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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

First Listeria Cantaloupe Lawsuit to be filed in the Morning

Screen Shot 2011-09-14 at 9.45.06 PM.pngOn August 17, 2011, Charles and Tammy Palmer purchased a cantaloupe at the Wal-Mart store located on Razorback Road, Colorado Springs, Colorado. Over the next several days, Charles ate the cantaloupe, which came from Jensen Farms, Inc.

Mr. Palmer fell ill on August 30, 2011. His condition quickly worsened, and by the morning of August 31, 2011, he became non-responsive. He was transported by ambulance to the hospital, where he remains as of today. Mr. Palmer has tested positive for Listeria monocytogenes.

Also of today, the number of confirmed cases in the Listeria monocytogenes outbreak caused by contaminated cantaloupes is at least 15 people from four states, including Colorado, Nebraska, Oklahoma, and Texas, including one Colorado death. New Mexico has reported at least 9 Listeria illnesses with three deaths in state residents recently, but has not yet confirmed that they are part of the broader cantaloupe outbreak.

The Complaint will be filing in Colorado.