The lawsuit alleges Karla Mullins died after eating frozen GreenWise blueberries later connected to a multistate E. coli outbreak.
LARGO, Fla. — The family of a Florida woman who died in June has filed a wrongful death lawsuit against Publix Super Markets and food distributor Quirch Foods, alleging that E. coli-contaminated frozen blueberries sold by the grocery chain caused her fatal illness.
The lawsuit says Karla Mullins ate GreenWise Organic frozen blueberries purchased from a Publix store in Largo before becoming ill. Her son, Spencer Mullins, also ate the berries and became sick enough to require hospitalization, according to the complaint. Mullins died June 20. Her husband, Richard Mullins, and their son are seeking damages from Publix and Quirch Foods. The claims have not been decided in court, and the lawsuit does not by itself establish that the berries legally caused Mullins’ death.
The case follows a federal investigation into an outbreak of E. coli O145 linked to frozen organic blueberries supplied by Frutas y Hortalizas del Sur S.A. of San Carlos, Chile. The Centers for Disease Control and Prevention said epidemiological, laboratory and traceback evidence showed that frozen blueberries from the supplier were contaminated with the outbreak strain and made people sick. The CDC closed its investigation Sept. 21 after reporting 17 illnesses in Florida and Georgia and six hospitalizations.
Federal outbreak figures listed no deaths among the 17 cases counted by public health investigators. That differs from the wrongful death complaint, which alleges Mullins’ death was caused by an infection connected to the recalled berries. The difference does not necessarily resolve the family’s claim because government outbreak counts and evidence presented in civil litigation can involve different records, reporting standards and determinations. The lawsuit will require the plaintiffs to support their allegations through the legal process.
According to reports on the complaint, Mullins ate the frozen GreenWise blueberries after they were purchased in May. The family alleges the product contained a pathogenic strain of E. coli and that Publix and Quirch Foods failed to ensure that the food was safe. The lawsuit includes claims tied to Mullins’ death and to Spencer Mullins’ illness. Publix and Quirch Foods are defendants in the civil action, and the allegations against them remain unproven unless established through court proceedings or resolved through a settlement.
The outbreak became public in early July. The FDA said the Florida Department of Health notified federal officials July 1 about a cluster of E. coli O145 illnesses. Interviews with patients pointed investigators toward frozen GreenWise organic blueberries sold at Publix. A 10-ounce lot of GreenWise Organic IQF Blueberries was recalled July 3 by Frutas y Hortalizas del Sur after illnesses were linked to the product. That lot carried code 60401 and a best-by date of Feb. 9, 2028.
Publix expanded the recall July 29 to include all lots of GreenWise Organic Whole Blueberries and Whole Mixed Berries after regulators raised concerns about additional product. The recalled GreenWise products had been distributed to Publix stores in Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia. The FDA also placed frozen blueberries from the Chilean supplier on an import alert, allowing shipments to be detained without physical examination under certain circumstances.
The investigation later expanded beyond Publix products. In September, the supplier recalled a lot of Great Value Organic Triple Berry Blend sold at Walmart after traceback work connected the product to the same supplier. The CDC said illnesses in the overall outbreak began between May 11 and Aug. 2. Of 13 patients interviewed during the investigation, 11 reported eating frozen blueberries. Federal investigators ultimately counted 17 cases, with six people hospitalized.
Laboratory evidence strengthened the connection between the outbreak and the frozen fruit. The CDC said Publix collected and tested samples of its GreenWise frozen blueberries and one sample tested positive for the same strain of E. coli found in people who became sick. Whole genome sequencing also showed that bacteria collected from patients were closely related genetically, supporting investigators’ conclusion that the illnesses came from the same food source.
E. coli O145 is a Shiga toxin-producing form of the bacteria. Infections can cause severe stomach cramps, diarrhea and vomiting, according to federal health officials. Some patients can develop hemolytic uremic syndrome, a serious complication that can damage the kidneys. The severity of infection varies, and public health officials said most people in the investigated outbreak were not hospitalized.
The CDC and FDA declared the blueberry outbreak investigation closed Sept. 21, but the recalls remain significant because affected frozen products carry best-by dates extending into 2028. The civil lawsuit involving Mullins is separate from the government outbreak investigation and remains the forum in which the family’s claims against Publix and Quirch Foods will be tested.
Author note: Last updated September 30, 2026.