Listeria Class Action

Client Update: 20 June 2022

LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE  

  Dear Listeriosis Class Action Claimants, 

We are making steady progress in our battle to achieve justice for everyone who was affected by the listeriosis outbreak of 2017-2018. We understand that many of you may be frustrated by how long the process is taking. Unfortunately, the wheels of justice turn slowly in South Africa, and we are slowed down by many factors outside of our control. Nevertheless, we assure you that we are doing everything in our power to make this process go as quickly and smoothly as possible.

AFFIDAVITS REGARDING FOOD CONSUMPTION HISTORY

To that end, we have introduced a new protocol for affidavits regarding the foods consumed by you or your loved ones that caused the illness. The purpose of these affidavits are to illustrate the link between the consumption of Tiger Brands’ Enterprise products and the harm that you or your loved one experienced.

Our protocol is as follows:

1. We will draft an affidavit based on our consultation with you and the information we have received, including medical records.
2. Your assigned paralegal will contact you to confirm that the facts deposed to in the affidavit are correct and to discuss if you are able to receive the consumption affidavit by way of email or fax.
3. Should you have easy access to email, we will ask that you download the affidavit, review it carefully, and if it is correct, print it out to be signed in the presence of a commissioner of oaths.
4. When you are before the commissioner you will initial the first page in the bottom right-hand corner and sign in full on the last page.
5. It is important that the commissioner also initial the first page and sign in full on the last page, and affix their stamp.
6. The full names, address and designation of the commissioner of oaths should also be clearly reflected together with the date upon which the affidavit was signed.
7. A commissioner of oaths should be available at any police station or post office, alternatively at the offices of any attorneys (Please note that commissioners of oath is prohibited from charging any fees for commissioning a document).
8. Once duly signed and commissioned, kindly scan and return signed affidavits to us as soon as possible.
9. Should you not have access to fax or email, we will arrange for our outreach team to assist you when they are next in your area.

LITIGATION UPDATE

We are currently preparing to apply for a trial date for the first stage of the class action. In order to do so, we will need a pre-trial meeting with Tiger Brands, and a further meeting before the case management judge. We will advise you as soon as we have dates for these meetings.

CLASS MEMBER PARTICIPATION

We continue to provide Tiger Brands with documentation showing the harm caused to class members. Each claimant has been assigned a paralegal. Your paralegal will contact you requesting certain documentation that we require, such as photographs you may have taken before, after or during the listeriosis outbreak as well as documents which shows any financial loss you or your loved one faced because of listeriosis. These documents are essential to prove the harm you suffered and we will do our best to assist you in obtaining them (i.e. by sending a letter to your previous employer requesting your old payslips or records of your leave).

Your paralegal will then conduct an interview with you about your experience with listeriosis. You will tell the story of how you (or your loved one) contracted listeriosis, what was experienced during the illness and how life has changed since. This interview will be done once your medical records are received and vetted. We will not be able to proceed with your claim until we have consulted with you and obtained the history of your illness. We thank you for your ongoing cooperation in this process. Should you already have completed your narrative interview and have further information regarding your current circumstances that you can share with us, please do let us know and we will be in touch with you.

Class action proceedings depends largely on the strength of documentation and information we have in our possession. Until we obtain a court date, you can do the following:

• If you have changed your address or contact details, please let us know.
• If you have not already submitted on-boarding documents (that is, a copy of your identity documents; a signed power of attorney; signed medical release form and various affidavits), please do send us these documents. Without these documents, we are unable to request the relevant medical records and blood test results and we will not be able to process your claim.
• If you have not already provided us with this information, please provide us with the correct name of the hospital and/or clinic that you visited over the outbreak period (if you visited more than one hospital at that time, please provide all details for both hospitals); the admission and discharge dates and the patient number. Medical records are key to proving your claim.

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.

In the interim, if you have not already done so, please provide us with an update of your current state of health (or that of a loved one) after contracting listeriosis. To those claimants who have lost their loved ones, please let us know how the family is coping with this loss and the changes you may have been forced to make after this loss.

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.

Kind regards,

RSI and LHL
Class Attorneys