Publix Sued Over Alleged E. Coli Death From Recalled Blueberries

Morgan & Morgan has filed a wrongful death lawsuit against Publix Super Markets and distributor Quirch Foods, claiming a Largo, Fla., woman died after eating frozen organic blueberries that were later recalled in a multistate E. coli outbreak.

The suit, filed in Pinellas County Circuit Court on behalf of Richard and Spencer Mullins, claims Karla Mullins died on June 20 and her son, Spencer Mullins, was hospitalized with serious injuries. Both had consumed frozen blueberries later identified as part of a recall tied to an E. coli O145:H28 outbreak spanning multiple states. The complaint also seeks damages for personal injury.

The lawsuit claims both Publix and Quirch Foods failed to "adequately perform inspections and quality assurance" of the products.

A spokesperson for Lakeland, Fla.-based Publix told Supermarket News it would be inappropriate to comment on the pending litigation. A spokesperson for Coral Gables, Fla.-based Quirch Foods could not be reached for comment.

Recall Timeline

Frutas y Hortalizas del Sur S.A. issued an initial recall of the blueberries on July 3. The products were distributed to Publix stores in eight states. Publix expanded the recall on July 29 "out of an abundance of caution" to include all lots of GreenWise Organic Whole Blueberries and Whole Mixed Berries.

Frutas y Hortalizas del Sur S.A. broadened its recall again on Sept. 2, adding Great Value frozen Organic Triple Berry Blend (10 ounce) sold at Walmart in 26 states and Puerto Rico.

Second Lawsuit Against Publix

The Mullins family's suit is the second legal action tied to the recalled fruit. In July, another Florida couple, Oscar and Roberta Cash, sued Publix, alleging they became ill after consuming frozen blueberries covered by the recall. According to the lawsuit, filed by Ron Simon & Associates and Elizabeth Zwibel Law, both Cashes developed symptoms consistent with an E. coli infection.

CDC Count: 17 Sickened

The outbreak sickened 17 people, including six who were hospitalized, according to a Sept. 21 update from the Centers for Disease Control and Prevention. The CDC said the outbreak has ended and did not attribute any deaths to it. A CDC spokesperson could not be reached for comment on why Karla Mullins' death was not attributed to the outbreak.

The gap between the CDC's official death count and the allegations in the Mullins complaint signals the legal and epidemiological questions retailers and suppliers will face as litigation over the recall moves through Florida courts.