Fred Mann of The Wichita Eagle reports that the family of David Weimer, a 59-year old Wichita man who died of the disease in September 2011 are suing the company that sold the cantaloupe for the farm, the principal company in charge of auditing the farm for safety, and the store that sold the tainted cantaloupe to the victims.

Bill Marler, a food-safety lawyer in Seattle who represents the Weimer family, said his lawsuit was filed because multiple efforts at mediation with all parties to resolve the matter have failed. The bankruptcy last year of the farm that grew the cantaloupe – Jensen Farms of Holly, Colo. – also delayed the process, he said. In addition, a two-year statute of limitations on the cases is close to expiring.

“These are cases that should have been resolved,” said Marler, whose firm, Marler Clark, has filed or amended lawsuits in July and August on behalf of 44 families in 12 states who were affected by the outbreak. “There’s no question about the cause of their illness and no question about the cause of their deaths.”

Weimer, a special agent for the U.S. government, purchased tainted cantaloupe at Dillons stores in Wichita on several occasions in August 2011, according to Marler’s lawsuit, which was filed on behalf of the family on Aug. 13. He became ill with symptoms of listeria infection on Sept. 13, 2011. The next day he was hospitalized. He died on Sept. 19.

Weimer’s family declined to comment about the lawsuit. According a video of family testimonials that Marler provided to The Eagle, Weimer had recovered his health after two rounds of chemotherapy to treat leukemia. He was notified by the KU Medical Center just before his death that a donor had been found for a stem-cell transplant.

“Had he not eaten the cantaloupe, he would’ve been around today,” Marler said.

Garden-Fresh Foods, Inc. of Milwaukee Wisconsin is recalling A Limited Quantity of Spartan Fresh Selections American Potato Salad In 16 oz. Packages, because it has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

Spartan Fresh Selections American Potato Salad was distributed by Spartan Stores in the State of Michigan and Toledo Ohio.

The affected Spartan Fresh Selections American Potato Salad is packaged in square 16 oz. plastic retail containers with a UPC Code Number 0 11213 90320 0 and a USE BY DATE of 09/06/13/04.

There have been no illnesses reported in connection with this product.

The potential for contamination was noted after routine testing revealed the presence of Listeria monocytogenes in 16 oz. packages of Spartan Fresh Selections American Potato Salad with a USE BY DATE OF 09/06/13/04.

A total of six persons infected with the outbreak strain of Listeria monocytogenes have been reported from five states.

The number of ill persons identified in each state is as follows: Illinois (1), Indiana (1), Minnesota (2), Ohio (1), and Texas (1).

All six ill persons were hospitalized. One death was reported in Minnesota. In addition, one illness in a pregnant woman resulted in a miscarriage.

Since the last update, one ill person has been reported from Texas.

A collaborative investigation by local and state public health and regulatory agencies, CDC, and the U.S. Food and Drug Administration indicates that Les Frères, Petit Frère, and Petit Frère with Truffles cheeses made by Crave Brothers Farmstead Cheese Company are the likely source of this outbreak.

On July 3, 2013, Crave Brothers Farmstead Cheese Company of Waterloo, Wisconsin voluntarily recalled its Les Frères, Petit Frère, and Petit Frère with Truffles cheeses with make dates of July 1, 2013 or earlier due to possible Listeria monocytogenes contamination.

The recalled cheeses were distributed nationwide through retail and foodservice outlets as well as by mail orders.

During the inspection of the Crave Brothers facility in July 2013, the FDA collected a sample of Petit Frère with Truffles that was found to contain Listeria monocytogenes with the same DNA fingerprint as the outbreak strain.

Buurma Farms, Inc. is voluntarily recalling 465 boxes of Cilantro Lot #02D312A4. Buurma Farms recalled this product due to possible Listeria monocytogenes contamination, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.  Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.
Buurma Farms, Inc. has not received any case of reported illness related to this product to date.

The Cilantro was sold to distributors in Michigan on August 3, 2013. The product was also shipped to retail stores in Illinois, Indiana, Michigan and Ohio. The Cilantro, which was distributed through Meijer and Ben B Schwartz and Sons in Michigan the week of August 5-9, could be contaminated with Listeria monocytogenes.  The Cilantro has a Buurma Farms twist-tie on it.

