The representative law firms of the listeriosis class action of 2017/18, Richard Spoor Incorporated (RSI) and LHL Attorneys, have welcomed fast-moving consumer goods producer Tiger Brands’ renewed and demonstrable commitment to victims of the outbreak while a comprehensive resolution of claims is under way.

The outbreak marked the largest listeriosis outbreak in South Africa’s history, having killed 218 people and impacting more than 1 000 people, including pregnant mothers whose children now have developmental delays.

The ST6 variant of listeriosis was traced to Tiger Brands’ Polokwane meat processing facility as the only source of the outbreak. The company has since sold its value-added meat business, including the Polokwane facility where it produced polony under the Enterprise brand, to a company called Country Bird.

While Tiger Brands had already announced in February that it would provide interim relief to certain claimants with urgent needs, the company and its lead insurer QBE Insurance Group will now proceed to make settlement offers to specific named persons.

These include claimants who contracted, or whose mothers contracted, listeriosis caused by the ST6 strain; claimants whose legal breadwinners, on whom they were legally dependent, died of listeriosis caused by ST6; and claimants whose legal dependants, who were in their care, contracted listeriosis caused by ST6.

Tiger Brands will pay the claimants’ proven or agreed compensatory damages as soon as possible, despite the ongoing court process to determine Tiger Brands’ liability.

The class action is being managed in two stages, the first of which involves liability to be determined by the court and the second of which involves assessment of compensation payable to qualifying claimants for damages suffered.

QBE has since 2017 been tasked with defending the class action against Tiger Brands and investigating the work of the National Institute of Communicable Diseases on the matter, which conclusively traced the listerioris outbreak to Tiger Brands’ Polokwane facility.

The investigative work has since been internationally peer-reviewed by world renowned epidemiologists for its validity.

RSI and LHL say the interim compensation for certain claimants reflects a positive move towards corporate accountability, responsible citizenship and justice for victims.

“The current proposal provides for full compensation to claimants for all proven damages, subject to a settlement mechanism that still needs to be finalised – including how individual damages will be assessed and how claimants will be categorised under the settlement structure,” the firms explain.

Before any settlement can be finalised, it must be presented to the High Court, which will determine its fairness.

While this is a significant breakthrough, LHL and RSI say serious challenges remain, including that many victims of the outbreak have not yet come forward.

The law firms urge people with information about others who were impacted by the outbreak to email them on info@rsinc.co.za.

Tiger Brands has confirmed that it has adequate product liability insurance cover for a group of its size.