Food-borne illness cases are becoming an increasingly serious issue in Indiana. The latest scare involves a product sold at one of the nation’s largest retailers: Walmart. Walmart recently issued a recall on ready-to-eat Marketside Broccoli Florets in Indiana and several other states.
The recall was issued due to possible contamination with Listeria monocytogenes, a dangerous bacterium known to cause serious illness. The product recall highlights growing concerns about food safety, as this is not the first time Indiana consumers have been affected by such incidents.
Details of the Product Recall
The recall was triggered after a quality test at a Walmart store revealed Listeria monocytogenes contamination in a 12-ounce bag of Marketside Broccoli Florets. These ready-to-eat broccoli bags, marked with a “best by” date of December 10, 2024, were sold at Walmart locations across 20 states, including Indiana.
The recall impacted more than 1,000 Walmart stores, highlighting the widespread reach of this food safety issue. While the product is no longer on store shelves, the U.S. Food and Drug Administration (FDA) has warned consumers who may have frozen the broccoli for later use to discard it immediately.
The FDA notice, dated December 31, 2024, stated: “This product is past its best-if-used-by date and is no longer in stores, but consumers may have frozen it for later use. Consumers who have this product in their freezers should not consume it and discard it.”
What to Do if You Have the Affected Product
If you purchased Marketside Broccoli Florets with a best-by date of December 10, 2024, the FDA advises:
- Do not consume the product, even if it has been frozen.
- Discard the product immediately to prevent accidental ingestion.
- Monitor yourself or your family for any symptoms of Listeriosis, mainly if the product was consumed.
- If symptoms develop, seek medical attention promptly.
What is Listeria and Why is it Dangerous?
Listeria monocytogenes thrives in cold environments, making it particularly dangerous in refrigerated or ready-to-eat foods. Listeriosis is an infection usually contracted through the consumption of contaminated food products. While healthy individuals may experience mild symptoms like fever, muscle aches, and gastrointestinal issues, the disease can be devastating for specific populations.
Who is at risk?
- Pregnant women: Listeria can lead to miscarriage, stillbirth, or severe infections in newborns.
- Older adults: Individuals aged 65 or older are at higher risk of severe complications.
- Immunocompromised individuals: Those with weakened immune systems due to conditions like cancer, HIV/AIDS, or organ transplants face heightened risks.
- Infants: Newborns are particularly vulnerable if exposed in utero or during delivery.
In severe cases, Listeriosis can result in sepsis, meningitis, or even death, underscoring the importance of immediate medical attention and swift legal action if a contamination-related illness occurs.
Product Liability Laws in Indiana Related to Food-Borne Illnesses
Strict Liability for Defective Products
Under Indiana law, food manufacturers and distributors can be held strictly liable for injuries caused by contaminated or defective food products. According to Indiana Code § 34-20-2-3, a manufacturer is strictly liable if the product sold is defective and unreasonably dangerous, even if the manufacturer exercised all possible care during production. This applies to cases involving bacteria like Listeria monocytogenes in contaminated food.
Negligence in Food Production and Distribution
Food producers may also face liability for negligence if they fail to follow proper safety protocols. Negligence claims often arise from unsanitary production facilities, inadequate food safety testing, or improper handling and storage of perishable goods. In food-borne illness cases, plaintiffs must show the producer breached its duty of care, directly causing the illness.
Breach of Warranty Claims
Indiana product liability law recognizes implied and express warranties, particularly for food items. Implied warranties ensure that food products are fit for human consumption. If contaminated food violates these warranties and causes harm, victims may have grounds for a breach of warranty claim.
Time Limitations for Filing Claims
Victims of food-borne illnesses must act quickly due to Indiana’s statute of limitations. Claims for personal injury or wrongful death must generally be filed within two years of the incident, as outlined in Indiana Code § 34-11-2-4. Prompt action is essential to preserve evidence and protect your legal rights.
Indiana’s product liability laws provide an opportunity for food-borne illness victims to seek justice and fair compensation.
Why Choose Our Listeria Illness Lawyers at Wagner Reese in Indiana?
At Wagner Reese, we understand the physical, emotional, and financial toll that Listeria contamination can impose on victims and their families. Here’s how our firm stands out in handling these complex claims:
Knowledge of Food Safety Regulations
Our Listeria attorneys possess an in-depth understanding of federal and state food safety laws, including FDA regulations and Indiana-specific statutes. We use this knowledge to identify violations, uncover negligent practices, and hold food manufacturers and distributors accountable for contamination that leads to illness.
Experience in Handling Listeria Contamination Claims
Since 1997, our firm has been a trusted ally for injured victims, including those affected by food-borne illnesses. We have decades of experience fighting for justice and financial compensation for clients affected by disease, injury, or wrongful death resulting from the negligence of others. Our dedication to our client’s rights has earned us numerous accolades, including:
- Membership in the Multi-Million Dollar Advocates Forum
- Recognition in Super Lawyers®
- Inclusion in The Best Lawyers in America©
- Ranking by U.S. News & World Report’s Best Law Firms
Our track record demonstrates our ability to handle the most challenging product liability cases while ensuring compassionate, client-centered representation.
High-Powered Representation Against Large Corporations
Listeria illness and other product liability claims may involve large corporations with extensive legal resources. Wagner Reese has the skills, resources, and determination to take on even the most well-funded defendants. With over $300 million recovered, we have delivered life-changing results, including several multi-million dollar verdicts and settlements for injured victims.
We don’t back down from a fight. Our experienced attorneys in Indiana diligently investigate every case, work with medical and industry experts, and build compelling arguments to recover the maximum compensation you are entitled to.
Take Action Today
If you or a loved one has been affected by the recent Listeria contamination, our seasoned Indiana product liability attorneys at Wagner Reese are ready to fight for your rights and hold negligent parties accountable for maximum damages. Reach out to us today—there are no upfront costs, and you only pay if we win your case. To schedule your free consultation, call us or fill out our form.