Product affected by the recall is:
Cilantro, fresh, UPC #4889, Lot #02D312A4, GTIN: 0 33383 80104 9
Product is sold in ~4 oz. bunches with a Product of USA Buurma Farms #4889 labeled twist tie,

Consumers who may have purchased this product should return or dispose of the product.

Buurma Farms Inc. became aware of this issue after the Michigan Department of Agriculture conducted a routine test on a sample obtained at Ben B Schwartz and found that sample contained the bacteria. The recall does not affect any other Buurma Farms produce products.

Upon learning of the potential contamination, Buurma Farms quickly alerted the retailer and wholesaler and requested they remove the produce from their shelves. The source of the contamination is still under investigation. To date Buurma Farms has not been able to find any other evidence of contamination within their supply chain.

Gold Star Smoked Fish Corp., located at 570 Smith Street, Brooklyn, NY 11231, is recalling Baltic Treasures, Norwegian Style Matjes, Marinella “Delicatessnaya”, Jewish Style Matjes, Traditional Russian Matjes, and Rybacka Wies Matjes Brands of Herring Fillets in Oil due to contamination or possible contamination with Listeria monocytogenes.

Listeria monocytogenes can cause serious and sometimes fatal infections in young children, frail or elderly people and others with weakened immune systems. Although healthy persons may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria can cause miscarriages and stillbirths among pregnant women.

The recalled products are packaged in 10.5 oz/300 gram, 17.64oz/500 gram, and 35.5oz/1 kg vacuum packed plastic packages and have sell by dates 103113, 113013, 123113, or 13114 stamped on the back of the container. The UPC Numbers are 0 21143 24118 1, 0 21143 24119 8, 0 21143 24117 4, 0 21143 24116 7, 0 21143 24101 3, 0 21143 24105 1, 0 21143 24111 2, 0 21143 24103 7, 0 21143 24106 8, 0 21143 24110 5, 0 21143 24102 0, 0 21143 24104 4, 0 21143 24121 1, 0 21143 24122 8, and 0 21143 24123 5. The products were sold nationwide. Each is a product of the USA.

The recall was initiated after sampling by New York State Department of Agriculture and Markets Food Inspectors and subsequent analysis of the product by Food Laboratory personnel revealed the presence of Listeria monocytogenes in samples of some of the brands being recalled. Gold Star Smoked Fish Corp. is voluntarily recalling additional brands and additional lots of herring fillets in oil as a precaution.

No illnesses have been reported to date in connection with this problem. Consumers who purchased Baltic Treasures, Jewish Style “Matjes”, Norwegian Style “Matjes”, Marinella “Delicatessnaya”, Traditional Russian “Matjes”, or Rybacka Wies “Matjes” Brands of Herring Fillets in Oil should not consume it and should return it to the place of purchase.

The produce, which was distributed to small, independent grocers in Michigan July 23-26, has the potential to be contaminated with Listeria monocytogenes and should be discarded and not consumed. The cantaloupes are Athena Cantaloupes, but have no stickers or other markings that identify them as such.

Listeria monocytogenes is an organism that can cause serious and sometimes fatal infections in young children, the elderly or others with weak immune systems. Healthy individuals may suffer short-term symptoms, such as high fever, severe headache, stiffness, nausea, abdominal pain or diarrhea. Listeria can cause miscarriages and stillbirths in pregnant women.

Heeren Brothers Produce has not received any case of reported illnesses related to this product to date. The recall does not affect any other Heeren Brothers Produce products.

Heeren Brothers Produce became aware of this issue after the Food & Drug Administration conducted a routine sampling and found the cantaloupes contained the bacteria.

After receiving notice from the FDA, Heeren Brothers Produce immediately alerted retailers and requested that they remove the produce from their shelves. Heeren Brothers Produce has also contacted the supplier of the cantaloupes. The source of the potential issue is still under investigation. Heeren Brothers Produce is cooperating fully with the FDA.

Heeren Brothers Produce is committed to consumer safety. We have product handling and safety protocols in place to assure that we provide our retailers and their customers with fresh, safe and healthy products. A recent audit by an independent, third-party laboratory rated our procedures as excellent in the industry.

