Listeriosis: settlement offers made to claimants

IN A BID to resolve the listeriosis class action lawsuit stemming from the 2017 outbreak, which resulted in the loss of 218 lives, including babies, Tiger Brands has presented settlement offers to some of the affected claimants.

The outbreak started at Tiger Brands Enterprise Foods facility in Polokwane facility in 2017/18.

In 2018, Kyle, 31, and Amelia Victor, 33, from the KZN South Coast, made the heart-breaking decision to take their daughter, Summer, off life support.

She had contracted listeriosis while still in the womb. This was after her mother had eaten contaminated polony. The couple had joined the class action.

In a statement, Tiger Brands confirmed that “the attorneys representing its lead reinsurer (QBE Insurance Group Limited) have presented a settlement offer to the plaintiffs’ attorneys as part of a road-map to a possible overall resolution of the listeriosis class action".

They said that those who suffered the following damage as a result of listeriosis caused by genotype L1-SL6-ST6-CT4148 of Listeria monocytogenes (ST6) would receive settlement offers:

- Claimants who contracted (or whose mothers contracted) listeriosis caused by ST6;

- Claimants whose legal breadwinners, on whom they were legally dependent, died of listeriosis caused by ST6. Claimants whose legal dependents, who were in their care, and who contracted listeriosis caused by ST6.

“The settlement offer, which was made on April 25, includes an undertaking to pay the claimants’ proven or agreed compensatory damages in terms of section 61 of the Consumer Protection Act 68 of 2008,” read the statement.

However, Tiger Brands said the offer did not mean they had accepted liability and due to privacy details offers or payments would not be made public. 

“The offer is subject to certain conditions and has been made without admission of liability and in full and final settlement of the claims of the claimants,” read the statement. 

Tiger Brand said they were working towards a timely implementation of the offers and settlement, provided they accepted the offers. 

“It is expected that the process to present the offer to these qualifying claimants would take several weeks, and that arrangements to quantify their damages would follow over the ensuing weeks.

“The class action, which is being managed in two stages, is still at the first stage during which liability is to be determined by the court. Only if Tiger Brands is found to be liable will the issue of causation arise, in the second stage of the class action, as well as an assessment of compensation payable to qualifying claimants for damages suffered,” read the statement. 

Richard Spoor Incorporated (RSI) Attorneys and LHL Attorneys, who launched the class action lawsuit against the food giant and now represents over 1 000 claimants, said they were glad to see the case move forward.

“We welcome Tiger Brands' effective admission of liability for the world’s deadliest listeriosis outbreak in 2017/2018, which claimed the lives of over 200 persons, primarily children, and impacted more than a 1 000 South Africans.

“Tiger Brands' decision to settle claims is based on the incredible investigative work of the National Institute of Communicable Diseases (NICD), under the direction of the Minister of Health, Dr Aaron Motsoaledi. Their scientific investigation, which conclusively traced the outbreak to Tiger Brands’ Polokwane facility, has been internationally peer-reviewed and praised. These findings have since been confirmed by world-renowned epidemiologists, including Tiger Brands’ own experts,” said Spoor.

They commended Tiger Brands, its shareholders, and insurers for agreeing to compensate victims. 

“This reflects a positive move towards corporate accountability, responsible citizenship and justice for victims. The current proposal provides for full compensation to claimants for all proven damages, subject to a settlement mechanism that still needs to be finalised, including how individual damages would be assessed and how claimants will be categorised under the settlement structure.

“Before any settlement can be finalised, it must be presented to the high court, which will determine its fairness as the ultimate guardian of class member interests. While this process will require time, we remain confident that Tiger Brands’ renewed and demonstrable commitment to the victims will ultimately lead to a comprehensive resolution of all claims,” said Spoor.

Foster Mohale, the spokesperson for the Department of Health, commended Tiger Brands' decision to move forward. 

“We welcome the decision by Tiger Brands to finally settle the listeriosis class action, which represents an important milestone to bring this lengthy legal matter to finality and closure to the affected families whose loved ones succumbed to this deadly, but preventable and treatable disease,” said Mohale. 

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