Listeria Lawsuit

You rightfully expect your food to be safe, but sometimes manufacturers, packagers, suppliers, grocery stores, or others sell tainted food with Listeria and other foodborne illnesses. An experienced attorney can help you identify who is responsible for your condition and assist you in filing a Listeria lawsuit seeking compensation for damages, such as past and future medical bills, lost wages, pain and suffering, and, in the worst cases, wrongful death.

Listeria monocytogenes are bacteria that lead to infections called listeriosis when ingested. Most cases of Listeria infections are not severe, but pregnant women, newborns, people who are immunocompromised, and the elderly can face serious infections that lead to severe illness and even death.

You may also face financial and emotional hardship if you or a loved one experienced a severe Listeria infection. An experienced lawyer can help you file a Listeria lawsuit and pursue compensation.

Can You Sue for a Listeria Infection?

You can file a lawsuit if you get Listeria from the food purchased from someone else, such as at a restaurant or grocery store. You must prove that you suffered damages, such as medical bills or lost wages.

Each state has different laws regarding safety procedures and negligence in food poisoning cases. Partner with a Listeria lawyer who knows your state’s laws and has experience handling these cases. If you file a suit against the wrong person or do not file on time, you could lose your right to pursue compensation regardless of your damages.

If You Have Gotten Sick From a Foodborne Illness

What Is Listeria?

Listeria is a common name for the foodborne illness listeriosis. Listeria monocytogenes, a bacteria, causes this illness that starts in the gastrointestinal tract. Listeria monocytogenes can be found in soil, water, and decaying vegetation. It resists many ways to kill germs in foods, such as salt, smoke, or acidity.

Unlike many other bacteria, Listeria can continue to grow and multiply even when foods are refrigerated, making it especially dangerous. It can live in food processing plants for years. You get listeriosis by eating foods contaminated with the bacteria.

When it is in the gastrointestinal tract, Listeria can lead to minor symptoms in healthy people. Others in high-risk groups develop invasive infections that spread beyond the gastrointestinal tract, potentially leading to much more severe symptoms and illnesses.

Listeria Symptoms

In the United States, about 1,600 people become ill with listeriosis each year, and about 260 die. Minor cases lead to listeriosis symptoms such as headaches, muscle aches, diarrhea, and other gastrointestinal problems. They generally do not lead to hospitalization. When Listeria spreads to the nervous system, it can cause additional symptoms, such as confusion, loss of balance, and convulsions.

Invasive listeriosis spreads beyond the gastrointestinal tract, putting those affected in danger of contracting illnesses such as septicemia and meningitis. Invasive listeriosis can lead to illness in pregnant women, as well as miscarriage, stillbirth, and premature deliveries. It can also cause bacteremia or meningitis in their newborns. Fetal deaths happen in about 20 percent of cases, and newborns die in about 3 percent.

Foods That Carry Listeria

Unpasteurized dairy products, like yogurt, are the primary source of Listeria bacteria in food. It is also found in uncooked meats, vegetables, and foods contaminated after cooking, such as deli meats, hot dogs, soft cheeses, and smoked seafood. Popular foods like pizza that has been contaminated can carry Listeria. Pasteurization and cooking can kill Listeria, but it may be reintroduced before packaging. It is important to know what causes Listeria and how we can prevent it.

Listeriosis and High-Risk Groups

Several groups are at higher risk of contracting listeriosis, including:

Pregnant women, who are about 13 times more likely than others to get listeriosis
Newborn babies who get listeriosis infections during pregnancy
People with weakened immune systems from medications, transplants, or other diseases and treatments
People with cancer, diabetes, alcoholism, or liver or kidney disease
People with HIV or AIDS, who are almost 300 times more likely to get listeriosis
Elderly people

Healthy bodies can usually clear Listeria through normal immune system responses, limiting its spread. However, in immunocompromised people, Listeria goes uncontrolled and spreads through the bloodstream to other organs, such as the liver and spleen. In pregnant women, Listeria is carried through the bloodstream into the placenta and the fetus.

