The lawsuit was filed in US District Court in Maryland on behalf of the family of a Maryland man who died after eating Jensen Farms cantaloupe.
According to the complaint, Clarence Wells consumed cantaloupe on multiple occasions before becoming ill with symptoms of Listeria infection, including fluid retention, on August 23. By August 25, Wells had gained 9lbs and had begun having difficulty breathing.
He was taken to the emergency room, and was admitted to John’s Hopkins Medical Centre later that day. On the morning of August 31, Wells’ condition deteriorated and his family was called to the hospital, where they found him unconscious. Mr Wells died the evening of August 31.
Listeria attorney, William Marler, said: “The Wells family story is tragically all too common in this outbreak. It is very hard to fathom that just by eating cantaloupe, people all across this nation never got to say a proper goodbye to the ones they loved.”
Marler Clark also represents victims of the outbreak who became ill with Listeria infections and are still hospitalised or have recently returned home from the hospital. The firm has filed lawsuits in Colorado, Maryland, Oklahoma, and Texas (US).
Marler added: “Food manufacturers owe a duty to their customers to sell food that is free of harmful or deadly pathogens. With cantaloupe’s track record, Jensen Farms and Fronterra should have known it was a risky food and done more to protect consumers.”
Source: Marler Clark
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