Sarasota ice cream maker sued for ‘wrongful death’ of grandma

SARASOTA, Fla. — The widower of a great-grandmother, who used to stay within the Sarasota space, has filed a wrongful loss of life lawsuit in opposition to a Sarasota-based ice cream producer that the CDC recently announced it was investigating amid a Listeria outbreak.

Mary Billman’s husband is suing Big Olaf Creamery, which sells merchandise to Florida ice cream retailers, together with parlors owned and operated beneath its personal model identify.

The lawsuit was filed Tuesday within the Tampa division of the U.S. District Court for the Middle District of Florida. It claims Billman was visiting her daughter on Jan. 18 in Florida when she ate ice cream on the Big Olaf Creamery on Bahia Vista Street close to Kaufman Avenue in Sarasota. The lawsuit alleges that ice cream was contaminated with Listeria monocytogenes.

By Jan. 25, the lawsuit says Billman had developed gastrointestinal points, a low-grade fever and a urinary tract an infection. On Jan. 27, she was rushed to the hospital with a fever of greater than 103 levels.

“Over the course of the next two days, Mrs. Billman’s organs began to shut down due to her septic illness,” the lawsuit mentioned. “By the time her family was able to see her again, she was unconscious.”

Her household says she by no means regained consciousness and died on Jan. 29, abandoning her husband, three daughters, eight grandchildren and 4 great-grandkids.

The lawsuit accuses Big Olaf Creamery of negligence, arguing Billman’s ice cream was contaminated by “a dangerous foodborne pathogen.”

In a July 2 meals security alert, the CDC confirmed 22 different folks had been hospitalized throughout 10 states as a result of Listeria outbreak. The ice cream is barely bought in Florida, and most of the individuals who have been sickened reported journey to the state shortly earlier than signs started.

The CDC mentioned Big Olaf was voluntarily contacting retailers, recommending shops cease promoting their ice cream till additional discover. Government regulators additionally urged customers to throw away any Big Olaf ice cream they could have at house.

An investigation is underway into the Listeria outbreak, although no official recall has been initiated, in accordance with the CDC.

“The FDA is aware of and stands at the ready to assist with the outbreak investigation of Listeria monocytogenes infections being led by Florida state partners,” an FDA spokesperson mentioned. “Florida issued an advisory with specific advice for people living in or traveling to Florida.”

10 Tampa Bay tried to succeed in Big Olaf Creamery on Tuesday in an effort to get a response to the lawsuit. A spokesperson with whom we had beforehand spoken didn’t have a voice mail arrange. An organization voicemail was full, so we could not depart a message. An electronic mail has not but been returned.

However, we did hear from Big Olaf Creamery final weekend.

At the time, firm officer David Peachey defined that the enterprise’ retail areas are independently owned. Thus, he mentioned the ice cream producer can’t pressure them to cease promoting the merchandise until there may be definitive proof that the outbreak is particularly linked to their shops. However, Peachey mentioned it was really useful that shops that promote the merchandise be quickly shut down till testing might be accomplished.

At least one Sarasota retailer that 10 Tampa Bay visited over the weekend was persevering with to promote the ice cream.

Peachey instructed 10 Tampa Bay he was assured that Big Olaf Creamery has adopted well being tips on the subject of manufacturing and added that extra inspections have been being accomplished this week.

In a separate statement on social media, Big Olaf Creamery mentioned it had been cooperating with Florida regulators and the FDA. The firm mentioned it had been clear and answered questions from well being investigators – including that the well being and wellbeing of the general public was the enterprise’ “first priority.”

However, the model additionally made clear that it believes it is too early to attract any conclusions on the supply of the Listeria outbreak.

“For now it is only speculation as it is an ongoing investigation, our brand has not been confirmed to be linked to these cases, I am not sure why only Big Olaf is being mentioned and targeted,” Big Olaf Creamery wrote Sunday on Facebook. “The original report we got from the Florida Department of Health on Friday July 1st, was that there are 23 cases reported, the first one reported was January 2021. 6 out of the 23 patients mentioned having consumed Big Olaf ice cream, but nothing has been proven.”

According to the CDC, Listeria is almost definitely to trigger severe sickness in senior residents, pregnant girls, newborns or different folks with weakened immune techniques. Severe sickness is extra seemingly when the micro organism spreads past the intestine and into different elements of an individual’s physique.

“Symptoms of severe illness usually start within 2 weeks after eating food contaminated with Listeria, but may start as early as the same day or as late as 70 days after,” the CDC explains on its web site.

The CDC urged individuals who match the next standards and have the under signs to name their physician immediately:

• Pregnant girls: Fever, fatigue, muscle aches
• People who aren’t pregnant: Headaches, stiff necks, confusion, loss of stability, convulsions, fever and muscle aches

In some instances, Listeria may cause signs which are just like ones related to meals poisoning. Click here for regularly requested questions and solutions about Listeria.