Foodborne Illnesses / Listeria /

Jensen Farms Cantaloupe Listeria Outbreak - Marler Clark Litigation in Illinois

Cook County Circuit Court

Wakeley and Paciorek v. Frontera Produce, Primus Labs, CH Robinson Worldwide and Aldi

Michelle Wakley and her husband, David Paciorek, filed a lawsuit alleging that Ms. Wakeley, who was in the second trimester of pregnancy, consumed contaminated Jensen Farms cantaloupe that her father-in-law had purchased from an Aldi’s store in August, 2011 and later fell ill with listeriosis.

According to the lawsuit, Ms. Wakley developed symptoms of Listeria infection, including intense headaches, body ahces, fevers and chills around September 10, 2011. By September 21, her symptoms had become significantly worse and she was instructed to be seen at the labor and delivery department at the hospital. Soon after her arrival, Michelle began having contractions every 2-3 minutes. She gave birth to a daughter at 29 weeks gestation.

Ms. Wakeley and Mr. Paciorek’s daughter was hospitalized from the date of her birth through December 19, 2011. During that period, she suffered from many health problems that occurred because of her premature birth, in addition to a variety of developmental delays.

After her discharge from the hospital, the baby continued to show signs of developmental delay and other deficiencies. Now nearly two years old, she continues to receive physical, speech, occupational and other therapies and treatments to address many problems related to her premature birth.

Ms. Wakley’s premature labor and her daughter’s premature birth were determined to have been caused by Ms. Wakeley’s ingestion of Listeria-contaminated Jensen Farms cantaloupe.

Medical expenses related to the baby’s premature birth totaled over $340,000; future care requirements are forecast to cost between $340,000 and $6.9 million.

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