Listeriosis victims closer to ‘justice'
Some victims of the 2017/18 listeriosis outbreak have slammed Tiger Brands for excluding them from the settlement offer.
Image: Simphiwe Mbokazi/Independent Media
IN WHAT has been hailed as a significant breakthrough in the ongoing battle to have Tiger Brands held accountable for the listeriosis outbreak, some of the victims could soon reach a settlement with the company, marking a step closer to justice.
Tiger Brands through the company's lead reinsurer, QBE Insurance Group, presented a conditional settlement offer to the plaintiffs' legal team. The offer is said to apply to certain victims of the deadly 2017/2018 listeriosis outbreak.
It specifically caters to victims who were affected by the ST6 strain of Listeria monocytogenes which is the same strain that was ultimately traced back to the Enterprise Foods factory in Polokwane.
In 2017/2018, South Africa recorded the largest listeriosis outbreak in history, claiming the lives of 218 people - mostly children - and affecting over 1000 with the outbreak eventually traced to Tiger Brands' Polokwane facility.
"Tiger Brands confirms that the attorneys representing its lead reinsurer (QBE Insurance Group Limited) have presented a settlement offer to the plaintiffs' attorneys as part of a roadmap to a possible overall resolution of the listeriosis class action.
"The lead reinsurer, having primary conduct of the defense of the class action against Tiger Brands, has with Tiger Brands' support and agreement authorised the insurers' attorneys to make settlement offers to specific named persons who are members of the following classes of claimants who suffered damage as a result of listeriosis caused by genotype L1-SL6-ST6-CT4148 of Listeria monocytogenes (ST6)," the company said.
The settlement offer will cover claimants who contracted (or whose mothers contracted) listeriosis caused by ST6, claimants whose legal breadwinners, on whom they were legally dependent, died of listeriosis caused by ST6; and claimants whose legal dependents, who were in their care, and who contracted listeriosis caused by ST6.
In a statement, Tjaart Kruger, Chief Executive Officer, Tiger Brands stated: 'Today's announcement represents an important milestone and follows shortly on measures already taken in February 2025 to offer interim relief in the form of advance payments to identified claimants with urgent medical needs. It also demonstrates our commitment to continue to work closely with our insurers and their appointed attorneys to explore a resolution of the entire class action.'
Reacting to this commitment by the food company, Nilesthra Padayachee who represents one of the two law firms that undertook class action against Tiger Brands, indicated that the settlement is a first step towards taking responsibility for the outbreak.
"This commitment demonstrates the first step towards Tiger Brands taking responsibility for the devastating harm caused by the outbreak. It is a significant breakthrough as it is the first offer of settlement received since the class action was certified. This comes after their own experts have had an opportunity to review data provided by the NICD, which has conclusively traced the outbreak to the Tiger Brands Polokwane facility.
"Tiger Brands is finally taking accountability by agreeing to compensate certain victims. The offer reflects a positive movement towards corporate responsibility and justice for all victims. We remain hopeful about the possibility of a structured and fair settlement agreement that encompasses all class members," said Padayachee.
While the lawyers who represented more than 200 claimants of the 2017/18 listeriosis outbreak have welcomed the recent commitment, some victims have slammed the company for excluding them from the settlement offer.
Candice Dupreez and Shereen Louw, the parents of two children who contracted listeria, have slammed Tiger Brands saying their children, who now have to contend with a series of long-term side effects, have not been compensated for the 2017/18 trauma.
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"Tiger Brands have not taken any responsibility for the pain and trauma they have caused us and our children. We are not part of the settlement even though we also took part in the class action against them.
"We as the parents and party to the class action have tried to communicate with the lawyers but were told that this offer is for certain people while our children continue to suffer severe back pains and other health complications due to the outbreak," said Dupreez.
The Department of Health welcomed Tiger Brands' decision to settle the listeriosis class action, calling it a crucial step towards closure for the affected families while it also urged families who lost loved ones to come forward if they have medical records that may support a valid claim.
Health spokesperson Foster Mohale said that intersectoral coordination on food safety remains critical to prevent future outbreaks.
"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. Food safety and hygiene practices remain crucial for public health, preventing foodborne illnesses, reducing food waste and avoiding costly food recalls."
