Cantaloupe Lawsuits: Solid Evidence against Jensen Farms of Colorado
At least 139 people in 28 states have been sickened in a Listeria outbreak that has been linked to cantaloupe grown by Jensen Farms in its Granada, Colorado fields. The evidence implicating Jensen Farms is solid:
Epidemiological Evidence: Among the 103 ill persons with available information on what they ate, 97 (94%) reported consuming cantaloupes in the month before illness onset. Several ill persons remembered the type of cantaloupe they had eaten and said they were Rocky Ford cantaloupes, which are grown in the Rocky Ford region of southeastern Colorado. Source tracing of the cantaloupes that ill persons ate indicated that they came from Jensen Farms fields in Granada, CO, and were marketed as being from the Rocky Ford region.
Microbiological Evidence: Laboratory testing by the Colorado Department of Public Health and Environment identified Listeria monocytogenes bacteria on cantaloupes collected from grocery stores and from ill persons’ homes. Product traceback information from Colorado state officials indicated that these cantaloupes also came from Jensen Farms. Laboratory testing by FDA has identified Listeria monocytogenes outbreak strains in samples from equipment and cantaloupe at the Jensen Farms’ packing facility in Granada, Colorado.
The number of laboratory-confirmed outbreak cases in each state are as follows:
Alabama (1), Arkansas (1), California (2), Colorado (39), Idaho (2), Illinois (3), Indiana (3), Iowa (1), Kansas (10), Louisiana (2), Maryland (1), Missouri (6), Montana (1), Nebraska (6), Nevada (1), New Mexico (15), New York (2), North Dakota (2), Oklahoma (11), Oregon (1), Pennsylvania (1), South Dakota (1), Texas (18), Utah (1), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (4).
Additional cases in these and other states are being investigated to determine if they are part of this outbreak.
To date, there 30 people have died in this outbreak, most of them elderly and one of them an unborn baby who was miscarried when the mother contracted a Listeria infection that then sickened the baby. The states and number of deaths are as follows:
Colorado (8), Indiana (1), Kansas (3), Louisiana (2), Maryland (1), Missouri (2), Nebraska (1), New Mexico (6), New York (2), Oklahoma (1), Texas (2), and Wyoming (1).
Our Listeria attorneys are investigating additional death cases to determine if they are part of this outbreak. Contact our attorneys for a free consultation regarding a lawsuit against Jensen Farms and the retailer who sold you the contaminated cantaloupe.
ALDI Sold Cantaloupe From Jensen Farms
ALDI was one of the retailers that sold Jensen Farm cantaloupes which have been identified as the source of the multi-state Listeria outbreak that has stricken more than 100 people in 26 states.
The Illinois-based retailer was notified of a potential problem in mid-September and immediately recalled the melons from its 1,100 U.S. stores which are located in 31 states, primarily from Kansas to the East Coast, including the Dallas/Ft. Worth area and South Florida.
The cantaloupes affected by this voluntary recall were sold individually in the fresh produce section in ALDI stores. The whole cantaloupes had a green and white sticker that read: Product of USA- Frontera Produce-Colorado Fresh-Rocky Ford-Cantaloupe or a gray, yellow, and green sticker that reads: Jensen Farms-Sweet Rocky Fords.
ALDI removed all of these cantaloupes from store shelves in September and currently stocks cantaloupes from other growing regions that are not subject to this recall. However, the incubation period for listeriosis can take up to 70 days, so customers who may have purchased and eaten tainted melons before the recall was announced, may not show signs of illness until mid-November.
State and federal health officials urge anyone who believes they have become ill from eating a contaminated melon to seek medical advice. Those with legal questions regarding this outbreak should contact our Listeria attorneys for a free consultation.
FDA Cites Widespread Listeria Contamination at Jensen Farms
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Citing “widespread contamination” and “poor sanitary practices,” the FDA has told the owners of the farm identified as the source of the cantaloupe listeria outbreak that they must clean things up at their packing facility.
