Headline of release should read: Lawsuit against Bidart Bros. for Listeria from Caramel Apples Filed by Pritzker|Olsen Attorneys (instead of Lawsuit against Bidart Bros. for E. coli from Caramel Apples Filed by Pritzker|Olsen Attorneys).
The corrected release reads:
LAWSUIT AGAINST BIDART BROS. FOR LISTERIA FROM CARAMEL APPLES FILED BY PRITZKER|OLSEN ATTORNEYS
A lawsuit has been filed on behalf of a mother and baby allegedly sickened by caramel apples. Named defendants are Bidart Bros. and Smith’s Food & Drug Centers, Inc. Pritzker|Olsen attorneys Brendan Flaherty and Ryan Osterholm, along with local counsel, filed the lawsuit in the United States District Court of the District of New Mexico on Friday, January 9, 2015 (case number 1:15-cv-00019).
“Every Listeria case is serious but when newborn infants are infected, it is absolutely heart-wrenching for the families. The family wants answers and some measure of justice for what happened,” said attorney Flaherty.
In October of 2014, Plaintiff Cathy James, pregnant at the time, ate a caramel apple purchased from Smith’s Pharmacy located at 4016 Louisiana Boulevard Northeast, Albuquerque, New Mexico, 87110. The complaint filed in the lawsuit alleges the caramel apple eaten by Cathy James contained Listeria monocytogenes, a dangerous pathogen.
The complaint also alleges the caramel apple eaten by Cathy James contained an apple manufactured and sold by Defendant Bidart Bros. and that the apple was adulterated with Listeria monocytogenes bacteria.
On November 8, 2014, Cathy James sought medical attention for symptoms of Listeria monocytogenes. Two days later, and months before her due date, she gave birth. Testing on her premature baby revealed he contracted Listeria monocytogenes from her. The baby remained hospitalized for over four weeks.
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 caramel apple outbreak of Listeria monocytogenes infections (listeriosis). Sampling from Bidart Bros. California packing facility found Listeria monocytogenes on the apple packing line.
The multi-state caramel apple outbreak has sickened at least 32 people from 11 states: Arizona (4), California (2), Minnesota (4), Missouri (5), Nevada (1), New Mexico (6), North Carolina (1), Texas (4), Utah (1), Washington (1), and Wisconsin (3). These people were diagnosed with listeriosis from October 17, 2014, to December 11, 2014. Ten of these cases were related to pregnancy.
About Pritzker|Olsen Food Safety Law Firm
Pritzker|Olsen, P.A. has represented people in every major Listeria outbreak during the past 15 years and has obtained some of the largest foodborne illness recoveries on their behalf, many in excess of $1 million. Attorneys Brendan Flaherty and Ryan Osterholm can be contacted at 1-888-377-8900 or via the firm’s website, www.pritzkerlaw.com. Pritzker|Olsen is a national food safety law firm and represents clients throughout the United States. The firm’s offices are located at 45 South Seventh Street, Suite 2950, Minneapolis, MN 55402.
