Publix Super Markets is facing a wrongful-death and product-liability lawsuit after the family of a 74-year-old Florida woman alleged that she became seriously ill and died after consuming GreenWise Organic frozen blueberries later recalled over potential E. coli O145 contamination.
The lawsuit was filed in Pinellas County Circuit Court on behalf of Karla Mullinsβ husband, Richard Mullins, and her son, Spencer Mullins.
The complaint names Publix and Quirch Foods, a Coral Gables-based food distributor, as defendants. The allegations have not been proven in court.
Publix Blueberry Lawsuit: Key Facts
- Defendants: Publix Super Markets and Quirch Foods
- Product: GreenWise Organic frozen whole blueberries and whole mixed berries
- Alleged pathogen: E. coli O145
- Decedent: Karla Mullins, 74
- Location: Largo, Florida
- Court: Pinellas County Circuit Court
- Lawsuit: Wrongful death, negligence and product-liability claims
- Supplier: Frutas y Hortalizas del Sur S.A., San Carlos, Chile
- Outbreak cases: 17 confirmed infections across two states
- Hospitalizations: 6
- CDC investigation: Closed September 21, 2026
What Happened to Karla Mullins?
According to the lawsuit, Karla Mullins purchased GreenWise Organic frozen blueberries from a Publix store on Ulmerton Road in Largo on or about May 21.
The complaint alleges that Mullins and her son, Spencer, consumed the blueberries and subsequently became ill.
Both were hospitalized, according to the lawsuit. Karla Mullins died at Morton Plant Hospital on June 20 at age 74, according to records cited in reporting on the case.
Spencer survived and is seeking damages related to his illness.
The family’s lawsuit alleges that the product was defective and unreasonably dangerous because it was contaminated with pathogenic E. coli.
Why Is Publix Being Sued Over Blueberries?
The complaint alleges that Publix, as the retailer that sold the GreenWise-branded blueberries, and Quirch Foods, identified as an intermediate distributor, should be held responsible for the allegedly contaminated product.
The lawsuit includes claims involving wrongful death, negligence and breach of warranty.
It alleges, among other things, that the defendants failed to adequately prevent the distribution of a contaminated product and failed to provide appropriate warnings.
Richard Mullins is seeking unspecified damages for alleged loss of support and services, loss of companionship and protection, mental pain and suffering, and medical and funeral expenses.
Spencer Mullins is seeking damages related to alleged lost wages, medical expenses, pain and suffering and other losses.
The lawsuit does not name Chilean supplier Frutas y Hortalizas del Sur S.A. as a defendant. The complaint identifies the company as an upstream supplier of the blueberries.
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GreenWise Blueberry Recall
The lawsuit follows a series of recalls involving frozen blueberries supplied by Frutas y Hortalizas del Sur S.A.
On July 3, 2026, the supplier recalled a specific lot of 10-ounce GreenWise Organic IQF frozen blueberries carrying lot code 60401 and a February 9, 2028, best-by date.
On July 29, Publix expanded the recall to cover all lots of GreenWise Organic Whole Blueberries and Whole Mixed Berries because of potential E. coli O145 contamination.
The recalled products were distributed to Publix stores in Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia.
The recalled products included 10-ounce and 48-ounce packages of GreenWise Organic Whole Blueberries and Whole Mixed Berries.
What the CDC Says About the E. coli Outbreak
The CDC and other public-health agencies investigated a multistate outbreak of E. coli infections associated with frozen organic blueberries supplied by Frutas y Hortalizas del Sur S.A.
The investigation identified 17 people infected with the outbreak strain across two states, with six people hospitalized.
CDC investigators said epidemiological, laboratory and traceback evidence showed that frozen organic blueberries supplied by the Chilean company were contaminated with E. coli O145 and made people sick.
The CDC reported that 11 of 13 interviewed patients said they had eaten frozen blueberries.
Investigators also noted that Publix collected and tested samples of its GreenWise frozen blueberries, with one sample testing positive for the same E. coli strain associated with the outbreak.
The CDC closed the outbreak investigation on September 21, 2026.
Importantly, the CDC’s outbreak statistics list no deaths among the 17 confirmed outbreak cases.
The death of Karla Mullins is an allegation in the separate civil lawsuit and should not be characterized as a CDC-confirmed outbreak death.
Where the Publix Lawsuit Stands Now
The lawsuit remains a civil proceeding, and the claims against Publix and Quirch Foods have not been established through a court judgment.
As of the latest reports, representatives for Publix and Quirch Foods had not responded to requests for comment. The defendants will have an opportunity to respond to the allegations in court.
The case could develop further through motions, discovery, settlement discussions or trial proceedings.
Frequently Asked Questions
Why is Publix being sued over blueberries?
The lawsuit alleges that contaminated GreenWise Organic frozen blueberries sold by Publix were defective and unreasonably dangerous and that the defendants should be held responsible for resulting injuries and death.
What blueberries were recalled by Publix?
Publix recalled all lots of GreenWise Organic Whole Blueberries and Whole Mixed Berries in July 2026 because of potential E. coli O145 contamination.
What E. coli strain was involved?
The outbreak involved E. coli O145, with federal investigation materials identifying the outbreak strain as E. coli O145.
How many people were affected by the outbreak?
The CDC reported 17 confirmed infections across two states, including six hospitalizations.
Did the CDC report a death from the outbreak?
No. The CDC’s final outbreak summary reported 17 cases and six hospitalizations but did not count any deaths among the confirmed outbreak cases. The Mullins lawsuit separately alleges that Karla Mullins died after consuming the recalled blueberries.
Has Publix responded to the lawsuit?
Reports published September 23-24 said Publix had not responded to requests for comment at the time of publication.
Is the Publix blueberry lawsuit settled?
There is no indication in the sources reviewed that the Mullins lawsuit has been resolved. The case remains an ongoing civil matter.
