09/16/2011 // WPB, FL, USA // Injury Lawyers News // Nicole Howley

Washington, D.C. — An ongoing listeria outbreak in cantaloupe, which has killed two people and sickened 22 people in seven states, has already yielded a lawsuit related to the contamination, reported ABC News.

The plaintiffs, Tammy and Charles Palmer, filed the lawsuit against Jensen Farms and Walmart in the El Paso County District Court, after the cantaloupe they ate tested positive for listeria. As a result, Charles, 71, was admitted to a Colorado Springs hospital, paralyzed and was unable to talk.

Medical tests revealed that Charles was experiencing acute symptoms of listeria poisoning, which include fever, muscle and headaches, nausea and diarrhea.

Palmer bought a cantaloupe at a Walmart store on Razorback Road in Colorado Springs on August 17.

The contaminated fruit that the Palmer’s consumed had been voluntarily recalled, with over 300,000 cases of cantaloupe in 17 states this week, due to listeria contamination threats. The contaminated cantaloupe came from Jensen Farms in Colorado.

Jensen Farms has since destroyed the remaining cantaloupe crop.

The Palmers are the first to file a lawsuit concerning the outbreak.

The contaminated cantaloupe was shipped between July 29 and Sept. 10, and was sold throughout Colorado, Wyoming, Nebraska, Utah, Kansas, Texas, Oklahoma, New Mexico, Arizona, Illinois, Minnesota, Missouri, Tennessee, North Carolina, New Jersey, New York and Pennsylvania.

Legal News Reporter: Nicole Howley-Legal news for product liability lawyers.

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