Lawyers: Deal Is Close In Listeria Lawsuits

Attorneys discuss near-settlement in Jensen Farms cantaloupe listeria outbreak from Holly, Colorado that killed 30 people and sickened 146—the deadliest foodborne outbreak in 25 years affecting 28 states. Marler believes 36 deaths are attributable. CDC's December count was 30 deaths; spokeswoman Lola Russell said the agency could revise if more evidence is presented. The proposed settlement would create a victims' fund of roughly $4 million: $2 million from Jensen Farms' insurer, with remainder from insurers of Pepper Equipment Corp. (which modified equipment) and Bio Food Safety (the auditing company). "I would say we are very close," said both Jim Markus, Jensen Farms attorney, and Marler, who represents 39 plaintiffs. He notes the projected $4 million fund isn't enough—his clients have amassed nearly $8 million in medical bills alone, not counting pain, suffering, and future costs. Tammie Palmer, whose 71-year-old husband Charles was diagnosed with listeria, says: "I'd like it done sooner than later. My husband's not getting any better. Will he ever recover? I doubt it."