FIRST LAWSUIT FILED OVER BLUE BELL LISTERIA INFECTION

  

The first lawsuit involving Blue Bell Ice Cream was filed on Tuesday in Federal Court  in Austin by an ex-Houstonian who claims he became sick with a listeria infection after eating Blue Bell products.

The amount being sought is undisclosed.

According to the Austin American Statesman, thirty-two-year old David Philip Schokley, as associate executive director of a retirement community, alleges that he became ill after consuming Blue Bell products at work. The lawsuit claims that the ice cream came from the Blue Bell plant in Oklahoma.

The lawsuit also claims that after eating several contaminated Blue Bell products, bacteria from the ice cream infected his blood and “migrated to his brain, where it caused extensive damage, leaving him unconscious and near death.”

In 2013, Schokley called 911 after suffering a severe headache and nausea. He was released from the hospital after being told he was only experiencing a migraine.

Later that day he was found “unresponsive, pale, febrile, and in clear respiratory distress,” according to the lawsuit.

Schokley was diagnosed with listeria meningitis with encephalitis based on a test that found Listeria in his brain and spinal fluid.

He was given neurological and rehabilitation therapies, and, according to the lawsuit, suffers from brain damage, physical injuries, motor skill impairment, and others infirmities which will last “the rest of his life.”

He is currently living in Maryland with his parents.

Blue Bell issued a recall of its products in late April after the Food and Drug Administration linked ten listeria cases and three deaths to Blue Bell products.

 

 

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23 Comments

  1. It’s not the Kruse family per se that is responsible. Although as President, Mr. Paul Kruse is the one that is, in the end accountable for this mess they are in. That doesn’t mean him or his family are bad people and as anyone who has ever been acquainted with him would know-they are good people with good hearts. I can’t imagine how hard he is likely taking this; likely similar to a doctor who loses a patient or something similar.

    All of that aside, Blue Bell is a for profit corporation that should be held accountable for their actions or lack thereof, no matter how many “feel good” emotions many of us have about it, the owners or just the product itself. I don’t have any knowledge of how ice cream equipment works and is cleaned and I really do not care because that’s what they are paid to know and practice. While it appears something went wrong, I am confident that now they’ve been sued most of the facts will likely come out as the litigation draws out and then the lawyers will distort it to whichever side they represent. Don’t anyone kid themselves for a second though, our beloved small town company has PLENTY of insurance to minimize their risk in an event such as this. In addition, they have a ton of lawyers (even Paul Kruse is one) as does their insurance carrier. You see, in the end, it will likely be the insurance company that decides what settlement is offered, or if they will defend this….and that largely depends on which is more economically feasible.

    Is this whole situation horrible? Yes. Is it intentional? No. Will Blue Bell recover? Absolutely.

    Life happens and I for one will be glad when all of this is over. We should focus our efforts on helping those who had no control in losing their jobs and lifting them and their families up emotionally and prayerfully during this difficult time.

  2. You know it’s funny. I work for a major employer here in Brenham, and several of us have complained about the allergens, mold, etc. that plague our building, and are always looked and frowned down upon because we are not “upper management”. Runny noses, itchy eyes, coughing, sneezing is a daily occurrence here. I’m just curious if BB did the same thing? Were there complaints about things and were they ignored-I know here, it’s ignored because they do not want to spend the bucks to get it fixed. Perhaps it was the same there? I feel that one day something will happen here and a law suit will ensue and then changes will be made. Until then, we will keep sniffling and sneezing our way thru the work day.

  3. I’m glad to hear your response. We are basically on the same page
    YOU are going to let facts determine your conclusion of culpability. – Check
    Four principals of success – check
    Outgrew being able to keep hands on quality control (by family members)
    resulting in diluting of core values of the founders – check
    Your last two paragraphs points. Absolutely. – check.
    Personally, I really don’t see a good reason for Blue Bell to operate, produce, OR DISTRIBUTE outside Texas. Don’t even reopen the other plants. Sell the facilities to someone who isn’t a food producer. Let the people in other states deal with their own employment issues. Provide work and quality control for Texas, especially the people of Brenham, where it all started.
    Make enforcement a TEXAS issue. We have our own STATE agencies and courts. Let the “opportunistic” lawyers come to Texas. Keep the federales, including FEDERAL COURTS. out of our businesses and personal lives as much as possible.

  4. Julia, Listeria was found in Blue Bell facilites first and products later. and is a fact agreed on. Are you saying that by reading the story you have come to the conclusion that Blue Bell CAUSED the deaths, or are you saying there have been deaths because of it? That is exactly what the writers intended for you and me and all other readers to believe. Listeria in Blue Bell products MAY have been a factor…….OR MAY NOT have been. The mainstream media LOVES to lead opinion before facts are available, rather than just report. It sells advertising and maybe even, depending on the ties, promotes an agenda of its own.