In an October 18 warning letter to Ryan D. and Eric S. Jensen, the owners of Jensen Farms in Colorado, the FDA provided details of its investigation of the farm including results from a September 10 visit where five of 10 melons pulled from cold storage tested positive for strains of Listeria monocytogenes responsible for the outbreak.
Positive swabs were also taken from different locations throughout the washing and packing areas in the facility, all of which were on or near food contact surfaces, the letter states.
“This significant percentage of swabs that tested positive for outbreak strains of Listeria monocytogenes demonstrates widespread contamination throughout your facility and indicates poor sanitary practices in the facility.”
The cantaloupe Listeria outbreak has spread through 26 states killing 25 people, causing at least one miscarriage and hospitalizing more than 100 others. The FDA warns the growers to change their practices or face consequences. Specific recommendations include using the following post-harvest practices:
- Using packing equipment designed to facilitate cleaning and sanitation of melon contact surfaces and constructed of materials that may be easily cleaned and sanitized;
- Validating and verifying that melon wetting and brushing operations are not a potential source of melon contamination or cross-contamination; and
- Cooling and cold storing melons as soon as possible after harvest because delays in cooling when melons with netted rinds (such as cantaloupe) are wet from washing operations may allow for multiplication of human pathogens on the rind surface.
CDC Cantaloupe Listeria Update: 100 People with Listeriosis, 18 Fatal Cases
The CDC released its updated numbers on the cantaloupe Listeria outbreak linked to Jensen Farms cantaloupe grown in Colorado. Our attorneys are investigating the outbreak for victims and families throughout the United States. Contact our attorneys for a free consultation regarding a cantaloupe lawsuit.
A total of 100 persons infected with any of the four outbreak-associated strains of Listeria monocytogenes have been reported to CDC from 20 states. All illnesses started on or after July 31, 2011. The number of infected persons identified in each state is as follows: Alabama (1), Arkansas (1) California (1), Colorado (30), Idaho (1), Illinois (1), Indiana (2), Kansas (7), Maryland (1), Missouri (3), Montana (1), Nebraska (6), New Mexico (13), North Dakota (1), Oklahoma (11), Texas (14), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (2).- Eighteen deaths have been reported: 5 in Colorado, 2 in Kansas, 1 in Maryland, 1 in Missouri, 1 in Nebraska, 5 in New Mexico, 1 in Oklahoma, and 2 in Texas. Additional listeriosis deaths may be part of the outbreak. Our attorneys are investigating some of these cases.
- Although Jensen Farms issued a voluntary recall of Rocky Ford-brand cantaloupes on September 14 and the recalled cantaloupe should be off store shelves, more ill persons may be reported because of the time lag between diagnosis and laboratory confirmation and also because up to 2 months can elapse between eating contaminated food and developing listeriosis.
- CDC recommends that consumers not eat Rocky Ford-brand cantaloupe from Jensen Farms. This is especially important for older adults, persons with weakened immune systems, and pregnant women.
Listeriosis, the illness caused by Listeria bacteria, can cause encephalitis, meningitis, sepsis (septicemia) and death. Often those who survive had permanent brain damage.
$2,700,000 Listeria Death Settlement, Now Lawyer Investigating Cantaloupe Listeria Outbreak
Attorney Fred Pritzker settled a Listeria death case for $2,700,000. The case involved an 81-year-old man who contracted a Listeria infection (listeriosis) after eating food contaminated with the bacteria Listeria monocytogenes. After investigating the outbreak case, determining potential defendents and identifying and understanding the damage done to the family, settlement negotiations were commenced. Although initially the defendants did not acknowledge any responsibility for the outbreak, Pritzker was able to get the $2,700,000 settlement. Contact Fred Pritzker for a free consultation regarding a Listeria wrongful death lawsuit.
Mr. Pritzker and his team of attorneys at PritzkerOlsen are now investigating the Listeria outbreak linked to whole Rocky Ford cantaloupe grown by Jensen Farms in Granada, Colorado. One of the wrongful death cases the firm is handling involves a 76-year-old Illinois man who died from complications of Listeria, primarily sepsis, on September 11, 2011. He ate cantaloupe every day before developing symptoms of listeriosis.
