A south Florida woman died after eating frozen blueberries that were later the subject of a recall, the woman’s husband alleges in a lawsuit naming Publix supermarkets and a food distributor.

Richard Mullins, of Largo, near St. Petersburg, and his son filed the product liability suit in Pinellas County, claiming that the blueberries were contaminated with a strain of E. coli bacteria. Karla Mullins and her son ate the produce earlier this summer then became ill and were hospitalized, the lawsuit complaint explains. Karla died on June 20.

The berries were sourced from Quirch Foods, based in Coral Gables, and were sold under Publix’ GreenWise label, the Sept. 21 suit contends.

The distributor and the grocer failed to adequately inspect the blueberry packages, as well as handling and cleaning procedures.

The plaintiffs are represented by an attorney with the Morgan & Morgan injury law firm. The defendant food companies have not yet filed an answer to the complaint, nor a motion to dismiss.

Lakeland-based Publix in late July announced a recall of its frozen GreenWise blueberries that had been grown in Chile and shipped to eight Southeastern states. Some 13 people in Florida and four in Georgia were sickened by the contaminated products, according to the U.S. Food and Drug Administration, which declared the outbreak over with and terminated the recall on Sept. 21.

Publix is said to be self-insured up to a certain level, with private insurance coverage above that, according to news reports and plaintiffs’ law firms.

Topics Lawsuits Florida