Whole Foods, Forever Cheese Face Listeria Lawsuit

A Pennsylvania man filed what is believed to be the first product liability lawsuit against Whole Foods Market Group  Inc.  and Forever Cheese over the recent listeria outbreak involving Frescolina ricotta cheese.

Three people have died and at least 14 have been sickened in the outbreak, which is linked to cheese imported by Forever Cheese and sold by Whole Foods. A recall was issued for the cheese earlier this month.

The lawsuit was filed in federal court in New York on behalf of John McKissick and his wife, who purchased several cheeses from a Whole Foods store. After consuming the cheeses, John McKissick experienced listeriosis symptoms such as vomiting, muscle ache, fever, and had to be hospitalized. He tested positive for the strain of listeria monocytgenes linked to the outbreak.

The complaint states that McKissick suffered “profound nervous-system and cognitive dysfunction, including ventilator-dependent respiratory failure” as a result of consuming the tainted cheese.

According to the suit, the company cut, re-packaged, and sold cheese which had previously been tainted with listeria and in the process cross-contaminated other cheese products sold at Whole Foods.

If you or a loved one has been harmed by an unsafe food product, contact Sokolove Law for a free legal consultation and to find out if a product liability lawyer may be able to help you.

Tags: