990265 Five More Plaintiffs Added to Sara Lee Case

Chicago - On Monday, February 22, 1999, Kenneth B. Moll & Associates, Ltd. amended the class action complaint originally filed against Sara Lee Corporation on December 30, 1998. The amended complaint names fifteen Plaintiffs from Illinois, Ohio, Michigan, Tennessee, Indiana, Arizona and Pennsylvania. The lawsuit includes claims of DEATH, MISCARRIAGE, LISTERIOSIS and MENINGITIS.

On February 16, 1999, Kenneth B. Moll & Associates, Ltd. served its motion for nationwide class certification of all persons that purchased and/or consumed meat products manufactured by Sara Lee bearing establishment code P261 and/or 6911.

The lawsuit, the first of its kind in the nation, arises from the outbreak of listeriosis traced to contaminated meat products produced at Sara Lee's Bil Mar manufacturing plant in Zeeland (Borculo), Michigan.

The Complaint Alleges:

According to the Centers for Disease Control and Prevention (CDC), as of February 12, 1999, over 82 illnesses and 17 deaths in over 19 states have been linked to the rare strain of the bacterium Listeria monocytogenes, serotype 4b.

Those states reporting cases include: Arizona, California, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, New York, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont and West Virginia.

The CDC linked the outbreak of Listeria monocytogenes to SARA LEE's Bil Mar plant.

Neither the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) nor the Food and Drug Administration (FDA) permit Listeria monocytogenes on cooked, ready-to-eat food. This is called “zero tolerance.”

Pulsed-Field Gel Electrophoresis (PFGE) technology enables molecular subtyping, or fingerprinting, of pathogens isolated from both humans and foods. Molecular subtyping translates bacteria's genetic material into a “bar code.” The ability to subtype pathogens is important because it helps to identify a cluster of related illnesses and to link specific products to specific human illnesses when the “fingerprints” match.

Since June, 1998, a number of cases of listeriosis showing the “E” pattern through PFGE testing were reported.

A case control study conducted by the CDC found that approximately 80% of the people with this “E” pattern had eaten hot dogs manufactured by SARA LEE.

On November 17, 1998, the CDC sent reports and notices to all State Health Departments requesting that they notify the CDC of all reports of Listeria and to send Listeria isolates.

Prior to December 14, 1998, the CDC received an open package of hotdogs from the Bil Mar plant that had been eaten by a patient 4 weeks before the onset of Listeriosis which was tested for Listeria.

On December 15, 1998, the CDC and the FSIS launched a joint investigation of the SARA LEE plant. The CDC informed SARA LEE that it was suspected that the listeriosis outbreak came from the Bil Mar plant.

On December 17, 1998, SARA LEE halts shipping meat products from its Bil Mar plant.

On December 18, 1998, the CDC received the results from serotyping which confirmed, serotype 4b. Officials from the CDC and FSIS met with officials from SARA LEE and notified them that their Bil Mar plant was the source of the outbreak and requested that SARA LEE recall its products.

On December 19, 1998, the CDC received the results from subtyping which confirmed, Pattern E. The CDC informed SARA LEE of the results and again requested that SARA LEE recall its products.

Finally, on December 22, 1998, the Defendant recalled specific production lots produced at the Zeeland, Michigan processing plant.

On December 24, 1998, the CDC notified SARA LEE that laboratory tests found 2 strains of Listeria monocytogenes in four unopened packages of hot dogs manufactured by the Defendant.

On January 7, 1999, the CDC announced that laboratory tests found a different strain of Listeria monocytogenes in unopened packages of deli meats manufactured by the Defendant.

Sara Lee failed to announce complete product list

On January 28, 1998, the FSIS announced that additional brands should have been added to the recall list of products manufactured by the Defendant.

Sara Lee had knowledge that a recall should have been conducted prior to December 22, 1998

The lawsuit alleges that Sara Lee:

a) failed to warn Plaintiffs of the risks posed by its defective products;

b) failed to order a recall of its defective products prior to December 22, 1998; and

c) failed to institute a proper recall of its defective products.

“The best way to determine the presence of Listeria in meat products is to test the final product. Final products testing positive for Listeria should not leave the plant. Sara Lee did not implement state-of-the-art testing of its final product.” - Kenneth Moll

“A manufacturer having knowledge that its products are defective and could cause injury or death to consumers has a duty to recall its products swiftly and effectively. Sara Lee did not act swiftly and effectively in its recall causing additional harm to its consumers.” - Kenneth Moll

This Article Compliments of...