Eastern Cape people affected by the world’s worst listeriosis outbreak in recorded history will also be able to join the class action lawsuit planned against Tiger Brands at no initial cost to themselves.
Johannesburg-based attorney firm Richard Spoor inc has joined up with a top American legal firm, Marler Clark, which specialises in food poisoning class actions, to file the lawsuit against Tiger Brands in connection with the ongoing outbreak.
Spoor says they are acting on behalf of those affected by the shocking listeria outbreak which infected an estimated 1000 people and resulted in the deaths of at least 180. This included the Eastern Cape.
His firm will act for the families of people who died after eating processed meat contaminated with listeria, as well as those who contracted listeriosis but survived. Health Minister Aaron Motsoaledi has indicated government would support such a lawsuit.
Motsoaledi recently announced that the source of the killer bacteria strain, listeriosis monocytogenes strain ST 6, had been meticulously tracked to Tiger Brand subsidiary, Enterprise food’s production facility in Polokwane‚ Limpopo.
Enterprise’s factory in Germiston was also affected. All processed meat products have subsequently been withdrawn.
Tiger Brands CEO Lawrence MacDougall recently denied there was a direct link between those who died and Enterprise products.
The giant packaged goods company’s spokeswoman Nevashnee Naicker did not respond to e-mailed questions on whether the company would defend a class action.
Spoor says the facts of the outbreak suited a class action particularly as many of the victims were poor and did not have access to legal services. It was also unlikely they would have access to attorneys or law clinics with the capacity to prosecute a long, complex and expensive trial against a large corporation like Tiger Brands.
He said the litigation would be funded by his own law firm and Marler Clark.
It would be done on a contingency fee agreement basis with all clients. A contingency fee agreement provides for a success fee for the attorney equal to twice their ordinary fee or 20% of the settlement amount, which ever is lower.
But Spoor said they were working on the basis that they would be able to recover fees and costs directly from the defendant (Tiger Brands) and that there would be no contribution made by clients.
“This is typically how we get paid in matters of this nature.”
The next step will be to ask the courts to certify the class action. In terms of a timeline, he said the certification could take three to four months, after which a class summons would be issued. From summons to trial typically took two to three years.
Spoor said Marler Clark was a very “well-resourced firm” and “it is important for the defendant to understand that it cannot hope to defeat us by chasing up the cost of the litigation in order to deplete our resources and capacity to litigate”.
He said they would go wherever the clients were situated including the Eastern Cape to meet, consult and take instructions.
He said anyone interested in participating in the class action could e-mail or phone his Johannesburg-based firm.
Listeria: families can join legal suit
Johannesburg-based attorney firm Richard Spoor inc has joined up with a top American legal firm, Marler Clark, which specialises in food poisoning class actions, to file the lawsuit against Tiger Brands in connection with the ongoing outbreak.
Spoor says they are acting on behalf of those affected by the shocking listeria outbreak which infected an estimated 1000 people and resulted in the deaths of at least 180. This included the Eastern Cape.
His firm will act for the families of people who died after eating processed meat contaminated with listeria, as well as those who contracted listeriosis but survived. Health Minister Aaron Motsoaledi has indicated government would support such a lawsuit.
Motsoaledi recently announced that the source of the killer bacteria strain, listeriosis monocytogenes strain ST 6, had been meticulously tracked to Tiger Brand subsidiary, Enterprise food’s production facility in Polokwane‚ Limpopo.
Enterprise’s factory in Germiston was also affected. All processed meat products have subsequently been withdrawn.
Tiger Brands CEO Lawrence MacDougall recently denied there was a direct link between those who died and Enterprise products.
The giant packaged goods company’s spokeswoman Nevashnee Naicker did not respond to e-mailed questions on whether the company would defend a class action.
Spoor says the facts of the outbreak suited a class action particularly as many of the victims were poor and did not have access to legal services. It was also unlikely they would have access to attorneys or law clinics with the capacity to prosecute a long, complex and expensive trial against a large corporation like Tiger Brands.
He said the litigation would be funded by his own law firm and Marler Clark.
It would be done on a contingency fee agreement basis with all clients. A contingency fee agreement provides for a success fee for the attorney equal to twice their ordinary fee or 20% of the settlement amount, which ever is lower.
But Spoor said they were working on the basis that they would be able to recover fees and costs directly from the defendant (Tiger Brands) and that there would be no contribution made by clients.
“This is typically how we get paid in matters of this nature.”
The next step will be to ask the courts to certify the class action. In terms of a timeline, he said the certification could take three to four months, after which a class summons would be issued. From summons to trial typically took two to three years.
Spoor said Marler Clark was a very “well-resourced firm” and “it is important for the defendant to understand that it cannot hope to defeat us by chasing up the cost of the litigation in order to deplete our resources and capacity to litigate”.
He said they would go wherever the clients were situated including the Eastern Cape to meet, consult and take instructions.
He said anyone interested in participating in the class action could e-mail or phone his Johannesburg-based firm.
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