Learning How To Recover

Filing A Wrongful Death Suit Due to Listeria

23 September 2015 by Susie Torres

According to the Centers for Disease Control and Prevention, Listeria is the third leading cause of food poisoning deaths. This cruel bacteria is especially adept at targeting the vulnerable such as pregnant women, the elderly, newborns, unborn babies, and those with weakened immune systems.  If you have recently lost a loved one who exhibited the following symptoms, they may have eaten food contaminated with listeria: 

• Fever
• Nausea 
• Diarrhea

And if your loved one had the following symptoms, they may have suffered a very serious and dangerous complication of listeria infection such as bacterial meningitis. Because many of these symptoms are also common with stomach viruses, such as Norovirus, or foodborne illnesses, including Salmonella and E. coli, it's important that you ask your loved one's physicians to have their blood tested to see whether they may have had a listeria infection.

This information will be especially important if you decide to file a wrongful death lawsuit with the party responsible for the listeria contamination. On some occasions, it may take days or even weeks for symptoms of a Listeria infection to show up. So if there is even a slight chance your loved one may have passed away due to having eaten listeria-contaminated food, ask to have blood tests performed. You should also report the listeria infection to your state and health departments. 

Causes of Listeria Infections 

Your loved one may have been infected by: 

• Eating processed foods, like soft cheeses, deli meats, or hot dogs. The bacteria may be spread by contaminated machinery during the manufacturing of the food product.  
• Drinking unpasteurized milk 
• Eating raw vegetables that may have come in contact with the bacteria through contaminated fertilizer or through the soil 

Filing a Lawsuit

If you discover that your loved one has died because of a listeria infection, contact a wrongful death attorney as soon as possible. A lawyer experienced in wrongful death suits can:

• Obtain important and possibly incriminating corporate documents from the business that is suspected of distributing the contaminated food.
• File your suit in a timely fashion so that you will hopefully receive compensation from the legally responsible company. This is especially important if the company should declare bankruptcy and funds for victim compensation become limited. 
• File a civil suit if you or your loved one was pregnant and lost an unborn baby. If you believe the miscarriage was caused by a listeria infection, you may be able to recover monetary damages.

While a lawsuit won't bring your loved one back, it can help pay for any medical expenses your loved one incurred and also for the loss of any future wages they could have provided for your family. 

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