COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.

Learn more x
Free Consultations | Tap To Call Today: 1.888.625.6265

Speak to a Lawyer 24hrs a Day

1.888.625.6265

Free Consultation, Call Now!

Sabra Hummus Recalls Again: Could You Sue for Listeria?

Schedule Free Case Review

Tuesday, January 24, 2017

Sabra Hummus Recalls Again: Could You Sue for Listeria?

Chicago Attorney Discusses Tainted Product Lawsuits

In November, Sabra Hummus released a statement that they would recall a majority of their products due to possible listeria contamination. This forced grocery stores around the country to remove the items from their shelves, forced customers to discard their products, and it raised questions about liability if someone were to contract Listeriosis.

What is Listeriosis?

If food or water is contaminated with listeria, it can lead to a deadly bacterial infection known as Listeriosis. This is a highly dangerous condition, especially for pregnant women, infants, adults over the age of 60, and those with a weak immune system. Per the Centers for Disease Control and Prevention (CDC), approximately 1,600 people become ill with Listeriosis each year.

Listeria comes from a group of seven bacteria, but only three in that category lead to disease. The listeria monocytogenes is the type of bacteria that typically causes Listeriosis in humans. It is found in nature, especially in vegetation, water, soil, and gastrointestinal tracts of livestock.

A person typically contracts Listeriosis from contaminated foods that are not cooked. These can include unprocessed deli meats, unpasteurized cheese and milk products, raw vegetables, soft cheeses, uncooked hotdogs, and soil that has been contaminated. Listeria can even survive in the freezer.

Symptoms of Listeria

If people eat a contaminated prepared food, they could have symptoms of Listeriosis within a few days and up to two months. Because it can take so long for symptoms to manifest, those who contract Listeriosis do not typically know what food caused it.

Symptoms of Listeriosis include:

  • Vomiting
  • Nausea
  • Diarrhea
  • Fever
  • Muscles aches
  • Headache
  • Stiff muscles or muscle spasms
  • Convulsions

For most who have contracted listeria, they will not know. Plenty of individuals will suffer from mild symptoms, such as vomiting, nausea, or diarrhea. They may not have a fever, and because the symptoms show up so long after the food is ingested, most will not know that it was food poisoning.

The symptoms of Listeriosis are also easily confused with the symptoms of the stomach flu and other conditions. Physicians may diagnose a person with the stomach flu instead of Listeriosis. Therefore, the rates of Listeriosis in the country are most likely underreported, and those who suffer serious illnesses may never be able to take legal action against the company that infected them, because they are unaware that they have a foodborne illness.

Could You Sue for a Listeriosis Infection?

If food that contained listeria infects you, and you know which product made you sick, you do have a potential claim against that manufacturer. You must first speak with a product liability attorney in Chicago to determine the validity of your claim.

Manufacturers of consumer food products are required to ensure that they are safe for consumption; therefore, anyone who becomes ill due to contamination has a potential product liability claim against that manufacturer.

Filing a Listeria Wrongful Death Lawsuit

Newborns, pregnant women, and those with a weakened immune system are especially vulnerable to the illness. Because it can attack the central nervous system, one could suffer from extreme symptoms; when the body is not strong enough to fight the illness, fatal complications could result.

There are deaths associated with Listeriosis outbreaks. Some outbreaks in the past that led to fatalities include:

  • Dole Salad Outbreak – Sickened 12 individuals and killed one.
  • Soft Cheese Outbreak – Sickened people in nine different states and killed one.
  • Blue Bell Ice Cream Outbreak – Sickened people across multiple states and killed three.

These wrongful deaths are preventable, even though the company failed to take precaution and prevent a foodborne illness from contaminating their food products. The family that has lost a loved one to food poisoning has the right to sue for that wrongful death.

Listeria can lead to a deadly disease known as meningitis, which is a deadly infection of the brain’s lining. Even with treatment, the outlook for such a disease is grim. Listeriosis is fatal in approximately 25 percent of cases, and with proper sanitization and testing, these deaths are preventable.

A wrongful death suit could be filed against a food manufacturer, grocery store, food distributor, restaurant, retailer, school, hotel, or caterer.

Contracting Listeria Meningitis

A known complication from Listeriosis is the issue of listeria meningitis. While not always fatal, those who contract this illness can still receive compensation. The costs to treat, and the pain and suffering the patient must endure, is compensable.

The reason Listeriosis causes meningitis is because the bacteria pathogens are extremely small. This allows them to penetrate the blood-brain barrier and lead to an infection within the meninges, which are the membranes that surround the spinal cord and brain.

Listeria meningitis presents differently than traditional meningitis, which is why it is often misdiagnosed at first. The bacteria with listeria meningitis attacks the cerebral cortex, which creates additional complications. That is why listeria meningitis is often fatal.

There are known complications of listeria meningitis, which include:

  • Brain stem damage
  • Brain abscesses
  • Hydrocephalus
  • Seizures
  • Consciousness issues and impairments
  • Spinal cord injury

Suing for a Miscarriage After Contracting Listeriosis

It is not uncommon for a pregnant woman to suffer from a miscarriage after contracting Listeriosis. This is because this bacterium attacks the fetus and placenta. Even if the baby survives, the baby will be born with a severe illness, which often leads to death.

Pregnant women are more at risk not because of their compromised immunity, but because of how the bacteria attacks their body. The CDC reports that pregnant women are 20 times more likely to contract Listeriosis after eating contaminated food than a healthy adult.

