May 29, 2024

First Listeria Lawsuit Filed Against Whole Foods

The first lawsuit has been filed in federal court against Whole Foods on behalf of John McKissick and his wife Patricia. Mr. McKissick was sickened in the Listeria monocytogenes outbreak linked to Frescolina brand ricotta salata cheese imported by Forever Cheese Inc. and sold at Whole Foods stores.

GavelsMrs. McKissick purchased a variety of cheeses on May 27, 2012 at one of the Whole Foods stores in Pittsburgh, Pennsylvania. Mr. McKissick consumed a portion of each of the cheeses in the following days. Several days later, he began experiencing listeriosis symptoms, including nausea, vomiting, muscle aches, and fever. He was hospitalized when the symptoms worsened. A spinal tap confirmed that his illness was caused by Listeria monocytogenes. A sample was sent to the Centers for Disease Control and Prevention (CDC), which determined that the PFGE pattern of the bacteria was the outbreak strain. Mr. McKissick suffered “profound nervous-system and cognitive dysfunction, including ventilator-dependent respiratory failure,” according to the Complaint.

The CDC, FDA, and state health departments found the outbreak strain of the bacteria in a sample from an uncut wheel of Frescolina ricotta salata cheese that was imported and distributed by Forever cheese. The recalled cheese was cut and repackaged by Whole Foods and sold in 21 states and Washington D.C. The Complaint states that Whole Foods processed the adulterated ricotta salata cheese and “cross-contaminated other cheese products sold in Whole Foods stores with the outbreak strain.”

Attorney Fred Pritzker said, “this is a complicated national outbreak that raises a number of important questions: when, where, and how did this pasteurized cheese become contaminated by Listeria monocytogenes and how did cross contamination spread it to cheeses other than the recalled product?” He continued, “it certainly appears there is plenty of fault to go around in this case. Cross-contamination by others in the chain of distribution caused this adulteration to be spread to other cheeses. Consumers have a right to purchase cheese that is safe and free of pathogens that cause serious injury and death.”


  1. Lm in the deli and cheese cases, so it is very possible even more cheeses could have Lm on them.
    Mushrooms from canada infected by Lm, yet nothing found in Canada, likely culprit where the mushrooms are placed at the grocery store (Walmart) and the sprayers…..
    I laugh when i still see raw bacon in the cooked RTE deli meats cases.
    When I was doing micro samples 20 yrs ago, found Lm all the time in deli cases.
    Now the only deli meat I will eat is ones coming pre sliced from the factory. I never buy anything at the deli and if I do I cook it 1st before making a sandwich.

Report Your Food Poisoning Case

Error: Contact form not found.


Home About Site Map Contact Us Sponsored by Pritzker Hageman, P.A., a Minneapolis, MN law firm that helps food poisoning victims nationally.