A Florida man has filed a wrongful death lawsuit against Publix Super Markets and distributor Quirch Foods, alleging his wife died after consuming GreenWise Organic frozen blueberries that were later recalled due to a multistate E. coli O145:H28 outbreak. The suit also seeks damages for personal injury on behalf of the couple's son, who was allegedly hospitalized. A second lawsuit from another Florida couple was filed in July over the same recall.
The recall originated with Frutas y Hortalizas del Sur S.A. and was later expanded by Publix to cover all lots of GreenWise Organic Whole Blueberries and Whole Mixed Berries. A separate expansion also pulled Great Value frozen Organic Triple Berry Blend from Walmart stores in 26 states and Puerto Rico. The CDC confirmed 17 illnesses and six hospitalizations tied to the outbreak, and noted the outbreak has ended — though the agency did not attribute any deaths among confirmed cases.
This case is worth watching closely because it escalates the legal and reputational stakes around frozen berry food safety well beyond a standard recall situation. Buyers and category managers sourcing frozen or organic berry programs should monitor how liability is assigned across the supply chain — from grower to distributor to retailer — as litigation like this can reshape vendor qualification standards.