The Marler Clark firm says Mike Hauser of Monument died Tuesday.
It's unclear if Hauser's death will be included in the federal Centers for Disease Control and Prevention's list of at least 30 deaths nationwide linked to an outbreak of listeria in cantaloupe from Jensen Farms in southeast Colorado.
The family referred questions Tuesday to their lawyers. The law firm says it believes Hauser died of a different infection that sent him back to the hospital after he had recently returned home from treatment for listeriosis.
The CDC has said the outbreak of listeria in cantaloupe this fall was the deadliest outbreak of foodborne illness in 25 years.
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