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.
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.
Publix Spinach Dip Recall Due to Possible Listeria Contamination
Publix Super Markets issued a voluntary recall for spinach dip because it may be adulterated with Listeria monocytogenes. The problem was discovered as a result of routine microbial testing conducted by Publix, according to the FDA. The 16 ounce containers of prepackaged spinach dip were sold at Publix retail deli departments with a UPC of 41415-00062 and use by date of OCT 10 C1. The spinach dip was sold in Publix grocery stores in Florida. The following counties in Florida did not receive recalled product: Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River, and Okeechobee. Publix stores in Alabama, Georgia, South Carolina, and Tennessee are not involved with this recall.
No illnesses have been reported to date in connection with this problem. However, Listeria has an incubation period as long as 70 days, so anyone who as eaten the recalled Publix spinach dip should watch for symptoms of listeriosis, the illness caused by food contaminated with Listeria bacteria. The symptoms of listeriosis include:
- Flu-like fever and muscle aches
- Upset stomach or diarrhea
- Stiff neck, headache, loss of balance, confusion or convulsions
- Flu-like symptoms in pregnant women
Publix is privately owned and operated by its 147,500 employees, with 2010 sales of $25.1 billion. Currently Publix has 1,038 stores in Florida, Georgia, South Carolina, Alabama and Tennessee. The company has been named one of Fortune’s “100 Best Companies to Work For in America” for 14 consecutive years. In addition, Publix’s dedication to superior quality and customer service is recognized as tops in the grocery business, most recently by an American Customer Satisfaction Index survey.
$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.
Cantaloupe Lawsuit and Listeria Outbreak Update from the CDC
Our law firm is representing the family of a man who died from complications of a Listeria infection (listeriosis) that may have been caused by cantaloupe recalled by Jensen Farms of Colorado. The recalled cantaloupe has been linked to a multistate listeriosis outbreak that has killed at least 4 people. We are also in the process of investigating outbreak cases where the victim was hospitalized but survived.
As the outbreak has grown, we have been contacted by people from several states still not listed by the CDC as having confirmed cases. We are doing our own investigation into these cases to determine if they are part of the outbreak.
After 5 days of silence, the CDC has updated its information on the Jensen Farms cantaloupe Listeria 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 81 years old. Most ill persons are over 60 years old or have health conditions that weaken the immune system. Sixty-five percent of ill persons are female. Among the 28 ill persons with available information on whether they were hospitalized, all were hospitalized. Four deaths have been reported, one in Colorado, one in Oklahoma, and two in New Mexico.
In addition to the cases above, there are probable cases in California, Illinois, Kansas, Missouri, Montana, New Mexico and Wyoming.
Investigation of the Listeria Outbreak
Among the 27 ill persons with available information on what they ate, 26 (96%) reported consuming cantaloupes. Ill persons were interviewed about exposures during the month before they became ill, and several of them said they ate Rocky Ford cantaloupe, 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, of Holly, Colorado, and were marketed as being from the Rocky Ford region.
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.
Jensen Farms Cantaloupe Recall
Prompted by the Listeria outbreak, Jensen Farms recalled their Rocky Ford cantaloupe:
The Jensen Farms cantaloupes in question were shipped between July 29th, 2011 and September 10th 2011, and distributed to the following states: IL, WY, TN, UT, TX, CO, MN, KS, NM, NC, MO, NE, OK, AZ, NJ, NY, PA. The whole cantaloupes 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.
Our attorneys represent listeriosis victims and their families throughout the United States. Contact them for a free consultation regarding a cantaloupe lawsuit.
