Listeria Infection Lawsuit [November 2024 Update]

Recent Listeria Outbreaks and Food Recalls

The landscape of food safety and recalls in the U.S. continues to grow more complex as large-scale Listeria outbreaks highlight vulnerabilities in the food supply chain.

Listeria, a dangerous foodborne bacteria, has prompted some of the largest recalls in recent history, with cases impacting a variety of consumer products.

The severity of Listeria infections—often causing severe illness and even death—underscores the need for rigorous safety practices within the food industry.

Recalls are a critical response, yet they raise questions about the initial prevention methods and oversight processes that should protect consumers.

These incidents not only affect those who consume contaminated products but also impact public trust in the food industry’s commitment to safety.

Holding companies accountable through recalls and lawsuits emphasizes the responsibility they carry in ensuring safe production standards.

As recent outbreaks demonstrate, consumers need reliable safety measures to avoid preventable illnesses stemming from contaminated foods.

Below are some recent Listeria recalls, each linked to reports of contaminated products:

• Boar’s Head Deli Meats Recall: Over 7 million pounds of deli meats and meat spreads were recalled in July 2024 due to Listeria contamination, resulting in multiple hospitalizations and fatalities. TorHoerman Law is actively investigating the Boar’s Head Lawsuit.
• BrucePac Ready-to-Eat Foods Recall: Nearly 12 million pounds of ready-to-eat meat and poultry products recalled in October 2024, affecting salads, wraps, and other prepared items.
• TreeHouse Foods Frozen Waffles Recall: Multiple brands of frozen waffles recalled in October 2024 due to potential Listeria contamination.
• Costco Smoked Salmon Recall: Smoked salmon products recalled in October 2024, linked to Listeria contamination concerns, with customers advised to return affected products.
• Savencia Cheese USA Soft-Ripened Cheese Recall: Savencia Cheese USA issued a voluntary recall in November 2024 of specific soft cheeses due to potential Listeria contamination.
• Enoki King Mushroom Recall: Recall issued in October 2024 for mushrooms over potential Listeria contamination, alerting consumers to check products for recall details.
• Jack’s and Green Sprouts Alfalfa and Alfalfa Onion Sprouts Recall: Recalled in October 2024 due to possible Listeria contamination, affecting lightly cooked sprouts nationwide.
• Youngstown Grape Distributors Inc. Recall: Recalled in October 2024 Happy Moose Juice and Tropical Roots products due to health risks associated with Listeria.
• Fresh Express Caesar Salad Bowls Recall: Fresh Express recalled limited quantities of its Gourmet Café Chicken Caesar Salad Bowls in October 2024 due to Listeria contamination concerns.
• Rizo Lopez Foods Dairy Products Recall: In February 2024, Rizo Lopez Foods, Inc. recalled all sell-by dates of its dairy products, including queso fresco and cotija cheeses, due to potential Listeria monocytogenes contamination. This recall was linked to a multi-year, multistate outbreak resulting in 26 illnesses, 23 hospitalizations, and 2 deaths.

How Do Listeria Outbreaks Happen?

Listeria outbreaks, though preventable, continue to happen due to complex vulnerabilities in the food production and distribution chain.

In the United States, food safety regulations are designed to protect public health by setting strict standards for food handling, processing, and distribution.

The Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) enforce these regulations, requiring companies to maintain sanitation practices, regular inspections, and control measures to detect and eliminate harmful bacteria.

However, even with these measures in place, lapses in compliance, oversight, and facility maintenance have allowed Listeria outbreaks to occur.

While the FDA and USDA mandate specific protocols to prevent contamination, the ultimate responsibility for food safety lies with the companies that produce and distribute food products.

They are required to comply with regulations that include regular cleaning and sanitizing of equipment, employee training on handling practices, and comprehensive testing for pathogens.

Unfortunately, some companies either fail to meet these standards consistently or lack effective monitoring systems, leading to contamination risks.

The complexity of the food supply chain, which often involves multiple suppliers, processors, and distributors, can make it challenging to trace and control contamination sources.

