As of January 10, 2015, the CDC reports a total of 32 people infected with the outbreak strains of Listeria monocytogenes had been reported from 11 states:  Arizona (4), California (2), Minnesota (4), Missouri (5), Nevada (1), New Mexico (6), North Carolina (1), Texas (4), Utah (1), Washington (1), and Wisconsin (3).

  • Thirty-one ill people have been hospitalized, and seven deaths have been reported. Listeriosis contributed to at least three of these deaths.
  • Ten illnesses were pregnancy-related (occurred in a pregnant woman or her newborn infant), with one illness resulting in a fetal loss.
  • Three invasive illnesses (meningitis) were among otherwise healthy children aged 5–15 years.
  • To date, 25 (89%) of the 28 ill people interviewed reported eating commercially produced, prepackaged caramel apples before becoming ill.

The Public Health Agency of Canada (PHAC) has identified 2 cases of listeriosis in Canada with the same PFGE patterns as seen in the U.S. outbreak.

On January 9, 2015, according to Bidart Bros., the United States Food and Drug Administration (FDA) announced the results of findings from additional tests performed on samples collected from Bidart Bros. apple processing plant near Bakersfield, California. Test results confirm two strains of Listeria monocytogenes were found at the apple processing facility and are believed to be the same strains associated with the outbreak. Those same strains were also found in Bidart Bros. apples collected from a retailer by the FDA.

The CDC recommends that consumers not eat any of the recalled Granny Smith and Gala apples produced by Bidart Bros. and that retailers not sell or serve them.

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeria outbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria and other foodborne illness outbreaks and have recovered over $600 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Listeria lawyers have litigated Listeria cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, cheese, celery and milk.  On December 22, 2014, we filed a wrongful death lawsuit against Safeway Inc, in the Superior Court of Santa Cruz on behalf of James Raymond Frey, 87, and the estate of his deceased wife, Shirlee Jean Frey, 81, who died tragically on December 2, 2014 after consuming a Listeria-tainted caramel apple purchased at the Safeway in Felton, California. The case number is CISCV180721.   The complaint was amended on December 29, 2014 to add in two additional parties – Happy Apple and Bidart Brothers.