Proposed class action targets Maple Leaf

LISTERIA

COLIN PERKEL

The Canadian Press

October 23, 2008

TORONTO -- Disturbing accounts of death by listeria poisoning are contained in court documents filed in support of a proposed class-action lawsuit against Maple Leaf Foods, whose recalled tainted meat products are linked to a listeriosis outbreak that claimed 20 lives across Canada.

"She was convulsing. My mother took three breaths of air, then passed away with her eyes shut," Diane Weinkauf states in describing the death of her mother Elizabeth Schroh in Unity, Sask., in August.

Ms. Weinkauf, whose affidavit was obtained yesterday, is seeking to become a representative plaintiff "to seek justice for families and individuals that have suffered a loss or been very ill due to the defendant's carelessness."

The claims have not been proved in court.

According to the affidavit, Ms. Schroh, 82, contracted the bacterial poisoning from tainted Maple Leaf meat, including a turkey sandwich, fed to her in hospital. The statement said Ms. Schroh had diabetes and a blood disease but was doing well until then.

In an interview from Swift Current, Sask., Ms. Schroh's son Dennis Schroh blamed the federal government for changes made to the food inspection system and the company for producing the tainted products.

"The government is the one that had the gun and Maple Leaf had the bullets," Mr. Schroh said.

"It finished her off. I want justice, simple as that. Stuff like this should never be happening again."

Regina lawyer Tony Merchant, who is handling the proposed action, said more than 4,500 people across Canada have signed on to the proposed action.

The claims, filed separately in six provinces, accuse Maple Leaf of negligence. The action filed in Ontario specifies $350-million in general and special damages.

"We don't believe that it's necessary to show negligence with something like food; there's a higher level of safety required, so if something goes wrong, then compensation should follow," Mr. Merchant said.

Maple Leaf CEO Michael McCain has apologized for the outbreak that's been linked to a company plant in Toronto, and has said his company would take full responsibility.

Linda Smith, a spokeswoman for the company, said "the recall was announced within hours of positive tests coming back."

The federal food agency told the company Aug. 12 it was investigating, Ms. Smith said yesterday.

The following day, the company issued an "early alert" to distributors and retailers asking them to put a hold on the suspected products, she added.

Tests confirmed contamination Aug. 16.

Mr. Merchant said those affected by listeria poisoning had been signing on to the proposed action via a website and through calls or letters to his office. He said he wants the action certified "as quickly as possible."

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