Contaminated cantaloupes allegedly responsible for brain injury
On behalf of Weisman, Kennedy & Berris Co., L.P.A. posted in Products Liability on Wednesday, August 14, 2013.
When it comes to the food we eat, Ohio consumers can never be too careful. Because the food in most grocery stores goes through several processes before it reaches our kitchens, it can carry harmful substances. Fortunately, state and federal government agencies regulate food to protect consumers from dangerous products.
Almost two years ago, nearly 150 people became ill after consuming cantaloupes, and grocery stores across the country recalled the cantaloupes that had been grown at Jensen Farms and distributed by Frontera Produce. For one 53-year-old man, the tainted cantaloupes will have lasting effects on his brain. After consuming a cantaloupe he had purchased at Walmart, the man developed listeriosis, which caused severe brain lesions. His brain capacity has diminished significantly, and the damage is likely permanent.
Following the recall, the cantaloupes were traced back to Jensen Farms, where conditions did not meet health standards set by the U.S. Food and Drug Administration. It is unknown whether any other people who consumed the fruit suffered brain injuries as well.
The man has filed a lawsuit against Jensen Farms, Frontera, and Walmart. Although his symptoms did not appear until about a month after eating the allegedly contaminated fruit, if the man’s attorney can prove that his suffering is a direct result of the listeria found on the cantaloupe, the judge will likely rule in his favor.
It is likely that this case will prompt some consumers to be more vigilant about washing their produce before they eat it. People who think they have experienced illness as a result of consuming a food product may want to talk to an attorney about their case. They may be entitled to compensation to cover medical expenses and other costs.
Source: Santa Fe New Mexican, “Lawsuit says tainted cantaloupe caused man’s brain injury,” Tom Sharpe, Aug. 1, 2013