What Should I Do if I Think I Got Listeria from Food?

 Posted on November 19, 2024 in Personal Injury

The CDC estimates that Listeria infection is the third-leading cause of death from foodborne illness across the United States. Each year in the U.S., at least 1,600 will be infected with Listeria, while 260 will die from the illness. It is known as a foodborne disease outbreak when two or more people get the same illness from the same contaminated food or drink. Foodborne illnesses can trigger personal injury and wrongful death claims when people are harmed by the illnesses.

These outbreaks are investigated by public health officials so they can be controlled, preventing more people from getting sick and learning from each outbreak so that similar outbreaks can be prevented. The most recent Listeria outbreak was tied to Boar’s Head brand liverwurst. Products sold at a deli, particularly those sliced and prepared at a deli, are often among the foods contaminated with Listeria.

This is due to the fact that Listeria spreads quickly between deli equipment, counters and other surfaces, hands, and food. Listeria is not killed by refrigeration; however, heating to a high enough temperature can kill Listeria germs. Boar’s Head Deli Liverwurst products produced between June 11, 2024, and July 17, 2024, were the products implicated in the Listeria outbreak. Boar’s Head recalled all deli products from that time period in the interest of public safety.

If you or a loved one has suffered a serious foodborne illness, speaking to a knowledgeable Will County, IL personal injury attorney from Schwartz Injury Law can be beneficial. You need a strong advocate in your corner who understands the issues associated with Listeria and other foodborne illnesses and can work hard on your behalf to ensure you are properly compensated for your damages.

What Are the Symptoms of Listeria?

Listeria has an incubation period from a few days to as long as three months. Symptoms of Listeria typically begin within one to four weeks of eating contaminated food. Some people will experience symptoms much sooner – as early as 24 hours after eating the contaminated food. The most common symptoms include:

• Nausea

• Vomiting

• Diarrhea

• Abdominal pain

Invasive Listeria can cause the above symptoms along with the following symptoms:

• Muscle aches

• Fever

• Convulsions

• Confusion

• Stiff neck

• Severe headaches

• Loss of balance

Listeria is more serious for pregnant women, as it can lead to miscarriage, premature delivery, stillbirth, or a life-threatening infection for the newborn.

Can Listeria Be Treated?

You should immediately contact your healthcare provider if you believe you may have eaten food contaminated with Listeria. A blood test is the most common way your doctor will determine whether you have Listeria, although in some cases, your doctor may test a sample of your spinal fluid or urine.

Listeria can go away on its own in healthy people with a good immune system. More serious Listeria infections must be treated with antibiotics, usually an antimicrobial regimen that includes IV ampicillin and gentamicin for 14 to 21 days. Most people will feel better within three to five days of this treatment.

Pregnant women must receive prompt treatment to prevent the Listeria infection from adversely affecting the baby. Listeria in infants can be serious or even deadly. Symptoms for an infant include jaundice, skin rash, difficulty breathing, vomiting, loss of appetite, and general listlessness.

What Are Other Common Foodborne Illnesses?

Norovirus is the most common foodborne illness in the United States. It can be caused by contaminated food or water and spread from person to person. The symptoms are similar to Listeria symptoms. Norovirus typically shows symptoms sooner than Listeria, with vomiting and diarrhea starting within 12 hours to two days of eating contaminated food.

Elderly people, young children, and those with compromised immune systems are at a higher risk of infection with Norovirus and Listeria. Other common foodborne pathogens include Salmonella, E. coli, and Staph. Despite the fact that the food supply in the United States is one of the safest in the world, as many as one in six Americans will get sick from a foodborne illness every year.  

Recent Listeria Outbreaks Across the United States

In addition to the deli meats Listeria outbreak associated with Boar’s Head brand, the following Listeria outbreaks occurred in the United States over the past two years:

• April 2024: There were 11 cases of Listeria, resulting in 10 hospitalizations and one death across seven states. Listeria was tied to bagged peaches, nectarines, and plums from HMC Farms.

• February 2024: Data showed that queso fresco and cottage cheese made by Rizo-Lopez Foods were contaminated with Listeria. Cheeses, cremas, and yogurts were recalled by the company as a result. There were 26 documented cases, leading to 23 hospitalizations and two deaths across 11 states.

• August 2023: Two cases of Listeria across two states caused two hospitalizations but no deaths. The outbreak was linked to ice cream, specifically ice cream made by The Ice Cream House of Brooklyn, NY. Two people in a long-term care facility ate "Soft Serve on the Go" ice cream cups, and a Listeria strain was later found in these cups.

• February 2023: Listeria was linked to leafy greens in packaged salad mixes, resulting in 19 people getting sick and 18 of those requiring hospitalization. The Listeria was found across 16 states.

What Are the Costs Associated with Serious Food Poisoning?

A person who contracts Listeria or another foodborne illness may spend days, even weeks, in the hospital, particularly if that person is at a higher risk than generally young and healthy people. Doctor visits, hospital expenses, specialist costs, the cost of testing, and lost wages from being unable to work are all considered economic damages related to Listeria and can be considerable.

Those who may have come close to death can also have pain and suffering damages resulting from their illness. Some people can experience brain and nerve damage from Listeria, including meningitis and inflammation of the membranes surrounding the brain. A newborn infant infected with Listeria may have seizures, blindness, paralysis, and deafness.

These profound, long-term consequences of Listeria require compensation from the company responsible for the outbreak. Death from a Listeria infection can result in a wrongful death claim by family members with damages including medical expenses prior to the death, funeral, and burial expenses, lost wages that the decedent would have earned and contributed to his or her family, loss of consortium for a spouse, and loss of care and guidance for children of the decedent.  

Contact a Kendall County, IL Personal Injury Lawyer

If you or a loved one has contracted Listeria or another foodborne illness, speaking to a knowledgeable Joliet, IL personal injury attorney from Schwartz Injury Law can be helpful. Our firm has highly experienced attorneys with a stellar reputation. We have secured major multi-million-dollar settlements for our clients and never hesitate to step into a courtroom and advocate aggressively on behalf of a client. Contact Schwartz Injury Law at 708-888-2160 to schedule your free consultation.