Class-action lawsuit over E. coli tainted Robin Hood flour explained by Calgary lawyer

Two Alberta law firms, one in Edmonton andthe other in Calgary, have filed a class-action lawsuit seeking $25 million from the makers of Robin Hood flour.

The suit alleges Smuckers Foods failed to make sure its facilities were safe and didn't do enough to warn officials and the public that a batch of Robin Hood all-purpose flour was contaminated with E.coli.

• Class-action suit seeks damages for people who got sick from Robin Hood flour
• Robin Hood flour recall expanded nationwide due to E. coli contamination

A total of 26 people across Canada have been infected with the dangerous bacteria in B.C., Saskatchewan, Alberta and Newfoundland and Labrador.

No deaths have been reported, but at least six of those people required hospital care.

The allegations in the suit have not been proven and the case must be certified by a judge before it can proceed.

Class-action suit

Calgary lawyer Clint Docken is one of the lawyers who filed the suit and appeared on theCalgary Eyeopener to explain it.

Q: What are you looking for with this lawsuit?

A: We're looking for compensation on behalf of those individuals that consumed flour and got sick.

Q: How many people do you represent?

A: At this point we filed a class action, which means ultimately we would act for the entire class of individuals.

Q: Do you have a representative plaintiff for the case?

A: We have a representative plaintiff [from Victoria, B.C.] at this point.

Q: What was her story?

A: She consumed flour and ended up quite ill, actually ended up hospitalized for a period of time. That was over the fact her kidneys were actually shutting down from the effects of the E. coliinfection We've certainly heard from others.

Q: If someone got sick from E. coli, how would you know it's from Robin Hood flour?

A: Interestingly enough the Canadian Food Inspection Agency does our job for us. There are various strains of E.coliand the various strains have very unique genetic fingerprints and in this situation, all of the reported cases have the same matching genetic fingerprint and we're anticipating that fingerprint will lead us to the manufacturing facility.

Q: Have you heard of an E. colicase involving flour before?

A: There have been cases in the U.S., and indeedthere was a recall as late as last year involving E. colicontamination in flour.

Q: You've been involved in large class-action suits like this before, with XL Meats and Maple Leaf. Is this similar to other food contamination cases?

A: It's very similar. What happens is you get a problem in a manufacturing facility, you get contamination in the food product, the food product gets widely distributed and you end up with people getting sick.

Q: In your mind, what does a class action suitaccomplish, does it make the food system any safer as a result?

A: We like to think so. We like to think class actions can affect behaviour modification and manufacturers will be more careful in the future in terms of the manufacturing process.

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With files from The Calgary Eyeopener