An agreement has been struck for Tiger Brands to compensate some of those seriously affected by the world’s largest Listeria outbreak in South Africa more than six years ago.
Tiger Brands, Richard Spoor Inc. and LHL Attorneys have reached a deal for payments to be made to an initial group of people seeking interim assistance to address urgent medical needs.
Discussions are ongoing to extend relief to other qualifying claimants in similar situations.
No details of the payments will be made public.
The listeriosis outbreak began in 2017 and was officially declared over in September 2018, with 1,065 confirmed cases and at least 218 deaths.
People contracted Listeria monocytogenes infections after eating a contaminated ready-to-eat meat product called polony, made at a factory in Polokwane by Enterprise Foods. Polony is similar to bologna. At the time of the outbreak, Enterprise Foods was owned by Tiger Brands, but the business was sold in 2020.
“We are glad to have open lines of communication with the defendants, at this critical time in the class action. This is an important inroad and a first step in the parties’ efforts toward justice for the victims of the listeriosis outbreak. The interim advance payments will go some way towards relieving the acute needs of the recipients,” said Richard Spoor, founding director of Richard Spoor Inc.
The class action is at the first stage which will deal with liability. If the firm is found to be liable, damages will be handled at a second stage.
In late October 2024, Tiger Brands reported that the company’s attorneys were in contact with the plaintiffs’ attorneys, which are Richard Spoor Inc. and LHL Attorneys.
Potential for broader resolution
Tjaart Kruger, chief executive officer of Tiger Brands, said the legal process has proved long and arduous.
“Even though liability has not yet been determined and Tiger Brands has no legal obligation to provide interim relief at this stage in the class action, the interim advance payment to a number of claimants with urgent needs recognizes the debilitating circumstances in which they find themselves. Where the company has been provided with required information and documentation to enable decision-making in the process, we will act swiftly.”
In January 2023, attorneys representing Tiger Brands and its insurers as well as attorneys from the plaintiff, Richard Spoor Inc., approached the National Institute for Communicable Diseases (NICD) for access to records relevant to the listeriosis outbreak.
Kruger said efforts are ongoing on a broader resolution of the class action in total.
“We are particularly pleased to report that progress has been made in our longstanding efforts to gain access to the NICD’s records relating to their investigation of the listeriosis outbreak. The NICD has agreed to cooperate with us and will be making their records available to the parties as soon as possible. We believe that access to the NICD’s records will greatly assist the parties in moving the matter forward.”
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