Listeria Outbreaks

One of the most significant Listeria outbreaks in the U.S. was in 1985. It was linked to soft cheeses containing unpasteurized milk and resulted in 142 illnesses, 28 deaths, and 20 fetal losses. Another deadly outbreak was linked to Listeria in cantaloupes in 2011. It led to at least 147 cases, 143 hospitalizations, and 33 deaths across 28 states.

The Centers for Disease Control and Prevention tracks past and current Listeria outbreaks. In 2023, it reported outbreaks related to:

Ice cream from the Ice Cream House in Brooklyn, which led to illnesses and a recall.
Leafy greens, which caused 18 people in 16 states to become ill, but the CDC could not track the source.
Peaches, nectarines, and plums from HMC Farms and Signature Farms food products, resulting in at least ten hospitalizations and one death.

Liability in a Listeria Lawsuit

Listeria contamination could happen at innumerable points in food supply chains, resulting in potential liability for:

Manufacturers
Suppliers
Processors
Packagers
Grocery stores
Restaurants
Catering companies

All sorts of things can lead to contaminated products in the food production chain. Unsanitary conditions, failure to store food at safe temperatures, poorly trained workers, failure to clean food before packaging, and not cooking food to appropriate temperatures can all lead to Listeria outbreaks.

How Much Is a Listeria Lawsuit Worth?

It is difficult to predict and impossible to guarantee the amount of compensation you can win in a Listeria lawsuit. However, an experienced Listeria lawyer can give you an idea of what your case might be worth after learning more about your specific situation. Ultimately, they can help you pursue compensation for economic and non-economic damage, including:

A minor case of Listeria with a short hospitalization may result in a few thousand dollars worth of damages. One involving prolonged hospitalization, long-term health problems, or death could result in millions of dollars in damages.

A Listeria outbreak linked to Blue Bell Creameries resulted in the company recalling all of its products in 2015. While individual settlements are not reported for this case, the federal government ordered the company to pay $20 million in fines.

Other cases include a $4 million award for the family of a woman who died due to Listeria in Big Olaf Creamery products. Another Listeria illness resulted in a $1.1 million award for the family of someone who died after eating Listeria-contaminated celery from Sangar Produce & Processing Company.

Contact an attorney immediately if you suspect you became sick from a foodborne illness. You may otherwise have difficulty recovering damages, especially if the company goes bankrupt trying to compensate other victims in a widespread outbreak.

What Do You Need To Prove in a Listeria Lawsuit?

The strategy your attorney takes will be based on the specifics of your case and the relevant laws in your state. The following legal theories may come into play in food poisoning cases:

Negligence – Suppliers may be liable for your Listeria because they were negligent in handling your food. They have a duty to keep consumers safe, and if they breach that duty and cause you harm, you can sue for damages.
Strict Liability – In some cases, food suppliers may be held “strictly liable” regardless of whether they were negligent.
Breach of Warranty – Food items come with an express or implied warranty of safety. So, if food is tainted with Listeria, you can claim a breach of warranty.

By accessing business food safety records, as well as collecting witness and expert testimony, your lawyer can help prove who is responsible for your Listeria.

How Long Do You Have to File a Listeria Lawsuit?

The time limit for filing your Listeria lawsuit is known as the statute of limitations and varies by state. If you do not file your case on time, a judge will most likely throw it out, regardless of its merits. Depending on your jurisdiction, you may have as little as one year to file. Though there are exceptions to these strictly enforced deadlines, it is best to consult with an attorney before relying on them in case they do not apply to your case.

Should I File a Listeria Lawsuit?

You may have the right to sue for compensation if you contract Listeria after consuming food you rightly expect to be safe. If you have medical bills, lost wages, or other damages, the responsibility for the financial burden of your Listeria diagnosis may lie with another party.

