May 20, 2015 — The Dallas Morning News reports that a lawsuit has been filed by a man who says he nearly died after eating Listeria-tainted ice cream made by Blue Bell Creameries.
The lawsuit (PDF) was filed in federal court in the U.S. District Court for the Western District of Texas (Case No. 1:15-cv-425) by David Philip Shockley.
In 2013, Shockley was a 31 year-old working in Houston, Texas who regularly ate Blue Bell ice cream products. At the time, he also suffered from ulcerative colitis and was taking immunosuppressive medications that made him vulnerable to infections from Listeria.
In October, he developed a very severe headache and was eventually hospitalized. When he regained consciousness six days later, he was “unable to walk, talk, swallow, or move much of his body.”
His spinal fluid tested positive for Listeria and he was diagnosed with an invasive meningitis infection with encephalitis.
According to the lawsuit:
“The source of the Listeria monocytogenes that caused his infection was one or more of the Blue Bell products he consumed in the months leading up to his acute infection.”
After months of hospitalization and rehabilitation, Shockley moved to Maryland where his parents could more easily care for him. He continues to suffer from residual neurological conditions, including posterior fossa syndrome (PFS), and has been unable to work.
Last month, Blue Bell Creameries recalled all of their products. Health officials have confirmed at least 10 cases of listeriosis, including three hospital patients in Kansas who died. The outbreak has been ongoing since 2010. According to the FDA, there were 17 positive swabs for Listeria at Blue Bell Creameries facilities since March 2013.
Do I have a Blue Bell Ice Cream Lawsuit?
The Schmidt Firm, PLLC is currently accepting Blue Bell induced injury cases in all 50 states. If you or somebody you know has been diagnosed with Listeria, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Food Poisoning Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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