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People in West Virginia who recently purchased fruit at Walmart, Kroger or Costco stores may be interested in learning that several fruits have been recalled due to fear of contamination. These fruits include pluots, plums, nectarines and peaches. If someone’s health is affected due to using a defective product such as a contaminated piece of produce, this may be grounds for a product liability suit.

The company that is voluntarily recalling the fruit, called Wawona Packing Co., said there’s a chance their products might have been contaminated with a bacterium known as Listeria monocytogenes. The recall affects the entire United States. Based on the recall-related warnings, people can look for stickers on fruit that read “sweet 2 eat” to determine which fruit should avoid being consumed.

It’s unclear how the fruit was potentially contaminated. The facility closed down and was sanitized. Many tests have yielded negative results for this bacterium. The company said so far, it has not received word of any sickness related to consuming its products.

Listeria monocytogenes can cause a serious infection, with common symptoms, including muscle aches, fever and diarrhea. The elderly, infants and pregnant women are especially susceptible to being seriously affected. If a person in West Virginia becomes ill as a result of consuming a defective product, he or she has the right to file a liability claim against the product manufacturer in an attempt to hold the company financially accountable. A victorious result may lead to monetary damages, which can help to cover medical treatment required after consuming the harmful product.

Source: CNN, “Listeria risk prompts fruit recall“, Jacque Wilson, July 22, 2014