Chapter 7: Obtaining Public Records Relating To Outbreak Investigations

 

Governmental records are often the best source of information when investigating food-borne illness claims.

As soon as a case is filed (or sooner if you are already aware of potential claims), you should move as quickly as possible to obtain records from any relevant federal, state and local health authorities.  If the case involves a pathogen that is reportable, documents should be obtained through a public records request from any city, county or state health departments overseeing the geographical location where the plaintiff resides.

If an individual (or group) confirms positive for Botulinum, Campylobacter, Cryptosporidium, E. Coli O157:H7, Hepatitis A, Salmonella or Shigella, his or her healthcare provider is generally required to report the case to authorities. Once reported, local and state health departments will initiate an investigation. Similarly, whenever a group of individuals confirm positive for pathogens not generally considered “reportable,” the cases are still typically reported and will often result in some type of investigation. 

For this reason, it is always critical to obtain documents potentially generated by the following governmental agencies to understand fully the cause of an illness or outbreak:

 

  • Any state, county and/or city health departments in the location where claimant either resides or was likely exposed. For requests to state and local government agencies, please visit www.foiadvocates.com to identify the relevant public records laws, and to obtain additional helpful information on issuing FOIA requests to these authorities.
  • The CDC whenever the illness involves Campylobacter, E. coli O157:H7, Listeria, Salmonella and/or Shigella.

CDC/ATSDR
Attn: FOIA Office, MS-D54
1600 Clifton Road, N.E.
Atlanta, GA 30333

  • The USDA/FSIS whenever the illness or outbreak involves an alleged meat, poultry or egg product:

Freedom of Information Act Officer
USDA, Food Safety and Inspection Service
Room 1140-South Building
1400 Independence Avenue, SW
Washington, DC 20250

  • The FDA whenever the illness outbreak involves any food products other than meat, poultry or eggs (i.e., produce and vegetables):

Food and Drug Administration
Office of Management Programs
Division of Freedom of Information (HFI-35)
5600 Fishers Lane
Rockville, MD 20857

 

For requests to the CDC, USDA and/or FDA, cite 5 U.S.C. § 552 (the Freedom of Information Act) to support your request. 

Although these records can take weeks (and sometimes longer) to obtain, they will often provide critical information relating to the plaintiff and other, potentially related, illnesses.

 

Copyright 2009 by Shawn K. Stevens

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