When listeria enters the placenta, which is protected from the body’s immune system, it then pours out rapidly amongst the woman’s other organs. The illnesses they cause often affect the fetus and cause miscarriage or stillbirth. The miscarriage is the body’s way of dispelling the illness.

A pregnant woman who loses a baby due to a Listeriosis infection could file a lawsuit for her medical costs, loss of the pregnancy, pain, suffering, and emotional trauma. She must first identify the food source that sickened her, but then she may have a suit against the restaurant, grocery store, distributor, or multiple parties liable for the contamination.

Five Reasons to Consult an Attorney Now Rather than Later

While you are recovering from your illness, or if you are helping a loved one cope with the loss of a pregnancy, the last thing on your mind is to consult with a personal injury attorney. However, it is in your best interest to start the process early.

There are five critical reasons to speak with an attorney as soon as possible, including:

  1. Gain early access to corporate records. When a lawsuit is filed, your attorney can gain access to all public health records and corporate records from the company suspected for contamination. That helps gather necessary evidence to win the claim.
  2. Early access to insurance funding. Once an outbreak is identified, a company will turn to their insurer to set aside funds for the lawsuit. This funding comes from their liability coverage, but there is limited funding. Therefore, those who file their suit early will have access to these funds before a company potentially goes bankrupt.
  3. Lawsuits send messages to the food industry about safety over profit. Companies that cause foodborne illness outbreaks are not charged in criminal courts. To send a message to them that food safety matters more than profits, you must file a civil lawsuit. A lawsuit sends a clear message that the company responsible must reorganize priorities and focus on the health and safety of the product more than earning revenue.
  4. You could be the voice for others. Others may not be aware of a foodborne illness contaminating their food. By filing a lawsuit early, you are advocating for others as well as yourself. You will bring awareness to the public about the potential illness out there, you will likely be interviewed by media outlets, and you could become the voice for those who did not know there were options out there for them.
  5. A lawsuit through an attorney leads to faster settlements. Your medical costs could be compounding. You may have missed countless hours at work. Your family is suffering, and you need compensation. When you file a personal injury lawsuit through an attorney, you are more likely to settle and receive your compensation faster than filing a grievance with the company or waiting on the insurance company to act.

Bottom line: The sooner you act, the sooner you could see results and make a difference.

Contact Malman Law to Explore Your Options

If you contracted Listeriosis or another foodborne illness related to contaminated food products, you may have a claim against the manufacturer or retailer that sold you the product. Contact Malman Law today to explore your options toll-free or request more information online. We are available 24 hours per day, seven days per week, and you do not pay for our services unless we win your case.

Related Posts

Why People Choose Malman Law

You’ll want your lawyers to be this good.
You’ll want our experience on your side.
  • Icon

    Credibility & Experience

    25,000+ Cases over 25 Years
  • Icon

    Track Record of Success

    25,000+ Cases over 25 Years
  • Icon

    Team of Litigation Lawyers

    25,000+ Cases over 25 Years
  • img

    They area very helpful and when it come to getting things done with your case I had the pleasureof working with Jason Kellerman he was awesome I highly recommend them.

    - Britany Weaver

  • img

    I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!

    - Cheryl Wagemann

  • img

    I’ve been knowing about this Law firm for many years through friends, referrals & advertisements , never I thought I would need their services , because I believed things & situations don’t happen to me like this , long story short I was in situation that I needed help & advice!!! The right direction , I connected with the Firm & a very patient , understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care !

    - Elvira G.

  • img

    I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.

    would do everything they could for me.

    - Tony S.

  • img

    I contacted Malman Law go my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks everyone!

    - Devin Jones

  • img

    Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!

    - Annie Ong

  • img

    Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If your interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!

    - Eugenia Cathery

  • img

    They are so efficient and professional.Always available to help.Attoney Boyer was great and very good with my case.I really appreciate mailman law firm. I gave them 5 star because there is nothing higher.

    - Omolewa Snyder

  • img

    I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.

    - Trevor Harris

  • img

    Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.

    - Ernest Pitts

  • img

    Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.

    - Ariel Fleming

  • img

    I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!

    - Carmen Rivera

  • img

    Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!

    - Greg Gustafson

  • img

    Excellent customer service and great experience. Malman law handled the whole process and it was very smooth. The settlement was a great success. I would choose malman law again in the future.

    - Malak St.Clair

  • img

    Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.

    - Devri Lott

  • img

    I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.

    - Adrian Lopez

  • img

    A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.

    - Vanessa Leon

  • img

    Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.

    - Nyah Vuljanic

  • img

    This law firm is the best they got me paid and meymen law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position they are awesome sincerely. Jeff walker

    - Jeff Walker

  • img

    Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.

    - Steve Acosta

  • img

    Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.

    - Adrianna Gomez

  • img

    Dan Petrich was the best man for my case of falling through my porch of a apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars

    - Jose Cruz

  • img

    Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!

    - Meagan Cruz

  • img
    Malman Law goes above and beyond handling your legal injury case needs. From the first appointment through to the ending verdict my sister and brother in law were very happy with their case results. Highly recommended!

    - Eddie Villarreal

  • img

    I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!

    - Madissen Miller

  • img

    Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!

    - Christina Ocon

  • img

    Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!

    - Adriana Martinez

  • img

    So glad I contacted malman law regarding my accident. Professional and caring. Thank you Mr Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!

    - Virgil Sanner

  • img

    I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!

    - Jazlyn Caraballo

  • img

    My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.

    - Ashley Jenkins

View more testimonials
img

What’s your case worth? Submit for a free case review

ALL FIELDS REQUIRED

2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet

NOAH TAFFELPersonal Injury Victim