The outbreak of listeriosis seven years ago was one of the largest in the world. South Africa’s largest food producer, Tiger Brands, has recently agreed to settle claims from certain groups in the listeriosis class-action lawsuit, seven years after the country experienced the world’s deadliest listeriosis outbreak.
The outbreak occurred in 2017-18 and resulted in 218 deaths out of more than 1,000 infections due to people consuming contaminated processed food products, primarily polony cold meat and vienna sausages, produced at the Tiger Brands facility in Polokwane and distributed from its Germiston facility.
On Monday, Tiger Brands confirmed that attorneys representing its lead reinsurer, QBE Insurance Group Limited, had presented a settlement offer to the plaintiffs’ attorneys as part of a roadmap to a possible overall resolution of the listeriosis class action. The settlement offer includes an undertaking to pay compensatory damages to claimants affected by listeriosis caused by the outbreak strain.
The listeriosis class-action attorneys welcomed Tiger Brands’ effective admission of liability for the outbreak and commended the company, its shareholders, and insurers for agreeing to compensate victims. The settlement offer is subject to certain conditions and has been made without admission of liability, providing full and final settlement of the claims of the claimants.
Tjaart Kruger, the chief executive of Tiger Brands, stated that the announcement represented an important milestone and demonstrated the company’s commitment to working closely with insurers to explore a resolution of the entire class action. The process to present the offer to qualifying claimants is expected to take several weeks, with arrangements to quantify damages following in the ensuing weeks.
The class action is being managed in two stages, with the first stage determining liability by the court. Only if Tiger Brands is found liable will the issue of causation arise in the second stage, along with an assessment of compensation for qualifying claimants. Tiger Brands’ decision to settle claims was based on the investigative work of the National Institute of Communicable Diseases (NICD), under the direction of Health Minister Aaron Motsoaledi, which conclusively traced the outbreak to Tiger Brands’ Polokwane facility.
Overall, the settlement offer represents a significant step towards justice for victims of the listeriosis outbreak and highlights the importance of corporate accountability and responsible citizenship in addressing public health crises. The National Institute for Communicable Diseases (NICD) has completed its investigation into the listeriosis outbreak, providing evidence that Tiger Brands’ own experts have reviewed. This evidence has led to a settlement offer being made by Tiger Brands in an effort to resolve all claims related to the outbreak.
However, before the settlement can be finalized, it must be presented to the high court for approval. The court will determine the fairness of the settlement to ensure the interests of all class members are protected. Despite the time-consuming nature of this process, the listeriosis class attorneys are confident that Tiger Brands’ commitment to the victims will ultimately lead to a comprehensive resolution of all claims.
While this settlement offer is a significant breakthrough, challenges still remain. Many victims of the outbreak have not yet come forward, making it difficult to identify and locate them. Health Minister Motsoaledi has expressed his commitment to assisting in this process by providing department of health records to help confirm and trace victims.
The Department of Health has welcomed Tiger Brands’ decision to settle the class action, bringing closure to the affected families who lost loved ones to this preventable disease. The department acknowledged the efforts of all parties involved, including the NICD, Tiger Brands, Richard Spoor Inc, and LHL Attorneys, for prioritizing the needs of the victims and their families throughout the legal process.
The NICD is playing a crucial role in providing medical records to facilitate decision-making during the investigation of the outbreak. The department is urging those with evidence linking the outbreak to the loss of their loved ones to come forward and provide their clinical records for assessment. This will help determine if they have valid claims eligible for settlement and bring closure to their grief.
Listeriosis is a serious disease caused by the bacterium Listeria monocytogenes, which is commonly found in soil, water, and vegetation. The outbreak highlighted the importance of strict adherence to food safety practices, especially in the processing and handling of ready-to-eat foods for mass supply.
In conclusion, the efforts of all parties involved in the settlement offer are aimed at bringing closure to the victims and their families affected by the listeriosis outbreak. Through collaboration and commitment, a comprehensive resolution of all claims is within reach, ensuring justice and support for those impacted by this devastating disease.
