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Houston Listeria Poisoning Lawyer
Listeria poisoning can cause severe, sometimes fatal injuries when restaurants, food manufacturers, and grocery stores fail to handle food safely. Houston attorney Pulkit Moudgil represents individuals and families harmed by Listeria contamination linked to restaurants, food producers, grocery stores, caterers, and other responsible parties.
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Listeria monocytogenes is a bacteria that causes an illness called listeriosis. According to the CDC, an estimated 1,250 people get sick from Listeria in the United States each year, and more than half of these infections occur among people 65 and older. When a Listeria infection happens because a restaurant, food manufacturer, grocery store, school, daycare, hotel, caterer, or other business failed to take reasonable food-safety precautions, the resulting injuries may support a personal injury claim.
I’m Pulkit Moudgil, a Houston personal injury attorney, and I represent individuals and families affected by serious Listeria infections caused by negligence.
If you or a loved one required hospitalization, IV antibiotics, or other significant medical care after eating contaminated food — or if you experienced pregnancy loss or a newborn infection linked to Listeria — I can investigate what happened and help determine whether another party may be responsible.
What Is Listeria Poisoning?
Listeriosis is caused by eating food contaminated with Listeria monocytogenes. According to the CDC, symptoms of invasive illness usually start within two weeks after eating contaminated food, though onset can take up to 70 days in some cases.
Symptoms in otherwise healthy people may include:
- Fever and chills
- Muscle aches
- Fatigue
- Diarrhea or upset stomach
- Headache
- Stiff neck
- Confusion or loss of balance
Listeria can also spread beyond the intestines into the bloodstream and nervous system, causing sepsis or meningitis. In cases of invasive listeriosis not associated with pregnancy, almost 1 in 6 people die (CDC — Symptoms).
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Listeria and Pregnancy: A Uniquely Dangerous Risk
Listeria poses a distinct danger during pregnancy. The CDC reports that pregnant women are about ten times more likely to get Listeria infection than the general population, and roughly 1 in 4 pregnant women who become infected lose their pregnancy or their baby shortly after birth.
According to the CDC’s clinical overview, listeriosis during pregnancy is often a mild, flu-like illness for the mother, but infection can still result in miscarriage, stillbirth, preterm labor, or a life-threatening infection in the newborn, including sepsis or meningitis.
Newborns infected with Listeria may develop early-onset illness within days of birth or late-onset illness — often meningitis — one to two weeks later, and surviving infants can face long-term consequences such as intellectual disability, seizures, or paralysis (ACOG).
If you were pregnant and ate a recalled or contaminated product, or if your baby was diagnosed with a Listeria infection, it is important to speak with an attorney about whether the source of the contamination can be identified and held responsible.
When Can a Listeria Injury Lead to a Legal Claim?
Not every case of food poisoning is caused by negligence.
A potential claim may exist when a restaurant, food manufacturer, grocery store, or other business knew or should have known about a contamination risk and failed to act reasonably.
Examples may include:
- A grocery store or deli selling contaminated deli meat or cheese
- A food manufacturer failing to follow proper sanitation procedures in a processing facility
- A recalled product remaining available for sale
- Unpasteurized milk, soft cheese, or juice sold without proper labeling
- Contaminated deli slicers or equipment that were not properly cleaned
- Improper refrigeration allowing Listeria to grow, since it can survive and multiply even under refrigeration
- A restaurant or caterer serving contaminated ready-to-eat food
- A grocery store selling expired refrigerated or ready-to-eat products
The key question is often whether the responsible party had information — or should have had information through reasonable food-safety practices — that should have prevented the contamination.
TESTIMONIALS
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Listeria From Deli Meats, Soft Cheeses, and Other High-Risk Foods
Certain foods carry a higher risk of Listeria contamination. The CDC has documented outbreaks linked to meats sliced at delis, and Listeria is also commonly associated with soft cheeses, unpasteurized dairy products, smoked seafood, and pre-packaged salads.
Because Listeria can survive and even grow under refrigeration, contamination can occur at any point in the supply chain — from a processing facility, to a deli counter, to a grocery store’s cold case.
Our broader Food Allergy Negligence practice addresses claims involving restaurants, manufacturers, retailers, and other businesses responsible for unsafe food.
Listeria Injuries Involving Older Adults and Immunocompromised Individuals
More than half of all Listeria infections occur in people 65 and older, and the CDC notes that older adults with Listeria infection almost always require hospitalization, with roughly 1 in 6 dying from the illness.
People with weakened immune systems — including those undergoing cancer treatment, organ transplant recipients, and people with diabetes — also face significantly increased risk.
When a nursing home, assisted living facility, hospital, or care facility serves contaminated food to residents in these higher-risk groups, the consequences can be severe, and questions about food-safety practices in institutional kitchens may be central to a claim.
Serious Complications of Listeria Poisoning
Most healthy people recover from a mild Listeria infection. Others experience severe, sometimes permanent complications.
Serious Listeria-related injuries may include:
- Sepsis
- Meningitis or encephalitis
- Miscarriage or stillbirth
- Premature birth or low birth weight
- Life-threatening infection in a newborn
- Long-term neurological damage in surviving infants
- Prolonged hospitalization or ICU admission
- Death
The severity of the medical consequences can have a major impact on the value of a personal injury claim.
What Evidence Can Help Prove a Listeria Claim?
