Lawsuits involving listeriosis are incredibly complex and require skill and experience that few lawyers possess. Our food safety attorneys have collected millions on behalf of listeriosis victims, including $3,500,000 for a family who lost unborn twins and $2,700,000 for the family of an 81-year-old man who died.
Litigation Preparation for Listeriosis Outbreak Lawsuits
There have only been a handful of major listeriosis outbreaks in the United States. The last one was in 2002, and our attorneys served as lead counsel on behalf of a number of outbreak victims and their families. The following information describes some of the firm’s work on behalf of its clients.
Our attorneys first became involved in representing victims of the 2002 Northeast United States Listeria outbreak in December 2002, shortly after the outbreak was identified but long before the Centers for Disease Control and Prevention issued its final report linking this outbreak to the two defendants in this case.
After several months of investigating these outbreak cases, after ruling out several potential defendants, and after identifying and understanding the damage claims, settlement negotiations were commenced.
Neither of the defendants to which the settlement demand was addressed acknowledged any responsibility for the outbreak and both refused to enter into any settlement negotiations. As a result, the cases were placed in suit on May 26, 2004, and August 10, 2004, respectively.
Both corporate defendants were represented by large and prestigious firms that devoted substantial resources to defending these claims.
After discovery commenced, more than 107,000 documents were produced by the defendants. In addition, Pritzker attorneys and staff pursued FOIA requests at every level of government; found and retained media coverage related to the defendants and the outbreak; obtained industry publications related to Listeria dating to the 1990s; and catalogued hundreds of scientific articles related to Listeria, genetic subtyping, foodborne illness and food industry sanitation.
One of the defendants had a sophisticated computer and email network on which thousands of potentially relevant email messages and metadata were stored. Plaintiffs determined that extensive e-discovery was necessary and, accordingly, retained technical consultants and extensively negotiated E-discovery terms with the defendant. Through the most sophisticated E-discovery methods available and in coordination with one of the companion federal plaintiff firms, this data was eventually extracted, imaged and added to the above-described databases where, again, it was reviewed, coded and indexed.
The review of these documents led to additional detailed discovery requests, a series of highly contentious discovery issues and numerous motions to compel discovery. These motions included an exhaustively briefed issue related to one defendant’s assertion of the “self-critical analysis” privilege on a crucial document. Plaintiffs ultimately prevailed on that issue.
The science of listeriosis infections in general and the role of science in this particular outbreak significantly complicated these cases. Listeria monocytogenes is ubiquitous in nature. Thus, it is critical to genetically identify the outbreak-causing strain and determine its source. Doing so requires the use of highly technical and sophisticated scientific processes involving genetics, microbiology and epidemiology, among others. The body of knowledge involving these subjects is dense, arcane and constantly evolving. It required attorneys at our firm to spend hundreds of hours learning and then partially mastering the scientific principles involved. For example, the process of differentiating strains of Listeria monocytogenes is accomplished by serotyping, ribotyping, use of pulsed-field gel electrophoresis (using two, three or more enzymes and enzyme combinations), MLST, MVLST and a host of other techniques.
Microbiology is only one component of the process necessary to identify the source of an outbreak. The other involves complex foodborne illness epidemiology which was very much an issue in this case. It was an issue because a) the rare outbreak strain was found in two plants, not one as is usually the case; b) the outbreak strain was not detected in one defendant’s product; c) it is difficult for outbreak victims to identify the source of the food they ate (given the long incubation period and fungible nature of the food products involved); and d) the epidemiological methods employed by the CDC in conducting its outbreak investigation were bitterly contested by the defendants.
This, in turn, required an extensive learning curve in the science of epidemiology and extensive study of past outbreaks in order to understand how and whether the CDC’s investigation of this outbreak differed from previous outbreaks. This was particularly important since federal law prohibits any contact with or testimony from CDC personnel involved in the underlying outbreak investigation.