Cape Times
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IOL News
18-05-2025
- IOL News
Listeriosis: settlement offers made to claimants
IN A BID to resolve the listeriosis class action lawsuit stemming from the 2017 outbreak, which resulted in the loss of 218 lives, including babies, Tiger Brands has presented settlement offers to some of the affected claimants. The outbreak started at Tiger Brands Enterprise Foods facility in Polokwane facility in 2017/18. In 2018, Kyle, 31, and Amelia Victor, 33, from the KZN South Coast, made the heart-breaking decision to take their daughter, Summer, off life support. She had contracted listeriosis while still in the womb. This was after her mother had eaten contaminated polony. The couple had joined the class action. In a statement, Tiger Brands confirmed that 'the attorneys representing its lead reinsurer (QBE Insurance Group Limited) have presented a settlement offer to the plaintiffs' attorneys as part of a road-map to a possible overall resolution of the listeriosis class action". They said that those who suffered the following damage as a result of listeriosis caused by genotype L1-SL6-ST6-CT4148 of Listeria monocytogenes (ST6) would receive settlement offers: - Claimants who contracted (or whose mothers contracted) listeriosis caused by ST6; - Claimants whose legal breadwinners, on whom they were legally dependent, died of listeriosis caused by ST6. Claimants whose legal dependents, who were in their care, and who contracted listeriosis caused by ST6. 'The settlement offer, which was made on April 25, includes an undertaking to pay the claimants' proven or agreed compensatory damages in terms of section 61 of the Consumer Protection Act 68 of 2008,' read the statement. However, Tiger Brands said the offer did not mean they had accepted liability and due to privacy details offers or payments would not be made public. 'The offer is subject to certain conditions and has been made without admission of liability and in full and final settlement of the claims of the claimants,' read the statement. Tiger Brand said they were working towards a timely implementation of the offers and settlement, provided they accepted the offers. 'It is expected that the process to present the offer to these qualifying claimants would take several weeks, and that arrangements to quantify their damages would follow over the ensuing weeks. 'The class action, which is being managed in two stages, is still at the first stage during which liability is to be determined by the court. Only if Tiger Brands is found to be liable will the issue of causation arise, in the second stage of the class action, as well as an assessment of compensation payable to qualifying claimants for damages suffered,' read the statement. Richard Spoor Incorporated (RSI) Attorneys and LHL Attorneys, who launched the class action lawsuit against the food giant and now represents over 1 000 claimants, said they were glad to see the case move forward. 'We welcome Tiger Brands' effective admission of liability for the world's deadliest listeriosis outbreak in 2017/2018, which claimed the lives of over 200 persons, primarily children, and impacted more than a 1 000 South Africans. 'Tiger Brands' decision to settle claims is based on the incredible investigative work of the National Institute of Communicable Diseases (NICD), under the direction of the Minister of Health, Dr Aaron Motsoaledi. Their scientific investigation, which conclusively traced the outbreak to Tiger Brands' Polokwane facility, has been internationally peer-reviewed and praised. These findings have since been confirmed by world-renowned epidemiologists, including Tiger Brands' own experts,' said Spoor. They commended Tiger Brands, its shareholders, and insurers for agreeing to compensate victims. 'This reflects a positive move towards corporate accountability, responsible citizenship and justice for victims. The current proposal provides for full compensation to claimants for all proven damages, subject to a settlement mechanism that still needs to be finalised, including how individual damages would be assessed and how claimants will be categorised under the settlement structure. 'Before any settlement can be finalised, it must be presented to the high court, which will determine its fairness as the ultimate guardian of class member interests. While this process will require time, we remain confident that Tiger Brands' renewed and demonstrable commitment to the victims will ultimately lead to a comprehensive resolution of all claims,' said Spoor. Foster Mohale, the spokesperson for the Department of Health, commended Tiger Brands' decision to move forward. 'We welcome the decision by Tiger Brands to finally settle the listeriosis class action, which represents an important milestone to bring this lengthy legal matter to finality and closure to the affected families whose loved ones succumbed to this deadly, but preventable and treatable disease,' said Mohale. THE POST

IOL News
13-05-2025
- IOL News
Listeriosis victims closer to ‘justice'