Whole Foods Market announces that it is recalling Trois Comtois Morbier cheese in the Mid Atlantic, Southwest, Northern California, Southern Pacific and Midwest regions. This cheese is being recalled because it has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeriainfection can cause miscarriages and stillbirths among pregnant women.

The recalled Trois Comtois Morbier comes in wheels approximately 11 lbs. each, which are then cut and wrapped in varying weights and are labeled with a Whole Foods Market scale label.  Below is a list of how the cheese was labeled, including PLU code, according to the state in which it was sold. This recall includes all “best by” dates sold in Whole Foods Market stores in the states listed below.

State Labeled as PLU
Louisiana, Oklahoma, Texas Morbier Raw Milk 293358
Ohio, Virginia, Washington D.C. Morbier AOC Le Trois 293608
Illinois, Indiana, Michigan, Missouri, Nebraska, Wisconsin Morbier Raw Milk French Cheese 293358
Southern California, Hawaii, Arizona Morbier Raw Milk 293358
Northern California and Nevada (Reno store only) Morbier Les Trois Comtois 293608

To date, no illnesses have been reported to Whole Foods Market. This recall is in response to a recall by Trois Comtois in Poligny, France. Whole Foods Market is one of many retailers affected by this recall, as the product is also purchased by grocery stores, restaurants, and individual mail orders.

Zip International Group LLC is recalling Herring Fillet in Oil due to possible Listeria monocytogenes contamination, company officials say.

The recalled herring fillet in oil — FOSFOREL, ATLANTIKA — 400 gram, or 14 ounces, has plastic packaging and has best by dates of May 5 and July 17 and a UPC: 4607095500208. The best by date is located on the round side of the packaging and was sold to retail grocery stores in New York state beginning on March 15 and ending on May 24. The fish is a product of Russia.

The recall was initiated after routine sampling by New York state Department of Agriculture & Markets food inspectors. An analysis of the product by food laboratory personnel found the product to be positive for Listeria monocytogenes.

No illnesses have been reported to date.

The Canadian Food Inspection Agency (CFIA) and Agropur are warning the public not to consume the Il Villaggio brand Gorgonzola Dolce Cheese described below because it may be contaminated with Listeria monocytogenes.

The affected product, Il Villaggio brand Gorgonzola Dolce Cheese, imported from Italy, is sold in a 150 g package bearing UPC 67400 01454 9.

The following additional Best Before dates / Lot # are affected by this updated alert:

------------------------------------------------------------
Best Before date                                       Lot #
------------------------------------------------------------
13OC01                                            L011013149
------------------------------------------------------------
13SE24                                            L240913142
------------------------------------------------------------
13SE16                                            L160913134
------------------------------------------------------------
13SE09                                            L090913127
------------------------------------------------------------
13AU26                                            L260813113
------------------------------------------------------------
13AU19                                            L190813106
------------------------------------------------------------
13AU13                                            L130813100
------------------------------------------------------------
13AU05                                            L050813092
------------------------------------------------------------
13JL24                                            L240713080
------------------------------------------------------------
13JL17                                            L170713078
------------------------------------------------------------

This product has been distributed nationally.

There have been no reported illnesses associated with the consumption of this product.

A total of five persons infected with the outbreak strain of Listeria monocytogenes have been reported from four states. The number of ill persons identified in each state is as follows: Illinois (1), Indiana (1), Minnesota (2), and Ohio (1).

All five ill persons were hospitalized. One death was reported in Minnesota. One illness in a pregnant woman resulted in a miscarriage.

A collaborative investigation by local and state public health and regulatory agencies, CDC, and the U.S. Food and Drug Administration indicates that Les Frères, Petit Frère, and Petit Frère with Truffles cheeses made by Crave Brothers Farmstead Cheese Company is the likely source of this outbreak.

On July 3, 2013, Crave Brothers Farmstead Cheese Company of Waterloo, Wisconsin voluntarily recalled its Les Frères, Petit Frère, and Petit Frère with Truffles cheeses with make dates of July 1, 2013 or earlier due to possible Listeria monocytogenes contamination.

The recalled cheeses were distributed nationwide through retail and foodservice outlets as well as by mail orders.