Ways in Which Listeria Outbreaks Occur Include:

• Inadequate Sanitation of Equipment: Listeria bacteria can thrive in food processing environments if equipment or food preparation surfaces are not cleaned and sanitized properly, leading to contamination of food products that come in contact with unsanitary surfaces.
• Cross-Contamination: Contaminated raw meat, ingredients, or materials can introduce Listeria to processing areas. If facilities do not separate high-risk foods or maintain strict protocols, bacteria can easily spread to otherwise clean products.
• Improper Storage Temperatures: Listeria can survive and even grow in cold environments, unlike many other bacteria. If refrigeration units fail to maintain appropriate temperatures or are not checked regularly, Listeria can multiply, contaminating products before they reach consumers.
• Inconsistent Testing Protocols: Some companies may not adhere to rigorous testing schedules for pathogens, or they might fail to use comprehensive testing methods, allowing Listeria to go undetected in products that eventually reach store shelves.
• Poor Facility Maintenance: Listeria bacteria can survive in drains, pipes, and other difficult-to-clean areas within a facility. Regular facility maintenance and deep cleaning are necessary to eliminate these bacteria, but they can be overlooked due to cost-cutting measures or lack of oversight.
• Complex Supply Chains: The involvement of multiple suppliers and distributors in a single product’s journey increases the chances of contamination, as any one point along the supply chain can introduce Listeria into the production process.
• Use of Contaminated Water: Water used for cleaning or as an ingredient in production can be a contamination source if it isn’t regularly tested and treated, potentially spreading Listeria throughout the food processing environment.
• Failure to Respond to Initial Signs of Contamination: Some companies fail to take swift action when early signs of Listeria contamination are detected, allowing bacteria to spread further before corrective actions are implemented.

By recognizing and addressing these vulnerabilities, companies can minimize the risks of Listeria outbreaks and work toward higher standards of consumer safety.

Yet, as recent outbreaks show, significant challenges remain in ensuring that every step of the food supply chain aligns with the rigorous safety measures needed to prevent such life-threatening contamination.

For consumers, it is important to avoid high-risk foods, such as unpasteurized dairy products, deli meats, and certain ready-to-eat food items, especially if you are in a vulnerable group such as pregnant women, older adults, or those with a weakened immune system, as these foods are more prone to Listeria contamination and can lead to severe health complications.

Governmental Actions Taken for Listeria Outbreaks

Certain governmental policies and regulatory practices have contributed to the visibility and frequency of Listeria recalls, particularly through stricter testing and reporting requirements.

These include:

• Food Safety Modernization Act (FSMA): Passed in 2011, the FSMA granted the FDA more authority to enforce preventive measures rather than reactive ones. Under FSMA, food companies are required to implement hazard analysis and preventive controls, which include pathogen testing and documentation, leading to more frequent detection and recalls for contaminants like Listeria.
• Zero Tolerance Policy for Listeria in Ready-to-Eat Foods: The FDA has a strict zero-tolerance policy for Listeria monocytogenes in ready-to-eat foods, meaning even low levels can trigger recalls. This policy is aimed at protecting vulnerable populations but leads to recalls whenever Listeria is detected, even if contamination is minimal.
• Public Health and Consumer Reporting Programs: Programs like the FDA’s Foodborne Outbreak Response and Improvement Program (FORI) and public databases like the USDA’s Food Safety and Inspection Service (FSIS) encourage reporting and transparency. These programs allow faster identification of outbreaks and quicker recalls, bringing attention to Listeria issues that might have previously gone unnoticed.
• Collaborative Surveillance Systems: Government initiatives such as PulseNet, a CDC-led network for foodborne disease surveillance, have improved outbreak tracking and source identification. These systems match contamination strains across cases and trace them back to common food sources, enabling the detection of Listeria outbreaks and recalls.
• Mandatory Recall Authority: FSMA gives the FDA the authority to mandate recalls when companies don’t voluntarily comply, which was previously challenging. This power has strengthened food safety enforcement, resulting in faster recalls in cases where contamination is found.
• Expanded International Import Regulations: As more foods are imported, the FDA has increased inspections of imported foods for compliance with U.S. safety standards, resulting in recalls when foreign manufacturers’ products test positive for Listeria.

