PALM BEACH COUNTY, Fla. — Great-grandparents Roberta and Oscar Cash claimed they suffered a foodborne illness through contaminated Chilean blueberries purchased in May at a Publix Supermarket in Jupiter, records show.
The couple was diagnosed with an E. coli O145:H28 infection after suffering from bloody stools, abdominal pain, dehydration, and fever, according to their lawsuit filed on July 13 in Palm Beach County civil court.
Attorney Ron Simon, based in Houston, said he wants to make sure that Publix takes preventive action.
“They were both suffering pretty badly,” Simon said. “In fact, they had to rush Roberta to the hospital.”
Roberta Cash was at the Jupiter Medical Center’s emergency room, “aggressively treated” for 10 days, and required help from both The Gardens Court and the CenterWell Home Health care, according to the lawsuit.
On July 1, the Florida Department of Health notified the U.S. Centers for Disease Control and Prevention that there was a cluster of cases of Shiga toxin-producing E. coli O145 infections. On July 3, Frutas y Hortalizas del Sur S.A., San Carlos, Chile, recalled the GreenWise Organic IQF Blueberries, with Best by Feb. 9, 2028, due to the risk of potential E. coli O145 infection.
On July 6, the CDC announced an investigation into the “multistate outbreak of E. coli O145 infections.”
The Food and Drug Administration reported 12 illnesses, including 11 in Florida and one in Georgia, and four hospitalizations related to the product that was also shipped to Publix retail stores in Alabama, Kentucky, North Carolina, South Carolina, Tennessee, and Virginia.
“The public puts an incredible amount of trust in those sellers to make sure the food is safe,” Simon said. “In this case, Publix sold a bunch of berries that were tainted, that hurt a bunch of people, and that trust is broken. We are going to have the opportunity to make Publix make changes.”
Texas-based Ron Simon & Associates announced filing the civil lawsuit alleging strict liability, negligence, and breach of implied warranties, and seeking damages in excess of $50,000.
“Safety checks were missed in the production of the GreenWise Organic frozen blueberries, which were contaminated with E. coli O145:H28, a potentially life-threatening bacteria that is not killed by freezing,” Simon said in a statement. “As a result, numerous Publix customers have become severely ill.”
Publix did not respond to a request for comment on the pending litigation.
Read the lawsuit
Related story: GreenWise frozen blueberries sold at Publix recalled over possible E. coli contamination
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