FLORIDA — A national food poisoning law firm has filed the first lawsuit against Publix over recalled GreenWise Organic frozen blueberries linked to a multistate E. coli outbreak, according to attorneys representing the plaintiffs.
The lawsuit, filed by Ron Simon & Associates and Elizabeth Zwibel Law, was brought on behalf of Oscar and Roberta Cash, a Florida couple who said they became seriously ill after purchasing the blueberries from Publix in May 2026, according to a news release.
According to the complaint, both developed symptoms consistent with E. coli infection, including bloody diarrhea, severe stomach pain, dehydration and fever. Attorneys said Roberta Cash was hospitalized at Jupiter Medical Center for 10 days before being transferred to a nursing facility for nearly three additional weeks of treatment.
Testing confirmed she was infected with E. coli O145:H28, the lawsuit states.
“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,” attorney Ron Simon said in a statement.
The U.S. Food and Drug Administration and Centers for Disease Control and Prevention reported that, as of July 6, 12 confirmed illnesses have been linked to the outbreak, including 11 in Florida and one in Georgia.
The recalled blueberries were supplied to Publix by Frutas y Hortalizas del Sur S.A. of San Carlos, Chile, according to the release.
Simon’s law firm said it has established a claim center for people who believe they became ill after consuming the recalled product.
In a July 3 release, Publix said the recalled product was shipped to retail stores throughout eight states including Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia.
"Consumers who have frozen GreenWise blueberry products with the affected lot date should not consume it," Publix said in its release. "The product should be discarded or returned to the place of purchase for a full refund."
The affected product lot code is 60401 with a best buy date of February 9, 2028.
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