First Lawsuit Filed in Blue Bell Listeria Contamination

Amid ongoing recalls of Blue Bell Creameries’ ice cream products, a
plaintiff has filed a lawsuit alleging that the company is liable for his
severe listeriosis infection he says stems from the consumption of several
varieties of contaminated products. Shockley v. Blue Bell Creameries
Inc., No. 15-425 (W.D. Tex., filed May 19, 2015). The plaintiff alleges
that Listeria monocytogenes infected his blood, then brain, resulting in
permanent brain damage and leaving him near death.

The complaint documents the recent Listeria outbreak subsequently
linked to Blue Bell’s products by the Centers for Disease Control and
Prevention. “Blue Bell utterly failed to design and implement sanitation
and safety programs that would have prevented the sort of infestation
and contamination that occurred at its facilities over a period of years,”
the plaintiff asserts. He seeks compensatory, economic and punitive
damages for strict product liability, negligence, misrepresentation and
breach of warranties.

Issue 566