Day 244 - 03 May 96 - Page 07

     
     1        uraemic syndrome due to verocytotoxin E.Coli infection
     2        December 1990 to February 1991 by R Marshall; is that
     3        correct?
     4        A.  Yes, haemolytic uraemic syndrome.
     5
     6   Q.   "These have been supplied by fast-food operations in the
     7        McDonald's US chain.  In my view, from the reading of the
     8        technical report, its characteristics were very similar to
     9        those of the McDonald's outbreak in the UK.
    10
    11        The details were published and the lessons were available
    12        to all from which to learn, and it is entirely reasonable
    13        to assume that they have been closely studied by McDonald's
    14        US executives."
    15        A.  There is a point there:  McDonald's is not a small
    16        company and while one might expect a local fish and chip
    17        shop to be unaware of findings from, say, America, the
    18        nature of the organisation, its international nature, meant
    19        that it had both the capability and communication network
    20        to learn from US experience and in that the operations are
         broadly similar could, and, in my view, should, have
    22        learned those lessons.
    23
    24   Q.   "Details and the implications could easily have been
    25        conveyed to UK executives for transmission to UK operating
    26        staff.  Those lessons apparently went unheeded, at least in
    27        so far as the UK operations were concerned which, in my
    28        view, represents a major management failing, an aspect
    29        which can also be considered, to represent a lack of
    30        hygiene in that the management conduct is also an important
    31        part of maintaining hygienic conditions.
    32
    33        After the 1991 UK outbreak, McDonald's required of their
    34        burger producer an assurance that their 'patties' - as they
    35        call them - were E.coli-free. If they were capable of
    36        demanding that assurance then, they could have sought it
    37        before the outbreak occurred.  That they did not is
    38        strongly suggestive of an essential lack of capability in
    39        relation to the maintenance of hygiene.
    40
         This notwithstanding, the supplier gave the necessary
    42        assurance based on routine microbiological sampling carried
    43        out in the plants.  But an evaluation of the sampling
    44        protocol - by myself (submitted)-  showed that the
    45        frequency of sampling was so low, in comparison to the vast
    46        amount of meat handled, that the exercise had no realistic
    47        chance of finding E.Coli even if it was present in quite
    48        large numbers.
    49
    50        In my overall opinion, therefore, the McDonald's chain in 
    51        the UK is apparently willing to convey the impression of 
    52        being hygienic without the substantive controls necessary 
    53        to ensure that state."
    54
    55        The references below are the Advisory Committee on the
    56        Microbiological Safety of Food (1995), Report on
    57        verocytotoxin-producing Escherichia coli.  London: HMSO,
    58        the R. Marshall (1991) Report done in Preston.
    59
    60   MR. JUSTICE BELL:  You can just summarise those.  There is the