To prove their case, the firm had to retain the following experts: 1) microbiologist and expert in MVLST testing, 2) microbiologist and an expert in PFGE testing, 3) animal scientist and plant sanitation expert, 4) sanitarian and plant safety expert, 5) medical epidemiologist, 6) infectious disease expert, 7) maternal and fetal medicine expert, 8) hospitalist and conscious pain and suffering expert, 9) cardiologist, 10) economist, and 11) an internist.
Issues of fault involving the defendants turned on their knowledge of and compliance with USDA regulations involving food sanitation and safety. This is a complex body of evolving law and regulations that were particularly in flux before and during the outbreak in question.
Not long before the outbreak, the USDA went from an inspector-driven system of plant inspection to one governed by plant-initiated and plant-specific controls based on principles of HACCP (Hazard Analysis and Critical Control Points, SSOPs (Sanitation Standard Operating Procedures) and GMPs (Good Manufacturing Practices). Developing an understanding of these regulatory schemes was necessary in order to evaluate the conduct of the defendants, particularly with regard to the history of administrative enforcement at these plants in the months preceding the outbreak. For example, both plants were issued a number of NRs (non-compliance reports) by the United States Department of Agriculture – Food Safety and Inspection Service (USDA-FSIS) in the run up to the outbreak. Following the outbreak investigation, both plants were issued the most severe administrative sanction, Notice of Intended Enforcement (NOIE). Learning and understanding this body of administrative law and enforcement was critical in being able to assess and prove fault on the part of both defendants.
This litigation involved taking no fewer than 32 liability and damages depositions. The vast majority of these depositions involved highly technical subject matter and extensive preparation. The vast majority of the depositions took several hours apiece and some took place over the course of more than one day. All together, there were several thousand pages of deposition transcripts and hundreds of exhibits.
Plaintiffs were not able to prove with certainty which of the defendants’ products caused each plaintiff’s case of listeriosis. Difficulty with this crucial element required successful application of the rarely used doctrine of alternative liability. This crucial issue heightened the risk involved in this litigation and required rock-solid world-class science. Our summary judgment brief and reply briefs, together with our statement of facts and exhibits demonstrates the high quality of our advocacy and research on this issue. Indeed, our discovery and deposition strategy was geared toward successful resolution of this key issue. Further evidence of this is the fact that within a few days of the court’s ruling in favor of the plaintiffs on this issue, the cases settled.
In an effort to assure application of alternative liability in the state cases and to prepare for the summary judgment briefing, Pritzker attorneys significantly participated in the preparation of the motion for summary judgment in the federal cases; motions in limine in the federal cases; and, because of our expertise in the microbiology and epidemiology of Listeria, helped draft and respond to Daubert motions in the federal cases.
In addition to the complexities of proving liability for the outbreak, one of the firm’s cases involved a highly technical issue involving medical causation. That issue involved whether one or both of the fetal twins died from the effects of maternal listeriosis or whether their deaths were attributable to the mother’s age, inherent risks of twin births, use of fertility treatment or the presence of placenta previa (which was unquestionably not due to listeriosis). Both defendants retained highly qualified maternal-fetal experts who opined that listeriosis did not cause the fetal twins’ deaths, particularly the second twin who died approximately two months after the mother’s listeriosis was first diagnosed. Understanding these issues and effectively combating them required considerable time and research because there were so many factors at play and the subject of fetal twin demise due to listeriosis is so rare.
This case settled approximately six weeks before trial. Since the trial would have involved scores of witnesses, hundreds of exhibits, and dealt with material that was complex and difficult to present to a jury, an enormous amount of time was spent preparing for trial by the time the cases settled. Our attorneys and staff had contacted numerous witnesses about trial appearances, issued subpoenas for trial, and prepared key family members for trial. We had also begun trial planning with a well-known jury consultant with the National Jury Project who was preparing to test themes, conduct a mock jury and obtain demographic data. Until the case was finally settled, attorneys Fred Pritzker and Brendan Flaherty worked on this case approximately 12 hours per day and had been doing so for several weeks.
