Blue Bell listeria suit turns up in Texas federal court

By David Yates | May 22, 2015

A Maryland resident is claiming Blue Bell ice cream left him “near death.”

A Maryland resident is claiming Blue Bell ice cream left him “near death.”

Plaintiff David Shockley, a former Houston resident, filed suit against Blue Bell Creameries on May 19 in the U.S. District Court for Western Texas, Austin Division.

Since March, Blue Bell has been melting under mounting charges of Listeria monocytogenes contamination of its ice cream products.

Blue Bell recalls and shutdowns have led droves of trial lawyers to start bombarding the Internet with advertisements fishing for listeria lawsuits.

As early as 2010, Blue Bell produced ice cream at facilities infested with Listeria, the suit alleges.

Shockley claims he consumed a variety of contaminated Blue Bell ice cream and subsequently developed a severe listeriosis infection.

“The bacteria infected Plaintiff’s blood and migrated to his brain where it caused extensive damage, leaving him unconscious and near death,” the suit states

“Plaintiff survived but even after well over a year of intensive neurological treatment, therapy and rehabilitation, he continues to suffer from, among other injuries, posterior fossa syndrome, a severe neurological syndrome caused by damage to the brainstem and cerebellum and characterized by cognitive, emotional, behavioral, motor, language and speech-related dysfunction.”

The suit accuses Blue Bell of product liability, negligence and misrepresentation.

Shockley is seeking an award of punitive damages.

He is represented in part by Jeffrey Tillotson, attorney for the Dallas law firm Lynn Tillotson Pinker & Cox.

Case No. 1:15-cv-00425

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