Retired Firefighter Says Raw Oysters Led to Cardiac Arrest, Brain Injury

A Cook County lawsuit accuses Gibsons Bar and Steakhouse and several seafood companies of selling contaminated raw oysters that allegedly caused a customer to develop multiple bacterial infections, suffer cardiac arrest and sustain permanent brain damage.

Joseph Belgio, 44, a retired Cicero firefighter and Marine veteran, filed the lawsuit Monday in Cook County Circuit Court against Gibsons Steakhouse Oak Brook LLC, GRG Holdings LLC, Supreme Lobster and Seafood Company and Taylor Shellfish Company. The suit brings product liability, negligence and warranty claims against businesses allegedly involved in serving or supplying the oysters.

Belgio says he ate raw oysters at the Oak Brook restaurant on June 30, 2025, and consumed no other raw oysters or shellfish before becoming seriously ill. Three days later, he suffered cardiac arrest and was treated for an anoxic brain injury, which occurs when the brain is deprived of oxygen.

Hospital testing allegedly identified Vibrio cholerae, Enteropathogenic E. coli and Plesiomonas shigelloides. According to the complaint, Belgio's treating doctors concluded that the oysters caused his illness, cardiac arrest and resulting injuries.

Belgio claims Gibsons served the allegedly contaminated shellfish, while Supreme Lobster and Taylor Shellfish were involved in bringing the product through the supply chain before it reached the restaurant. The lawsuit also names GRG Holdings in connection with the restaurant's operations and food purchasing.

One of Belgio's claims relies on the implied warranty of merchantability, a protection that generally accompanies the sale of goods. Illinois law treats food served for payment at a restaurant as a sale, meaning food offered to customers is ordinarily expected to be fit to eat. Belgio argues the alleged bacterial contamination made the oysters unfit for consumption. He also claims Gibsons breached an express warranty by selling and describing them as food suitable for customers.

The lawsuit also relies on strict product liability and negligence, which address different forms of responsibility. Strict liability generally focuses on whether a product was defective and unreasonably dangerous when it left a business's control, while negligence asks whether a company failed to use reasonable care. Belgio separately accuses the companies of failures involving sourcing, refrigeration, handling and inspection.

A separate part of the lawsuit concerns the warning on Gibsons' menu. Belgio claims the restaurant advised customers that consuming raw or undercooked meats, poultry or eggs could increase the risk of foodborne illness, but did not mention seafood or shellfish. He argues the notice did not adequately explain the risks associated with eating raw oysters.

Illinois food rules incorporate the FDA's 2022 Food Code, which requires restaurants serving raw or undercooked animal foods to identify those foods and provide a reminder about the increased risk of foodborne illness. The FDA's model language includes seafood and shellfish among the foods covered by the warning. The rule does not require restaurants to identify every possible pathogen or potential medical complication.

The lawsuit seeks damages for medical expenses, lost earnings, pain and permanent impairment, among other losses. Belgio has also demanded a jury trial.

An initial case management date is scheduled for Oct. 7 in Cook County Circuit Court.