By Amy Musgrave
The Department of Health has welcomed the decision by Tiger Brands to finally settle the listeriosis class action, saying it brings finality and closure to the affected families whose loved ones succumbed died from the disease.
There was an outbreak of listeriosis in South Africa in 2017. It affected more than 820 people and claimed 218 lives after they ate contaminated processed food products, mainly polony and Vienna, produced at the Tiger Brands facility in Polokwane and distributed from their Germiston facility.
The Department acknowledges the roles of all parties involved including the National Institute of Communicable Disease (NICD), Tiger Brands, Richard Spoor Inc and LHL Attorneys who supported the victims and their families during a protracted legal process.
The offer was made by the attorneys representing Tiger Brands lead insurer, QBE Insurance Group Limited, last month. They made settlement offers to specific classes of claimants, the company said in a statement.
The current proposal provided for full compensation to claimants for all proven damages, subject to a settlement mechanism that still needed to be finalised – including how individual damages would be assessed.
No details of the offer and/or payment would be made public to support the privacy of the claimants.
The department said the NICD had provided the required necessary medical records to enable decision-making in the process during the investigation of the outbreak.
It has appealed to those with enough evidence suggesting a causal link between the outbreak of listeriosis and the loss of their loved ones, to come forward so that their clinical records can be accessed for assessment to establish if indeed they have a valid claim.
The RSI said in a statement that it welcomed what was effectively Tiger Brand’s admission of guilt.
It said before any settlement could be finalised, it must be presented to the high court, which will determine it fairness.
“While this process will require time, we remain confident that Tiger Brands’ renewed and demonstratable commitment to the victims will ultimately lead to a comprehensive resolution of all claims,” it said in a statement.
It has also called on victims to come forward.
Listeriosis is a serious, but treatable and preventable disease caused by the bacterium, Listeria monocytogenes. The bacteria is widely distributed in nature and can be found in soil, water and vegetation.
The department reiterated that the outbreak highlighted the importance of consistent and strict adherence with food safety practices in the processing and handling of ready-to-eat foods, especially for mass supply.
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