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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

[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

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