Montreal man who ate recalled cantaloupes launches class-action lawsuit

A Montreal man who says he was hospitalized with salmonella poisoning after eating recalled cantaloupes has launched a proposed class-action lawsuit against two companies that produced and distributed the fruit.

The suit, filed in Superior Court in Montreal on Dec. 12, alleges the cantaloupes were linked to the salmonella outbreak in Canada that has led to dozens of hospitalizations and seven deaths.

The court document says the Montreal plaintiff consumed two cantaloupes during the week of Nov. 6 and began experiencing "severe" gastrointestinal symptoms, including abdominal pain, diarrhea, vomiting and fever.

He was then admitted to the Verdun Hospital emergency room on Nov. 12 and stayed there for six more days to be treated for the illness in the infectious diseases section.

The lawsuit names two defendants: Agropecuaria Malichita, a company based in northwestern Mexico that grows the Malichita and Rudy branded cantaloupes, and Sofia Produce LLC, a produce exporter in Nogales, Ariz., which does business as TruFresh.

The suit has to be authorized by a judge before it can proceed.

The Public Health Agency of Canada (PHAC) identified the Rudy and Malichita brand cantaloupes as the likely source of the outbreak.

As of Dec. 22, the federal agency has identified 164 lab-confirmed infections across Canada, with nearly 70 per cent (111) of them being in Quebec.

There have been 61 hospitalizations to date in Canada.

The Canadian Food Inspection Agency (CFIA) issued recalls in November for select cantaloupes sold between Oct. 10 and Nov. 24.

The recalls apply to cantaloupes and other fruits processed alongside them, including honeydew, pineapples and watermelons.

The suit alleges the companies were negligent by allowing their products to be contaminated with salmonella.

It seeks compensation for anyone in Quebec who purchased or consumed the recalled 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 alleges. 

The Montreal plaintiff suffered from "physical distress, mental anguish, emotional trauma, and heightened apprehension," according to the court document. 

None of the allegations in the proposed class-action lawsuit have been tested in court.

'TIP OF THE ICEBERG'

The Slater Vecchio law firm is leading the legal case and has already been contacted by more than 200 people, according to lawyer Saro Turner, who represents the lead plaintiff.

Turner said Wednesday he believes the number of illnesses is likely much higher than what is being reported by Canadian officials.

"At present, we have, quite literally, the Minister of Health discouraging people from going to the hospital emergency department because of overcrowding," he said in an interview. "So it really is the tip of the iceberg in my observation, in terms of the number of people who have been ill — in some instances very, very severely. Most people, I am presuming, just suffer at home and sort of slog through it."

According to PHAC, most confirmed cases of salmonella poisoning were in people aged five or younger or 65 and over.

The compensation for each member of the class-action suit will be determined at a later date.

Turner said he hopes the legal action will hold companies accountable to ensure the food supply chain is safe for consumers.

"We don't want to let corporate wrongdoing ... to go on unpunished. We want deterrence," he said. "We want corporate wrongdoers to know that there is going to be access to justice, that substantive rights will have life breathed into them through the class action vehicle. And so that leads, one hopes, to behaviour modification."

Agropecuaria Malichita did not immediately respond to a request for comment from CTV News.

Trufresh could not be reached for comment Wednesday evening.