When a major grocery chain sells a contaminated food product that kills or hospitalizes a customer, Florida law does not require the family to prove the store was careless — only that the product was unreasonably dangerous when it was sold. That is the theory behind a new lawsuit against Publix and food distributor Quirch Foods over frozen blueberries linked to a Largo, Florida woman’s death. Families facing this situation can speak with a Florida product liability attorney at The Perazzo Law Firm by calling 888-PERAZZO.
What the Lawsuit Alleges
The Perazzo Law Firm has learned, according to Fox Business, that a lawsuit filed in Pinellas County Circuit Court accuses Publix and Quirch Foods of selling a defective and unreasonably dangerous product that led to Karla Mullins’ death on June 20, according to the lawsuit. The complaint alleges Mullins ate GreenWise Organic frozen blueberries purchased from a Publix on Ulmerton Road in Largo and died from an infection tied to E. coli O145:H28, a Shiga toxin-producing strain that federal health officials have linked to an outbreak connected to the berries, Fox Business reports.
According to the complaint, Mullins’ son also ate the same product and was hospitalized after becoming sick. The lawsuit names Publix as the seller of the GreenWise blueberries and identifies Quirch Foods as an intermediate distributor, per Fox Business. Publix recalled its GreenWise Organic Whole Blueberries and Whole Mixed Berries in July, after Chilean supplier Frutas y Hortalizas del Sur S.A. recalled one lot July 3 and Publix expanded the recall to all lots July 29, per Fox Business. Publix and Quirch Foods had not responded to Fox Business at the time of publication. These are allegations in an active, unresolved case; no court has found either company liable.
How Florida Product Liability Law Applies
Florida recognizes strict product liability: an injured person generally does not have to prove a retailer or distributor was negligent in how it stored or handled a product — only that the product was defective or unreasonably dangerous when it reached the consumer. A retailer and a distributor further up the supply chain can potentially both be named as defendants in the same case — the structure this lawsuit follows.
Florida also typically requires a wrongful death claim to be filed within two years, under Fla. Stat. § 95.11(5)(e), and negligence-based claims carry the same two-year window under Fla. Stat. § 95.11(5)(a). These are general limitations periods; a product liability claim’s exact deadline depends on the specific facts, so families should not wait to have a claim reviewed.
Two Separate Claims Can Arise From One Product
A case like this can involve more than one type of claim at the same time:
- A wrongful death claim on behalf of the deceased’s survivors, brought under Florida’s Wrongful Death Act, Fla. Stat. §§ 768.16–768.26.
- A personal injury claim for a surviving family member who was hospitalized after eating the same product, which runs on its own timeline separate from the wrongful death claim.
The Perazzo Law Firm previously covered the underlying recall in more detail; read our earlier report on the GreenWise berry recall and what affected Florida consumers should do.
FAQ
Does a family have to prove the store was negligent?
No. Under Florida’s strict product liability doctrine, a family typically must show the product was defective or unreasonably dangerous when sold — not that the retailer mishandled it.
Can more than one company be sued over the same product?
Yes. Florida allows claims against multiple companies in a product’s supply chain, as this lawsuit against Publix and Quirch Foods shows.
How much time does a family have to file a wrongful death claim in Florida?
Florida typically allows two years from the date of death under Fla. Stat. § 95.11(5)(e), though the facts of a specific case can affect the deadline.
Speak With a Florida Product Liability and Wrongful Death Lawyer
If contaminated food from a major retailer harmed you or took the life of a family member, a Florida wrongful death lawyer at The Perazzo Law Firm can review the retailer liability claim available to you. Call 888-PERAZZO or visit our contact page for a free case evaluation — no attorney’s fee unless we recover for you*.
* No fee if no recovery. Our attorney's fee is contingent on a recovery, but you may still be responsible for court costs and case expenses, as set out in your written contingency fee agreement. Contingent fees are not permitted in all types of cases.
Miami Personal Injury Attorney Advertising. This article is general information about Florida law, not legal advice, and does not create an attorney-client relationship. Past results do not guarantee a similar outcome; no verdict, settlement, or finding of liability has occurred in the case described, and all claims described from the lawsuit are allegations only. The Perazzo Law Firm maintains a bona fide office in North Miami Beach, Florida, and at 1372 Peachtree St NE, Atlanta, Georgia 30309. Jonathan Perazzo, Esq. is responsible for the content of this advertisement.