Cucumber Recall Lawsuit Filed By Woman Diagnosed With Salmonella Food Poisoning

The growers of recalled cucumbers linked to a nationwide salmonella food poisoning outbreak face a lawsuit from a Florida woman, who indicates that she fell ill after eating the tainted produce.

The complaint (PDF) was filed by Melissa Milligan in Palm Beach County Circuit Court on July 10, naming Fresh Start Produce Sales, Inc. and Bedner Growers, Inc. as the defendants.

At the end of May, the U.S. Food and Drug Administration (FDA) announced a massive cucumber recall after the Pennsylvania Department of Agriculture found salmonella in samples produced by the defendants.

To date, at least 449 people have ben infected with strains of Salmonella Africana or Salmonella Braenderup believed to be linked to the recalled cucumbers, which were sold in bulk by Fresh Start to retail distribution centers, wholesalers, and food service distributors in 14 states, including Alabama, Florida, Georgia, Illinois, Maryland, North Carolina, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, and West Virginia.

However, the CDC and FDA warn that those sellers may have shipped the cucumbers to additional states or repackaged them for other stores. The cucumbers, grown in Florida and shipped from May 17 to May 21, were not sold under a specific brand name.

According to Milligan’s lawsuit, she purchased the recalled cucumbers on May 19 and June 4 at a Publix Super Market in St. Augustine, Florida. Days later, on June 13 she began experiencing nausea, abdominal cramping, diarrhea, fever, muscle aches, fatigue, headaches and a urinary tract infection.

As a result of the food poisoning from the cucumbers, Milligan was prescribed medication at an Urgent Care Clinic and sent home. However, she returned several days later after her symptoms continued to worsen, and she was later diagnosed with a salmonella infection, from which she continues to recover, the lawsuit indicates.

“The cucumbers distributed to Publix by Defendant, Fresh Start Produce Sales, Inc., and grown by Defendant, Bedner Growers, Inc. were contaminated by Salmonella and were the cause of Plaintiff’s illness and injuries,” her lawsuit states. “Plaintiff continues to recover from her Salmonella infection, and she now suffers from anxiety about the food she eats.”

The lawsuit presents claims of strict liability, breach of warranty and negligence.

Salmonella Food Poisoning Risks

Salmonella food poisoning can cause diarrhea, fever, and stomach cramps. Symptoms usually begin about 6 hours to 6 days after consuming the bacteria. However, most people recover on their own without medical treatment within roughly one week.

Some people with a weakened immune system, people older than 65, and young children may experience serious symptoms, requiring medical treatment and hospitalization. In severe cases, salmonella infection can be fatal.

People who are experiencing symptoms of salmonella poisoning should call their doctor or seek medical treatment if they experience any of these things:

• Diarrhea or a fever higher than 102°F
• Diarrhea for more than 3 days that is not improving
• Bloody diarrhea
• Vomiting
• Unable to keep liquids down
• Dehydration, including symptoms such as not urinating, dry mouth and throat, dizziness when standing.