$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.
New Mexico Listeria Wrongful Death Linked to Cantaloupe: Free Consultation with Lawyer
Four people have died in New Mexico in an outbreak that has been linked to Rocky Ford cantaloupe grown in Colorado. Three of the fatalities in New Mexico include two Bernalillo County men (Albuquerque area), ages 93 and 63, and a 61-year-old Curry County woman (Clovis area). The residence of the fourth victim who died has not yet been released. Our attorneys are available for a free consultation regarding a wrongful death lawsuit against Jensen Farms, a grower of Rocky Ford cantaloupe, Frontera Produce of Edinburg, Texas, and others, including, depending on the facts of the case, a retailer or restaurant.
Retailers, including Safeway, Whole Foods, King Soopers, Albertson’s Walmart and others, voluntarily pulled Rocky Ford cantaloupes off shelves as soon as Rocky Ford cantaoupe were suspected in the outbreak. Jensen Farms recalled cantaloupe it had distributed through Frontera Produce to the states of New Mexico, Colorado, Illinois, Wyoming, Tennessee, Utah, Texas, Minnesota, Kansas, North Carolina, Missouri, Nebraska, Oklahoma, Arizona, New Jersey, New York and Pennsylvania.
The whole 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.
First Albuquerque and then New Mexico recalled all Rocky Ford cantaloupe, which is an area in Colorado where particularly sweet cantaloupe is grown.
The New Mexico Environment Department’s (NMED) Environmental Health Bureau, in conjunction with the New Mexico Department of Health (DOH) issued a voluntary recall notice to all state produce retailers, requesting that any cantaloupe grown in the Rocky Ford growing area of southern Colorado be temporarily pulled from store shelves. The recall was prompted by a multistate listeriosis outbreak linked to Rocky Ford cantaloupe. Ongoing collaborative investigations by local, state, and federal public health and regulatory agencies indicate the likely source of the outbreak is a type of cantaloupe, called Rocky Ford cantaloupes, which are grown in the Rocky Ford region of southeastern Colorado. These cantaloupes were harvested in August and September, distributed widely in the United States. New Mexican residents should refrain from purchasing or handling cantaloupe grown in the Rocky Ford growing area.
Cantaloupe Recall in New Mexico
The New Mexico Environment Department’s (NMED) Environmental Health Bureau, in conjunction with the New Mexico Department of Health (DOH) issued a voluntary recall notice to all state produce retailers, requesting that any cantaloupe grown in the Rocky Ford growing area of southern Colorado be temporarily pulled from store shelves. The recall was prompted by a multistate listeriosis outbreak linked to Rocky Ford cantaloupe.
Ongoing collaborative investigations by local, state, and federal public health and regulatory agencies indicate the likely source of the outbreak is a type of cantaloupe, called Rocky Ford cantaloupes, which are grown in the Rocky Ford region of southeastern Colorado. These cantaloupes were harvested in August and September, distributed widely in the United States. New Mexican residents should refrain from purchasing or handling cantaloupe grown in the Rocky Ford growing area. If cantaloupe has already been purchased, citizens are recommended not to eat the cantaloupe and asked to throw it away. (Note from Pritzker Olsen Attorneys: If someone was sickened by the cantloupe, it may be evidence in a lawsuit against the cantaloupe grower and others. Contact our law firm for a free consultation.)
The New Mexico Department of Health and Centers for Disease Control and Prevention (CDC) is advising people at high risk for listeriosis (older adults, persons with weakened immune systems, and pregnant women) to not eat cantaloupes marketed as coming from the Rocky Ford region of Colorado.
What is the Evidence Implicating Rocky Ford Cantaloupe?
Ill persons were interviewed about exposures during the month before becoming ill; investigators compared their responses to persons with listeriosis reported through the CDC Listeria Initiative, whose illnesses were not part of this outbreak. Preliminary results strongly suggest that illnesses are linked to consumption of cantaloupes. Several ill persons who remembered the type of cantaloupe said they were Rocky Ford cantaloupes. Preliminary source tracing of the cantaloupes persons ate indicated they were marketed as cantaloupes from the Rocky Ford region.
Laboratory testing by the Colorado Department of Public Health and Environment identified Listeria monocytogenes bacteriaon cantaloupe collected from grocery stores and from an ill person’s home. Product traceback information from Colorado State officials indicated these cantaloupes were marketed as cantaloupes harvested in the Rocky Ford region. FDA is working closely with CDC, the firms involved, and public health authorities in states where illnesses occurred to determine the exact source of contamination.
The New Mexico Department of Health (DOH) has identified ten cases of Listeria infection to date, with three of these cases resulting in death. In New Mexico, all 9 patients who have been interviewed reported eating cantaloupe prior to illness.
What is the Status of the Cantaloupe Outbreak in New Mexico?
All of the ill people in New Mexico have been hospitalized, including the three fatalities. The fatal cases were: a 93-year-old man from Bernalillo County, a 61-year-old female from Curry County, and a 63-year-old man from Bernalillo County. The other hospitalized cases in New Mexico come from Bernalillo, Chaves, Otero, De Baca, Valencia and Lea counties. The ill people range in age from the 43 to 96 and include 4 men and 6 women. Illness onset ranges from August 20th to early September.
Cantaloupe Food Poisoning Prevention from NMED
General Melon Safety Advice:
- Consumers and food preparers should wash their hands before and after handling any whole melon, such as cantaloupe, watermelon, or honeydew.
- Wash the melons and dry them with a clean cloth or paper towel before cutting.
- Cut melon should be promptly consumed or refrigerated at or less than 40 degrees F (32-34 degrees F is optimal for storage of cut melon).
- Cut melons left at room temperature for more than 4 hours should be discarded.
What is Listeriosis?
Listeriosis, a serious infection usually caused by eating food contaminated with the bacterium Listeria monocytogenes, is an important public health problem in the United States. A person with listeriosis usually has fever and muscle aches, often preceded by diarrhea or other gastrointestinal symptoms. Almost everyone who is diagnosed with listeriosis has “invasive” infection (sepsis), in which the bacteria spread from the intestines to the blood stream or other body sites. Complications of listeriosis include: Listeria meningitis, hydrocephalus, and wrongful death.
The symptoms of listeriosis vary with the infected person:
- Persons other than pregnant women: Symptoms, in addition to fever and muscle aches, can include headache, stiff neck, confusion, loss of balance, and convulsions.
- Pregnant women: Pregnant women typically experience only a mild, flu-like illness. However, infections during pregnancy can lead to miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn.
Pritzker Olsen attorneys represent listeriosis outbreak victims nationwide. They have won millions for their clients in personal injury and wrongful death lawsuits against growers, distributors, retailers and restaurants. Our attorneys have had leadership positions on multistate litigation (MDL) panels. An MDL is like a class action lawsuit but only the pretrial procedures are consolidated.
Albuquerque also issued a recall of Rocky Ford cantaloupe after two people in the area died and several others were sickened. Other cities in New Mexico include Carlsbad, Clovis, Farmington, Las Cruces, Roswell and Sante Fe.
