Listeria Lawsuits
 

If you ate cantaloupe sometime in the past two months and then experienced symptoms of listeria infection, should you file a food poisoning lawsuit?

No one should contemplate the investment time and resources required to pursue a lawsuit for two days of upset stomach or intestinal distress with no permanent harm. Even if you were inclined to pursue such a case, the costs of litigation would likely far exceed the damages likely to be awarded.

But for those listeria victims with compromised immune responses, the harm can be catastrophic, even fatal. For those cases, victims may suffer months of lost income, permanent nerve or muscle damage, and large medical bills. For the families who have lost a loved one from listeria infection, a wrongful death claim may be the only option for compensation.

There are 16 strains of the listeria bacteria. Four strains are associated with the current nationwide outbreak, and one of those three has been traced directly to Jansen Farms Rocky Ford brand cantaloupes by the FDA.

Any merchant who puts listeria-contaminated cantaloupes into the stream of commerce may be liable. From Jansen Farms, where the cantaloupes were grown, to the grocers and restaurants, all producers of food have an obligation to deliver goods fit for consumption.

Though all of the injuries and illnesses caused by contaminated cantaloupes are alike in some aspects, every case is unique, depending on the circumstances of how you came to possess and consume the cantaloupe. Every case will need a fact-specific approach.

Proving Your Listeriosis Claim

As with any personal injury case, you must be able to show liability, causation and damages. The theories of liability are discussed at Listeriosis Liability. Much of the liability investigation will be performed by government agencies including the FDA and the CDC in an effort to protect the public from further exposure. The involvement of the government agencies will be of great help in proving link between the food you ate and the contaminated cantaloupe. Scientific testing to determine the particular strains of listeria that were present in the contaminated cantaloupe can provide solid evidence linking the contaminated cantaloupe with your listeriosis.

However, the next step is to prove that you ate the contaminated cantaloupe from Jensen Farms. This will probably require testing by a medical care provider to determine if you have been infected with one of the four strains of listeria that have been shown as responsible for the cantaloupe listeria outbreak. It is likely that there will be a sufficient delay between ingesting the cantaloupe and the development of listeria symptoms, that you will not recall when or where you ate the cantaloupe. This makes the testing of your blood or spinal fluid essential to show the connection between your illness and the Jensen Farms cantaloupes.

Then you will need to prove that you were significantly injured by the listeriosis. This will include providing your medical records for the treatment you received for the listeriosis, and documenting your damages. To learn more about the elements of damages for which you may seek compensation, visit our Overview of a Personal Injury Case.

Learn more about the listeria outbreak caused by the Jensen Farms cantaloupe.

Learn the symptoms of listeria, to determine if you should seek medical care.

If you believe you or a loved one has been infected with listeria, learn more about your legal rights.