Companies Sued Over Cucumbers Linked to Salmonella Outbreak

A Florida woman is suing the distributor and growers of cucumbers linked to a salmonella outbreak that hit 31 states and D.C. and resulted in 449 people getting sick, claiming the ones she purchased gave her symptoms ranging from fever to urinary tract infection . .

Attorneys at Marler Clark and Chaikin Law Firm filed the lawsuit complaint on behalf of Melissa Milligan on Wednesday against Fresh Start Produce Sales Inc., which distributed the cucumbers, and Bedner Growers Inc., which grew them. Milligan is suing over allegations of strict liability, breach of warranty and negligence, according to the complaint filed in Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.

Milligan purchased cucumbers from the Publix Super Markets at the Shoppes at Murabella in St. Augustine, Florida, on two separate occasions – May 19 and June 4 – according to the complaint. She ate cucumbers until early June, and around June 10 she began experiencing nausea, abdominal cramps, diarrhea, fever, muscle aches, fatigue, headache, and a urinary tract infection – symptoms consistent with a salmonella infection.

A few days later, she went to an urgent care clinic and received medication for diarrhea. Her symptoms worsened, so she went to her primary care doctor. She was diagnosed with Salmonella Africana infection from the stool sample she provided, according to Bill Marler, managing partner at Marler Clark and one of Milligan’s attorneys. His urinalysis also showed blood in the urine, which could be a symptom of a serious infection, according to the complaint. Milligan is still recovering and now struggles with anxiety around food, the complaint said.

Marler says Milligan will likely make a full recovery, but adds that he incurred medical expenses while seeking treatment. Marler says it’s up to the jury to decide what compensation Milligan should receive.

“She was lucky not to have been hospitalized, but she was very sick for a long period of time, and having salmonella is not a pleasant experience,” Marler tells TIME.

A spokesperson for Fresh Start Produce Sales said in an emailed statement that the company is “aware of the lawsuit” and “taking it seriously” but declined to comment further because it is a legal matter. Bedner Growers did not respond to a request for comment.

The cucumbers Milligan ate were among those recalled by Fresh Start Produce Sales in late May due to concerns that they were contaminated with salmonella, Marler says.

See more information: You’re not imagining it: food recalls are becoming more common. Here’s why

The US Food and Drug Administration (FDA) announced on July 2 that officials from the FDA and the Centers for Disease Control and Prevention (CDC) are investigating a “multistate outbreak of Salmonella Africana and Salmonella Braenderup infections.” The outbreak has caused 449 illnesses in 31 states and the District of Columbia, as of July 1, although the C.D.C. he said that the actual number of people who have become sick is “probably much higher” because many people recover from salmonella without seeking medical care and therefore are not tested for the bacteria. Of the 188 sick people authorities spoke to, nearly 70% said they had eaten cucumbers.

Although initially considered two separate outbreaks, the CDC and FDA combined them because they shared many similarities, such as when and where the illnesses occurred, the demographics of the people who became ill, and the foods they said they consumed before becoming ill. . Investigators believe Bedner Growers’ cucumbers are a likely source of the illnesses, but the FDA emphasized that the company does not account for all illnesses in the outbreak.

The FDA said authorities conducted an inspection of Bender Growers, which supplies produce for fresh produce sales, and found Braenderup salmonella in samples of untreated canal water used by the company — and that it was consistent with the strain that causes some of the illnesses. in this country. outbreak. Authorities found other types of salmonella in soil and water samples at the site and are investigating whether those strains also caused illness.

The FDA said Bedner Growers’ cucumber growing and harvesting season has ended and that no products from that farm are on the market at this time, so there is “probably no ongoing risk to the public.”

Marler says there may be other people who have become sick from eating contaminated cucumbers and whose cases have not yet been reported by authorities. While his company has only filed one lawsuit against Fresh Start Produce Sales and Bedner Growers related to this outbreak, he says his team has been contacted by others with similar reports.

“The farmers there certainly don’t intend for this to happen, but I think it just highlights how important food safety is – testing a product before it hits the market so these outbreaks don’t happen,” Marler says.

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