TEXAS: $1.1 million awarded in listeria death lawsuit

26.jul.11
San Antonio Express-News
Don Finley

The family of an 81-year-old Seguin man who died of listeriosis during an outbreak last year was awarded a $1.1 million default judgment Tuesday against a San Antonio produce company.
Hermilo Castellano Sr. died in June 2010. His was one of five listeriosis deaths in an outbreak investigated by state health officials, four linked to cut celery produced by Sangar Produce & Processing Co., which was ordered closed in October.
State District Judge Barbara Nellermoe ruled in favor of Castellano's family.
“We had a terrible time finding anyone from the company,” said David Babcock, an attorney with the Seattle law firm Marler Clark, who represented the victim's family. “We did finally get them properly served, and they just didn't show up.”
At least 10 people in Bexar, Travis and Hidalgo counties were infected with listeria bacteria during the outbreak. Testing by the Texas Department of State Health Services conclusively linked nine to the company's celery, and cited Sangar for a number of deficiencies at its Zarzamora Street plant.
The company disputed the findings, saying its own lab tests showed no contamination. But subsequent tests by the Food and Drug Administration confirmed listeria.
The plant was ordered closed and a recall ordered for thousands of pounds of produce distributed to more than 300 customers, including restaurants, hospitals, school districts, military facilities and large wholesalers.