Listeria Deaths Linked to Pasteurized Milk
The recent Listeria outbreak linked to Whittier Farms pasteurized milk is a reminder that no food is completely safe from foodborne pathogens. The outbreak has killed four people, 3 elderly men and an unborn baby. (Learn about Listeria miscarriage and Listeria wrongful death.)
Pasteurization is supposed to kill any foodborne pathogens present in the raw product. However, contamination can occur after the pasteurization process, which is undoubtedly what happened in this case. Listeria contamination occurs when a processing facility is not kept clean enough to kill any Listeria monocytogenes bacteria that may have found its way into the plant. Listeria can lurk in drains, registers, equipment and other areas.
The Massachusetts Department of Public Health investigation into this outbreak used genetic fingerprinting tests to connect the deaths with Whittier Farms milk. The outbreak strain of Listeria monocytogenes (each outbreak has a unique strain) has been found in samples obtained from those sickened, milk found at a victims home, and milk found at the Whittier Farms processing plant. These results can be used as evidence in a Whittier Farms lawsuit.
The food industry has a habit of blaming the consumer for any foodborne illness. For example, lawyers representing the beef industry claim that it is the consumer’s fault if someone gets sick because the meat was not cooked well enough. This is a thoughtless, indefensible argument, but it is always made in the case of meat products. In this case, even that argument can’t be made. Consumers should not have to boil pasteurized milk before they drink it.
Although the families grieving the loss of loved ones (and an unborn baby is loved long before the baby is born) have legal remedies, our experience in foodborne illness cases is that the families are primarily concerned about doing something to prevent the tragedy from happening to other families. Food safety attorney Fred Pritzker has recovered millions for victims of foodborne illness outbreaks. He is also an advocate for food safety. To contact Fred, please call toll-free at 1-888-377-8900 or submit the firm’s free case consultation form.
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