Along with Joe and Phil Sapien, Marler Clark law firm filed suit at the end of 2011 on behalf of Susanna Gaxiola, whose husband Rene passed away after becoming severely ill from eating Listeria contaminated cantaloupes.  Mrs. Gaxiola’s suit is the 10th filed by Marler Clark, and the 2nd cantaloupe listeria wrongful death lawsuit that the firm has filed in New Mexico.  It is the 7th wrongful death suit filed nationally.  Mrs. Gaxiola spoke to Todd Unger at KOAT, ABC’s affiliate in Albuquerque. See Widow of Listeria Victim Speaks Out on Husband’s Death.

Rene Gaxiola consumed cantaloupe that was produced by Jensen Farms in the weeks leading up to his illness. On September 7, 2011, Mr. Gaxiola began experiencing symptoms of Listeria illness such as fever, chills, cramps, and diarrhea. The same day his condition worsened rapidly and his wife Susanna took him to Lovelace Hospital in Albuquerque, where he became disoriented, unable to communicate, and his temperature rose to over 106 degrees. Over the next three days Mr. Gaxiola’s condition continued to deteriorate and he died in the hospital on September 10. The lawsuit states that blood samples tested positive for a strain of Listeria associated with a multistate cantaloupe outbreak.