Listeriosis class action settlement offered but many victims still unknown

Tiger Brands has presented a settlement offer to the victims of the deadly 2017 listeriosis outbreak.

A strain of listeria killed 218 people and affected at least another 820 who consumed contaminated processed food.

National Institute for Communicable Diseases (NICD) investigations tracked the strain to a Tiger Brands facility in Polokwane, as well as distribution facility in Germiston.  

Eligible claimants

The class action fight for the claimants has been pursued by two firms, namely Richard Spoor Inc and LHL Attorneys.

The firms praised the peer-reviewed work of the NICD, spearheaded by Minister of Health Aaron Motsoaledi.

“These findings have since been confirmed by world-renowned epidemiologists, including Tiger Brands’ own experts,” the case attorneys said in a joint statement on Monday.

The claimants covered in this case are those who contracted the genotype L1-SL6-ST6-CT4148 of Listeria monocytogenes (ST6), as well mothers of the children affected.

Additionally, the legal dependants of any household breadwinners who died of ST6 listeriosis, as well as adults whose legal dependants contracted the illness, are also eligible.

The details of the offer have been sent to the claimants’ attorneys, but they have not been publicly disclosed to protect their interests.

Liability still to be proven

This is just the first of a two-step process where the company’s liability must still be determined by the courts, only after which compensation can be awarded.

“Before any settlement can be finalised, it must be presented to the High Court, which will determine its fairness as the ultimate guardian of class member interests,” confirmed the attorneys, who labelled the settlement offer an “effective admission of liability”.

The food manufacturers’ statement contradicted that position, but stressed that they had adequate product liability insurance cover.

“Only if Tiger Brands is found to be liable will the issue of causation arise, in the second stage of the class action, as well as an assessment of compensation payable to qualifying claimants for damages suffered,” the company stated on Monday.

“The offer is subject to certain conditions and has been made without admission of liability and in full and final settlement of the claims of the claimants,” Tiger Brands explained.

Both Tiger Brands and the legal representatives state that this will take at least several weeks to resolve, but they remain committed to the process.

“Tiger Brands’ renewed and demonstrable commitment to the victims will ultimately lead to a comprehensive resolution of all claims,” stated the attorneys.

Importance of food safety

The firms, as well as the NICD, have been praised by the Department of Health for placing “the sufferings of the victims” at the forefront of the fight.

Many of those affected by the outbreak over seven years ago have not come forward, but the department and the NICD are working to assist the attorneys in locating potential claimants.

The DoH said the class action highlighted the importance of sticking to guidelines around the handling of processed food.

“Food safety and hygiene practices remain crucial for public health, preventing foodborne illnesses, reducing food waste and avoiding costly food recalls,” stated the department.

Those affected by listeriosis who were not part of the class action may still contact Richard Spoor Inc or LHL Attorneys for further information.

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