    Just because a person or a company (persons) is successful is not a reason to assign guilt. Whether or not they have insurance against “opportunistic” law suits is also immaterial in determining guilt.
    We too often lately seem to determine guilt by the depth of resources of the defendant.

    I am not defending Blue Bell, nor do I need to. I am defending the premise that has made America exceptional. They were the Mom and Pop store once. Too poor to pay salaries, so they issued stock…when they hand cranked two gallons a day. The ability to create something that adds value to peoples’ well-being, and not come under attack because they profit from it. They certainly didn’t invite this mess.
    What would YOU do next?

    1. I have no conclusions (no evidence was put in front of me) that Blue Bell has caused these deaths, the CDC says they were the source that led to the deaths!

      I am not assigning guilt to Blue Bell on the deaths of those individuals what I am saying BLUE BELL SHUT DOWN ALL THEIR FACILITIES because they knew they were in trouble due to documented LYSTERIA in their facilities. They have to clean their factories to a required level of standard prior to opening up for production.

      Also can you tell me which company 108 years ago started out with millions and mass produced products. The majority of companies that started out 108 years ago, all were family owned and made everything by hand. Examples : Kelloggs two brothers stated this company, look how big it has grown now! What about someone closer to home Nannie Baird – Bairds Bread she started out making ONLY FOUR Loaves of bread per day! Because that is all the money she had to buy ingredients. But look at all these companies now – common sense 1. the desire to grow 2. Modernization of equipiment 3. Desire for a bigger bank account! 4. DEMAND

      Blue Bell once again is not cranking out 2 gallons a day of ice cream..The have integrated into the main stream of BIG Business. With a business growing there is a higher risk. Maybe when producing ice cream here the Kruse’s could of inspected each batch themselves. With all these additional plants they have – who is REALLY looking out for the family business?

      They need to really watch out now, as the people that WERE running their other plants – Now are going to have their wages slashed !

  5. I hate when people are putting down the Kruse family. do you people not realize that many years ago they took a huge risk to build this empire. .It saddens me that someone wants to destroy it or get a piece of the action. and if you have not read up on lysteria then you should.. my friend works there and she said they are being treated well. Slip ups can happen. Have they check where cartons are made. Maybe FDA had an oversight. Not everyone is perfect. I can;t wait for them to get back on track with production because it is going to be a bigger and better grand opening than when it first opened its door.

  6. Wow! I can’t remember what I ate last week, much less two years ago! I too think there is more to this law suit and perhaps someone looking to make a quick buck. If, God forbid that he did get sick from the ice cream, why was it not investigated back then when they found out he had listeria? Did he not remember then that he ate it, but remembers it now? Something is fishy alright and now Blue Bell has to worry about these kinds of law suits which takes away from them getting their products back on the shelf.
    Love my Blue Bell and miss it dearly!!!

    1. I totally agree with County Resident…do they have proof that it was Blue Bell and like stated why didn’t they do something back then…????????????? really………………………

  7. Let’s face the truth, Blue Bell has made several mistakes. They aren’t God nor are they perfect.

    1. I agree – none of us are. What bothers me though is the more and more I read information from media outside the county, the more I realize how they’re distorting things to fit their views.

      There’s even a group who touts raw milk being better than listeria using this as an example, never mind that there has been no reports of it being the milk itself. I doubt it is too given they say in the tours that they use one base for all their products – but not all tested positive for it.

      And I wish that WERE true because it’d allowed them to focus on the one issue, fix it and continue instead of having to search all over the place for where this was caused.

      Add to it Letterman’s ignorant “Top 10” last night – I doubt he’s eaten the product (and, unless I’m mistaken, none of the 3-gallon ones tested positive) – there you go with more distortions and zings toward the company.

    2. I have read the article and then the comments. NO Food company is safe from any type of bacterial incidents than can cause serious injury and death! Blue Bell is good, but come on people, it has caused DEATH and Serious Injury to people…..

      I don’t think you would have the opinions that you would if one of those deaths were in your family. Furthermore, this suit will be the first of many! Ambulance chasers, people out to make a quick buck or real claims – the courts will decide! That is why Blue Bell has insurance! Payoffs are not coming out of Blue Bell’s pockets. There insurance company will take care of that. So big deal their insurance premiums will go up ! Just like our taxes, groceries, and fuel!

      I am sure there is SOME type of evidence from this law suit for the attorneys to take it seriously. So many better things to do with your time – then sit there ad DEFEND a company that has CLOSED every one of their Plants because it has been PROVEN that there is LYSTERIA in their equipment!

