TORONTO - Disturbing accounts of death by Listeria poisoning are contained in court documents filed in support of a proposed class-action lawsuit against Maple Leaf Foods, whose recalled tainted meat products are linked to a listeriosis outbreak that claimed 20 lives across Canada.

"She was convulsing. My mother took three breaths of air, then passed away with her eyes shut," Diane Weinkauf states in describing the death of her mother Elizabeth Schroh in Unity, Sask., in August.

Weinkauf, whose affidavit was obtained Wednesday, is seeking to become a representative plaintiff "to seek justice for families and individuals that have suffered a loss or been very ill due to the defendant's carelessness."

The claims have not been proven in court.

According to the affidavit, Schroh, 82, contracted the bacterial poisoning from tainted Maple Leaf meat, including a turkey sandwich, fed to her in hospital. The statement said Schroh had diabetes and a blood disease but was doing well until then.

In an interview from Swift Current, Sask., Schroh's son Dennis Schroh blamed the federal government for changes made to the food inspection system and the company for producing the tainted products.

"The government is the one that had the gun and Maple Leaf had the bullets," Schroh said.

"It finished her off. I want justice, simple as that. Stuff like this should never be happening again."

Regina lawyer Tony Merchant, who is handling the proposed action, said Wednesday more than 4,500 people across Canada have signed on to the proposed class action.

The claims, filed separately in six provinces, accuse Maple Leaf of negligence. The action filed in Ontario specifies $350 million in general and special damages.

"We don't believe that it's necessary to show negligence with something like food; there's a higher level of safety required, so if something goes wrong, then compensation should follow," Merchant said.

"We believe the company and their insurers recognize that."

Maple Leaf CEO Michael McCain has apologized for the outbreak that's been linked to a company plant in Toronto, and has said his company would take full responsibility.

In another affidavit, Timothy Clark of Madoc, Ont., says his mother Frances Clark, 89, ate tainted Maple Leaf products as she recovered in a hospital in Belleville, Ont., in August after a fall, and again at a long-term care facility.

"I saw mother semi-conscious with her eyes fixed to the left," Clark states. "Her breathing was very rapid and laboured."

Clark died Aug. 25 in hospital.

"Maple Leaf should not have put this killing product into the marketplace, recalled their contaminated meat products much sooner than they did and warned the public when they knew of the probable dangers rather than delaying when they did," Clark's affidavit states.

Linda Smith, a spokeswoman for the company, said "the recall was announced within hours of positive tests coming back."

The federal food agency told the company Aug. 12 it was investigating, Smith said Wednesday.

The following day, the company issued an "early alert" to distributors and retailers asking them to put a hold on the suspected products, she added.

Tests only confirmed contamination Aug. 16.

Merchant said those affected by Listeria poisoning had been signing on to the proposed action via a website and through calls or letters to his office.

He said he wants the action certified "as quickly as possible," preferably in Quebec or Saskatchewan, in part because of the court congestion in Ontario and because plaintiffs could end up having to pay costs if the action fails in Ontario.