---
title: "Marler Clark Files Sixth Listeria Lawsuit Against Cantaloupe Producer, Distributor"
date: 2011-10-06T17:08:00-07:00
author: admin
canonical_url: "https://marlerclark.com/news_events/listeria-lawyer-attorney-lawsuit-cantaloupe-oklahoma"
section: News
---
[All News](/news_events) / [Press Releases](https://marlerclark.com/news_events/press-releases) /

# Marler Clark Files Sixth Listeria Lawsuit Against Cantaloupe Producer, Distributor

 

 

 MUSKOGEE, OKLAHOMA – Marler Clark, the nation’s foremost law firm dedicated to representing victims of foodborne illness, filed a lawsuit today in Federal District Court in Oklahoma on behalf of an Oklahoma man hospitalized with a Listeria infection. This marks the sixth \[1\] separate lawsuit filed by Marler Clark against Colorado-based cantaloupe producer Jensen Farms. The lawsuit also names Texas-based distributor Frontera Produce as a defendant.

According to the complaint (#11-348SPS), 68-year-old Doyle Underwood of Smithville, Oklahoma consumed cantaloupe on multiple occasions in August, 2011. By September 2, he had begun to develop symptoms of a Listeria infection including fatigue, muscle aches, and mental status changes. For the next three days Mr. Underwood’s condition continued to worsen until he was hospitalized with listeriosis, the illness brought on by Listeria, on September 5. The complaint also states that Mr. Underwood, who was released from the hospital on October 3, has been informed by Oklahoma health officials that his Listeria illness occurred as part of the Jensen Farms – Frontera Produce Listeria outbreak.

“A month in the hospital is quite the price to pay for enjoying a slice of cantaloupe,” said Listeria attorney William Marler. “Mr. Underwood and many others like him have suffered dearly in this outbreak and we hope that Jensen Farms and Frontera will step up and do the right thing for their customers.”

In September, multiple state health agencies and the Centers for Disease Control and Prevention (CDC) linked a nationwide Listeria outbreak to Rocky Ford cantaloupe produced by Jensen Farms and distributed by Frontera Produce. At least 100 people in 20 states have become ill with Listeria infections after eating contaminated cantaloupe in August and September. 98% of victims have been hospitalized and 18 have died as a result of their Listeria infections.

MARLER CLARK is the nation’s leading law firm dedicated to representing victims of foodborne illness. The firm’s Listeria attorneys have unrivaled experience and have secured over $600,000,000 for their clients, including a recent $1.1 million Listeria judgment on behalf of a Texas man. This is the 6th Listiera lawsuit filed by Marler Clark in this outbreak. For more information or, if you are a member of the media and would like to view a copy of the complaint, contact Cody Moore at 1-206-407-2200 or cmoore@marlerclark.com.

\[1\] Colorado El Paso County District Court # 2011CV5007; Colorado Arapahoe County District Court # 2011CV1891; Texas Brazoria County District Court #65009; Canadian County District Court #CJ-2011-709; U.S. District Court Maryland #1:11-CV-2810

  

### Other Listeria Lawsuits

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 [Listeria Outbreak linked to Peaches - 11 Sick with 1 Death](https://marlerclark.com/listeria-outbreak-linked-to-peaches-11-sick)

 [Listeria Outbreak linked to Frugals | Marler Clark by retained three victims](https://marlerclark.com/listeria-outbreak-announced-in-washington)

 [Six States Report 16 Victims of Listeria Linked to Deli Meat and Cheeses](https://marlerclark.com/six-states-report-victims-of-listeria-outbreak-linked-to-deli-meat-and-cheeses)

 [Big Olaf Ice Cream Sickens 28 in Florida Listeria Outbreak | 27 hospitalized, with 1 death](https://marlerclark.com/investigation-of-listeria-outbreak-linked-to-florida-residents-and-tourists)

 [Dole salads likely linked to Listeria illnesses since 2014](https://marlerclark.com/dole-salads-likely-linked-to-listeria-illnesses-since-2014)

 [Listeria Outbreak linked to Fresh Express Salads](https://marlerclark.com/listeria-outbreak-linked-to-fresh-express-salads)

 

 

 

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### Lawsuits updates by year

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 [Foodborne Illness Lawsuits in 1999](https://marlerclark.com/news_events/case-news?illness=all&year=1999)

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 [Foodborne Illness Lawsuits in 2005](https://marlerclark.com/news_events/case-news?illness=all&year=2005)

 [Foodborne Illness Lawsuits in 2006](https://marlerclark.com/news_events/case-news?illness=all&year=2006)

 [Foodborne Illness Lawsuits in 2007](https://marlerclark.com/news_events/case-news?illness=all&year=2007)

 [Foodborne Illness Lawsuits in 2008](https://marlerclark.com/news_events/case-news?illness=all&year=2008)

 [Foodborne Illness Lawsuits in 2009](https://marlerclark.com/news_events/case-news?illness=all&year=2009)

 [Foodborne Illness Lawsuits in 2010](https://marlerclark.com/news_events/case-news?illness=all&year=2010)

 [Foodborne Illness Lawsuits in 2011](https://marlerclark.com/news_events/case-news?illness=all&year=2011)

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##### Get Help

   

#### Affected by an outbreak or recall?

The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

 [ Get a free consultation ](https://marlerclark.com/contact) 

##### Related Resources

   

 

######  [Listeria Food Poisoning](https://marlerclark.com/foodborne-illnesses/listeria/about-listeria) 

What is Listeria and how does it cause food poisoning? Listeria is a gram-positive, rod-shaped bacterium that is ubiquitous and can grow under either anaerobic (without oxygen) or aerobic (with...

 

######  [The Incidence of Listeria Infections](https://marlerclark.com/foodborne-illnesses/listeria/the-incidence-of-listeria-infections) 

How common are Listeria infections? Listeria bacteria are found widely in the environment in soil, including in decaying vegetation and water, and may be part of the fecal flora of...

 

######  [The Prevalence of Listeria in Food and the Environment](https://marlerclark.com/foodborne-illnesses/listeria/listeria-prevalence) 

Listeria bacteria are common in nature. Listeria monocytogenes is omnipresent in nature; it is found widely in such places as water, soil, infected animals, human and animal feces, raw and...

 

######  [Transmission of and Infection with Listeria](https://marlerclark.com/foodborne-illnesses/listeria/transmission-of-and-infection-with-listeria) 

Listeria typically spreads to people through contaminated food or water, but can also be transmitted from mother to fetus. Except for the transmission of mother to fetus, human-to-human transmission of...

 

######  [Who is Most at Risk of Becoming Ill with Listeria?](https://marlerclark.com/foodborne-illnesses/listeria/who-is-most-at-risk-for-becoming-ill-with-listeria) 

The elderly, pregnant women, and anyone immunocompromised is most at risk for contracting Listeria. Several segments of the population are at increased risk and need to be informed so that...

 

##### Outbreak Database

   

#### Looking for a comprehensive list of outbreaks?

The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

 [ View Outbreak Database

  ](https://outbreakdatabase.com)
