Exclusion from Tiger Brands' settlement deal raises concerns among listeriosis victims

While the lawyers who represented more than 200 claimants of the 2017/18 listeriosis outbreak have welcomed the recent commitment made by Tiger Brands to settle claims brought by the victims, some have slammed the company for excluding them from the offer placed on the table.

Through the company’s lead reinsurer, QBE Insurance Group, Tiger Brands 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 victims. 

"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," said the company. 

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.

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.

Reacting to the 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.

"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," said Padayachee.

Department of 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."