September 16, 2014

Lawsuit against Whole Foods and Forever Cheese Seeks Money Damages for Listeria Food Poisoning Victim

Whole Foods Cheese LawsuitAttorney Fred Pritzker, a national food safety lawyer, filed the first lawsuit against Forever Cheese, Inc. for listeriosis allegedly caused by Frescolina ricotta salata cheese that had been imported by the company and then sold to Whole Foods Market Group, Inc. According to the complaint filed in the case, Pritzker’s client, John McKissick, is one of 14 confirmed cases of listeriosis linked to the cheese. Mr. McKissick allegedly ate several kinds of cheeses purchased at a Whole Foods Market store in Pittsburgh, Pennsylvania, several days before becoming ill.

“Listeriosis is caused by Listeria monocytogenes, a dangerous foodborne pathogen,” explained Pritzker, who represents listeriosis victims nationwide. “Each Listeria outbreak is caused by a genetically unique strain of the bacteria. In this case, the FDA found the outbreak strain of Listeria monocytogenes from a sample of uncut Frescolina ricotta salata cheese distributed by Forever Cheese. This is solid evidence that the Frescolina ricotta salata cheese is the source of the outbreak.”

The lawsuit claims the cheeses eaten by Mr. McKissick were contaminated with the outbreak strain of Listeria monocytogenes by adulterated Frescolina ricotta salata distributed by Forever Cheese.  Once Whole Foods had cut Frescolina ricotta salata for repackaging, Listeria in the cheese contaminated the cutting instrument or cutting surface, which then cross-contaminated other cheeses similarly cut for repackaging, according to the lawsuit.

“The contaminated Whole Foods cheeses nearly killed my client,” stated Pritzker. “He suffered profound nervous system and cognitive dysfunction, including ventilator-dependent respiratory failure. He required weeks of hospitalization and rehabilitation, and continues to suffer a variety of neurological symptoms, including but not limited to cognitive dysfunction, left-sided weakness and hand tremors, all as a direct result of the listeriosis infection.”

The lawsuit seeks money damages for the following: 1) medical and hospital expenses for the treatment of injuries; 2) physical and mental pain; 3) damage to the marital relationship; and 4) other harms and losses to be proven at trial.

Attorney Fred Pritzker provides free consultations to Listeria food poisoning victims and their families. He can be reached here or at 1-888-377-8900 (toll free). The law firm of PritzkerOlsen, P.A. has significant experience with Listeria lawsuits, winning millions for listeriosis victims and their families.

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