Recent Lapses in Government Oversight for Listeria Outbreaks

Recent reports highlight concerning lapses in government oversight that may have contributed to several deadly Listeria outbreaks.

The U.S. Department of Agriculture (USDA), responsible for overseeing meat and poultry safety, has faced scrutiny for insufficient testing protocols and delayed responses to contamination risks.

In a recent investigation, it was revealed that the USDA failed to implement effective Listeria testing on certain high-risk food items, which included popular deli meats and hot dogs, both of which are common sources of Listeria contamination.

The USDA’s testing protocols have come under fire for not being stringent or frequent enough to detect Listeria early in the production chain.

For instance, while the USDA has conducted periodic testing, reports indicate that routine inspections often miss critical contamination points, particularly in processing facilities where Listeria can thrive.

This oversight gap has allowed contaminated products to reach consumers, resulting in severe illnesses and deaths that might have been preventable with more rigorous testing practices.

Additionally, there have been delays in recalling contaminated products, leaving consumers exposed to harmful bacteria for extended periods.

These lapses reveal a need for stronger regulatory policies and enhanced testing frequency, especially for foods prone to Listeria growth.

Consumer advocates are calling for the USDA to adopt more comprehensive measures, including better inspection protocols and quicker response times to potential contamination events.

Listeria Infection: Symptoms, Health Effects, Complications, & More

Listeria infection, or listeriosis, is a serious foodborne illness and life threatening infection caused by the bacterium Listeria monocytogenes, commonly found in contaminated foods such as deli meats, unpasteurized dairy, and ready-to-eat food products.

Unlike many other bacteria, Listeria can survive and even grow at refrigerator temperatures, making it particularly hazardous in chilled foods.

When consumed, the bacteria can cause symptoms like fever, muscle aches, nausea, and in severe cases, neurological complications such as meningitis.

Due to its potential for life-threatening complications, Listeria contamination is taken very seriously, leading to rigorous safety standards and recalls to protect public health.

Symptoms of Listeriosis

Symptoms of listeriosis can vary widely, ranging from mild symptoms and other flu-like symptoms to severe complications that require urgent medical attention.

While some people experience only mild discomfort, the infection can quickly escalate, particularly in vulnerable groups.

Early symptoms often mimic common illnesses, making it challenging to detect without testing.

However, as the infection progresses, it can lead to life-threatening conditions, especially if the bacteria spread to the nervous system.

Here are the primary symptoms of listeriosis:

• Fever and chills
• Muscle aches and joint pain
• Nausea and vomiting
• Diarrhea or gastrointestinal discomfort
• Headache
• Stiff neck
• Confusion or changes in alertness
• Loss of balance
• Convulsions or seizures (in severe cases)
• Flu-like symptoms in pregnant women, which can lead to complications for the fetus

Health Effects and Complications of Listeria Infection

Listeria infection, especially when untreated, can lead to a range of serious health effects that extend beyond initial symptoms.

For many, the infection can progress from mild discomfort to life-threatening complications, particularly when it spreads beyond the digestive system.

In severe cases, listeriosis can invade the bloodstream or nervous system, leading to conditions that require immediate medical intervention.

Vulnerable groups, including pregnant women, newborns, older adults, and individuals with weakened immune systems, are at a heightened risk for severe health consequences.

Below are some of the serious health effects that may result from a Listeria infection:

• Septicemia (Blood Infection): Listeria can enter the bloodstream, causing widespread infection that affects multiple organs and can be life-threatening.
• Meningitis: When Listeria spreads to the central nervous system, it can cause inflammation of the membranes surrounding the brain and spinal cord, leading to meningitis.
• Miscarriage or Stillbirth: In pregnant women, Listeria infection can cross the placenta, resulting in miscarriage, stillbirth, or severe health issues for the newborn.
• Premature Birth: Listeriosis during pregnancy increases the risk of premature delivery, which can impact the newborn’s health and development.
• Encephalitis: This inflammation of the brain, caused by Listeria in severe cases, can lead to confusion, seizures, and other neurological issues.
• Endocarditis: The bacteria can infect the inner lining of the heart, leading to endocarditis, a serious condition that can impair heart function.
• Chronic Neurological Complications: Survivors of severe listeriosis may experience lasting neurological effects, such as difficulty with coordination, balance, or memory.

