A hospital patient’s listeria infection may have pre-dated her admission and before she potentially ate sandwiches from Dandenong South commercial kitchen I Cook Foods, a Supreme Court hearing has been told.
Then-Acting Chief Health Officer Brett Sutton ordered ICF’s temporary closure as part of an investigation into the death of an 86-year-old listeria-infected patient at Knox Private Hospital.
At the time, ICF supplied 3500 sandwiches a week to the hospital.
No other linked cases of listeria were reported at the hospital or even in Victoria.
ICF expert witness Professor Johan Duflou – a consultant forensic pathologist – told the hearing on 11 August that it was possible that the patient had contracted listeria before she was first admitted to hospital on 13 January 2019.
She complained of nausea and abdominal pain at the time – that was consistent with a prior infection, he told the court.
Symptoms for listeria infection can emerge between a few days to two-and-a-half months after exposure – with an average of three-to-four weeks.
Justice Michael McDonald asked the professor if it was likely that there would have been multiple listeria cases at the hospital if patients simultaneously ate ICF sandwiches containing the bacteria.
“I think that would be highly likely, Your Honour,” Prof Duflou said.
Patients with medical conditions would have been at increased risk, he said. It was why it was likely that listeria in nursing rooms, care facilities and hospitals resulted in outbreaks.
In a report to the court, Prof Duflou opined it was “more likely than not” that the patient’s listeria infection had been effectively treated and was “most likely incidental to the death”.
“In my view, the deceased died primarily of her heart condition with resultant small strokes, and this likely resulted in her aspirating and developing pneumonia.”
Department of Health and Human Services’ barrister Christopher Caleo noted the patient had listeriosis, was experiencing seizures with no prior history of epilepsy, had an MRI scan showing brain lesions and was slipping in and out of consciousness.
He asserted these were most likely factors for listeria-related brain infection.
A KPH doctor noted at the time that the patient had a listeria-related brain infection, but there was no “good evidence” for this, Prof Duflou said.
The witness preferred the MRI radiographer’s more “expert” opinion that there were aseptic blood clots on the brain – consistent with mini-strokes from a pre-existing heart condition.
“This is not an infective process.
“In this case there is in my view no concrete indication of meningitis.”
An accurate cause of death was difficult because no autopsy examination was done, he noted.
ICF is suing the Department of Health and Human Services for alleged misfeasance in the shutdown and destruction of its family business in early 2019.
The business is arguing that Dr Sutton acted with “reckless indifference” to whether ICF’s food was “unsafe” or “unsuitable” as well as to the likely harm to the business.
Dr Sutton – the DHHS’s only nominated witness – is expected to give evidence to the court on 14 August.
The trial is ongoing.