Some victims of the 2017/18 listeriosis outbreak have slammed Tiger Brands for excluding them from the settlement offer. Image: Simphiwe Mbokazi/Independent Media IN WHAT has been hailed as a significant breakthrough in the ongoing battle to have Tiger Brands held accountable for the listeriosis outbreak, some of the victims could soon reach a settlement with the company, marking a step closer to justice. Tiger Brands through the company's lead reinsurer, QBE Insurance Group, presented a conditional settlement offer to the plaintiffs' legal team. The offer is said to apply to certain victims of the deadly 2017/2018 listeriosis outbreak. It specifically caters to victims who were affected by the ST6 strain of Listeria monocytogenes which is the same strain that was ultimately traced back to the Enterprise Foods factory in Polokwane. In 2017/2018, South Africa recorded the largest listeriosis outbreak in history, claiming the lives of 218 people - mostly children - and affecting over 1000 with the outbreak eventually traced to Tiger Brands' Polokwane facility. "Tiger Brands confirms that the attorneys representing its lead reinsurer (QBE Insurance Group Limited) have presented a settlement offer to the plaintiffs' attorneys as part of a roadmap to a possible overall resolution of the listeriosis class action. "The lead reinsurer, having primary conduct of the defense of the class action against Tiger Brands, has with Tiger Brands' support and agreement authorised the insurers' attorneys to make settlement offers to specific named persons who are members of the following classes of claimants who suffered damage as a result of listeriosis caused by genotype L1-SL6-ST6-CT4148 of Listeria monocytogenes (ST6)," the company said. The settlement offer will cover claimants who contracted (or whose mothers contracted) listeriosis caused by ST6, claimants whose legal breadwinners, on whom they were legally dependent, died of listeriosis caused by ST6; and claimants whose legal dependents, who were in their care, and who contracted listeriosis caused by ST6. In a statement, Tjaart Kruger, Chief Executive Officer, Tiger Brands stated: 'Today's announcement represents an important milestone and follows shortly on measures already taken in February 2025 to offer interim relief in the form of advance payments to identified claimants with urgent medical needs. It also demonstrates our commitment to continue to work closely with our insurers and their appointed attorneys to explore a resolution of the entire class action.' Reacting to this commitment by the food company, Nilesthra Padayachee who represents one of the two law firms that undertook class action against Tiger Brands, indicated that the settlement is a first step towards taking responsibility for the outbreak. "This commitment demonstrates the first step towards Tiger Brands taking responsibility for the devastating harm caused by the outbreak. It is a significant breakthrough as it is the first offer of settlement received since the class action was certified. This comes after their own experts have had an opportunity to review data provided by the NICD, which has conclusively traced the outbreak to the Tiger Brands Polokwane facility. "Tiger Brands is finally taking accountability by agreeing to compensate certain victims. The offer reflects a positive movement towards corporate responsibility and justice for all victims. We remain hopeful about the possibility of a structured and fair settlement agreement that encompasses all class members," said Padayachee. While the lawyers who represented more than 200 claimants of the 2017/18 listeriosis outbreak have welcomed the recent commitment, some victims have slammed the company for excluding them from the settlement offer. Candice Dupreez and Shereen Louw, the parents of two children who contracted listeria, have slammed Tiger Brands saying their children, who now have to contend with a series of long-term side effects, have not been compensated for the 2017/18 trauma. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ "Tiger Brands have not taken any responsibility for the pain and trauma they have caused us and our children. We are not part of the settlement even though we also took part in the class action against them. "We as the parents and party to the class action have tried to communicate with the lawyers but were told that this offer is for certain people while our children continue to suffer severe back pains and other health complications due to the outbreak," said Dupreez. The Department of Health welcomed Tiger Brands' decision to settle the listeriosis class action, calling it a crucial step towards closure for the affected families while it also urged families who lost loved ones to come forward if they have medical records that may support a valid claim. Health spokesperson Foster Mohale said that intersectoral coordination on food safety remains critical to prevent future outbreaks. "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. Food safety and hygiene practices remain crucial for public health, preventing foodborne illnesses, reducing food waste and avoiding costly food recalls." Cape Times

The Herald
13-05-2025
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Tiger Brands settlement in listeriosis class action offered 'without admission of liability'
Tiger Brands, South Africa's biggest food producer, on Monday offered to compensate listeriosis victims, marking a major step towards resolving the class action after a 2017 outbreak that killed about 200 people and sickened more than 1,000. The offer was made by the attorneys representing Tiger Brands lead insurer QBE Insurance on April 25, which made settlement offers to specific classes of claimants who suffered from listeriosis, the company said. The proposal provides for full compensation to claimants for proven damages, subject to a settlement mechanism that still needs to be finalised — including how individual damages will be assessed. To protect the privacy of the individuals participating in the settlement offer, no details of the offer and/or payment will be made public, the company said. The offer has been made 'without admission of liability', Tiger Brands said. In January 2017 an outbreak of listeriosis, a food-borne disease, occurred in South Africa that was traced to a factory run by a Tiger Brands subsidiary at the time, Enterprise Foods, which makes processed sausages, bacon and deli meat.