KANSAS CITY, Mo. (AP) – The family of a 92-year-old Kansas City man who died after eating contaminated cantaloupe is suing for wrongful death.

Relatives of Paul A. Schwarz had filed a damage lawsuit against Jensen Farms and distributor Frontera Produce after he developed listeriosis in September after eating the cantaloupe.

Schwarz spent five weeks in the hospital and was in a nursing home before he died on Dec. 18.

The Kansas City Star reports that attorneys for Schwarz filed the amended wrongful death lawsuit on behalf of Schwarz’s son, Paul F. Schwarz of Independence.

Federal health investigators this fall linked cantaloupe from Jensen Farms to 146 cases of listeriosis, which is a bacterial infection. Thirty deaths and one miscarriage were reported. The number was tallied before Schwarz’s death.

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