In the latest saga of the drawn-out listerioris case, the Gauteng High Court has ordered the release of confidential medical records to the legal team in the class action against Tiger Brands, reports The Star.
Meanwhile, a supplier to a major national supermarket is likely to be slapped with a R1m fine for listeria-contaminated products that resulted in a massive recall in 2024.
At least 218 lives were lost to the 2017 outbreak, linked to the Tiger Brands Enterprise processing facility in Polokwane, and the class action – involving hundreds of people who claimed they became ill or lost loved ones from contaminated food – has been lingering for several years.
Tiger Brands has presented settlement offers to some of them.
In the most recent chapter of the proceedings, 16 claimants approached the court in a bid to obtain medical records linked to the case.
The application was aimed against the National Health Laboratory Service, the Minister of Health, and Tiger Brands-related entities.
The class action was certified in 2018, but the trial has not yet got off the ground.
Judge Stuart Wilson has now been asked to release the medical information of some of the victims under section 14 (2) (b) of the National Health Act. That provision permits a court to order the disclosure of confidential medical information concerning a “user” of healthcare services to any other person, on appropriate terms and conditions.
The applicants said one of the steps necessary before the matter goes to trial is the disclosure of material relating to an investigation by the National Health Laboratory Services (NHLS) and the National Institute for Communicable Diseases (NICD), which traced the listeriosis outbreak back to a Tiger Brands food processing centre.
The material is likely to be evidence in the action itself, and access will allow the applicants’ legal representatives to trace members of the class who have not yet been identified, they said.
The class action is an “opt-out” action, and so it is necessary to trace the putative members of the class, allowing them a meaningful opportunity to opt out. However, if they do not opt out, they will receive any damages that may ultimately be due to them.
The applicants wanted the disclosure of the medical records to their legal representatives on terms and conditions meant to preserve the confidentiality of those who may be identifiable from it.
The material sought is set out in a draft subpoena and is likely to contain information about individuals tested for listeriosis as part of the NHLS/NICD investigation, Judge Wilson noted.
“It seems to me that the privacy interests of the individuals who may be identifiable from the information sought by the applicants are outweighed by the interest the applicants and other members of the class have in accessing the information for the purposes of the class action,” he said.
He added that disclosure of the records would benefit those whose privacy interests the law is meant to protect, at least insofar as it will enable them to exercise a meaningful choice about whether to opt out of the class action.
“The disclosure of the confidential information is, naturally, only justified to the extent necessary to allow the parties and their legal representatives to assess the conduct of the investigation and to trace any members of the class who have not yet been contacted by the applicants’ attorneys,” he said.
He noted that the order sought contained appropriate safeguards to ensure the information would only be used by the parties’ legal representatives for purposes connected with the class action, and that any person receiving the information for those purposes makes an undertaking to keep that information confidential.
Tiger Brands supported the application.
Huge fine after more contamination
This comes with the latest scandal linked to listeriosis, and the news that fines of more than R1m may be levied on a supplier of hummus to Shoprite Checkers after a major recall of its products – in 2024 – which were found to contain listeria.
Business Tech reports that the National Consumer Commission (NCC) has referred the supplier, BM Foods, to the National Consumer Tribunal for adjudication after an investigation.
At the time, Shoprite had initiated a recall after lab-testing confirmed the presence of listeria monocytogenes in the hummus.
The NCC said its investigation was prompted by information suggesting the supplier might have contravened the provisions of the Consumer Protection Act (CPA).
Acting Commissioner Hardin Ratshisusu said that suppliers of foodstuffs have an obligation under the CPA and applicable regulations to supply goods that are safe and do not pose a risk to consumers.
The NCC has asked the Tribunal to levy a fine of R1m or 10% of BM Foods’ annual turnover, whichever is higher.
See more from MedicalBrief archives:
Tiger Brands to settle some listeriosis claims – seven years later
Tiger Brands in talks to pay urgent listeriosis medical bills
Finally, first payments agreed for listeriosis victims
Still no regulatory changes despite 200 listeriosis deaths
‘Overwhelming evidence’, but listeriosis case still on pause