Family Wins $4M in Lawsuit Alleging Listeria Poisoning

A judge has granted a verdict of $4 million on behalf of a grieving family that lost their loved one after eating ice cream that was contaminated with listeria. The victim was the primary caretaker of her husband who suffered from dementia and other health ailments. The 79-year-old victim was visiting her daughter in Florida in January of 2022 when she ate the contaminated ice cream. The $4 million judgment included punitive damages which are meant to punish the company that sold the contaminated ice cream.

28 people sickened by the contaminated ice cream

In the case mentioned above, the ice cream vendor was alleged to have served ice cream that was contaminated with listeria. The victim was one of 28 people from 11 different states who developed listeria infections from eating the ice cream. 27 of those people required hospitalization. Only one died. One incident resulted in the miscarriage of a baby.

Investigators were able to backtrack and determine that the cause of the outbreak was contaminated equipment at the ice cream production facility. The company initially refused to believe that its equipment was the cause of the outbreak and continued to sell its contaminated ice cream to the public.

Food poisoning lawsuits 

Food poisoning happens frequently but rarely results in death. In most cases, lawsuits are not filed against restaurants that accidentally serve contaminated food. However, when someone dies as a result of food poisoning, which was the case in the aforementioned lawsuit, the stakes get much higher. It is unclear if any other individuals have filed lawsuits against the ice cream vendor. However, many required hospitalization as a result of their contact with the contaminated ice cream.

The plaintiff likely died as a result of complications related to her age. Others managed to survive the listeria infection but had to be hospitalized. These individuals can file a lawsuit against the creamery responsible for their infection. However, the amount of money they recover is related to the extent of their injuries. In the case of wrongful death, you have a substantial allegation against the creamery that provided the ice cream. In the case of mere injury, most were able to recover fully from the food poisoning.

Damages 

The husband was under the care of his wife when she lost her life. He will now be required to get outside help to care for him. That is a significant expenditure and one that the plaintiff was handsomely compensated for. He was also compensated for the loss of companionship, loss of consortium, and other damages. The creamery was held liable for $1 million in punitive damages for failing to cooperate with the investigation and failing to issue a recall right away.

Talk to a Tampa, FL Personal Injury Lawyer Today 

The Tampa, FL wrongful death attorneys at The Matassini Law Firm represent the interests of grieving families who have lost loved ones to negligence. Call our office today to schedule a free consultation, and we can begin discussing your case right away.