London law firm considering class action suit over contaminated cantaloupe

A law firm based in London, Ont., is taking the first steps toward launching a class action lawsuit over a salmonella outbreak linked to cantaloupe and other fruit products sold in several provinces.

Siskinds LLP has begun gauging public interest in a suit on their website, including information on the deadly outbreak and asking for those affected to contact the law firm.

"There is no claim yet, but we know food safety is very important to Canadians, and we're investigating the recall right now, hoping to be able to provide a remedy to Canadians who were sick or who had to throw out the groceries that they purchased," said Bridget Moran, an associate lawyer at Siskinds.

The outbreak, which was first foreshadowed by a product recall from food safety officials last month, has resulted in at least five deaths and 129 illnesses and is associated with Malichita or Rudy brand cantaloupe as well as other products like pineapples, honeydew melons, and fruit trays.

These products were sold in six provinces, with 17 cases being confirmed in Ontario, 15 in British Columbia, as well as two each in New Brunswick, Prince Edward Island and Newfoundland and Labrador, according to the Public Health Agency of Canada (PHAC).

91 cases of salmonella have been confirmed in Quebec, and 44 people have been hospitalized across the country.

The PHAC has not updated numbers related to the outbreak since Dec. 7.

The recalled Malichita cantaloupe was sold in Canada between Oct. 11 and Nov. 14, while the Rudy brand fruit was sold from Oct. 10 to Nov. 24.

While Siskinds hasn't yet moved forward with official action and is still exploring the possibility, they are asking those who ate recalled cantaloupe products and suffered illness to get in touch, Moran said, along with family members of those who died.

They also want to hear from those who disposed of recalled cantaloupe and other fruit products, she said. 

It's unclear when, or if the probe will move on to become a full-blown class-action suit, Moran added.

"Every case turns on its own specific set of facts, so it's hard to extrapolate directly, but we think that there's merit in this case, otherwise we we wouldn't be looking at it," she said. "We always invest a lot of time in investigating... doing the best that we can for our clients."

In Quebec, a class action lawsuit has already been initiated by Slater Vecchio LLP. There are plans to file in British Columbia as well, according to the firm.

Exposure to salmonella can be dangerous for some, including young children, pregnant women and the elderly. Symptoms can include fever, headache, vomiting, nausea, abdominal cramps and diarrhea.