Listeria Class Action

From the office of Richard Spoor, South African activist and human rights attorney in partnership with LHL Attorneys Inc. and Marler Clark the United States' leading law firm representing victims of foodborne illness outbreaks.

Client Update: 19 September 2022

LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE 


Dear Listeriosis Class Action Claimants, 

We continue to pursue our battle to achieve justice for everyone who was affected by the listeriosis outbreak of 2017-2018. We assure you that we are doing everything in our power to resolve this matter as quickly as possible, and we thank you for your ongoing patience.

AFFIDAVITS REGARDING FOOD CONSUMPTION HISTORY

As explained in our last update, we have introduced a new protocol for affidavits to confirm which foods were consumed before you or your loved one became ill. These affidavits are essential to prove a link between the consumption of Tiger Brands’ Enterprise products and the harm that you or your loved one experienced.

We are happy to announce that in the last two months we have received back approximately 67 signed and commissioned affidavits from our clients!

If we have not contacted you yet, we are either in the process of drafting the affidavit, or we are following up with the relevant hospital for medical records. Please note that we are only able to draft these affidavits once we are in possession of your full hospital records and received confirmation that your claim is viable.

If a paralegal has sent you the affidavit and you have not yet signed this in front of a commissioner of oaths, please do so and return the affidavit to us as soon as you can. If you have already provided us with a signed affidavit regarding food consumption, there is no need to do anything further in this regard at this stage.

Q SORT ASSESSMENTS

As of August 2022, we have embarked on a programme to assess the psychological harm suffered by claimants as a result of the outbreak. This is done through a “Q-Sort” assessment. Our field workers will be visiting clients who suffered miscarriages or stillbirths as a result of listeriosis, and those that lost an infant, and asking providing the assessment prepared by psychologists to determine the psychological harm or mental distress experienced. The fieldworkers will also request any outstanding documentation needed, and provide the affidavit described above for signature. Our paralegals will call you if you have been scheduled for a Q-sort interview to let you know when the fieldworker will be visiting you. This programme is very emotionally taxing, but important, and we appreciate your co-operation.

LITIGATION UPDATE

We are currently in discussions with our counsel and our expert witnesses to determine the evidence we will need to lead in the first stage of trial. As soon as we secure a court date, we will notify you.

CLASS MEMBER PARTICIPATION

We continue to provide Tiger Brands with documentation showing the harm caused to class members. A paralegal will contact you requesting photographs you may have taken before, during or after the listeriosis outbreak. The paralegal will also ask for documentation you may have which shows any financial harm you or your loved one suffered because of listeriosis. If you have any difficulties in obtaining these documents, please let us know, and we will do our best to assist you (i.e. letters to your previous employer).

Until we get a court date, you can do the following:

  • Inform us of any changes to your address or contact details, including email addresses.
  • If you have not already done so, provide us with your identity documents and the identity documents of the person who contracted listeriosis. If your child contracted listeriosis, we require their birth certificate. If you are unable to get your child’s birth certificate, please contact us.
  • If you have not already submitted a signed power of attorney and a signed medical release form, please call us and request a paralegal to send you these documents. We need these documents to request the relevant medical records and blood test results.
  • If you have not already provided us with this information, please let us know the correct name of the hospitals and/or clinics that you or your loved one visited over the outbreak period; the admission and discharge dates; and the patient number.
  • If there have been changes in your state of health (or that of a loved one) after listeriosis, please provide us with an update.
  • If you have lost a loved one to listeriosis, please provide us with the death certificate. Please also let us know how the family is coping with this loss, and the changes you may have been forced to make after this loss.

CONTACT US

Thank you for providing the requisite documents and taking your time to sit through lengthy interviews, which help us in continuing to build a strong case against Tiger Brands.

Get in touch with us via WhatsApp or send a ‘please call me’ to 082 044 0875. Alternatively, call our offices on 010 009 6925 or email us at info@rsinc.co.za.

We once again thank you for your patience and look forward to hearing from you.

Our next update is scheduled to be released in November this year.

Kind regards,

RSI and LHL
Class Attorneys

Contact the Richard Spoor Inc Attorneys today.

Richard Spoor Inc. Attorneys

Address:

PO Box 52536
Saxonworld, 2132
Johannesburg, RSA

Fax:

Fax: (011) 482 1491
Fax2: (086) 619 7343

Call us:

0800 037 772

If you have questions about foodborne illness, your rights or the legal process, we’d be happy to answer them for you.