Wrongful Death Lawsuit

food safety infosheet March 3, 2009 www.foodsafetyinfosheets.com Wrongful death lawsuit filed against Shelbyville, KY eatery Illness linked to toxin in ham The lawsuit alleges that ham containing Staphylococcus aureus toxin was to blame in the death. 72 year-old David Maupin died two days after dining with his family at the Claudia Sanders Dinner house. Food handlers are often the source of Staphyloccus aureus contamination however equipment and environmental surfaces can also be sources. The group was attending an Easter dinner event. On March 23, 2008, David Maupin, his wife, brother, and sister-in-law all ate Easter dinner at the Claudia Sanders Dinner House in Shelbyville, KY. Two days later, after becoming ill with Staphylococcus aureus toxin he died. "It's almost as if there is a tragic event, like a car accident, because you just don't expect to go to your Easter Dinner or whatever and then the next couple of days somebody is gone because of something they ate," said Bob Silverthorn, the Maupin's family Attorney. After an investigation by the North Central Public Health Staphylococcus aureus Department, it was determined that hams being served that Baked ham is often linked to Staphylococcus day were contaminated with the Staphylococcus aureus. aureus outbreaks, usually due to post-baking "It's most likely that someone in the kitchen had some kind contamination. of contamination either on themselves or on a cooking utensil of some kind that transferred that contamination to Outbreaks often occur after food has been the ham," said Silverthorn. "The hams that were not opened prepared in bulk and stored for more than 4 were not contaminated." hours at ambient temperatures. Silverthorn said the Claudia Sanders Dinner House is still responsible even if they did not know someone or To avoid Staphylococcus aureus toxin something in their kitchen was contaminated. keep hot food above 140°F and cold food "You know when you do an autopsy, stool sample, death below 40°F. certificate, FDA examination of food products, it all ties this together," said Silverthorn. For more information contact Ben Chapman benjamin_chapman@ncsu.edu or Doug Powell dpowell@ksu.edu

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