In recent days, reports of outbreaks of the bacteria called Listeria monocytogenes have been emerging in several locations in the United States, after dozens of people consumed sliced meats at deli counters. In the meanwhile, people is starting to wonder if this is the origin for a class action lawsuit.
According to the CDC, of the 28 people confirmed as infected by the outbreak (between May 29 and July 5), all hospitalized in due course, one person became ill during pregnancy and remained pregnant after recovering. At least two have lost their lives, 1 in Illinois and one in New Jersey.
As of July 19, 2024, the U.S. Centers for Disease Control (CDC) reported at least 28 people infected with the outbreak strain of Listeria, in at least 12 states, according to the following map published by the agency:
Listeria Outbreak — Where Did It All Began?
The largest confirmed outbreaks were in New York State, with seven cases, and Maryland, with six, apart from the previously mentioned fatal cases.
CDC investigators are still gathering information about which products are contaminated and in which cities or states such products would be present. It is still clear exactly where the outbreak started and how many people would have eaten the cold cuts contaminated with listeria.
What Is Listeria and Where Does It Come From
Listeria, also known as listeriosis, is an infection caused by the bacterium Listeria monocytogenes. This bacterium can be found in various environments, including soil, water and some plants or, as it is in this case, in meats that have not been handled with the correct bromatological care.
Listeria can contaminate foods, especially those that are not cooked before consumption, such as unpasteurized dairy products, raw fruits and vegetables, deli meats, and ready-to-eat products.
The Listeria presents symptoms that can vary between fever, muscle aches, nausea, diarrhea, headache, stiff neck, confusion and disorientation, loss of balance, and even seizures. Pregnant women and their newborns, as well as people over the age of 65, and those with weakened immune systems (such as those with cancer, diabetes, HIV/AIDS or who are taking immunosuppressive medications) are especially vulnerable to listeria.
What to Do in Case of Infection?
If you suspect that you have contracted listeriosis, it is important to act quickly. Here we explain the steps to follow:
- Immediate medical consultation: If you have symptoms of listeriosis and belong to one of the risk groups, seek medical attention immediately. Early diagnosis and treatment can prevent serious complications.
- Diagnostic tests: The doctor may order blood tests or other tests to confirm the presence of Listeria monocytogenes bacteria.
- Treatment with antibiotics: Listeriosis is treated with antibiotics. The duration and type of treatment will depend on the severity of the infection and the general health of the patient. Pregnant women, for example, may need different treatment to protect the fetus.
- Repose and rest: After medical treatment, you should keep prolonged and strict rest and stay well hydrated by also following a balanced diet with emphasis on helping to strengthen the immune system.
Could the Listeria Outbreak Become a Class Action Lawsuit?
In cases where dozens of people have become infected with listeriosis after consuming cold cuts contaminated with the bacterium Listeria monocytogenes, the situation could effectively give rise to a class action lawsuit, in case of proving malice or responsibility of some company, or people.
This type of lawsuit allows a group of people affected by the same cause to file a joint legal action against a responsible company or entity. For the class action lawsuit to be set up, there must be a significant number of people affected and show that they have suffered the same type of damage, in this case listeria infection through consumption of the same contaminated cold cuts.
To approve liability, it must be demonstrated that the company or entity responsible for the contamination acted negligently or did not comply with state or federal food safety standards.
For the plaintiffs of a potential class action lawsuit to be successful, they must gather a quantity of evidence that proves that the contaminated cold cuts were indeed the source of the infection, with laboratory tests and product traceability, among other procedures.
They will also have to prove that the responsible company did not take appropriate measures to prevent infection, such as failures in quality control, improper hygiene practices or lack of strict supervision.
They must form themselves into a group and select a legal representative or lawyer to lead the lawsuit, which must be presented before a relevant court where it is argued why it should be treated as a class action.
The court must certify that the class of plaintiffs meets the legal requirements for a class action. In many cases, class actions are settled through out-of-court settlements. However, if a settlement is not reached, the case may go to trial.
