Illnesses, hospitalizations, and deaths involving non-dairy milk that may have been contaminated with listeria bacteria are raising concerns across North America.
According to Today.com, on Aug. 12, the Public Health Agency of Canada reported that 20 people had been sickened in that country as a result of this outbreak, which has been linked to Silk and Great Value products. The agency also reported 15 hospitalizations and three deaths as part of the listeria outbreak.
Personal injury law firm Bisnar Chase is already working with one client in California who bought a Silk product from a Sam’s Club store and was hospitalized. If you or someone you know has been hospitalized or diagnosed with listeria, contact Bisnar Chase today.
Listeria Contamination
In July 2024, health agencies warned the public that Silk and Great Value brands of almond, oat, cashew, and coconut non-dairy milks were being recalled due to possible listeria contamination.
Listeria is a bacteria that can cause severe illness. The call includes 18 specific products. According to the public health alert, people who were sickened in this outbreak reported consuming the recalled non-dairy beverages. The recall includes 18 products from the Silk and Great Value brands, including Silk’s almond and coconut milk.
So far, no similar recalls have been reported in the United States. However, the U.S. is dealing with a listeria outbreak related to deli meats. According to the Center for Disease Control and Prevention’s (CDC) most recent update, more than 40 people have become ill in 13 states as part of this outbreak.
Of those victims, 43 were hospitalized, and three have died. Earlier this summer, more than 70 ice cream products were recalled across the United States due to listeria contamination.
Our personal injury attorneys closely monitor the situation in the United States. We have represented victims of food poisoning and defective products and their families.
These and other food-related outbreaks can have a negative impact on people physically, emotionally, and financially, so we feel for anyone who is suffering.
What is Listeriosis, and Why is It Dangerous?
Listeria monocytogenes is a serious bacterial infection that causes listeriosis. It primarily affects pregnant women, newborns, the elderly, and individuals with weakened immune systems. The bacteria are often found in contaminated food products like unpasteurized dairy, deli meats, and certain raw vegetables. When ingested, listeria can cause symptoms ranging from mild flu-like symptoms, such as fever and muscle aches, to more severe issues like meningitis or sepsis, a potentially fatal blood infection.
In pregnant women, it can lead to miscarriage, stillbirth, or severe illness in newborns. The infection is particularly dangerous due to its ability to survive and grow at refrigeration temperatures, making it a significant concern in food safety. Early diagnosis and treatment with antibiotics are crucial for managing listeriosis, especially in vulnerable populations.
Listeria Has a Longer Incubation Period
The longer incubation period of listeria monocytogenes complicates the diagnosis of listeriosis, making it a particularly challenging illness to identify and treat promptly. It also makes it more difficult to identify outbreaks before they get widespread.
Unlike many foodborne pathogens that cause symptoms within hours or a few days, listeria can take anywhere from three days to over two months to manifest symptoms after ingestion. This extended incubation period means that individuals often have difficulty recalling what they ate, making it hard to trace the source of the infection.
Also, the symptoms of listeriosis, such as fever, muscle aches, and gastrointestinal issues, are non-specific and can easily be mistaken for less severe illnesses like the flu or stomach virus.
For at-risk populations, including pregnant women, newborns, the elderly, and those with compromised immune systems, the delay in the onset of symptoms can lead to more severe complications.
In pregnant women, it could lead to miscarriage or stillbirth. The subtle progression of the infection further obscures the connection between the illness and foodborne contamination, delaying critical intervention.
How Can You Protect Yourself and Your Family?
To protect against listeria when consuming non-dairy milks, several key precautions are essential. First, choose non-dairy milk products that are pasteurized, as pasteurization effectively kills listeria monocytogenes.
Always check the label to ensure the product is pasteurized before purchasing. Store non-dairy milks in the refrigerator at or below 40°F and consume them before their expiration date to minimize the risk of bacterial growth.
Avoid cross-contamination by keeping non-dairy milks away from raw meats, unwashed vegetables, and other potentially contaminated foods. Wash your hands, utensils, and surfaces thoroughly before and after handling non-dairy milk products.
If you are in a high-risk group, such as pregnant, elderly, or immunocompromised, consider avoiding homemade or unpasteurized non-dairy milks, as these may carry a higher risk of contamination.
What to Do If You Have Symptoms of Listeriosis
If you have suffered from listeriosis and believe it was due to contaminated food, you may be entitled to compensation. Here are the steps that we advise victims to take:
Seek medical treatment. First, ensure you receive appropriate medical care. Document all symptoms, treatments, and diagnoses related to listeriosis. Keep detailed records of your medical expenses, including hospital visits, medications, and any follow-up treatments.
Document evidence. Collect any evidence that links your illness to a specific food product. This could include receipts, packaging, or product labels. If possible, preserve any remaining food for testing. Document the onset of symptoms and how it has affected your daily life, work, and finances.
Report the illness. Report your case to your local health department. They can investigate the source of the contamination and may identify others affected, strengthening your case.
Consult an experienced food poisoning lawyer. Contact a personal injury lawyer who specializes in foodborne illness cases. They can help you navigate the legal process, determine liability, and pursue a claim against the responsible party, whether it’s a food manufacturer, retailer, or restaurant. Your attorney will assist in filing a claim for compensation, which can cover medical expenses, lost wages, pain and suffering, and other damages.
What Damages Can You Seek for Listeria Poisoning?
If you’ve suffered from listeria poisoning, you may be entitled to seek various types of damages to compensate for the harm caused. Medical expenses are often the most immediate concern, covering costs such as hospital stays, doctor visits, medications, and any ongoing treatment or rehabilitation needed due to the infection.
If the illness caused you to miss work, you could also seek lost wages for the income you missed during your recovery period. In more severe cases, where long-term disability or health issues arise, you might be entitled to future lost earnings.
In addition to seeking financial damages, one can also seek pain and suffering damages to make up for the illness’s physical and emotional suffering. This includes the pain and discomfort caused by the symptoms themselves, as well as any lasting psychological effects, such as anxiety or depression resulting from the experience.
Family members may also pursue wrongful death claims or loss of consortium damages if listeriosis has led to more severe outcomes, such as miscarriage, stillbirth, or death. These damages aim to compensate for the profound impact on your life and your family’s well-being, acknowledging the serious and potentially life-altering consequences of listeria poisoning.
Bisnar Chase has worked with clients on countless food poisoning cases, and we are actively looking into recent listeria reports. Contact our team for a free consultation to find out if you could have a case.