These health effects highlight the need for prompt diagnosis and treatment, as early intervention can prevent Listeria infection from escalating into more dangerous conditions.

Who is Most at Risk of Serious Complications of Listeria Infections?

Listeriosis poses significant risks to vulnerable groups, including pregnant women, newborns, the elderly, and individuals with weakened immune systems, where it can lead to severe illness or even death.

In pregnant women, the infection can result in miscarriage, stillbirth, or serious health problems for the unborn babies.

People at the highest risk of complications from listeria infection include:

• People with weakened immune systems: Individuals with compromised immunity, such as those with autoimmune diseases or on immunosuppressive drugs, are more vulnerable to severe infections from Listeria.
• Pregnant women: Pregnant people are at high risk as Listeria can cross the placenta, potentially leading to miscarriage, stillbirth, or significant health issues for the baby.
• Newborns: Babies born to infected mothers are highly susceptible to Listeria, often experiencing infections that can impact their development and long-term health.
• Older Adults: With age, the immune system becomes less robust, making the elderly more susceptible to severe symptoms and complications from Listeria infection.
• Individuals with Chronic Conditions: People managing chronic health conditions like diabetes, liver disease, and kidney disease are more likely to suffer severe consequences if infected.
• Cancer Patients: Cancer patients, especially those in chemotherapy, have weakened immune defenses, which increases their risk of serious infection.
• Organ Transplant Recipients: Due to the immunosuppressive medications required after a transplant, recipients are particularly vulnerable to invasive Listeria infections.
• Individuals with HIV/AIDS: With compromised immune function, people with HIV/AIDS are at high risk for severe and possibly recurrent Listeria infections.

These groups face an elevated risk of severe complications, making preventive measures and careful food choices crucial for protecting their health.

Healthy adults are generally less likely to experience severe complications from Listeria infection, but they may still develop symptoms like fever, muscle aches, and gastrointestinal discomfort if exposed to contaminated foods.

Listeria Infection Lawsuit: Do You Qualify?

Listeria infection can have severe and lasting impacts on a person’s health, leading to debilitating symptoms, prolonged hospitalizations, and in some cases, life-threatening complications like septicemia or meningitis.

For many affected individuals, especially those in high-risk groups, the infection results in a traumatic disruption to their lives, as they face not only immediate illness but also potential long-term health challenges.

Consumers who unknowingly purchase and consume contaminated foods become unintentional victims, exposed to serious health risks through no fault of their own, highlighting the responsibility of food producers to ensure safety and prevent preventable harm.

If you or a loved one suffered serious illness, hospitalization, or long-term health complications after unknowingly consuming a contaminated product linked to a Listeria outbreak, you may be eligible to file a Listeria Infection Lawsuit.

Contact our law firm for a free consultation.

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TorHoerman Law: Investigating Listeria Infection Cases Linked to Recalled Foods

TorHoerman Law is actively investigating cases of Listeria infection linked to recent food recalls, aiming to support individuals affected by this serious health risk.

With numerous recalls issued across the country due to contamination in ready-to-eat and refrigerated foods, the dangers posed by Listeria are increasingly evident.

Our team is dedicated to holding negligent food manufacturers accountable for lapses in safety standards that result in consumer harm.

Victims of Listeria infections face severe health challenges, from debilitating symptoms to life-threatening complications, often with long-term effects.

If you or a loved one has suffered from a Listeria infection after consuming a recalled food product, TorHoerman Law is here to help you explore your legal options and pursue compensation for your suffering and medical expenses.

Reach out to us today.