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IOL News
18-05-2025
- Health
- 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
- Health
- 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 Citizen
12-05-2025
- Business
- The Citizen
Conditional compensation offered to victims in Tiger Brands listeriosis case
A major development has emerged in the long-running listeriosis class action against Tiger Brands, as attorneys representing the company's lead reinsurer, QBE Insurance Group, presented a conditional settlement offer to the plaintiffs' legal team. According to Polokwane Review, the offer, confirmed by Tiger Brands on April 25, applies to certain victims of the deadly 2017–2018 listeriosis outbreak, specifically those affected by the ST6 strain of listeria monocytogenes, which was ultimately traced back to the Enterprise Foods factory in Polokwane. According to the statement issued today, the insurer, with Tiger Brands' support, has authorised attorneys to offer compensation to three specific categories of victims: Individuals who contracted listeriosis (or whose mothers did) due to the ST6 strain. Those who lost a legal breadwinner to ST6 listeriosis. Legal guardians of dependants who contracted ST6 listeriosis. The offer includes payment for proven or agreed compensatory damages under Section 61 of the Consumer Protection Act 68 of 2008. However, it is made without any admission of liability and is subject to certain conditions being met. Tiger Brands has reiterated that it has adequate product liability insurance in place to cover such claims and maintains that this move is part of a broader strategy to resolve the class action. The company also noted that no personal or financial details of the offer will be made public to protect claimants' privacy. 'Today's announcement represents an important milestone and follows shortly on measures already taken in February 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,' said Tiger Brands Tjaart Kruger. Attorneys for the plaintiffs will now begin the process of presenting the settlement offer to qualifying claimants. Those who accept will have their damages assessed individually, with the process expected to take several weeks. The class action is still in stage one, and a court will determine whether Tiger Brands can be held liable or not during this time. Only after this stage will the court assess causation and potential damages on a broader scale. The listeriosis outbreak, declared the world's largest ever, claimed over 200 lives and left lasting trauma for many South African families. The fallout was also significant for Polokwane's economy, as the Enterprise factory, once a major local employer, was forced to shut down during the investigation. Department of Health responds Meanwhile, the Department of Health welcomed the decision to finally settle, adding that it is an important milestone in bringing the lengthy legal matter to an end. Health spokesperson Foster Mohale said the National Institute For Communicable Diseases is providing the required medical records to enable decision-making in the process during the investigation of the listeriosis outbreak. 'The department is also appealing to those with enough evidence suggesting a causal link between the outbreak of listeriosis and the loss of their loved ones, to come forward so that their clinical records can be accessed for assessment to establish if indeed they have valid claims eligible for settlement, and also to find lasting closure after grief,' his statement read. Mohale said the outbreak highlighted the importance of consistent and strict adherence to 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 food-borne illnesses, reducing food waste and avoiding costly food recalls,' he said. As legal proceedings continue, Tiger Brands said it remains committed to working with its insurers to find a resolution and ensure timely relief for affected individuals. Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel. Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal. Read original story on At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
IOL News
12-05-2025
- Health
- IOL News
Some victims claim exclusion from Tiger Brands listeriosis settlement deal
Some victims of the 2017/18 listeriosis outbreak have slammed Tiger Brands for excluding them from the settlement offer. Image: Simphiwe Mbokazi/Independent Media While the lawyers who represented more than 200 claimants of the 2017/18 listeriosis outbreak have welcomed the recent commitment made by Tiger Brands in settling claims brought by the victims, some victims have slammed the company for excluding them from the settlement offer placed on the table. Tiger Brands through the company's lead reinsurer, QBE Insurance Group, presented a conditional settlement offer to the plaintiffs' legal team with the offer said to apply to certain victims of the deadly 2017/2018 listeriosis outbreak. The settlement 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 1,000 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 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. 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 Next Stay Close ✕ However, 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. "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."
The Citizen
12-05-2025
- Health
- The Citizen
Listeriosis class action settlement offered but many victims still unknown
Tiger Brands confirmed on Monday that a settlement has been reached in a class action suit related to the 2017 listeriosis outbreak. A Tiger Brands facility in Germiston that is believed to have handled contaminated products. Picture: Gallo Images / Netwerk24 /Felix Dlangamandla Tiger Brands has presented a settlement offer to the victims of the deadly 2017 listeriosis outbreak. A strain of listeria killed 218 people and affected at least another 820 who consumed contaminated processed food. National Institute for Communicable Diseases (NICD) investigations tracked the strain to a Tiger Brands facility in Polokwane, as well as distribution facility in Germiston. Eligible claimants The class action fight for the claimants has been pursued by two firms, namely Richard Spoor Inc and LHL Attorneys. The firms praised the peer-reviewed work of the NICD, spearheaded by Minister of Health Aaron Motsoaledi. 'These findings have since been confirmed by world-renowned epidemiologists, including Tiger Brands' own experts,' the case attorneys said in a joint statement on Monday. The claimants covered in this case are those who contracted the genotype L1-SL6-ST6-CT4148 of Listeria monocytogenes (ST6), as well mothers of the children affected. Additionally, the legal dependants of any household breadwinners who died of ST6 listeriosis, as well as adults whose legal dependants contracted the illness, are also eligible. The details of the offer have been sent to the claimants' attorneys, but they have not been publicly disclosed to protect their interests. Liability still to be proven This is just the first of a two-step process where the company's liability must still be determined by the courts, only after which compensation can be awarded. '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,' confirmed the attorneys, who labelled the settlement offer an 'effective admission of liability'. The food manufacturers' statement contradicted that position, but stressed that they had adequate product liability insurance cover. '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,' the company stated on Monday. '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,' Tiger Brands explained. Both Tiger Brands and the legal representatives state that this will take at least several weeks to resolve, but they remain committed to the process. 'Tiger Brands' renewed and demonstrable commitment to the victims will ultimately lead to a comprehensive resolution of all claims,' stated the attorneys. Importance of food safety The firms, as well as the NICD, have been praised by the Department of Health for placing 'the sufferings of the victims' at the forefront of the fight. Many of those affected by the outbreak over seven years ago have not come forward, but the department and the NICD are working to assist the attorneys in locating potential claimants. The DoH said the class action highlighted the importance of sticking to guidelines around the handling of processed food. 'Food safety and hygiene practices remain crucial for public health, preventing foodborne illnesses, reducing food waste and avoiding costly food recalls,' stated the department. Those affected by listeriosis who were not part of the class action may still contact Richard Spoor Inc or LHL Attorneys for further information. NOW READ: Not Rasta, but Tiger Brands: Here's who's behind those spaza shop murals
