Judge Approves 24 Cantaloupe Listeria Outbreak Settlements

A Colorado state judge has approved wrongful death and personal injury settlements related to the 2011 listeria outbreak traced to contaminated cantaloupe. The listeria outbreak reportedly killed 33 people and caused more than 140 others to become sick.

The terms of the listeria outbreak settlements are confidential.

The wrongful death and personal injury lawsuits were filed by 30 families of those who died in the listeria outbreak. The defendants named in the listeria outbreak lawsuits included Jensen Farms, food inspector Primus Group Inc., distributor Frontera Produce Ltd., and a number of retailers and restaurants.

Listeria is a type of bacteria found in water and soil. Consumption of foods contaminated with listeria can lead to listeriosis, a type of food poisoning. Listeriosis is particularly dangerous when it is contracted by people with impaired immune systems, the elderly, pregnant women and newborns.

According to court documents, Arapahoe County Judge Charles Pratt dismissed 24 out of the 26 listeria outbreak lawsuits that are consolidated in multidistrict litigation (In re: Produce Litigation) due to settlements of their wrongful death and/or personal injury claims. He remanded one case to the El Paso District Court in Texas. The remaining case, which involves a minor, he dismissed so that it could be handled by a probate court.

The listeria outbreak was traced to melons from Colorado-based Jensen Farms. In 2012, a U.S. House of Representatives Panel published a report indicating the listeria outbreak may have been a result of substandard food processing practices at the farm. Federal investigators found that the cantaloupes were likely contaminated due to dirty water located on the floor of the farm’s packing house and equipment that was not adequately cleaned.

According to news reports, an inspector from Primus gave Jensen Farms a 96 percent “superior” rating just a week before the first listeria outbreak victim was detected.

In 2013, Eric and Ryan Jensen pleaded guilty to misdemeanor counts of introducing adulterated food into interstate commerce. They could have faced a maximum of six years in prison and up to $1.5 million in fines. Last year, however, the brothers were ordered to each pay $150,000 in restitution and were sentenced to five years of probation and six months of home detention.

Jensen Farms filed for bankruptcy in May 2012, less than a year after the listeria outbreak was detected.

Last spring, Wal-Mart indicated that it had reached settlements with 23 families whose loved ones had died in the 2011 listeria outbreak. The retailer said that it had removed the contaminated produce as soon as it was aware of the outbreak, but the families felt it didn’t act quickly enough. Wal-Mart subsequently sued the companies responsible for inspecting and delivering the tainted cantaloupes. These claims were also resolved with the settlement.

The plaintiffs are represented by William D. Marler of Marler Clark Attorneys at Law LLP, among others.

The Cantaloupe Listeria Outbreak Lawsuit is Exley, et al. v. Jensen Farms, et al., Case No. 2011-cv-1981, in the Arapahoe County District Court.