Our law firm filed a lawsuit on behalf of people sickened in the Listeria monocytogenes outbreak linked to packaged caramel apples. Named defendants are Bidart Bros. and Smith’s Food & Drug Centers, Inc. Attorneys Brendan Flaherty and Ryan Osterholm filed the lawsuit January 9, 2015. The firm’s offices are in Minneapolis, Minnesota.

Brendan and Ryan filed the lawsuit on behalf of a mother and her newborn baby, who was born prematurely with a Listeria infection. “The family wants answers and some measure of justice for what happened,” said Brendan.

These illnesses and 30 others around the country have been linked to apples processed by Bidart Brothers, a California apple supplier. The FDA found the 2 outbreak strains of Listeria in the Bidart plant. This is “smoking gun” evidence against the company linking it to the illnesses.

4 People in Minnesota Sickened in the Outbreak

At least 4 people in Minnesota were sickened in the outbreak and some of them developed Listeria meningitis, a severe brain infection that is often fatal. All of them ate a Carnival-brand caramel apple purchased at Cub Foods, Kwik Trip or Mike’s Discount Foods. Tragically, three of these people have died.

When someone dies after eating tainted food, the family has a wrongful death claim against the company that processed the food and others (in this case a retailer). Our lawyers have won millions for families in wrongful death suits, including $4,050,000 for one Minnesota family.

The Lawsuit

We are a Minnesota law firm with a national food safety practice. We represent clients nationwide who have been harmed by tainted food and families whose loved ones have been killed by food poisoning.

Below are some details of the lawsuit filed January 9 in New Mexico (6 people sickened in NM).

In October of 2014, our client, pregnant at the time, ate a caramel apple purchased from Smith’s Pharmacy located at 4016 Louisiana Boulevard Northeast, Albuquerque, New Mexico, 87110. The lawsuit alleges this caramel apple contained Listeria monocytogenes bacterium, which caused her to give birth months early. Her premature baby, sickened by Listeria, spent 4 weeks in the hospital.

Health officials from the New Mexico Department of Health performed DNA testing on the sample of Listeria monocytogenes taken from baby. This sample was linked to the multi-state Listeria outbreak linked to caramel apples made with Bidart Brothers products.

About Our Food Safety Law Firm

Our lawyers have represented people in every major outbreak of Listeria infections (listeriosis) during the past 15 years and has obtained some of the largest foodborne illness recoveries on their behalf, many in excess of $1 million. You can call our Listeria lawyers at 612-338-0202 or 1-888-377-8900. We are a national food safety law firm and represents clients throughout the United States. Our offices are located in the Twin Cities at 45 South Seventh Street, Suite 2950, Minneapolis, MN 55402.

Attorney Ryan Osterholm