If you or a loved one experienced listeria infection, food poisoning, or other serious illness following consumption of recalled Walmart watermelon products, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to contaminated food products.
Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.
Table Of Contents
- Walmart Watermelon Lawsuit Overview
- Latest Walmart Watermelon Lawsuit Updates
- FDA Reports and Statistics
- Walmart Watermelon Injuries & Side Effects
- Do You Qualify for a Walmart Watermelon Lawsuit?
- Walmart Watermelon Recall Information
- Statute of Limitations for Walmart Watermelon Lawsuits
- FAQs
- 1. What evidence is needed to support a Walmart watermelon recall lawsuit?
- 2. How can I report an illness caused by contaminated watermelons from Walmart?
- 3. How can a lawyer assist in a Walmart watermelon recall lawsuit?
- 4. What should I do if I have contaminated watermelons from Walmart at home?
- 5. How long do listeria symptoms take to appear after eating contaminated food?
- 6. Can I still file a lawsuit if I didn’t keep my receipt or product packaging?
- Take Action Now: Time-Sensitive Legal Claims
- References
Walmart Watermelon Lawsuit Overview
Walmart Watermelon lawsuits are food safety and product liability claims focusing on pre-cut watermelon products contaminated with Listeria monocytogenes bacteria.
These lawsuits allege that Walmart failed to ensure the safety of fresh produce sold in their stores, resulting in potentially deadly foodborne illnesses.
The U.S. Food & Drug Administration (FDA) announced a recall affecting watermelon shipped to Walmart and RaceTrac’s retail distribution centers in Arkansas, Missouri, Illinois, Oklahoma, and Texas due to possible listeria contamination [1].
Multiple product codes and packaging types were included in the recall, which began on October 1, 2020, highlighting significant food safety concerns across regional distribution networks.
Latest Walmart Watermelon Lawsuit Updates
October 1, 2020 – Country Fresh initiated a recall of pre-cut watermelon products sold at Walmart and RaceTrac stores in five states due to potential Listeria monocytogenes contamination. The recall affected multiple product codes with best-if-used by dates of October 2, 3, and 4, 2020 [2].
September 2020 – The FDA conducted routine sampling that detected Listeria monocytogenes on equipment used in an area near where watermelon products are packaged, prompting the subsequent recall of potentially affected products [3].
FDA Reports and Statistics
According to the Centers for Disease Control and Prevention (CDC), approximately 1,600 people get listeriosis (the infection caused by eating food contaminated with Listeria monocytogenes) each year in the United States, and about 260 people die from the infection.
The FDA’s surveillance programs regularly test food products and processing facilities for contamination to prevent widespread outbreaks.
Fresh-cut produce, including pre-packaged watermelon, has increasingly been identified as a potential source of foodborne illness.
The FDA has noted that the processing environment for pre-cut fruits creates additional opportunities for bacterial contamination, as cutting through the protective exterior of fruits can transfer pathogens from the surface to the edible portions.
In recent years, there have been multiple recalls of pre-cut melons due to potential listeria contamination, indicating an ongoing industry-wide challenge with ensuring the safety of these products.
The economic impact of these recalls is significant, with companies facing not only the direct costs of recalling products but also potential legal liabilities and damage to their brand reputation.
Walmart Watermelon Injuries & Side Effects
Listeria infection from contaminated watermelon can cause serious health complications, particularly in vulnerable populations.
- Common Listeriosis Symptoms: Fever, muscle aches, headache, stiff neck, confusion, loss of balance, and convulsions, sometimes preceded by diarrhea or other gastrointestinal symptoms
- Pregnancy Complications: Pregnant women may experience miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn, even if the mother only has mild illness
- Invasive Listeriosis: When the infection spreads beyond the gastrointestinal tract, it can cause meningitis (infection of the membranes surrounding the brain and spinal cord) or bacteremia (bacterial infection in the bloodstream)
- High-Risk Groups: Severe, life-threatening illness primarily affects pregnant women, newborns, adults aged 65 or older, and people with weakened immune systems
Do You Qualify for a Walmart Watermelon Lawsuit?
