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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Cantaloupe Still on the Menu?

Screen Shot 2011-09-22 at 10.40.05 AM.pngI am just wrapping up a speech in front of a group of lawyers who represent the hospitality industry (hotels, cruise lines, etc) and was a bit surprised that cantaloupe was on the morning menu.  Half the audience was not even aware of the recall that has been implicated in nearly 60 illness and nearly 10 deaths in 14 states. 

We have filed the below three lawsuits and have been retained by 14 other families.  A wrongful death lawsuit will be filed in Oklahoma later today or Friday.

Texas – The family of an Angleton, Texas, woman who was hospitalized after consuming Listeria-contaminated cantaloupe filed a lawsuit against the Colorado-based farm that produced the cantaloupe in Brazoria County District Court today. According to the complaint, Juanita Gomez consumed cantaloupe purchased from a local grocery store in early August. By August 20, Mrs. Gomez became ill and developed a fever. When her symptoms progressed, she was taken to the hospital where her temperature measured 105.6 degrees F, her eyes became glassy, and she was unable to respond to simple questions. Tests later confirmed she had been infected with the same strain of Listeria linked to an ongoing outbreak that has been traced to defendant Jensen Farms’ Rocky Ford cantaloupe. Mrs. Gomez was released from the hospital on August 24 and continues to recover at her home

Colorado – The family of a man hospitalized after consuming contaminated cantaloupe filed a Listeria lawsuit against Rocky Ford cantaloupe producer Jensen Farms today in Arapahoe County District Court. This is the second Listeria lawsuit filed in Colorado by Marler Clark, the nation’s leading law firm representing victims of foodborne illness. A third has also been filed in Texas. According to complaint, Herbert Stevens and his wife purchased Jensen Farms-grown Rocky Ford cantaloupe from a Littleton grocery store in early August. On August 24, 84-year-old Mr. Stevens fell ill with symptoms of listeriosis and became incapacitated. He was taken by ambulance to the hospital, where he tested positive for the same strain of Listeria that is involved in the cantaloupe Listeria outbreak. Mr. Stevens remained hospitalized until several days ago, when he was transferred to a long-term care facility. It is not clear if he will be able to return home.

Colorado – Charles Palmer consumed the Listeria-contaminated cantaloupe in mid-August. He had purchased one whole cantaloupe at the Wal-Mart store located on Razorback Road in Colorado Springs several days before. He fell ill with listerious illness caused by Listeria infection, including headache and fatigue, on August 30. The next morning, Mr. Palmer’s wife found him unresponsive and immediately rushed her husband to the hospital, where he has remained ever since. He has tested positive for Listeria monocytogenes, the strain of Listeria involved in the cantaloupe outbreak. He remains hospitalized.

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