Header graphic for print
Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Listeria Cantaloupe Wrongful Death Lawsuit filed in New Mexico against Jensen Farms, Frontera and Auditors Primus Labs and Bio Food Safety

Screen Shot 2011-11-23 at 3.09.11 PM.pngBefore her Listeriosis illness, the decedent, Florence Wilcox, was a 96-year-old resident of Hobbs, Lea County, New Mexico. Ms. Wilcox lived independently and remained very active. In fact, she was named 2011 “Patron of the Year” at the local public library. Ms. Wilcox frequently purchased and ate cantaloupes. On at least one occasion in the weeks before the onset of her Listeriosis illness, Ms. Wilcox purchased and consumed a cantaloupe that had been manufactured, distributed, and sold by Defendants Jensen Farms and Frontera. Onset of symptoms related to Ms. Wilcox’s Listeriosis illness occurred on or about September 8 with fever and chills, bloody stools, weakness, and general malaise. A neighbor drove Ms. Wilcox to Lea Regional Medical Center, where she remained for approximately 1 day. While at Lea Regional Medical Center, Ms. Wilcox gave a blood sample that would ultimately test positive for one of the strains of Listeria implicated in the cantaloupe Listeria outbreak, described previously. Ms. Wilcox’s condition continued to deteriorate while she was hospitalized at Lea Regional, and her physicians ultimately decided that she should be transferred, by helicopter life-flight service, to Covenant Medical Center in Lubbock, Texas. At Covenant Medical Center, Ms. Wilcox was first treated in the regular hospital, but soon was admitted into the intensive care unit. She developed extremely high fevers, her speech became fragmented, and she exhibited obvious pain and discomfort. Ms. Wilcox endured many diagnostic procedures throughout her hospitalization at Covenant Medical Center. Ultimately, the results of a spinal tap showed that she had developed meningitis. Ms. Wilcox died on September 15, 2011.  (Download Complaint PDF)

  • H.C.

    While the deaths are a tragedy, the food supply chain in America is a marvel of science, technology & efficiency. Most people consider lawyers like Bob Marler to be ambulance chasers. They are blood-suckers. No amount of lawsuits can eliminate natural occurrences of illness in a fluid, biological system that is our modern food supply chain. There are too many moving parts, too many exposures. Damned lawyers! Lawyers need to be reformed and restrained in order to restore balance to our country and government. Blood suckers!

  • http://www.marlerclark.com/wmarler.htm Bill Marler

    That would be Bill, not Bob, blood sucker.

  • JavaGuy

    H.C. -Perhaps you should ask Santa to bring you a download or copy of the book, “Poisoned” for your Holiday reading enjoyment. If you read this book and still stand by your comments, let us know.
    Regards!

  • http://www.marlerclark.com/wmarler.htm Bill Marler

    Great idea – H.C., send me your address and I’ll send you a book.

  • listeria victim family

    H.C. My family just spent Thanksgiving with an empty chair at the table due to gross negligence of Jensen Farms and Frontera Produce. Losing a family member is always difficult, but sitting at the bedside of a victim of listeria is a particularly painful experience. After a sudden and gruesome death we were left scratching our heads wondering what happened. Two weeks later we were notified about the listeria outbreak; too little, too late. Bill Marler is not an “ambulance chaser”. Someone needs to take the side of the victim and their family. Someone needs to be held accountable and if it takes a lawsuit. . .