Litigation in the listeriosis class action suit will proceed later this year while parties continue to build their case against Tiger Brands, with nearly 70 more official affidavits added to the matter.
Richard Spoor Inc Attorneys, a South African activist and human rights attorney in partnership with LHL Attorneys Inc and Marler Clark, confirmed they were waiting for a trial date but have urged potential claimants to submit affidavits to confirm which foods were consumed before falling ill.
Senior counsel for RSI attorneys Nilesthra Padayachee confirmed both parties have submitted pleadings while Tiger Brands maintained its non-liability for the outbreak, and that they hoped a trial date would be set before the end of the year.
“The parties have exchanged pleadings. Despite the overwhelming evidence against them, Tiger Brands has filed a plea denying liability for the outbreak…We are yet to receive any offers of settlement from the company.”
South Africa’s listeriosis outbreak in 2018 was the largest ever reported worldwide at the time, the World Health Organisation (WHO) said: out of 134 traced patients, 61 have died, reports the Cape Times.
Tiger Brands said: “Our legal team and the attorneys representing the plaintiffs are attending to pre-trial preparations to get the matter ready for trial, at which liability will be determined by the court.
“… to expedite resolution, Tiger Brands’ legal team and plaintiffs’ attorneys have reached agreement to jointly approach the NICD for access to their records, which are vital to a determination of the action. The release of these data is critical …”
On its website, giving an update to class claimants, RSI attorneys said it had introduced a new protocol for affidavits to confirm which foods were consumed before people got sick.
“Our field workers will be visiting clients who suffered miscarriages or stillbirths as a result of listeriosis, and those who lost an infant, and asking for the assessment prepared by psychologists to determine the psychological harm or mental distress experienced.”
Cape Times PressReader article – Listeria class action to go ahead later this year (Open access)
See more from MedicalBrief archives:
Child’s health declines as Tiger Brands listeriosis case drags on
Tiger Brands’ listeriosis victims in legal limbo for 3 years
SCA upholds listeriosis subpoena appeal against Tiger Brands