Pregnant Aussie mom sues airline over listeria in chicken wrap, premature birth

In Aug. 2009, two pregnant women in Australia gave birth prematurely and seven others were confirmed sick with listeriosis after eating contaminated chicken wraps that were sold to thousands on Virgin Blue flights from Brisbane and the Gold Coast, triggering a national public health alert.

From the outset, Virgin Blue has blamed suppliers.

On Friday, one of those pregnant women, Renee Cherry, launched legal action in the Supreme Court on behalf of her son Zayd Fokeera, now aged almost two, seeking compensation from Virgin Australia.

According to a statement of claim, a pregnant Ms Cherry flew from Townsville to Brisbane, then from Brisbane to Melbourne, on May 23, 2009.

During the flight, it is claimed, Ms Cherry bought a chicken roll from flight attendants, and she suffered listeria poisoning as a result.

"The roll was tainted and not fit for human consumption, as it contained listeria bacteria," according to the statement of claim.

"The listeria bacteria poisoned the blood of the plaintiff’s mother and the plaintiff and caused him to suffer injury."

Zayd was born two months after the flight, suffering from listeriosis, gastro-intestinal injury, developmental delay, and anxiety.

There is a claim for medical expenses and loss of prospective income and earning capacity, as well as damages. A trial before a judge and jury is sought.

A Virgin spokesman said the writ had not been served on the airline, and it could not comment because it had not seen the details of the claim.