Cantaloupe Outbreak Attorneys: Free Consultation
Our attorneys are now investigating listeriosis personal injury and wrongful death cases that may be part of the Listeria outbreak linked to cantaloupe grown in Colorado by Jensen Farms that has sickened at least 100 in 20 states, according to the Centers for Disease Control and Prevention (CDC). 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.
This cantaloupe outbreak is proving to be the deadliest foodborne outbreak in the U.S. in more than a decade.
Our attorneys represent Listeria victims nationwide. To contact them regarding a cantaloupe lawsuit against Jensen Farms and others, please call 1-888-377-8900 (toll free) or submit our free consultation form.
Within the last month, four companies have announced recalls for salad greens possibly tainted with 
Landshire of St. Louis, is recalling of 1,751 cases of the Nike All-American sandwich because of potential contamination with
On September 2, 2011, the Colorado Department of Public Health and Environment (CDPHE) notified CDC of seven cases of listeriosis reported since August 28. On average, Colorado reports two cases of listeriosis annually in August. By September 6, all seven Colorado patients interviewed with the Listeria Initiative* questionnaire reported eating cantaloupe in the month before illness began, and three reported eating cantaloupe marketed as "Rocky Ford."
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Laboratory tests, including 
Laboratory testing has identified Listeria monocytogenes bacteria matching the outbreak strains:.jpg)
To protect themselves from 
Retailers, including Safeway (Colorado, Nebraska, New Mexico (Aztec and Farmington), South Dakota and Wyoming), Whole Foods, King Soopers (Colorado and Wyoming), Albertson’s, Walmart (one lawsuit lists Colorado Springs store) and others, have pulled Rocky Ford cantaloupes off shelves, according to store press releases and news reports. But consumers should not have to get this information piecemeal..jpg)
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Researchers from the 
Part of the FDA's requirement is for Portland Shellfish to install a Listeria testing program and a sanitation program in addition to the company's Hazard Analysis and Critical Control Point (HACCP) plan. The company normally sells ready-to-eat lobster, shrimp and crab products to retailers in Massachusetts, California, Georgia, Illinois, Nevada, Washington, New Jersey and Louisiana.
New Braunfels Smokehouse, a New Braunfels, Texas, establishment, recalled approximately 2,609 pounds of fully cooked, ready-to-eat smoked turkey breast products that may be contaminated with .jpg)
As part of a Listeria outbreak investigation in Texas, the Food and Drug Administration (FDA) inspected the SanGar Fresh Cut Produce processing plant because celery processed at the plant had been associated with the outbreak. Yesterday, the FDA released results of its laboratory testing of processed finished product and environmental samples taken from the SanGar processing plant on October 14-15. The results indicate the presence of 
Texas health officials force a celery recall after a listeriosis outbreak in Bexar, Travis and Hidalgo counties kills 5 people and seriously sickens 5 others. Attorneys at Pritzker Olsen have successfully represented listeriosis victims and their families. For a free consultation, please call 1-888-377-8900 (toll free) or .gif)
The recalled products – primarily cut fresh produce in sealed packages – were distributed to restaurants and institutional entities, such as hospitals and schools, and are not believed to be sold in grocery stores. The testing was done as part of a Department of State Health Services investigation into 10 listeriosis cases, including five deaths, reported to the department over an eight-month period, the health department said in a press release. Six of the 10 cases have been linked to chopped celery from the Sangar plant, the release said.
Head cheese is at the center of a lawsuit alleging the jellied meat caused .jpg)
The first patient is a 58-year-old female from Castle County who contracted 
The January 27 letter arrived after the Georgia Department of Agriculture found 
The Parkers Farm recall is a result of a sampling done by the state of Wisconsin and the state of Minnesota which revealed that some finished products contained the bacteria. The state of Minnesota, FDA, and the company continue their investigation as to what caused the problem. No illnesses have been reported to date..jpg)
