Siskinds LLP represents persons harmed in connection with the recall of beef processed at the XL Foods Inc. facility in Brooks, Alberta. Siskinds, along with James H. Brown and Associates and D’Arcy & Deacon LLP represent a class that includes all Canadians, as well, as persons in the United States who purchased recalled XL beef.
The Canadian Food Inspection Agency has issued various public warnings that certain beef products produced by XL Foods Inc. may be contaminated with E. coli O157:H7. To date, more than 1.5 million pounds of beef representing more than 1,800 products have been recalled. A complete list of the products recalled is available on the Canadian Food Inspection Agency website: www.inspection.gc.ca.
The United States Department of Agriculture, Food Safety and Inspection Service has also issued various public warnings that certain beef products processed by XL Foods Inc. may be contaminated with E. coli O157:H7. To date, more than 1,143,000 kilograms of meat have been recalled in the United States. A complete list of the products recalled in the United States is available on the United States Department of Agriculture, Food Safety and Inspection Service website: www.fsis.usda.gov.
The Class Action
The class action alleged that XL Foods Inc. negligently produced certain beef products processed at its Brooks, Alberta facility. Specifically, the claim alleged that XL Foods Inc. was negligent in the design and implementation of control, sampling and testing procedures, and that, upon discovering the possible E. coli contamination, XL Foods Inc. was negligent in managing the resulting product recall.
The class action sought damages on behalf of persons who purchased recalled beef and were unable to obtain a refund, persons who consumed recalled beef and suffered resulting injury or illness, and persons who purchased beef products and were unable to determine that the beef products in question were not part of the recall and therefore disposed of the product without being able to obtain a refund.
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A settlement, which resolves the litigation in its entirety, was reached with the Defendant in the amount of CDN $4 million and has been approved by the Alberta Court.
The deadline for applying to receive settlement benefits has passed. The Claims Administrator is currently reviewing all submitted claims.
For more information about the status of the claims administration, please contact the Claims Administrator at: 1-800-951-3201 or visit www.xlbeefclassaction.com.
What is a class action?
A class action is a lawsuit filed by one person on behalf of a large group of people.
What is this class action about?
The class action lawsuit was commenced against XL Foods Inc. (“XL Foods”) in connection with the fall 2012 recall of beef products processed at the XL Foods facility in Brooks, Alberta. The recall was issued as a result of a possible E. coli contamination. The class action alleged that XL Foods negligently produced certain beef products processed at the Brooks facility. Specifically, the claim alleged that XL Foods was negligent in the design and implementation of control, sampling and testing procedures and that, upon discovering the possible E. coli contamination, XL Foods was negligent in managing the resulting product recall. The class action sought to recover damages for: (a) economic loss for individuals who purchased Recalled XL Beef or Unidentifiable Beef and disposed of the beef without receiving a refund; and (b) personal injury for individuals who consumed Recalled XL Beef and experienced illness or injury as a result. Symptoms associated with E. coli exposure typically appear one to ten days after exposure and include: severe stomach cramps; watery or bloody diarrhea; vomiting; nausea; headache; and little or no fever. Some people can develop more serious consequences, such as kidney failure, seizures and stroke. E. coli exposure can also exacerbate pre-existing medical conditions.
Who is affected by the class action?
On October 8, 2013, the Alberta Court certified the action as a class action. This means that the Court has determined that this action can proceed as a class action. The action was certified on behalf of the following “class” or “class members”: All natural persons in Canada or in the Unites States who: (a) purchased Recalled XL Beef (for private, non-commercial consumption) and suffered an economic loss; (b) purchased Unidentifiable Beef (for private, non-commercial consumption) and suffered an economic loss; and (c) consumed Recalled XL Beef and suffered a physical illness or injury.
Who are the lawyers working on the class action and how are they paid?
The following law firms act on behalf of the class:
680 Waterloo St. London, ON N6A 3V8
|James H Brown and Associates
2400 Sunlife Place 10123 99 Street Edmonton, AB T5J 3H1
|D’Arcy & Deacon LLP
310-525-11 Ave SW Calgary, AB T2R 0C9
You do not need to pay out-of-pocket for the lawyers working on the class action. The lawyers will be paid from the settlement funds in an amount approved by the Court.
I still have a question. Who should I contact?
If you have a question, please use the contact form provided on this page.