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Home»Featured»Failure to Cook Morel Mushrooms May have Led to Deaths in Dave’s Sushi Outbreak: Final Report Published
Failure to Cook Morel Mushrooms May have Led to Deaths in Dave’s Sushi Outbreak:  Final Report Published
"Other restaurants thoroughly cooked the morel mushrooms, and none of their patrons became ill."
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Failure to Cook Morel Mushrooms May have Led to Deaths in Dave’s Sushi Outbreak: Final Report Published

Tony Coveny, Ph.DBy Tony Coveny, Ph.DJuly 20, 2023Updated:July 20, 2023No Comments3 Mins Read
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The tragic deaths of two individuals, illness in more than 50, and hospitalization of at least three, has turned the small town of Bozeman upside-down.  According to Dave’s Sushi food poisoning lawyer Ron Simon, who represents multiple victims, including the family of William Lewis, who died shortly after eating at Dave’s Sushi:

“Bozeman is a relatively small metropolitan city with about 50,000 people, which means nearly every one in town knew Dave’s Sushi.  Nearly everyone who likes sushi had eaten at Dave’s at one time or another.  When the outbreak hit, it took everyone by surprise.  And now, the Montana Department of Public Health and Human Services (MDPHHS) has confirmed that the likely source of the deadly outbreak was imported mushrooms.”

MDPHHS has confirmed the suspect mushrooms were known as “true morel” mushrooms, identifying the species Morchella sextelata.  The mushrooms that made people ill were served raw or partially cooked.  Analysis on remaining mushrooms have not yet revealed any toxins or pathogens, including negative findings on pesticides, heavy metals, and bacteria.

One important finding, however, according to the U.S. Food and Drug Administration, was that the Morchella sextelata Morel mushrooms were also served in a number of other restaurants.  No illnesses were reported in those restaurants, but the FDA found, significantly, that those restaurants thoroughly cooked the batches of Morchella sextelata Morel mushrooms that they received. According toe MDPHHS, “the signs and symptoms of illness reported were consistent with what could result from eating morel mushrooms that were not properly handled, prepared, or cooked.”  MDPHHS also stated: “There are varieties of poisonous wild mushrooms that  look very similar to morel mushrooms.”

According to food poisoning lawyer Ron Simon:

“That means this outbreak was preventable, and that the pathogen was likely a biological contaminant susceptible to heat.  Heat, as we all know, is an important ‘kill-step’ in pasteurization and routine cooking.  It will be important to know if the supplier sold these mushrooms as ready-to-eat or if cooking was mandated.”

For a copy of the Final Summary of the Foodborne Outbreak Linked to Morel Mushrooms, published July 19, 2023, click here.

The restaurant, Dave’s Sushi, was temporarily closed in the aftermath of this outbreak.  It has now been allowed to reopen by the Gallatin City-County Health Department (GCCHD), which lifted the close-order.  To qualify for reopening, Dave’s Sushi had to provide the GCCHD with specific standard operating procedures, including dealing with biological toxins; renewed food-safety training for all employees and management; identify for GCCHD all supervisory and management personnel; pass all required food safety and sanitation inspections; and  discard all old foods and start anew with  fresh food.

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Tony Coveny, Ph.D

Tony Coveny, has been practicing infectious disease litigation exclusively for more than a decade, settling cases against major agro-industrial companies, international suppliers, and domestic distributors and manufacturers. Tony Coveny, alongside Ron Simon, has tried cases against restaurants, distributors, national manufacturers, and foreign corporations to recover damages against their clients. From the main office in Houston, which he manages, he speaks to potential and current clients on a daily basis.

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