Sep 15, 2011 1:15 PM by James H Egbert

First lawsuit connected to Listeria poisoning filed in El Paso County

While stores in Colorado, Nebraska, Oklahoma and Texas, are working to clear the shelves of Cantaloupes that may be tainted with Listeria a law firm based in Seattle Wa. representing the Palmer family in Colorado Springs has filed a suit against Jensen Farms, Inc.

The suit was filed in the El Paso County Courts early Thursday by the Montgomery Little & Soran law firm working with the Marler Clark firm based in Seattle WA.  Attorney Bill Marler is a food poisoning attorney who champions the cause of children and other people sickened by E. coli, Salmonella and other food-borne illness across the US.

According to a statement released by Marler's office, Charles and Tammy Palmer purchased a cantaloupe from a Wal-Mart grocery store in northern Colorado Springs in mid August. Over the following few days Mr. Palmer ate the cantaloupe and days later he fell ill.

"His condition quickly worsened, and by the morning of August 31, 2011, he became non-responsive. He was transported by ambulance to the hospital, where he remains as of today. Mr. Palmer has tested positive for Listeria monocytogenes," said Marler in a written statement.

There have been a total of 15 confirmed cases of Literia monocytogenes in Colorado, Oklahoma, Nebraska and Texas including one confirmed Colorado death. There have also been at least 9 Listeria illness related cases with three deaths in New Mexico but it has not yet been confirmed if these are related to the same recall or broader cantaloupe outbreak.



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