Montreal man launches class-action lawsuit amid salmonella outbreak linked to cantaloupes — what to know

The lawsuit seeks compensation for anyone in Quebec who purchased or consumed the recalled cantaloupes.

This article is for informational purposes only and is not a substitute for professional medical advice, diagnosis or treatment. Contact a qualified medical professional before engaging in any physical activity, or making any changes to your diet, medication or lifestyle.

A Montreal man has launched a class-action lawsuit against two companies involved in the on-going salmonella outbreak linked to cantaloupes in Canada and the United States. (Photo via Getty Images)
A Montreal man has launched a class-action lawsuit against two companies involved in the on-going salmonella outbreak linked to cantaloupes in Canada and the United States. (Photo via Getty Images)

A Montreal man has launched a class-action lawsuit against two companies involved in a salmonella outbreak in Canada linked to cantaloupes, after he said he was hospitalized by consuming the recalled fruit.

Filed in Superior Court in Montreal on Dec. 12, the suit alleged the cantaloupes he ate were linked to an on-going salmonella outbreak that has hospitalized dozens and killed at least seven people in Canada.


What's happening?

The man, according to the court document, ate two cantaloupes during the week of Nov. 6, CTV News reported. Afterwards, he experienced "severe" gastrointestinal symptoms, including abdominal pain, diarrhea, vomiting and fever. He was then admitted to Montreal's Verdun Hospital emergency room on Nov. 12, where he stayed a following six days to be treated in the infectious diseases section.

The lawsuit, which must be authorized by a judge before it can proceed, named Sofia Produce LLC and Agropecuaria Malichita as defendants. The former is a produce exporter in Nogales, Ariz. which does business as TruFresh, while the latter is based in northwestern Mexico and grows the recalled Malichita and Rudy-branded cantaloupes.

"The defendants had a duty to grow and distribute cantaloupes that were fit for consumption. In growing, distributing and/or selling cantaloupes containing salmonella, the defendants failed to uphold this duty," the suit alleged, which added the plaintiff suffered from "physical distress, mental anguish, emotional trauma and heightened apprehension."

Led by the Slater Vecchio law firm, which has already been contacted by more than 200 people, the legal case seeks compensation for in Quebec who purchased or consumed the recalled cantaloupes. That compensation amount will be determined at a later date.

The salmonella outbreak involves cantaloupes sold by the brands Rudy and Malichita, including any products — like fruit trays — made with cantaloupes from those brands. (AP Photo/Mary Conlon)
The salmonella outbreak involves cantaloupes sold by the brands Rudy and Malichita, including any products — like fruit trays — made with cantaloupes from those brands. (AP Photo/Mary Conlon)

Salmonella outbreak in Canada: The latest

As of the Public Health Agency of Canada's (PHAC) most recent update on Dec. 22, seven people have died amid the salmonella outbreak. There were also 164 lab-confirmed salmonella cases across eight at the time of that update.

Quebec has seen the highest number of cases, with a total of 111. British Columbia, Alberta, Ontario, Prince Edward Island, New Brunswick, Nova Scotia and Newfoundland and Labrador have also reported cases.

Last Friday's update also indicated 61 people have been hospitalized in Canada, where the majority of people who have become sick include children aged five and younger, as well as adults aged 65 and above. Many of the people who have fell ill are living in a long-term care home, retirement residence, assisted living facility or attending daycare.

The outbreak involves cantaloupes sold by the brands Rudy and Malichita, as well as any products — like ready-to-eat fruit trays — made with cantaloupes from those brands. Cantaloupes from those brands were sold between Oct. 10 and Nov. 24, the PHAC indicated. The Canadian Food Inspection Agency (CFIA) began issuing recall warnings for the cantaloupes on Nov. 1.

"If you are unable to verify the brand of cantaloupe, or if your produce is part of the CFIA recalls, it is recommended to throw it out," the PHAC recommended in its Dec. 22 update.

While the CFIA continues to investigate the outbreak, the illness reporting period is between two and six weeks, meaning more cases may be reported.

Fresh fruits are just one of many foods that are known to have been culprits of bacterial infections and food poisoning. Read on for everything you need to know.


Most common foods linked to salmonella infection

Poultry

Raw and undercooked poultry, including chicken and turkey, is at high risk of salmonella infection. Experts noted that breaded chicken products, like chicken nuggets, are also commonly linked to salmonella contamination because people assume they are already cooked when buying them and don’t prepare the nuggets properly.

Eggs

Eggs are very sensitive to salmonella, and can make you sick if you eat them raw or undercooked.

“Typically the carriage in eggs is .001 per cent, but the problem is we eat eggs raw essentially, sunny side up and things like that. That’s the risk factor,” said Warriner.

Fruits and veggies

Fruits and vegetables, like leafy greens, cucumbers, tomatoes and onions, have been known to cause food poisoning when consumed raw.

“You can cook onions, but the problem is that often you use them for salads or guacamole and you don’t cook it so you are not killing [the bacteria],” noted Narvaez.

Experts said the main cause of contamination with produce happens through water sources used for irrigation.

Bacterial culture plate against romaine lettuce
Leafy greens have been known to cause food poisoning. (Getty)

Sprouts

Different kinds of raw sprouts, including alfalfa and mung bean, have been linked to salmonella poisoning. Sprouts require water and warm conditions for the seeds to germinate, which generates a really good environment for bacteria to grow.

Peanut butter

Peanut butter is another food product that can be infected with salmonella before it even makes it to the processing plant. Peanuts are grown underground and can become contaminated through the manure that’s often used as fertilizer.

“Salmonella is really strong and persistent in a dry state,” explained Warriner.

Seafood

Fish and shellfish can also become infected with salmonella, especially if they are being imported from places with a warmer climate. Properly cooking raw seafood is the best way to prevent getting food poisoning.

Pet food

It's not you that can be harmed by salmonella. Experts say pet owners also need to be careful when buying pet food. Dry pet food like kibble is often heated at a high temperature that will kill off bacteria. Even so, Warriner said there have been cases where salmonella has been found in the flavourings that get mixed into the food after it’s been cooked.


How do I prevent salmonella infection?

  • Properly cook raw meat: When you’re cooking chicken or any kind of meat, make sure you cook it to the required internal temperature. A meat thermometer is a handy tool to ensure your meat is cooked and safe to eat.

  • Sanitation: Make sure you don’t cross-contaminate. Wash your cutting boards, cooking utensils and hands after handling raw meat products. It’s also not recommended to wash meat before cooking it.

  • Store food at the proper temperature: When you’re going shopping during the hot summer months, keep a cooler in your car to avoid having meat go bad.

  • Keep an eye on recalls: If you see a recall, check your pantry or fridge to make sure you don’t consume the product.

Symptoms of salmonella include diarrhea, vomiting and headaches.

If you have an item at home that’s been recalled you’re advised to throw it out or return it to the store where you bought it.