Listeria cases often require careful investigation, in part because symptoms can take weeks or even months to appear.
Important evidence may include:
- Blood or spinal fluid culture results confirming Listeria
- Emergency room, hospital, and NICU records
- Obstetric records, in cases involving pregnancy loss or newborn infection
- Health department or FDA/USDA complaint and recall records
- Food samples and packaging
- Receipts and online order records
- Photographs of the food and packaging
- Deli or store receipts showing purchase dates
- Witness statements from others who ate the same food
- Health inspection records for the restaurant, deli, or facility
- Communications with restaurant, store, or manufacturer management
Preserving evidence early can be important because food may be discarded, records may be lost, and the long incubation period can make it harder to trace the source without prompt documentation.
Who May Be Responsible for a Listeria Injury?
Liability depends on how the contamination occurred.
Potentially responsible parties may include:
- Restaurants
- Restaurant ownership groups and franchise operators
- Food manufacturers and processing facilities
- Delis and grocery stores
- Food distributors
- Catering companies
- Hospitals, nursing homes, and care facilities
- Schools and daycare facilities
- Hotels and event venues
- Other businesses involved in producing, processing, distributing, or serving the food
Some cases involve multiple responsible parties. My job is to investigate the chain of events and determine where the failure occurred.
What Compensation May Be Available?
Compensation in a Listeria injury claim may include damages related to:
- Emergency medical care
- Hospitalization and IV antibiotic treatment
- NICU care for an infected newborn
- Laboratory and diagnostic testing
- Future medical expenses
- Lost income
- Loss of earning capacity
- Pain and suffering
- Emotional distress, including grief related to pregnancy loss
- Long-term medical or developmental complications
If a Listeria infection results in death, stillbirth, or a newborn’s death, surviving family members may have rights under Texas wrongful death law (Texas Civil Practice and Remedies Code Chapter 71).
REACH OUT TO US
Why Choose The Moudgil Law Firm for a Listeria Poisoning Case?
Attorney Pulkit Moudgil brings over nine years of experience representing personal injury victims throughout Texas. As a graduate of South Texas College of Law Houston and a licensed Texas attorney since 2016, Pulkit personally handles every case rather than passing clients off to junior attorneys.
Listeria cases can involve complicated questions about food processing, refrigeration practices, sanitation standards, recall compliance, and who had responsibility for preventing the contamination.
The Moudgil Law Firm has recovered over $14 million for clients and is familiar with Houston courts, Harris County procedures, insurance company tactics, and serious personal injury claims.
We prepare every case thoroughly and are ready to pursue litigation when necessary rather than accepting an unfair settlement.
Our contingency fee structure means you pay no attorney fees unless we successfully recover compensation for you. We typically charge 33.33% before a lawsuit is filed and 40% if litigation becomes necessary.
We also keep clients informed throughout the legal process so you understand what is happening with your case and what options are available to you.
Steps to Take After a Listeria Diagnosis
Your health comes first.
Seek medical treatment immediately if you experience fever, stiff neck, confusion, or loss of balance, or if you are pregnant and have a fever with flu-like symptoms after eating recalled or high-risk food.
After your condition is stabilized:
- Ask your doctor for a blood culture to confirm Listeria.
- Preserve any remaining food, packaging, and receipts.
- Take photographs of the food, packaging, and any labeling, including lot numbers.
- Save screenshots of online or delivery orders.
- Write down exactly what you ate and when symptoms began.
- Check whether the product has been recalled and save that documentation.
- Identify anyone else who ate the same food and may also be sick.
- Report the illness to the local health department and the FDA or USDA food-safety complaint system.
- Keep copies of all medical, obstetric, or NICU records.
- Avoid giving a recorded statement to an insurance company before speaking with an attorney.
Contact The Moudgil Law Firm at (832) 476-3209 for a free consultation. We can evaluate what caused your Listeria infection, identify potentially responsible parties, and begin preserving evidence.
ANSWERS FOR ACCIDENT VICTIMS
Frequently Asked Questions
We keep clients informed at every step, empowering them to make confident, informed decisions about their case.
Do I need a positive lab test to have a claim?
A confirmed blood or spinal fluid culture can strengthen a claim, but it is not always required. The specific facts and available evidence should be evaluated by an attorney.
Can a grocery store or deli be responsible for Listeria contamination?
Yes, depending on the circumstances. Claims may involve contaminated deli meat or cheese, improperly cleaned slicing equipment, or expired refrigerated products that were not removed from shelves.
Can I sue if the product had already been recalled?
Possibly. Whether a company acted reasonably in issuing and publicizing a recall — and whether the product remained available for sale afterward — can be an important factor in a negligence claim.
What if my baby was born with a Listeria infection?
Newborn Listeria infections can cause serious, long-term health problems. Parents may be able to pursue a personal injury claim on behalf of their child, and the family may have its own claim as well.
Can I bring a claim if I lost my pregnancy due to Listeria?
Pregnancy loss linked to a contaminated food product may support a claim against the responsible restaurant, manufacturer, or retailer. These cases require careful investigation and should be evaluated by an attorney as soon as possible.
How long do I have to file a Listeria poisoning lawsuit in Texas?
Texas personal injury claims are subject to filing deadlines under the Texas Civil Practice and Remedies Code. Because the applicable deadline can depend on the facts and parties involved, it is important to speak with an attorney as soon as possible after a serious Listeria infection.