Lawyers Representing Listeria Victims Nationwide
Attorney Fred Pritzker, Elliot Olsen, Brendan Flaherty and Ryan Osterholm are accepting cantaloupe Listeria cases in all affected states:
California (1), Colorado (14), Illinois (1), Indiana (1), Kansas (6 probable cases), Maryland (1), Montana (1), Nebraska (4), New Mexico (10), Oklahoma (8), Texas (9), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (1).
The list of affected states continues to grow. We have been contacted by families and victims of the outbreak who suspect their cases are part of the outbreak, and we are in the processes of doing the epidemiology and microbiology to determine if they are. In addition, because patients can develop listeriosis up to 2 months after eating contaminated food, cases related to this outbreak may continue to be reported through October.
Cantaloupe Listeria Outbreak Information from the CDC
CDC has confirmed a total of 55 persons infected with the 4 outbreak-associated strains of Listeria monocytogenes. All illnesses started on or after August 4, 2011. Listeriosis illnesses in several other states are currently being investigated to determine if they are part of this outbreak.
Among persons for whom information is available, illnesses began on or after August 4, 2011. Ages range from 35 to 96 years, with a median age of 78 years old. Most ill persons are over 60 years old or have health conditions that weaken the immune system. Fifty-nine percent of ill persons are female. Among the 43 ill persons with available information on whether they were hospitalized, all were hospitalized.
Eight deaths have been confirmed as part of the outbreak by the CDC: 2 in Colorado, 1 in Maryland, 4 in New Mexico, and 1 in Oklahoma. Fred Pritzker and his team are investigating other deaths that are likely caused by the contaminated Jensen Farms cantaloupe.
Evidence That Jensen Farms Cantaloupe Caused the Listeria Illnesses and Deaths
Among the 36 ill persons with available information on what they ate, 34 (94%) reported consuming cantaloupes in the month before illness onset. Several ill persons remembered the type of cantaloupe they had eaten and said they were Rocky Ford cantaloupes, which are grown in the Rocky Ford region of southeastern Colorado. Source tracing of the cantaloupes that ill persons ate indicated that they came from Jensen Farms, and were marketed as being from the Rocky Ford region. These cantaloupes were shipped from July 29 through Sept 10 to at least 17 states with possible further distribution.
Laboratory testing by the Colorado Department of Public Health and Environment identified Listeria monocytogenes bacteria on cantaloupes collected from grocery stores and from an ill person’s home. Product traceback information from Colorado state officials indicated these cantaloupes also came from Jensen Farms. Laboratory testing by FDA has identified L. monocytogenes matching outbreak strains in samples from equipment and cantaloupe at the Jensen Farms’ packing facility in Granada, Colorado.
Jensen Farms Cantaloupe Recall
In response to the Listeria outbreak linked to its cantaloupe, Jensen Farms, of Holly, Colorado recalled their shipments of Rocky Ford whole cantaloupe shipped between July 29th, 2011 and September 10th 2011, and distributed to the following states by Frontera Produce of Texas: IL, WY, TN, UT, TX, CO, MN, KS, NM, NC, MO, NE, OK, AZ, NJ, NY, PA. The cantaloupe was also distributed by other companies, including Basila Produce in Albuquerque, New Mexico and Wal-Mart Distribution in Los Lunasand, NM.
The whole cantaloupes may have a green and white sticker that reads: Product of USA- Frontera Produce-Colorado Fresh-Rocky Ford- Cantaloupe or a gray, yellow, and green sticker that reads: Jensen Farms-Sweet Rocky Fords. Some recalled cantaloupe may not have a sticker.
Retailers who received recalled cantaloupe include Walmart, Albertsons, Whole Foods Market, Supervalue (retail network includes ACME®, ALBERTSONS®, CUB®, FARM FRESH®, HORNBACHER’S®, JEWEL-OSCO®, SHAW’S/STAR MARKET®, SHOP ‘N SAVE® and SHOPPERS®), King Soopers. Additional retailers received the cantaloupe, but federal and state health officials have not released a list of all retailers.
