A lawsuit has been filed against US caramel-apple maker Bidart Bros., after a mother and baby were infected by listeria linked to consuming one of the firm’s products.

Cathy James is believed to have bought the Bidart Bros. caramel apple in October from Smith’s Pharmacy in New Mexico and consumed it while she was pregnant.

The complaint alleges she sought medical attention for symptoms of Listeriosis monocytogenes two days later, when she gave birth to her baby – two months before her due date. Testing on her premature baby revealed he contracted Listeriosis monocytogenes from her. The baby remained hospitalised for over four weeks.

“Every Listeria case is serious but when newborn infants are infected, it is absolutely heart-wrenching for the families. The family wants answers and some measure of justice for what happened,” said attorney Brendan Flaherty.

On Friday (9 January) the FDA confirmed it found two strains of Listeria monocytogenes at a Bidart Bros. plant which are believed to be the same strain associated with the outbreak. Those same strains were also found in Bidart Bros. apples collected from a retailer, a statement from the FDA read. 

Smiths Food & Drug Centers, which a lawsuit has also been filed against, and Bidart Bros. were unavailable for comment at time of press.

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