A Florida husband is suing Publix and a food distributor after claiming his 74-year-old wife became gravely ill and died after eating frozen blueberries later tied to a major E. coli recall.
Richard Mullins filed the wrongful death lawsuit in Pinellas County against Publix and Coral Gables-based distributor Quirch Foods Inc., alleging his wife, Karla Mullins, ate contaminated GreenWise Organic Whole Blueberries purchased from a Publix store in Largo.
Another family member, Spencer Mullins, also allegedly became sick after eating the berries and survived. Probate records cited by the Tampa Bay Times identify Spencer as the couple’s son.
According to the lawsuit, Karla bought the frozen blueberries from a Publix on Ulmerton Road around May 21.
She and Spencer allegedly ate the berries over the following days before both became ill and required hospitalization.
Karla died at Morton Plant Hospital on June 20. She was 74.
The family’s lawsuit alleges the blueberries were contaminated with E. coli O145:H28, a dangerous strain of Shiga toxin-producing E. coli.
The lawsuit comes after federal health officials investigated an actual multistate E. coli outbreak linked to frozen blueberries.
The outbreak eventually grew to 17 confirmed illnesses in Florida and Georgia, according to federal health data. Six people were hospitalized, and 11 of 13 patients interviewed by investigators said they had eaten frozen blueberries.
However, the Centers for Disease Control and Prevention has reported no deaths as part of its official outbreak count. That means the claim that Karla’s death was caused by the berries remains an allegation in the Mullins family’s civil lawsuit and has not been included as an outbreak death by federal health authorities.
The blueberry recall began July 3, when Chilean supplier Frutas y Hortalizas del Sur S.A. recalled a specific lot of 10-ounce GreenWise Organic frozen blueberries.
That first recall involved lot code 60401 and a best-by date of February 9, 2028.
The situation soon became much bigger.
On July 29, Publix recalled all lots of its GreenWise Organic Whole Blueberries and GreenWise Organic Whole Mixed Berries over concerns that they could contain E. coli O145:H28.
The expanded recall covered both 10-ounce and 48-ounce bags sold at Publix stores in Florida, Alabama, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia.
Publix said at the time that it had already stopped selling the affected frozen berries by the end of June and expanded the recall following epidemiological and product-traceback information from public health officials.
E. coli O145 is capable of causing severe stomach cramps, diarrhea, including bloody diarrhea, and vomiting.
In some cases, the infection can trigger a dangerous complication known as hemolytic uremic syndrome, or HUS, which can result in kidney failure. Older adults, young children and people with weakened immune systems can face an increased risk of serious complications.
The FDA later classified the GreenWise berry recall as a Class I recall, its most serious classification, which is used when exposure to a product carries a reasonable possibility of serious health consequences or death.
The outbreak has since been declared over, but health officials have warned that the recalled berries may still be sitting inside consumers’ freezers because some packages carried best-by dates extending into 2028.
The Mullins lawsuit accuses Quirch of failing to adequately inspect and ensure the safety of the berries and alleges the distributor failed to stop sales and warn consumers quickly enough.
It also argues that Publix bears responsibility as the retailer that sold the allegedly contaminated product.
Publix and Quirch had not filed public responses to the allegations when the lawsuit was reported, and representatives for both companies did not respond to requests for comment from the Tampa Bay Times.
Richard Mullins is seeking unspecified damages that include loss of his wife’s companionship and support, mental pain and suffering, and medical and funeral expenses.
Spencer is also seeking damages related to his own alleged illness, including medical expenses, lost wages and pain and suffering.
The Mullins family is not the first to take legal action over the recalled berries.
A separate lawsuit filed in Palm Beach County in July alleges that Oscar and Roberta Cash became sick after buying the berries from a Publix store in Jupiter. According to that complaint, Roberta Cash, who was 88 at the time, spent 10 days hospitalized followed by another 18 days in a rehabilitation facility.
The latest lawsuit will now have to establish whether the recalled blueberries caused Karla Mullins’ illness and death and whether Publix or Quirch can be held legally responsible.
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