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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

7th Listeria Cantaloupe Lawsuit Filed

Screen Shot 2011-10-18 at 9.17.23 AM.pngIn the weeks that preceded his Listeria illness, Mr. Schwarz (age 92) consumed cantaloupe on multiple occasions, including at least one Listeria-contaminated cantaloupe manufactured, distributed, and sold by the defendants. Mr. Schwarz fell ill on or about September 15, 2011. He was treated at the hospital late on September 15, 2011 for abdominal pain, and released. Mr. Schwarz subsequently developed increasing weakness, until it reached the point that he could no longer move his legs. On September 19, 2011, he was taken by ambulance to the hospital and admitted. While in the hospital, Mr. Schwarz tested positive for Listeria. Medical and health officials have informed Mr. Schwarz that his Listeria infection is associated with the multi-state outbreak linked to Jensen Farms and Frontera Produce. At the time of the filing of this complaint, Mr. Schwarz remains hospitalized as a result of his Listeria infection.  (Download PDF Complaint).

  • This is a tragic situation for Mr. Schwarz and all of the victims of this terrible disease. The awful truth is that these products continue to circulate and we can expect more harm to the public.
    Even a month after the recall of Jensen cantaloupes, processors are still distributing the products.
    Another colossal failure of our food safety system, shame on us.

  • Gustaaf van der Feltz

    The Hague, Netherlands, October 25th 2011
    Dear Mr Marler ,
    Re: An approved processing aid against Listeria
    On the internet I read You are going to assist Mr Schwartz who has Listeriose likely from eating Cantaloupes contaminated with Listeria.
    I am writing to you because I am a former listeriosis patient. Luckily I had a strong enough immune system so I did not die, but I was very, very sick!
    I gather you do not know of the product called LISTEX P100. Listex is a safe (FDA approved as GRAS = Generally Recognised as Safe) phage preparation produced by the Dutch company Micreos Food Safety in Wageningen. (See link: http://www.infectioncontroltoday.com/news/2011/05/usda-approves-listex-as-processing-aid-against-listeria.aspx . ) It is also approved as a processing aid by Health Canada and in many other countries. It is a natural and relatively inexpensive product, much cheaper than destructing a great lot of good product or having to worry night and day about possible product contaminations with Listeria or the bad reputation you can get in one’s business. Causing sick people and accounting for many deaths by negligence is a crime! Indeed there is a good product to ban Listeria so use it!
    Micreos’ website is: http://www.micreosfoodsafety.com . In my view it is worthwhile to contact them. They are working worldwide. On the site you will see how it works. The product can also be used on all organic products (OMRI listed), it is effective against only Listeria (leaving even the ‘good’ bacteria in place), and has no effect on any other food properties (color, odor, texture, taste).
    It could also be valuable for a company to use Listex, because it is an approved and effective measure against Listeria monocytogenes and every food producer can use it. Because of the high risk associated with Listeria, if the company does not take measures against it, they expose themself to liability. Sadly, more than 400 deaths in the US and Canada underscore this!
    Listex is very well known in the food business, it was honoured with the gold award of the Food Ingredients Europe.
    Contacting http://www.Micreos.com can mean the salvage of a company. And also can save many deaths and illnesses like mine!
    To be precise: I am NOT on the pay list of Micreos Food Safety, I am just working to ban the Listeria bacteria. I do not want other people to suffer from listeriose like I did.
    I think the FDA should make the use of ListexP100 compulsary to all foodproducers.
    Perhaps you could use this to help Mr Schwartz. Look at the Internet for details.
    May I ask you your opinion on how to ban Listeriose on my e-mail g.van.der.feltz@ziggo.nl
    Thank you in advance!
    Gustaaf van der Feltz ( g.van.der.feltz@ziggo.nl )