JUPITER FARMS, Fla. — A Jupiter couple is suing Publix after they say GreenWise Organic Frozen Blueberries they purchased at the store made them seriously ill, leading to a month-long medical ordeal and hundreds of thousands of dollars in medical bills.
Oscar and Roberta Cash say they bought the frozen blueberries in late May. Days after eating them, both suffered from diarrhea, fever, and cramps.
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Ron Simon, a food safety attorney with Ron Simon & Associates representing the couple, said Roberta's condition was more severe than her husband's.
"Oscar rushed his wife to the hospital where she had to be admitted and stay there for 12 days and be transferred to another rehab facility for another 18 days," Simon said.
The hospital determined the cause was a rare form of E. coli poisoning, specifically E. coli O145.
Earlier this month, the FDA and CDC announced the rare E. coli strain was traced back to contaminated GreenWise Organic Frozen Blueberries sold at Publix.
"The Publix blueberries were distributed to several Southeastern states, but it turns out as of right now only illnesses are in two states. There are 11 in Florida and 1 in Georgia," Simon said.
Simon said Publix bears responsibility for the contaminated product because it was sold in their stores, regardless of where it was sourced.
"I suspect our discovery and our subpoenas will determine this—is that the blueberries weren't properly cleaned or washed in Chile and they certainly weren't properly tested before they were sent across our border," Simon said.
The Cashes are seeking compensation for their medical expenses. However, Simon said their goal extends beyond financial recovery.
"Most importantly, we want to make Publix and their suppliers take steps so that it does not happen again," Simon said.
We reached out to Publix for comment on this lawsuit, but have not yet received a response.
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