Couple wait for justice 6 years after losing newborn to listeriosis

Kyle Amelia Victor.

Kyle Amelia Victor.

Published 6h ago

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SIX years after a South Coast couple lost their new-born daughter to listeriosis, they are calling on Tiger Brands to take account of the outbreak, so they could get justice and closure.

This comes after “breakthrough” evidence came to light through an investigation by the National Institute for Communicable Diseases (NICD), "linking Tiger Brands to the outbreak".

The outbreak claimed the lives of 218 people between 2017 and 2018.

Kyle, 31, and Amelia Victor, 33, both real estate agents, said they believed the “undeniable evidence that Tiger Brands is responsible for the outbreak, which was traced to its Polokwane facility”.

At the time, Richard Spoor Incorporated (RSI) Attorneys and LHL Attorneys, launched a class action lawsuit against the food giant and now represent over 1 000 claimants.

In a statement this week, the attorneys said in early 2024, additional “breakthrough” evidence came to light through an investigation by the NICD.

Zeenat Emmamally, an associate at RSI Attorneys, said: "I am 100% certain that Tiger Brands was responsible for the listeriosis outbreak. A sound investigation was done by the NICD. What that investigation did is to show the specific strain of listeria that was found at the Polokwane facility, owned by Tiger Brands and the products that were found in that facility are the exact same subtype or genetic makeup as that found in over 90% of the victims of the listeriosis outbreak.

"That is as solid of evidence as you can possibly find linking Tiger Brands to the outbreak."

She added that Tiger Brands had the data and findings since the end of January 2024, and had “done absolutely nothing”.

“The legal delays have dealt the most severe blow to children whose mothers were pregnant when they were first infected. One young girl who contracted listeriosis in-utero has suffered extensive neurological damage,” said Emmamally.

She said they have children who to this day are unable to walk, sit up unassisted or eat solid foods.

“There are kids who still have seizures and there are clients who cannot speak properly,” she added.

In 2018, the Victor couple had to make a heart-breaking decision to take their daughter, Summer, off life support. She had contracted listeriosis while still in the womb after her mother had eaten contaminated polony.

“I was 33 weeks pregnant and I started feeling sick and having contractions. I phoned my gynaecologist who advised me to go to hospital. By the time I reached, I was already in labour. The doctor examined me and told me he had to do an emergency caesarean section because my baby was in distress. When she was delivered she did not cry or make a sound. The doctors said although she looked fine physically her lungs were not doing well,” said Amelia.

“They ran tests on her and found that her organs were shutting down and placed her on life support. Kyle and I eventually had to make the tough decision to take her off life support. We could not bear seeing the tubes keeping her alive,” said Amelia.

She said the doctors suspected that Summer had contracted an infection.

“I had a healthy pregnancy without any complications. A paediatrician who heard about the listeriosis outbreak suggested that I have a blood test done and it came back confirming I had the disease,” added Amelia.

She said time did not heal the pain of losing her daughter.

“We went for counselling but we found comfort in our faith and God. It took us a long time to try to start a family again. About eight months ago we were blessed with our son, Isaiah, which means God is my salvation.

“When I was pregnant with Isaiah I wanted to have a natural birth but due to the complications from my previous pregnancy I was told that he would have a 50% chance of survival. I could not take that risk and opted for a caesarean section again.”

Amelia said they thought about Summer every day.

“Everything around Kyle and I remind us about Summer. She would have been six-years- old and would have started primary school. It is heart-breaking that we never got to experience this with her. When we look at Isaiah reaching his milestones we think about her. We were robbed of hearing her first words, taking her first steps and celebrating her first birthday. It is still so difficult.”

Amelia said they would only get justice for their baby once Tiger Brands took responsibility for the tragedy.

“There are other babies who also contracted the disease who now suffer from serious health complications like cerebral palsy and their families need financial assistance for their care,” added Amelia.

She said the listeriosis had also taken a toll on her health.

“I have an allergic reaction to almost everything that I eat. I either break out in hives or my throat starts to swell. Doctors have run tests to find the cause of the allergic reaction but they cannot find it. I am currently on chronic medication and I keep a food diary detailing everything I eat in a day with the hope of finding what is triggering my allergic reaction.”

She said the new evidence showed “undeniable evidence that Tiger Brands is responsible”.

The attorney’s have now launched a campaign under the hashtag #TigerBrandsMustPay.

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