Innocent Lives, Lasting Consequences: The Cost of Foodborne Negligence

“Our Innocent Kids Are Struggling” Victims of South Africa’s Listeriosis Outbreak Demand Accountability

A Mother’s Heartbreaking Story

At just 18 days old, Theto Ngobeni underwent her first operation to insert a shunt in her brain, a procedure necessitated by hydrocephalus, a condition caused by a listeriosis infection her mother contracted during pregnancy. Now seven years old, Theto has endured six surgeries to replace her shunt due to blockages and infections.

Her family has paid a heavy price. The mounting medical bills depleted their insurance, forcing them to sell their home and face ongoing debts.

“We still owe the hospital and the bank a lot of money,” says Theto’s mother, Montlha, who also had to undergo a double hip replacement at just 37 due to the same listeriosis infection. “It’s very difficult, and we are on our own. No one is helping us.”

The Devastating Impact of Listeriosis

Listeriosis, caused by listeria bacteria, is a foodborne disease that disproportionately affects vulnerable groups like infants, the elderly, and pregnant women. Pregnant women can pass the infection to their unborn children, potentially leading to severe brain, kidney, or heart issues.

From January 2017 to mid-2018, South Africa experienced the largest recorded listeriosis outbreak in the world, with over 1,000 people infected. Tragically, at least 216 people lost their lives, including 93 newborns and nine children aged 14 and under, according to the South African Department of Health.

Infants exposed in utero, like Theto, now live with lifelong health challenges such as cerebral palsy and other neurological complications.

The Link to Contaminated Foods

In March 2018, South African health officials traced the outbreak to ready-to-eat meat products, mainly polony, produced at Enterprise Foods, a subsidiary of Tiger Brands, the nation’s largest food producer. The contaminated products, likely sold for over a year, were manufactured at a facility in Polokwane.

Tiger Brands temporarily closed three facilities, including Polokwane, Germiston, and Pretoria, and recalled its ready-to-eat meats. The company promised to address “valid claims” but denied liability.

Seven Years, No Resolution

Despite compelling evidence linking Tiger Brands to the outbreak, a class-action lawsuit representing Montlha and over 1,000 plaintiffs remains unresolved nearly seven years later.

The plaintiffs argue they contracted listeriosis and suffered harm due to contaminated Tiger Brands products. However, the company maintains that “liability has not yet been determined.”

“While the legal process has been long and arduous, we remain committed to resolving the listeriosis class-action lawsuit as soon as possible, particularly for the victims,” Tiger Brands told CNN.

Thami Malusi, a senior associate at Richard Spoor Incorporated Attorneys (RSI), the firm representing the plaintiffs, is optimistic the case could go to trial this year. Settlement talks are progressing, but RSI continues to prepare for trial.

Global Comparisons: Justice Delayed in South Africa

For context, a 2022 listeriosis outbreak in the United States linked to deli meats sickened 61 people and caused 10 deaths. Boar’s Head, the brand responsible, has already begun facing lawsuits and issuing apologies.

Bill Marler, a renowned foodborne illness attorney, believes that if the South African outbreak had occurred in the US, damages could have reached $1–2 billion. In South Africa, Tiger Brands could face significantly less: around 2 billion rand ($106 million).

“It was clear in 2018 that the cause was the Tiger Brands plant and its polony,” Marler said. “Seven years later, victims still have nothing. That’s a travesty.”

The Evidence Against Tiger Brands

The case hinges on genetic testing from South Africa’s National Institute for Communicable Diseases (NICD). Using whole genome sequencing, NICD identified the outbreak strain in Enterprise Foods’ products and Polokwane factory, matching it to most infected patients.

“This is like DNA fingerprinting,” explained Dr. Juno Thomas of NICD. “We compared bacteria from patients, food, and the factory and found conclusive matches.”

Tiger Brands’ own tests corroborated these findings. Still, the company has accused NICD of withholding data, which it claims has delayed resolution. RSI disputes this, asserting that all necessary evidence has been provided.

“Tiger Brands could have settled long ago,” Malusi said. “Instead, they’ve been obstructive.”

Calls for Accountability

Victims continue to plead for Tiger Brands to take responsibility.

“Our innocent kids are struggling because of something they didn’t even eat,” said Montlha. “Tiger Brands owes us an apology and compensation.”

Nthabiseng Ramanamane, another plaintiff, contracted listeriosis during pregnancy, allegedly after eating contaminated polony. Her son, Onkarabile, was born two months premature with cerebral palsy.

Now seven, Onkarabile requires constant care, special diets, and cannot perform basic tasks. “I trusted their products. I thought they were safe,” Ramanamane said. “Now my son’s life has been stolen, and my own is in ruins.”

Final Plea

As the lawsuit drags on, victims like Montlha and Ramanamane live with the daily consequences of an avoidable tragedy. They want Tiger Brands to “do the right thing.”

“It’s time for them to show remorse, take accountability, and provide justice for the families they’ve devastated,” said Ramanamane.

A Call for Change

This case has become a grim reminder of the importance of food safety and corporate accountability. For families like Theto’s and Onkarabile’s, justice is long overdue. Their fight is not just about compensation—it’s about acknowledgment, responsibility, and ensuring such negligence never happens again.

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