Post by Marc LeVine on Aug 17, 2006 17:37:28 GMT -5
Woman wins $3 million in listeria suit
MARYCLAIRE DALE
Associated Press
PHILADELPHIA - A woman who gave birth prematurely to a child with disabilities was awarded a combined $3 million from two poultry companies tied to a deadly 2002 listeria outbreak, court records unsealed Thursday show.
Defendant J.L. Foods also settled a wrongful-death case this week involving a 98-year-old doctor who became ill from the bacteria and died a few months later.
Several other cases remain pending in Pennsylvania and New Jersey over the outbreak, which killed eight people, sickened more than 50, and led to one of the largest meat recalls in U.S. history.
The listeria strain discovered in the victims was found by federal investigators in meat processed at a now-closed J.L. Foods plant in Camden, N.J., and in a plant of Pilgrim's Pride subsidiary Wampler Foods - but not in the meat itself - in Franconia, Pa.
J.L. Foods' settlement this week with the family of Frank Niemtzow - a retired family physician from Freehold, N.J., who delivered rock star Bruce Springsteen - was not disclosed. The family had said his related medical bills were $350,000.
The settlement was reached after opening statements got under way in federal court in Philadelphia on Wednesday.
Shakandra Hampton of Chester, Pa., reached a $1.75 million settlement with J.L. Foods and a $1.25 million settlement with Pilgrim's Pride, court documents show. Most of the money will go toward the care of her son, who was born premature in August 2002, at the height of the outbreak.
Hampton - who early on told the Centers for Disease Control that she craved deli turkey during her pregnancy and ate it several times a week - became ill and went into labor about a month early. Her son was born deaf in one ear and also has developmental delays.
"He's a happy, healthy child who struggles cognitively, and we're hoping he eventually catches up to the rest of the population," said lawyer Brandon Swartz, who represented the family.
A federal judge approved a 25 percent award for his firm plus costs, for a total of about $715,000.
Niemtzow's estate and two other families also reached confidential settlements with Pilgrim's Pride.
Cases still pending in Union County, N.J., include the family of an 81-year-old man who died and a woman who became ill, lost her unborn twins and can no longer bear children, plaintiffs lawyer Fred Pritzker said.
Listeria hits hardest among the elderly, pregnant women and those with compromised immune systems, lawyers involved in the suit said.
U.S. District Judge Timothy Savage ruled this month that the plaintiffs did not have to prove which plant produced the meat they ate, because of the linked listeria strains and because people do not always know what brand of deli meat they are buying.
MARYCLAIRE DALE
Associated Press
PHILADELPHIA - A woman who gave birth prematurely to a child with disabilities was awarded a combined $3 million from two poultry companies tied to a deadly 2002 listeria outbreak, court records unsealed Thursday show.
Defendant J.L. Foods also settled a wrongful-death case this week involving a 98-year-old doctor who became ill from the bacteria and died a few months later.
Several other cases remain pending in Pennsylvania and New Jersey over the outbreak, which killed eight people, sickened more than 50, and led to one of the largest meat recalls in U.S. history.
The listeria strain discovered in the victims was found by federal investigators in meat processed at a now-closed J.L. Foods plant in Camden, N.J., and in a plant of Pilgrim's Pride subsidiary Wampler Foods - but not in the meat itself - in Franconia, Pa.
J.L. Foods' settlement this week with the family of Frank Niemtzow - a retired family physician from Freehold, N.J., who delivered rock star Bruce Springsteen - was not disclosed. The family had said his related medical bills were $350,000.
The settlement was reached after opening statements got under way in federal court in Philadelphia on Wednesday.
Shakandra Hampton of Chester, Pa., reached a $1.75 million settlement with J.L. Foods and a $1.25 million settlement with Pilgrim's Pride, court documents show. Most of the money will go toward the care of her son, who was born premature in August 2002, at the height of the outbreak.
Hampton - who early on told the Centers for Disease Control that she craved deli turkey during her pregnancy and ate it several times a week - became ill and went into labor about a month early. Her son was born deaf in one ear and also has developmental delays.
"He's a happy, healthy child who struggles cognitively, and we're hoping he eventually catches up to the rest of the population," said lawyer Brandon Swartz, who represented the family.
A federal judge approved a 25 percent award for his firm plus costs, for a total of about $715,000.
Niemtzow's estate and two other families also reached confidential settlements with Pilgrim's Pride.
Cases still pending in Union County, N.J., include the family of an 81-year-old man who died and a woman who became ill, lost her unborn twins and can no longer bear children, plaintiffs lawyer Fred Pritzker said.
Listeria hits hardest among the elderly, pregnant women and those with compromised immune systems, lawyers involved in the suit said.
U.S. District Judge Timothy Savage ruled this month that the plaintiffs did not have to prove which plant produced the meat they ate, because of the linked listeria strains and because people do not always know what brand of deli meat they are buying.
