California Victim Represents the First Wrongful Death Suit in this Listeria Outbreak
By Laurie Greene, CalAgToday reporter and editor
On December 19, 2014, the Centers for Disease Control and Prevention (CDC) announced that it is collaborating with several states and the U.S. Food and Drug Administration (FDA) in an investigation of the outbreak of Listeria monocytogenes infection (listeriosis) in commercially produced, prepackaged caramel apples.
The first wrongful death lawsuit was filed in California by James Raymond Frey on behalf of his late wife, Shirlee Jean Frey, 81, against Safeway Inc. over the commercially produced, prepackaged caramel apples, implicated in a 10-state Listeria outbreak responsible for a total of 29 people (as of yesterday) who have been hospitalized, including five deaths.
Though the product in question was linked to Carnival brand and Kitchen Cravings brand caramel apples, specifically, CDC is warning the public not to eat caramel apples–plain or with nuts or other toppings, but clarified, “at this time, no illnesses related to this outbreak have been linked to apples that are not caramel-coated and not prepackaged or to caramel candy.” Safeway removed the product from it shelves.
The investigation is still working to determine specific brands or types of commercially produced, prepackaged caramel apples that may be linked to the illnesses.
Listeria is one of the more deadly food pathogens. The most recent Listeria outbreak occurred three years ago from Colorado-grown contaminated cantaloupes, causing three dozen deaths. The pathogen affects primarily women, newborns, older adults and other people with compromised immune systems. Symptoms include fever, muscle aches and gastrointestinal problems.
The California Apple Commission is working with other apple producing states and the U.S. Apple Association on this issue. Should California apple growers receive any calls regarding this issue or need additional information, please contact Alexander Ott, Executive Director the Commission office in Fresno by email at firstname.lastname@example.org or phone 1-559-225-3000.
Photo source: CDC