Last month, a listeria outbreak linked to supplemental frozen shakes led to 12 deaths and numerous infections country wide. Listeria is a serious foodborne illness that can cause muscle aches, fever, nausea, and other symptoms. It is particularly dangerous to those with compromised immune systems, pregnant people, and the elderly.
If you or a loved one has been impacted by foodborne illness from a contaminated product, you have a right to hold negligent food manufacturers accountable and pursue financial compensation. In this article, we explore listeria lawsuits and other legal options available to those who many have been affected by a listeria outbreak.
What is Listeria and What are Its Health Risks?
Listeria infection (also called listeriosis food poisoning) is caused by listeria bacteria. Able to survive and grow even in refrigerated environments, listeria thrives in unsanitary food production environments and is particularly common in deli meats, milk, and prepackaged food products.
When manufacturers do not adhere to food safety regulations, food poisoning outbreaks like listeria can occur and cause severe illness and in healthy individuals and life-threatening complications in vulnerable populations.
Initial Symptoms
The most common symptoms of listeria are fever and diarrhea. Other mild symptoms may include:
- Nausea
- Body aches
- Fatigue
- Stomach pain
- Other flu-like symptoms
Severe Complications
Pregnant people and elderly people are especially at risk for more advanced cases of listeria infection. In these instances, more severe symptoms may be present. These include but are not limited to:
- Loss of balance
- Stiff neck
- Neurological symptoms
- (In pregnant people) Premature delivery
Overview of Recent Listeria Outbreaks
There have been several major listeria outbreaks over the past year. These outbreaks have affected a wide range of food companies and their products, forcing large-scale voluntary recalls. Some of the most significant outbreaks have included:
- The Boar’s Head Recall: This outbreak primarily 7.2 million pounds of deli meats and ready-to-eat liverwurst products. 59 people were hospitalized, including 10 fatalities.
- BrucePac Recall: 11.8 million pounds of ready-to-eat meat and poultry products were affected, but no illnesses have been reported.
- Prairie Farms Dairy Recall: This still ongoing outbreak has infected 38 people and killed 12, according to CBS News.
Impact of Contaminated Food on Public Health
Contamination in our food supply has a wide-ranging impact on public health. According to food safety experts and the World Health Organization, listeria and other foodborne bacteria cause over 200 diseases. Together, these illnesses sicken an estimated 600 million people per year and kill thousands more. Treating these foodborne diseases costs billions in annual medical expenses worldwide.
Fighting back against liable parties is one way to encourage stricter food safety measures. When impacted individuals pursue listeria outbreak lawsuits — often under the umbrella of a product liability lawsuit — they are making an effort not only to protect themselves, but to prevent future outbreaks.
Legal Recourse for Affected Individuals
Those who have been affected by a listeria contamination have the legal right to hold negligent food manufacturers accountable. Victims of a listeria outbreak may be able to seek financial compensation for pain, medical bills, and lost wages, among other damages. There are a number of ways that an affected person might choose to pursue legal action: as a member of an affected class, or as an individual plaintiff.
Understanding Class Action Lawsuits
When multiple people are harmed by the same incident or product—like a listeria outbreak—filing a class action lawsuit can be an effective legal strategy. In a class action suit, a representative plaintiff stands in for a larger group of affected individuals, making it easier and more efficient to seek justice.
Benefits of Class Action Lawsuits
- Pooled Resources: Class action lawsuits allow affected victims to share resources, making it financially viable for individuals who might otherwise struggle to afford legal representation.
- Augmented Negotiating Power: A unified group of plaintiffs can often exert more leverage against large corporations, improving the chances of a favorable settlement or outcome.
- Faster Process: Handling one lawsuit instead of numerous individual cases can reduce the burden on the court system, streamlining the legal process and paving the way for faster resolutions.
Potential Challenges
- Smaller Settlement Amounts per Person: While the potential for a larger overall settlement exists, individual damages might be less than what plaintiffs could receive in a standalone lawsuit.
