Walmart Broccoli Listeria Wrongful Death Lawsuit Attorney

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Walmart Broccoli Listeria Wrongful Death Lawsuit Attorney

Consumers Urged to Discard Potentially Dangerous Marketside Broccoli Florets Over Listeria Contamination

A serious food safety alert has been issued regarding Marketside Broccoli Florets sold at Walmart after the U.S. Food and Drug Administration (FDA) escalated its recall classification to the highest threat level. The recall, which began on December 27, was initially announced by Braga Fresh, the supplier of the product, and has now been deemed a Class I recall—a classification reserved for situations where a product could cause serious health risks or death.

The recall affects 12-ounce bags of Marketside Broccoli Florets, marked with UPC code "6 81131 32884 5" and a best-by date of December 10, 2024. These products, distributed at Walmart stores in 20 states, may be contaminated with Listeria monocytogenes, a dangerous bacteria known to cause listeriosis, a severe infection that poses significant health risks to vulnerable populations.

Although the recalled broccoli is no longer available for purchase, the FDA warns that consumers may have frozen the product for future use. Those who still have it in their freezers are strongly advised to dispose of it immediately to prevent exposure to the potentially deadly bacteria.

The Danger of Listeria Contamination in Recalled Broccoli

The discovery of Listeria monocytogenes in Marketside Broccoli Florets was made during random testing conducted by Texas Health & Human Services, which found a positive sample at a Walmart store in Texas. While no illnesses have been reported so far, the risk associated with Listeria contamination is severe.

Listeria is particularly dangerous for pregnant women, the elderly, and individuals with weakened immune systems. In pregnant women, exposure to Listeria can lead to miscarriages, stillbirths, and severe infections in newborns. In older adults and those with compromised immune systems, listeriosis can cause meningitis, severe bloodstream infections, and even death.

Even healthy individuals can experience high fever, severe headaches, nausea, abdominal pain, diarrhea, and muscle stiffness after consuming contaminated food. Symptoms may appear anywhere from a few days to several weeks after exposure, making it difficult for consumers to immediately connect their illness to the recalled product.

Walmart has responded by assuring consumers that it is working with Braga Fresh to investigate the matter. The company emphasized that customer safety remains its top priority and reiterated the importance of discarding the recalled broccoli to prevent potential illness.

Legal Options for Consumers Affected by Listeria Contamination

When contaminated food products are sold to the public, manufacturers and retailers can be held accountable under product liability laws. Victims who develop listeriosis after consuming the recalled Marketside Broccoli Florets may have legal grounds to seek compensation for their medical expenses, lost wages, and other damages.

Product liability claims related to food contamination often fall into one of the following legal categories:

  • Manufacturing Defect: If a product becomes contaminated during production or packaging, the manufacturer may be liable for failing to maintain a safe environment.
  • Failure to Warn: If a company fails to promptly alert consumers of a contamination risk, it can be held responsible for the harm caused.
  • Negligence: If a company fails to follow proper safety regulations, quality control procedures, or food safety testing, it may be found negligent in causing harm to consumers.

To file a claim, victims must first establish a clear link between their illness and the contaminated product. This requires medical documentation, proof of purchase, and evidence that the food was consumed before the illness occurred. The lawsuit process can be complex, as companies may attempt to deny liability or argue that the contamination was not the cause of the illness. Why Victims Need an Attorney to Hold Negligent Companies Accountable Foodborne illness lawsuits require strong legal representation to challenge large corporations that manufacture and distribute contaminated products. An attorney can help victims by collecting the necessary evidence, consulting with medical experts, and negotiating with companies that may try to avoid liability. The legal process typically begins with a formal complaint outlining the allegations against the manufacturer or distributor. From there, evidence collection and witness testimony play a critical role in proving the connection between the product and the illness. In many cases, companies prefer to settle out of court rather than face trial, but an attorney ensures that victims receive fair compensation for their suffering. Victims may be eligible to recover damages for:

  • Medical Expenses: Covering the cost of hospitalization, treatments, and medications for listeriosis.
  • Lost Wages: Compensation for time missed from work due to illness.
  • Pain and Suffering: Damages for physical pain, emotional distress, and the impact on quality of life.
  • Wrongful Death: Families who have lost a loved one due to listeriosis may be able to seek compensation for funeral costs and emotional suffering.

If you or a loved one became ill after consuming Marketside Broccoli Florets sold at Walmart, you may be entitled to significant compensation. The national product injury law firm Parker Waichman LLP is committed to holding negligent manufacturers accountable and protecting the rights of consumers harmed by contaminated food.

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Contact us by calling 1-800-YOUR-LAWYER (1-800-968-7529) today for a free, no-obligation consultation and find out how our legal team can help you seek justice. Regardless of your where your injury occurred, our national product injury law firm is ready to assist you. 

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