You may qualify for a Walmart Watermelon lawsuit if:
- You purchased pre-cut watermelon products from Walmart in Arkansas, Missouri, Illinois, Oklahoma, or Texas with best-if-used by dates of October 2, 3, or 4, 2020
- The specific products you purchased include:
- Watermelon 4 x 10 oz – UPC Code: 681131180672
- Watermelon 2 x 32 oz – UPC Code: 681131180672
- Watermelon Chunks 2 x 42 oz – UPC Code: 681131180658
- Watermelon Spears 4 x 16 oz – UPC Code: 681131180665
- Summer Blend FTC 4 x 5 oz – UPC Code: 681131355094
- RaceTrac Watermelon 5.5oz – UPC Code: 74641000644
- RaceTrac Melon Trio 5.5oz – UPC Code: 74641031945
- You consumed the recalled watermelon and subsequently developed symptoms of listeria infection
- You sought medical treatment for your symptoms
- You were diagnosed with listeriosis or your symptoms align with those of listeria infection
- You can provide evidence linking your illness to the recalled watermelon products
Evidence Required for a Walmart Watermelon Lawsuit
To strengthen your Walmart Watermelon lawsuit, you should gather:
- Proof of purchase of the recalled watermelon products (receipts, credit card statements, loyalty program records)
- Product packaging showing UPC codes and best-if-used by dates
- Medical records documenting your symptoms, diagnosis, and treatment
- Laboratory test results confirming Listeria infection, if available
- Documentation of any reporting to health authorities or Walmart regarding your illness
- Evidence of missed work and lost wages due to your illness
Damages You Can Recover
Victims of contaminated Walmart watermelon products may be eligible to recover:
- Medical expenses for diagnosis, treatment, hospitalization, and ongoing care
- Lost wages and diminished earning capacity due to illness
- Pain and suffering resulting from the physical and emotional impact of the illness
- Additional damages for severe complications, including long-term health effects
- Wrongful death damages for families who lost loved ones to listeria infection
- Punitive damages in cases where gross negligence can be proven
Walmart Watermelon Recall Information
On October 1, 2020, the U.S. Food and Drug Administration announced a recall of pre-cut watermelon products sold at Walmart and RaceTrac stores due to potential Listeria monocytogenes contamination. The recall was initiated by Country Fresh, the supplier of these watermelon products.
The recall affected watermelon shipped to Walmart and RaceTrac’s retail distribution centers in Arkansas, Missouri, Illinois, Oklahoma, and Texas.
Multiple product codes were included in the recall, with affected products packaged in various clamshell containers and bearing best-if-used by dates of October 2, 3, and 4, 2020.
Consumers who purchased the recalled watermelon products were advised to either discard them or return them to the point of purchase for a refund.
The FDA recommended that anyone concerned about possible listeria infection should contact their healthcare provider immediately.
Statute of Limitations for Walmart Watermelon Lawsuits
The statute of limitations for filing a Walmart Watermelon lawsuit varies by state, typically ranging from 1-4 years from the date of injury or discovery of illness.
In food poisoning cases, most states apply a “discovery rule,” which means the statute of limitations begins when you discovered or reasonably should have discovered that your illness was caused by the contaminated product.
For example:
- Texas: 2 years from the date of injury or discovery
- Arkansas: 3 years from the date of injury or discovery
- Missouri: 5 years from the date of injury or discovery
- Illinois: 2 years from the date of injury or discovery
- Oklahoma: 2 years from the date of injury or discovery
It’s essential to consult with an experienced attorney as soon as possible after developing symptoms to ensure your claim is filed within the appropriate timeframe for your state.
Related Articles:
Check our website to see all the food poisoning litigations we’ve taken on.
FAQs
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for illnesses caused by contaminated Walmart watermelon products. Depending on your state of residence, you may have as little as 1-2 years from the date of your illness to file a claim.
At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our legal services
- Payment only if we win your case or secure a settlement
Don’t delay in seeking legal assistance, as waiting too long could jeopardize your right to compensation for illness and damages caused by contaminated food products.
References
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/country-fresh-voluntary-product-recall
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/country-fresh-voluntary-product-recall
- https://www.cdc.gov/listeria/outbreaks/index.html