November 1, 2011

A lawsuit has been filed against Colorado’s Jensen Farms by the family of a woman who died after eating Listeria-contaminated fruit grown on the farm. According to NBC-DFW, 28 people have died across the country since the outbreak of the bacteria began late this summer.

The claim states the 89-year-old woman died September 23 after eating the tainted fruit that was voluntarily recalled by the farm and it’s distributors on September 14. The recall was made after federal inspectors with the Food and Drug Administration (FDA) discovered the contamination. The lawsuit, filed by the children of the deceased, also names Frontera Produce Ltd., one of the farm’s distributors, as a defendant in the case.

Since the filing was made this week, neither Jensen Farms nor Frontera have responded to the allegations.

Meanwhile, the attorney for the family has stated he feels it is the responsibility of the farm and it’s distributors to ensure they are shipping food free of any pathogens. Since the recall the family’s attorney has filed eight claims of wrongful death against the farm and it’s distributors.

The Texas Product Liability Attorneys at Ferrer Poirot Feller Daniel want to know what you think about the Listeria outbreak. Can the farm AND it’s distributor be held accountable for the tainted fruit or just one or the other? Also, what kind of punishment should they face? Tell us your opinion by posting to out Facebook page.