolutely blind - that is, no lab technician knows the identity of the client from whom the sample was provided. Remarkable care is taken in every detail: no peanut butter jar
lid is placed closure side down to avoid cross-contamination, there are dual sterile cleaning procedures and multiple sterile glove changes at each stage, all temperatures are monitored closely and all samples, jars and results are kept under lock-and-key with very limited access. Every step from receipt of the peanut butter jar to the logging of results is photographed and certified. If it is not apparent from this glowing report, the lab impressed us well beyond our expectations and confirmed that our expert epidemiologist made a very qualified referral to this lab group.
The remaining day was spent in collecting data on individual cases, or data which can be used "across the board" on all of your cases.
MDL PLACEMENT AND HANDLING:
As of this writing, the MDL Panel of Judges have not reached a decision of the placement of all of the peanut butter class action cases. A decision is expected at any time.
Nonetheless, we have been in talks with ConAgra and have dates established to be in Omaha to begin discussions of the possibility of case settlements either on an individual or global (all inclusive) basis.
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