Publix Faces Wrongful Death Lawsuit Over E. Coli-Linked Blueberries

Publix is facing a wrongful death lawsuit from the family of a 74-year-old Florida woman who became seriously ill after eating GreenWise frozen blueberries later linked to a multistate E. coli outbreak and died weeks later.

Richard Mullins, the husband of Karla Mullins, filed the lawsuit Sept. 17 in Pinellas County Circuit Court on behalf of her estate and alongside their son, Spencer Mullins. The complaint alleges Karla Mullins bought GreenWise Organic frozen blueberries from a Publix store in Largo around May 21 and ate them with her son.

Both later became ill and required hospitalization, according to the complaint. Karla Mullins died June 20 at Morton Plant Hospital, while Spencer Mullins survived and is seeking damages tied to his own illness.

A sample of Publix GreenWise frozen blueberries tested positive for the same E. coli strain found in people who became sick during the outbreak, according to the Centers for Disease Control and Prevention.

Federal health officials linked frozen organic blueberries supplied by Chilean producer Frutas y Hortalizas del Sur S.A. to an outbreak of E. coli O145. The CDC identified 17 illnesses in Florida and Georgia, including six hospitalizations.

The CDC closed its investigation Sept. 21 after confirming 17 illnesses and six hospitalizations. Mullins’ death was not included in that official outbreak count.

The complaint alleges the contaminated blueberries caused the illness that led to Mullins’ death. Because her death was not included in the CDC’s confirmed outbreak count, the family will need to prove through medical records and other evidence that the contaminated berries caused the illness that led to her death.

The first recall was announced July 3, several weeks after Mullins allegedly made her purchase. Frutas y Hortalizas del Sur initially recalled one lot of the 10-ounce GreenWise Organic product. Publix expanded the recall July 29 to include all lots of its GreenWise Organic Whole Blueberries and Whole Mixed Berries sold in 10-ounce and 48-ounce packages.

The recalled products had been distributed to Publix stores in Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia.

The lawsuit includes wrongful death, negligence, and warranty claims against Publix and Quirch Foods. It identifies Frutas y Hortalizas del Sur as the company that supplied and harvested the blueberries.

The family alleges the blueberries were defective and unreasonably dangerous because of the E. coli contamination. The negligence counts accuse Publix and Quirch Foods of failing to use reasonable care in inspecting, handling, distributing, and selling the berries.

Florida product liability law can allow consumers to pursue retailers and distributors over allegedly defective products even when another company produced or supplied them.

Richard Mullins is seeking unspecified damages on behalf of his wife’s estate, including compensation for lost support and companionship, emotional suffering, and medical and funeral expenses. Spencer Mullins is seeking damages tied to his own illness, including medical costs, lost wages, and pain and suffering.

A separate lawsuit in Palm Beach County makes similar allegations against Publix. Oscar and Roberta Cash say they became sick after eating GreenWise frozen blueberries purchased at a Jupiter store.

Their complaint states that Roberta Cash, who was 88 at the time, spent 10 days in a hospital followed by 18 days in a rehabilitation facility.

Health officials have declared the outbreak over, but some of the recalled products may still be sitting in home freezers because their best-by dates extend into 2028.

The CDC continues to advise consumers who still have the affected blueberries or berry mixes in their freezers to discard them or return them to the store.