First Blueberry E. Coli Lawsuit Filed by Ron Simon & Associates Against Publix on Behalf of Hospitalized E. coli Victim

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Jul 13, 2026, 16:40 ET

WEST PALM BEACH, Fla., July 13, 2026 /PRNewswire/ -- Today, the national food poisoning law firm of Ron Simon & Associates, along with Elizabeth Zwibel Law, filed the first E. coli lawsuit for contaminated GreenWise Organic blueberries sold exclusively at Publix stores in Florida.

While both became ill, Oscar’s focus was on his wife, who became exceptionally ill and required nearly a month of institutional medical care. She continues to receive weekly medical care.

A recent photo of Oscar and Roberta, who have been married for just under 47 years. They have six children with 11 grandkids and 6 great grandchildren. Both consumed the Publix brand blueberries as part of a healthy lifestyle. Both also became ill with E. coli within a short time of consuming this product.

Roberta has spent nearly a month in medical facilities, and continues to receive in-home rehabilitating care to this day. Roberta was hospitalized at Jupiter Medical Center for ten days, receiving aggressive medical treatment. After her initial hospitalization, Mrs. Cash was unable to return home and was transferred to The Gardens Court nursing facility where she underwent nearly three additional weeks of medical treatment. She continues to receive ongoing medical treatment for her symptoms.

According to the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC), as of July 6, 2026, twelve confirmed E. coli O145:H28 illnesses have been identified in connection with this multistate outbreak. Eleven illnesses have been reported in Florida and one in Georgia. The recalled product was sold exclusively in Publix stores in Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee, and Virginia.

Today, the national food poisoning law firm of Ron Simon & Associates, along with Elizabeth Zwibel Law, filed the first E. coli lawsuit for contaminated GreenWise Organic blueberries sold exclusively at Publix stores in Florida. The suit was filed on behalf of Oscar and Roberta Cash, who bought the contaminated GreenWise Organic blueberries from Publix in May 2026 and developed bloody diarrhea, severe abdominal pain, gas, stomach cramps, dehydration, and fever.

The suit was filed on behalf of Florida residents Oscar and Roberta Cash, who bought the contaminated GreenWise Organic blueberries from Publix in May 2026. Shortly thereafter, they both developed symptoms consistent with an E. coli infection, including bloody diarrhea, severe abdominal pain, stomach cramps, dehydration, and fever.

As Roberta's condition worsened, she was transported by Oscar to Jupiter Medical Center, where she remained hospitalized for ten days while receiving aggressive treatment. After her initial hospitalization, Mrs. Cash was unable to return home and was transferred to The Gardens Court nursing facility where she underwent nearly three additional weeks of medical treatment. She continues to receive ongoing medical treatment for her symptoms. Testing revealed that the cause of her illness was a severe E. coli O145:H28 infection from the tainted GreenWise blueberries.

Oscar, an Air Force Veteran and Florida resident since the mid-50s, and Roberta have been married for 46 years. They have 6 children, 11 grandkids, and 7 great-grandchildren.

Their nationally renowned food safety attorney, Ron Simon of Ron Simon & Associates, who represents several of the victims, issued the following statement this morning:

"Unfortunately, safety checks were missed in the production of the GreenWise Organic frozen blueberries, which were contaminated with E. coil O145:H28, a potentially life-threatening bacteria that is not killed by freezing.

As a result, numerous Publix customers have become severely ill. In this litigation, we will make sure that all of our clients are fully and fairly compensated, find out exactly what went wrong, and make sure Publix takes steps to ensure that this never happens again."

A copy of the lawsuit, filed in Palm Beach County, Florida, is available upon request.

According to the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC), as of July 6, 2026, twelve confirmed E. coli O145:H28 illnesses have been identified in connection with this multistate outbreak. Eleven illnesses have been reported in Florida and one in Georgia.

The tainted blueberries were supplied to Publix by Frutas y Hortalizas del Sur S.A. of San Carlos, Chile, which has since recalled the product.

Food Safety Attorneys Establish a GreenWise Organic Blueberry Claim Center

Mr. Simon and his law firm have established the GreenWise Organic Blueberry Claim Center to assist victims in the outbreak. The Claim Center can be reached toll-free at 1-888-335-4901 or by visiting the firm's website at https://www.ronsimonassociates.com/.

About Food Safety Attorney Ron Simon

Over the last 33 years, Ron Simon and his colleagues have prosecuted thousands of food poisoning cases for victims across the United States. His work has resulted in numerous upgrades to food safety procedures in Fortune 500 companies and in legislation designed to protect consumers from dangerous food-borne pathogens.

Mr. Simon and his clients have been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media. Mr. Simon and his legal team have collected over $850,000,000 for their clients.

His firm regularly publishes articles about food safety, outbreaks, and litigation at www.foodpoisoningnews.com which are read by viewers in over 180 countries.

Through litigation, media commentary, and his food poisoning publications, Mr. Simon relentlessly challenges food manufacturers, distributors, and restaurants to do a better job in making our food safe.

For media inquiries or more information on the GreenWise Organic Blueberry Claim Center, please contact Ron Simon directly at (713) 819-8116 or [email protected].

SOURCE Ron Simon & Associates