BALTIMORE, MD – Marler Clark, the nation’s leading law firm representing victims of foodborne illness, filed a fifth lawsuit [1] Thursday against Jensen Farms and Frontera Produce, the cantaloupe producer and distributor whose Rocky Ford melons have been identified as the source of a deadly Listeria outbreak. The lawsuit was filed in U.S. District Court in Maryland on behalf of the family of a Maryland man who died after eating Jensen Farms Cantaloupe.
According to the complaint (# 1:11-CV-2810), Clarence Wells consumed cantaloupe on multiple occasions before becoming ill with symptoms of Listeria infection, including fluid retention, on August 23, 2011. By August 25, Mr. Wells had gained 9 pounds and had begun having difficulty breathing. He was taken to the emergency room, and was admitted to John’s Hopkins Medical Center later that day. On the morning of August 31, Mr. Wells’ condition deteriorated and his family was called to the hospital, where they found him unconscious. They never spoke to him, or saw him awake, again. Mr. Wells died the evening of August 31, 2011.
“The Wells family story is tragically all too common in this outbreak,” said attorney William Marler. “It is very hard to fathom that just by eating cantaloupe, people all across this nation never got to say a proper goodbye to the ones they loved.”
Marler said his firm has been retained by the families of three other people who died after eating contaminated cantaloupe. Marler Clark also represents victims of the outbreak who became ill with Listeria infections and are still hospitalized or have recently returned home from the hospital. The firm has filed lawsuits in Colorado, Maryland, Oklahoma, and Texas.
According to the Centers for Disease Control and Prevention, at least 84 people across the country became ill with Listeria infections after eating contaminated cantaloupe in August and September. At least 15 deaths have been attributed to the consumption of Listeria-contaminated cantaloupe grown by Jensen Farms.
“Food manufacturers owe a duty to their customers to sell food that is free of harmful or deadly pathogens. With cantaloupe’s track record, Jensen Farms and Frontera should have known it was a risky food and done more to protect consumers,” Marler concluded.
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. This is the fourth 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.