- Potential for Dismissal: There is always a risk that a class action lawsuit could be dismissed if the court does not find sufficient grounds for the collective claims. This can leave participants without recourse and can be disheartening for those seeking justice.
- Limited Control: In a class action lawsuit, the representative plaintiff makes decisions that can affect the entire group. Victims looking for more direct control over their lawsuit may want to consider filing an individual claim.
Individual vs. Class Action Lawsuits
When considering legal options after a listeria outbreak, victims must weigh the pros and cons of pursuing an individual lawsuit versus joining a class action lawsuit. An individual lawsuit allows victims to file claims solely on their own behalf. Both routes have distinct advantages and disadvantages and understanding them can help victims make an informed decision.
Advantages of Individual Lawsuits
- Higher Potential Settlements: Individuals who file their own lawsuits may have the opportunity to secure larger settlements tailored to their unique circumstances, such as extensive medical bills or pain and suffering.
- Control Over the Case: Plaintiffs have greater control over the legal strategy, evidence presented, and settlement negotiations. This can be especially important if a victim wants to pursue a specific angle that reflects their individual experience.
- Faster Resolution: Depending on the circumstances, an individual lawsuit may be resolved faster than a class action, particularly if the individual case is straightforward and lacks complex issues.
Drawbacks of Individual Lawsuits
- Potentially Higher Cost: In an individual lawsuit, all expenses are borne solely by the plaintiff. This can be prohibitive, especially when victims may already be facing mounting medical bills due to listeria infections.
- Emotional Toll: Engaging in a legal battle can be stressful, especially for those already dealing with health complications. Plaintiffs may find the litigation process to be a prolonged source of anxiety.
- Uncertain Outcomes: While individual lawsuits can lead to higher rewards, they also come with a greater risk of losing. If a plaintiff does not prevail in their case, they may end up receiving nothing and still be responsible for their own legal costs.
Seeking Legal Representation
Like most product liability cases, listeria lawsuits can involve going up against major corporations with deep pockets. Partnering with product liability attorneys who are well-versed in foodborne illness cases is essential for navigating the complexities of these legal battles.
Why Hire an Experienced Product Liability Attorney?
Experienced attorneys bring invaluable skills to the table, including:
- Expertise in Relevant Laws: Food safety laws and regulations can be intricate, varying significantly by state and federal levels. A knowledgeable attorney understands the legal landscape and can effectively advocate for victims’ rights.
- Investigation and Evidence Gathering: Establishing a strong case often requires thorough investigation. Proficient attorneys have the resources and expertise needed to collect evidence, such as medical records and product testing results, as well as identifying the source of the listeria contamination. This evidence is crucial for demonstrating liability.
- Negotiation Skills: A significant portion of listeria lawsuits involves negotiations with insurance companies or corporate legal teams. A seasoned lawyer can leverage their negotiation skills to achieve the best possible settlement for their clients. They are well-equipped to handle tactics that large corporations may use to minimize payouts.
- Contingency Fee Structure: Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if their client wins the case. This arrangement can alleviate some of the financial burdens on plaintiffs, as they won’t incur legal expenses unless they secure a settlement
How to Start Your Listeria Lawsuit
If you’re a victim of foodborne illness seeking legal representation, you can reach out to a qualified product liability attorney at McCune Law Group today. Our attorneys have 50 years of combined experience advocating victims against negligent corporations. Your evaluation is free and confidential.
Moving Forward After a Listeria Outbreak
Recovering from a listeria outbreak involves both physical and emotional challenges for victims and their families. In addition to battling severe illness, victims may have to face mounting medical bills, lost wages, or the devastation of losing a loved one.
If you’ve been the victim of a foodborne illness like listeria: you are not alone. Foodborne illness impact hundreds of thousands of consumers per year, and they put tremendous stress on our healthcare system and medical providers. Pursuing legal recourse after a foodborne illness can not only help victims heal but discourage outbreaks in the future.
After a listeria outbreak, you’ll want to be sure you understand your legal rights, build a strong support system, and reach out to a product liability attorney. With these tools in mind, you can move forward in health and happiness