FLORIDA – A national food-poisoning law firm and a Florida attorney filed the first lawsuit tied to an outbreak of E. coli that public health officials say has been linked to frozen GreenWise Organic blueberries sold exclusively at Publix stores.
Ron Simon & Associates and Elizabeth Zwibel Law filed the suit Monday in Palm Beach County Circuit Court on behalf of Oscar and Roberta Cash, who bought the blueberries at a Publix in Jupiter in May and soon fell ill, according to the complaint and a law firm statement.
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Roberta Cash was hospitalized at Jupiter Medical Center for 10 days and then transferred to a nursing facility for about 18 more days of treatment, the lawsuit says. She remains under medical care. Oscar Cash also became ill but sought less intensive treatment while caring for his wife. The couple have been married 46 years; the complaint says they have six children, 11 grandchildren and seven great-grandchildren.
The plaintiffs allege strict liability, negligence and breach of implied warranties, and say Publix — which sold the GreenWise-branded product made by Frutas y Hortalizas del Sur S.A. of San Carlos, Chile — failed to ensure the product was safe before it reached consumers.
“Unfortunately, safety checks were missed in the production of the GreenWise Organic frozen blueberries, which were contaminated with E. coli O145:H28, a potentially life‑threatening bacteria that is not killed by freezing,” Ron Simon said in a statement. “In this litigation, we will make sure that all of our clients are fully and fairly compensated, find out exactly what went wrong, and make sure Publix takes steps to ensure that this never happens again.”
Public health agencies and recall The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention have linked a multistate outbreak of Shiga toxin–producing E. coli O145:H28 to the frozen GreenWise product.
As of July 6, federal agencies reported 12 confirmed illnesses — 11 in Florida and one in Georgia — with illness onset dates from May 11 to June 5, 2026, the complaint says.
Four victims required hospitalization, and affected people ranged in age from 2 to 88, according to the filing. Genetic testing indicated clinical isolates from victims shared a common source, the complaint says.
Frutas y Hortalizas del Sur initiated a recall July 3 of 10‑ounce bags of Frozen GreenWise Organic IQF Blueberries, lot code 60401, with a “Best By” date of Feb. 9, 2028. The complaint says the product was shipped to Publix stores across eight states: Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia.
The CDC has advised consumers to check freezers and not eat the recalled blueberries and has urged Publix to remove the product from store shelves.
The complaint, filed July 13 in Palm Beach County, seeks damages for past and future medical expenses, pain and suffering, lost wages and other economic and noneconomic losses. It alleges the product was adulterated and unreasonably dangerous when sold and that Publix failed to test and monitor safety and sanitary conditions and to follow good manufacturing practices.
Publix and the supplier did not immediately respond to requests for comment included in the court filing.
Consumers who think they have the recalled product should not eat it and may contact their health care provider if they develop symptoms such as bloody diarrhea, severe abdominal cramping, dehydration or fever, public health officials say.