Del Monte, a food distribution company, has recalled three batches of vegetables that were identified as a source of a listeria outbreak. The batches of vegetables contained broccoli, cauliflower, and celery and were sold in Iowa, Indiana, Minnesota, Wisconsin, and Michigan. The trays were either 6 ounces or 12 ounces. In Illinois and Indiana, the larger 28-ounce trays of vegetables were also recalled. The investigation was carried out by the FDA, who confirmed that the vegetables were tainted with the parasite responsible for listeria.
The vegetables were listed with a sell by date of June 17, and even though the recall happened on June 8th, some customers may still consume the vegetables and be affected by the parasites. At last count, 78 individuals were treated for listeria. Companies that sold the products include Kwik Trip, Kwik Star, Demond’s, Potash, Sentry, Country Market, Meehan’s, FoodMax Supermarket, and Peapod.
If you purchased any of the Del Monte vegetables at the aforementioned locations and experienced sickness as a result, contact a Los Angeles attorney with experience in listeria outbreak lawsuits.
Effects of Listeria (Cyclospora Cayetanensis)
Listeria from contaminated food can yield numerous ill side effects. The symptoms may take a week to show up, but they include nausea, diarrhea, weight loss, elimination of appetite, dehydration, bloating, vomiting, headache, fever, and more. Treatment includes antibiotics and fluids; a lack of treatment can cause the condition to last weeks or months. The flu-like symptoms can be similar to food poisoning.
Because this sickness can sideline you for so long, you may be inclined to sue Del Monte if you suffered injuries. Your damages can be reimbursed with a successful Del-Monte listeria lawsuit.
Product Liability Claim
Because the FDA ruled that the vegetables played a part in the illnesses of nearly 80 individuals (and may affect more in the future), there is potential for a claim. A product that harms users is dangerous, and the responsible company should be held accountable for the ensuing damages. Product liability claims can be filed on the basis of any of these points:
- Design Error: While being created, there was an obvious flaw that should have been discovered and fixed or prevented. This is generally present prior to distribution.
- Manufacturing Error: While being created or distributed, there must have been some kind of issue, such as a machine that made errors or the product was contaminated.
- Failure to Warn: On any product, there needs to be a warning of the dangers and hazards present.
When multiple people are harmed by a product like Del Monte’s vegetables, there is the potential to file a class action lawsuit, in which numerous plaintiffs are represented by one party to sue the defendant. If you wish to file a Del Monte listeria class action lawsuit, you should speak with a Del Monte listeria class action lawsuit attorney.
Steps to Filing a Defective Product Lawsuit
If you wish to file a product liability claim, you should make sure that you follow these steps to ensure that you have the best chance of winning your claim.
First, you should not throw away the item or return it to the manufacturer. You should hold on to the vegetables from Del Monte so you can prove that they were contaminated. If you get rid of the main piece of evidence, you will not be able to show that it was responsible for your sickness and injuries.
You should not clean the product or do anything to it that would compromise its state. If the FDA were to test your vegetables after you cleaned them and tried to make them edible and discovered that they were not contaminated, you would not be able to file a lawsuit.
Once you feel the sickness or symptoms come on, pursue medical treatment immediately. It is important that you do not have a gap in medical treatment; the longer you wait, the harder it is to show that your injuries were caused by the product. In the case of Del Monte’s vegetables and listeria, it would be easy for the insurance company to say that you clearly got sick from something else and tried to blame their product for your injuries.
You must also hold on to the receipts or any proof of purchase of the vegetables. This is crucial, because you will have to be the owner or purchaser to file a claim. If you simply found the vegetables and the package, the insurance company would likely deny your claim.
To have the best chance at winning your lawsuit, you should hire a Del-Monte Listeria injury lawyer to represent you.
Compensation from a Claim
If you choose to file a lawsuit against Del Monte, you can receive various types of compensation for your damages. If you choose to file a class action lawsuit, the compensation will be spread amongst the plaintiffs in the event of a victory. You may be covered for:
- Medical Expenses: Any of the medical bills you racked up due to emergency or urgent care, hospitalization, surgery, medication, and more can be compensated. If there are any lasting damages that must be taken care of in the future with medical procedures, those can be covered as well.
- Lost Wages: You may have missed job opportunities and days at work because of your illness. The wages can be reimbursed from Del Monte. Additionally, if you require more days off because recovery time, illness, or medical treatment, those wages can be compensated as well.
- Property Damage: If the product caused you to suffer a loss of property or damaged belongings or goods, the costs can be replenished.
- Pain and Suffering: The emotional stress that you go through after a sickness or injuries from a product and the turmoil of filing a product liability claim can be compensated. You may have your fear, anxiety, PTSD, psychological trauma, and more taken care of.
If you need a lawyer to help you file a fresh cut vegetable listeria outbreak lawsuit, contact our law firm today.
How We Help
Normandie Law Firm in Los Angeles is one of the top-rated legal groups in the area. We have handled numerous product liability lawsuits and have represented clients who became sick after eating contaminated food. You should not be expected to pay for your own damages if the food you purchased was tainted and you became seriously ill as a result. Our aggressive lawyers will pursue your fairest compensation and negotiate the best deal possible from the insurance agent. If we are not satisfied with the offer the agent makes, we will take your case to court. Our primary goal is to keep you as healthy as possible throughout your lawsuit and to see to it that you are adequately represented.
Call our law firm today to receive a free legal consultation with an expert attorney. If you have questions about your case, we will answer them, and we will tell you what we believe we can win for you. All of our legal consultations are confidential; none of your personal details will be shared with anyone and the contents of your case will be kept under wraps. If you choose us to represent you, you will also receive our zero fee guarantee, which promises that you will not have to pay any out of pocket expenses for our services. We will only get paid if we win, and we will take our fees out of the settlement we bring you in a predetermined portion. Del Monte will, in essence, cover your legal bills. If we lose your case, however, we do not get paid anything at all, and you can walk away totally off the hook. We only win if you do.
For more assistance, reach out to one of our contaminated food lawyers in Los Angeles at Normandie Law Firm.
