More than 1,000 Canadians join class-action lawsuits against Maple Leaf Foods

Published Thursday August 28th, 2008

TORONTO - Scores of Canadians are joining class-action lawsuits amid a massive recall of deli meat and an outbreak of the potentially deadly Listeria bacteria that has claimed five lives.

At least two lawsuits were announced in the Toronto area Wednesday, while another firm heading a major class-action said more than 1,450 people had joined as of Wednesday afternoon.

The lawsuits focus on Maple Leaf Foods, which has a Toronto plant that has been linked to the outbreak. The company has recalled all products made at the facility after tests found Listeria on two production lines that matched the strain involved in the outbreak.

The rapid growth of the Merchant Law Group class-action to nearly 1,500 is "shocking" and "unprecedented," said Tony Merchant, the lawyer heading the lawsuit.

While some of those who have joined lawsuits are getting tested for Listeria, it's a question of individual proof, Merchant said.

According to a statement of claim filed in Saskatchewan, 74-year-old Nadia Bishay died on July 18 from complications due to Listeria.

Bishay consumed a variety of foods, including Maple Leaf meats, and was admitted to an Ottawa hospital in June, where she developed a blood infection.

"Her face swelled like a balloon, liquids and pus seeped from her skin, and she was given several rounds of antibiotics," the statement reads.

"Sores and lesions opened up throughout her body and she became so gravely ill that even her family found their visits to her bedside to be horrific."

Her husband, Edward Bishay, said his wife of 45 years had been "sick, very sick," and he believes it came from food.

"The two doctors diagnosed her condition as Listeria and she got antibiotics for the Listeria," Bishay said. "Listeria is a very scary condition, and it's nasty."

Vince MacDonell, 49, of Manotick, Ont., said he joined a lawsuit after eating Maple Leaf cold cuts and becoming ill with an upset stomach, and suffering through "changes in bathroom routines" and hot and cold spells.

"I still haven't been feeling well," he said. "I've gone to see a doctor. He says (Listeria) is highly unlikely but we're going to try to rule it out."

MacDonell's results are due back on Thursday.

"It's the not knowing that's the unbelievable part here for everybody, including myself," he said. "This has touched almost everybody somehow. I'm not a happy camper about this at all."

MacDonell said he's not interested in the company's apologies but wants to know how the contamination happened so it can be avoided in the future.

"This happened and it should not have."

None of the claims in any of the lawsuits have been proven in court.

The law firm of Sutts, Strosburg in Windsor has also submitted at notice of action with a 53-year-old Ottawa woman as the plaintiff.

Sharon Strosburg an attorney with the firm says the woman and her son are ill from consuming at least three of the recalled meat products.

Ten deaths, all of them linked to the outbreak, remain under investigation to determine if they were caused by a bacterial infection that up until two weeks ago, the average Canadian had never even heard of.

Twenty-nine confirmed cases exist across Canada - 22 in Ontario, four in B.C., two in Quebec and one in Saskatchewan - while an additional 30 cases are classified as "suspect."

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