The families of the more than 200 people who died after consuming listeriosis-contaminated have accused Tiger Brands of using every legal loophole available to avoid compensating its victims.
A woman who was pregnant when she was infected, says her daughter has suffered extensive neurological damage and has had numerous brain surgeries as a result of her hydrocephalus, a neurological disorder caused by an abnormal build up of spinal fluid in the brain. Monitha Ngobeni, said her daughter's healing and recovery process is painful and she would not wish it on her worst enemy.
Between 2017 and 2018, South Africa recorded the largest listeriosis outbreak, claiming the lives and 218 people and affected at least 1,000 more.
The outbreak was traced to a Tiger Brands facility based in Polokwane in Limpopo.
Richard Spoor Incorporated (RSI) Attorneys and LHL Attorneys, representing the claimants, said despite the findings, Tiger Brands has yet to act on the reports.
The legal teams have launched a campaign to get Tiger Brands to compensate the affected families.
RSI Senior Attorney Thamsanqa Malusi said Tiger Brands’ insurer has played a key role in the negotiations.
“Litigation is handled by the insurers and not Tiger Brands directly; an insurer has a vested interest in making sure that whatever money is earmarked for the settlement gains as much interest as possible before that money is paid over to the victims,” Malusi said.
He added that this case has been a travesty of justice.
“If there’s no immediate intervention, the condition of these victims is going to worsen. While Tiger Brands continues to make money, these children are suffering,” he said.
Tiger Brands said it remains committed to ensuring a resolution particularly the victims of listeriosis.
"As part of the overall endeavours to expedite a resolution, Tiger Brands’ legal team and the plaintiffs’ attorneys jointly approached the National Institute of Communicable Diseases (NICD) for access to their records relevant to the listeriosis outbreak. These records are vital to a determination of the class action," the company said.
It said in February, the NICD tendered the so-called FASTQ files relating to their investigation of the outbreak to the plaintiff’s attorneys in the class action.
Tiger Brands said these FASTQ files were shared with the attorneys representing the company’s insurers for review by their appointed experts. The experts’ review of the files remains ongoing.
"Tiger Brands’ legal team and the attorneys representing the plaintiffs in the class action continue to attend to pre-trial preparations to get the matter ready for trial, where liability will be determined by the Court. The Court will allocate a trial date once all necessary pre-trial procedures have been attended to and the matter is ready to proceed to trial.
"As the lawsuit is currently pending before the Courts, Tiger Brands is not in a position to comment further," Tiger Brands said.
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