The Centers for Disease Control and Prevention recently announced that a listeria outbreak arising out of stone fruit—nectarines, peaches, and plums—made people in seven states sick. Up to 11 people reported they became sick due to the outbreak. Ten of those people who reported their sickness were hospitalized while one died. The United States Food and Drug Administration determined that there was a connection between the nectarines, plums, and peaches from HMC Farms that were distributed and sold in retail stores around the country between May – Nov. 15 in 2022 and 2023. If you suffered listeria and other ill effects from fruit, you should call the seasoned Chicago-based Moll Law Group about what happened. Billions have been recovered in lawsuits with which we’ve been involved.
Consult the Seasoned Moll Law Group About Your Claim
HMC Farms, responding to the FDA announcement, issued a recall for certain conventionally grown fruit. Organic fruit was not recalled. And nectarines, plums and peaches sold at retail and grocery stores were not a part of the recall. The announcement from them noted that the fruit could be contaminated with Listeria monocytogenes, an organism that can trigger severe and even fatal infections, particularly in those who are pregnant or immune-compromised. When the affected person is pregnant, listeria can lead to losing the baby, giving birth prematurely, or giving the baby a life-threatening infection.
The announcement asked customers to take a look in their freezers to see if they had any of the fruit that was affected or had frozen it for later use.
Ten kinds of stone fruit, including yellow and white nectarines, black and red plums, and yellow peaches were recalled. Some of the products were sold as individual fruit with stickers. Others were sold in two-pound bags marked with “Signature Farms” or “HMC Farms.” Illnesses were reported in Illinois, California Colorado, Michigan, Kansas, Florida and Ohio.
Symptoms of listeria start within 2 weeks of consuming contaminated food and includes confusion, stiff neck, fever, headaches and flu-like symptoms. When symptoms are serious, it is crucial to seek help from a medical provider. It may be appropriate to sue for damages if you are injured by food contaminated with listeria.
In order to recover damages, our lawyers would need to show that the defendant manufacturer or distributor created or shipped contaminated fruit or didn’t use reasonable care to stop from spreading contaminated fruit. We’d also need to show that you ate the fruit and your doctor diagnosed you with listeria based on that consumption.
Theories we could assert in connection with listeria-contaminated fruit include strict liability, negligent and breach of warranty. In most cases, strict liability cases are easiest for plaintiff’s to prove. In some cases, defendants will argue other fruit caused the problem, not theirs.
We can recover compensatory damages for both economic and noneconomic harm you suffered as a result of eating listeria-contaminated fruit.
Seasoned Lawyers for a Product Liability Lawsuit
If you or a loved one was injured due to listeria from peaches, plums or nectarines, or any other fruit, call the trustworthy Chicago product liability lawyers of Moll Law Group. We represent injured people around the country. Please complete our online form or call us at 312.462.1700.