A South Florida couple has filed a lawsuit against Publix after claiming that frozen blueberries sold under the grocery chain’s GreenWise brand contained E. coli infections, making both of them sick and sending one of them to the hospital for several days.
according to orlando sentinelThe lawsuit was filed in Palm Beach County Circuit Court by food safety attorneys at Ron Simon & Associates and Elizabeth Zwibel Law on behalf of Oscar and Roberta Cash.
The complaint alleges that the couple purchased GreenWise Organic IQF frozen blueberries from a Publix store in Jupiter, Florida in May 2026 and consumed the product as part of their diet before both developed symptoms associated with E. coli infections.
The lawsuit seeks damages from Publix, claiming the retailer sold a product that was not safe for consumers and failed to prevent contaminated food from reaching store shelves. The filing includes claims of negligence, strict liability and breach of implied warranty. They’re reportedly being sued for more than $100,000.
hospitalization after illness
Court documents reportedly state that Oscar and Roberta Cash experienced bloody diarrhea, stomach cramps, dehydration, fever and abdominal pain after eating frozen blueberries. While Oscar recovered with less intensive treatment, Roberta, now 88, faced a more serious illness.
According to the complaint, she spent 10 days at Jupiter Medical Center before being transferred to a nursing facility, where she remained for about three weeks. Even after infection, he is receiving medical care. Lawyers representing the couple say laboratory testing confirmed she was infected with E. coli O145:H28.
The lawsuit also alleges that the bacteria survived because freezing does not kill this strain of E. coli, making contaminated frozen fruit capable of causing illness if eaten.
Recall and federal investigation
legal action This follows a recall announced by Chile-based supplier Frutas y Hortalizas del Sur SA on July 3, involving 10-ounce bags of GreenWise Organic IQF blueberries with lot code 60401 and a best-by date of February 9, 2028. The recalled product was distributed exclusively through Publix stores in Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee, and Virginia.
According to the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention, the recalled blueberries have been linked to a multistate outbreak involving at least 12 confirmed E. coli cases, including 11 in Florida and one in Georgia.
Four people required hospitalization, and investigators traced the illnesses to the recalled frozen blueberries. Consumers have been advised not to eat the affected product and either discard it or return it to Publix for a refund.
The lawsuit is believed to be the first legal action filed in connection with the blueberry outbreak and could become an early test of how responsibility for contamination is divided between the retailer and its supplier as federal investigators continue to investigate the source of the outbreak.
