Client Update: 4 July 2023
LISTERIOSIS CLASS ACTION CLASS MEMBER UPDATE
Dear Listeriosis Class Action Claimants,
We continue our long fight to achieve justice for the hundreds of persons affected by the listeriosis outbreak of 2017 - 2018. Almost five years after the end of the outbreak, Tiger Brands continues to deny that they are legally liable for the harm, despite the NICD’s investigation which named Tiger Brands as the source of the outbreak.
The Listeriosis Class Action legal team has made significant progress thus far in collecting our clients’ records, working with experts to finalise expert reports, communicating with Tiger Brands, and drafting documentation that will be necessary to prove our case.
The complex nature and scale of this class action means that we have been met with delays, but the process is moving forward and we have made meaningful progress since our last update.
We have subpoenaed the NICD for documents that are required for evidence for trial, which has subsequently agreed to provide us with these documents. The provision of the documents will be approximately within the next month.
We have welcomed a new junior counsel, Eshed Cohen, to our litigation team. Adv Cohen is a member of Cape Bar Society of Advocates and the Pan African Bar Association of South Africa, with a practice including constitutional law, public law, administrative law, human rights law, and international law.
STATUS OF MEDICAL RECORDS
We are continuing to collect medical records and have to date received hundreds of medical records from hospitals around the country. We are however still awaiting medical records and pathology test results from certain hospitals in respect of many claims and are constantly following up on these records. In order for the hospital to locate the medical records, they require the patient’s date of admission, date of discharge, and patient number. If you have this information, a carrier card, or a discharge sheet, please provide same to us if you have not already done so.
If you or your loved one has been undergoing further treatment for health complications related to listeriosis, please provide us with information on the treatment, and any records you have relating to the treatment.
We are pleased to have received approximately 200 signed and commissioned affidavits relating to consumption from class members.
If you have received a draft consumption affidavit via email, and you have not yet signed this in the presence of a commissioner of oaths, please do so and return the affidavit to us as soon as you can.
If you have not yet received a draft consumption affidavit for signature, it is most likely due to the fact that we are awaiting your further medical records and/or blood test results. Once these records are received your paralegal will be in contact with you regarding the signing of your affidavit.
CLASS MEMBER PARTICIPATION
We are still requesting documentation such as bank statements and proof of employment at the time of the outbreak, salary slips, and so on from class members. If you are in possession of these documents, please provide them to us. You may receive a call from our paralegals requesting these documents.
We may also be in contact regarding any further consumption information or medical information that may not have been provided previously. Please inform us if there have been any changes to your contact details or address. We are constantly attempting to update the information we have on record and your continued co-operation is most appreciated.
Q SORT ASSESSMENTS
Our experts have received all the data from the Q-Sort assessments, which aimed to assess the psychological harm suffered by claimants as a result of the outbreak. They have begun analysising the data, which will be followed by a set of interviews with a sample of claimants.
Thank you for providing the information 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 firstname.lastname@example.org.
RSI and LHL