Remember, lawsuits also help hold manufacturers accountable for their unsafe food practices. Without this added pressure, these companies may continue producing or preparing foods in unsafe conditions, putting profits over people.

Your Listeria lawsuit may also trigger a wider investigation into how you got sick, prompting others to come forward. If media outlets and health department officials reach out, your voice could help keep others safe.

An experienced Listeria lawyer will know what evidence to collect and how to hold those responsible for your illness accountable. They will also understand the laws that apply to listeria lawsuits in your state.

Contact us for help filing a Listeria lawsuit. We will connect you with an experienced lawyer who can explain your full legal rights and options.

Have You Been Made Sick or Injured From Food?

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Recent Recalls

New Age International Recalls Enoki Mushrooms Due to Listeria Contamination

New Age International Inc announced a recall on December 11, 2024, for its 200g packaged Daily Veggies Enoki Mushroom product due to potential contamination with Listeria monocytogenes. The recall was initiated after the presence of the bacteria was discovered in samples collected from a store in Baltimore, Maryland. The affected product was distributed nationwide in retail stores and is marked with UPC code 8809159458890. While no illnesses have been reported, Listeria monocytogenes can cause severe infections, particularly in vulnerable populations.

Health Risks of Listeria

Listeria monocytogenes infection can be severe, particularly for young children, the elderly, pregnant women, and individuals with weakened immune systems. Symptoms in healthy individuals may include high fever, severe headache, stiffness, nausea, abdominal pain, and diarrhea, while infections in pregnant women can lead to miscarriage or stillbirth.

Consumers are urged not to consume the recalled products and are advised to dispose of them or return them to the place of purchase for a full refund. If you were impacted by this recall, you could be eligible for compensation. Contact Keep Food Safe for legal assistance to safeguard your rights and stay updated on critical food safety information.

Baker Farms Recalls Curly Mustard Due to Listeria Contamination

Baker Farms has issued a recall for its Baker Farms Curly Mustard Greens due to potential contamination with Listeria monocytogenes. This bacterium poses a significant health risk, particularly to young children, the elderly, pregnant women, and individuals with weakened immune systems.

The recalled product includes 16-ounce plastic bags of Baker Farms Curly Mustard Greens marked with a Best By date of 11-21-2024, UPC 8 13098 02018 4, and Lot Code bak144-6806. It was packaged on November 4, 2024, and distributed between November 5 and November 9, 2024, to distribution centers in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Tennessee, and Texas. The contamination was identified on November 29, 2024, when the Texas Department of State Health Services reported a positive test result for Listeria monocytogenes. While no illnesses have been reported to date, Baker Farms urges consumers not to consume the product. Customers may return the product to the place of purchase for a full refund or discard it.

The recall applies only to the listed product; no other bagged greens are affected. The Best By date and Lot Code can be found on the front of each package.

Health Risks of Listeria

Gracie’s Kitchen Recalls Fruit and Vegetables Due to Listeria Contamination

Gracie’s Kitchens, based in New Haven, Connecticut, is recalling all ready-to-eat fruit and vegetable products manufactured at its facility between November 4 and November 13, 2024. The recall is due to potential contamination with Listeria monocytogenes, a bacterium that can cause serious and sometimes fatal infections, particularly in young children, the elderly, and individuals with weakened immune systems.

The recalled products were distributed to grocery stores in Connecticut and New York and have sell-by dates ranging from November 9, 2024, to November 24, 2024. The products are no longer available in stores and are past their sell-by dates.

No illnesses have been reported at this time. The recall was initiated after environmental sampling detected the presence of Listeria monocytogenes at the facility. Gracie’s Kitchens is cooperating with the Food and Drug Administration to address the issue.

Health Risks of Listeria

Consumers are urged not to consume the recalled products and are advised to dispose of them or return them to the place of purchase for a full refund. If you were affected by this recall, you may be eligible for a compensation. Reach out to Keep Food Safe for legal guidance on how to protect your rights and stay informed about food safety issues.