01 November 2011

Texas Family Sues Over Alleged Listeria Death

Texas Family Sues Over Alleged Listeria Death

A negligence lawsuit filed by the family of an elderly North Texas woman says she died after eating cantaloupe allegedly tainted with listeria.

The lawsuit filed in Dallas against Jensen Farms of Holly, Colo., said Marie Jones, 89, died Sept. 23 at a hospital after consuming

The Food and Drug Administration said Jensen Farms voluntarily recalled its whole cantaloupes Sept. 14. Federal health officials said dozens of deaths have been linked to the listeria outbreak in 12 states.

The lawsuit filed last week on behalf of the Dallas County woman's children, Russell Jones and Terri Blackmon, also names Frontera Produce Ltd. of Edinburg. A Frontera spokesman declined comment on the lawsuit.

The lawsuit, filed by Dallas-based law firm Reyes Brown Reilley and Marler Clark, is the eighth lawsuit filed by Marler Clark in the multi-state listeria outbreak.

“In this day and age, people should not be hospitalized or die because of something they ate,” said Marler Clark Listeria lawyer William Marler. “Food producers and distributors have a responsibility to consumers to sell food that is unadulterated and free of foodborne pathogens such as Listeria – no exceptions.”

The Centers for Disease Control and Prevention (CDC) have confirmed 133 illnesses and 28 deaths in a multi-state Listeria outbreak that has been linked to Colorado-based Jensen Farms. 

A message left Tuesday with Jensen Farms by The Associated Press was not immediately returned.

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