      If I was an employee of Blue Bell I would strike until I received my full wages – not just a portion of them! There should of been insurance benefits so employees would not be in the predicament they are in – that is who we need to feel bad about The Kruse’s will continue to feed their family and keep their homes and business – what about their employees?

      The company has over $400 million in annual sales! (that was in 2006) So this is really not your MOM and POP store for Ice Cream!!!!!

      1. Julia, I along with others are taking it seriously; however, I will defend a company from misleading information being presented in the larger media. And yes, there have been a few cases as far as Blue Bell is concerned. by multiple claims, and right now Blue Bell is easy prey due to the national exposure. All the things I’ve said to question this lawsuit can be found doing a simple research with the CDC’s website and ones people should pause and think about.

        As someone who has been laid off at one time and under threat of furloughs and layoffs a few other times early on in their career, I actually applaud the Kruses for attempting to keep everyone on salary. Look at the oil industry – people were up and laid off within a week after massive drops in revenue, and are in the unemployment line.

        Also, a reduced salary is better than no salary or what I remember unemployment as being. I do not know what the employees are getting percentage wise in reduction, but what they’d get from the unemployment office are more than likely far less than what they’re getting from Blue Bell. Yes, it means tightening the belt, but you can do one of two things – you wallow in misery or you push forward and get a second job or look for a better one and go from there. That’s why there was a job fair Wednesday which looks like it was well-attended based on the KWHI’s report.

        As far as the rest of your comments – I’m not going to dignify them with an answer except to say Blue Bell is closed because they’re fixing the problem, and that’s the important thing.

      2. THANK YOU, JULIA!! my thoughts exactly! one reader wrote “quit picking on blue bell”… well, blue bell kind of put themselves out there for the picking. a lawsuit doesn’t happen overnight. evidence has to be collected and investigations have to be made to build a solid case. funny how everyone thinks this man just decided a year and half after his ordeal to file a lawsuit. receiving treatment and being hospitalized alone could’ve taken several months. so before you jump all over this man, and make your assumptions, put yourselves in his position. what would any of you do if this had happened to you or someone you love? I doubt any of you would refrain from “ambulance chasing” if the shoe was on your foot.

        1. Amen – I actually wouldn’t sue unless I knew without a doubt.

          Here there is doubt. He can’t a certain he got the ice cream from OK, the place he worked at is a potential listeria outbreak, the hospital isn’t being sued though they misdiagnosed him, there was a CONFIRMED outbreak then which the CDC confirmed an illness in Texas he could’ve consumed, and a couple of other considerations.

          I don’t assume – I question using my knowledge and research. Knew Blue Bell would get suits, however given people my age are being sought for mesothelioma cases (BTW long after asbestos was commonly used) one would question.

          Courts will decide but he has a harder case than claimed based on facts.

          1. mac… all i’m saying is from a few of the first comments I read people seemed appalled that there was a lawsuit filed, jumped on the BB bandwagon and expressed their disgust that this man would dare file a lawsuit against their beloved ice cream maker. my question is, why wouldn’t he? why wouldn’t anyone? I don’t know exactly what the lawsuit states. if what he claims is true, he should win his lawsuit and deserves to be compensated. I don’t believe he is “picking” on BB. who’s to say he didn’t contact BB. and who knows whether or not he has filed a similar lawsuit against the hospital for misdiagnosis? or maybe the hospital; settled with him, quietly. everyone has their opinion and that’s fine. but people shouldn’t be so appalled, shocked and ticked off that this man filed a suit against BB. brace yourselves people, there’s surely more to come. and deservedly so. like Julia says, people died. people have gotten so sick that they will need life long care. they are entitled to compensation, no one said it was deliberate on BB’s part. certainly it was not. but things happen and they have to be held accountable. love them, pray for them all you want… but instead of pointing fingers at the victims of this horrible sickness, why not pray for them, too, instead of assuming they are ambulance chasers or looking for a quick buck, or assuming the worst about them, put yourselves in their shoes and look at what they’ve lost. look at how their lives have changed. basically the people calling this man names and accusing him of all sorts of dishonesty are no better than what they are accusing him of. I hope BB gets back to business soon, as well. I want to see ice cream back on the shelves, too. but I don’t blame this man, if what he claims is true, for filing a lawsuit. I expect him to and I expect others who were terribly affected, to do the same. I will let the courts decide, just wish everyone else would to as it’s really not our place to judge this man or BB.

          2. All I’ve been saying is that the media isn’t telling the full story, so it’s easy for people to claim they’ve been sickened by Blue Bell in 2013 when the facts are simply questionable. That’s why I gave facts in regard to a confirmed outbreak of another product he could’ve consumed, the reality of retirement communities being ripe for outbreaks, etc. Both sides of the argument need to be seen – you have those who are for the victims, those who support Blue Bell. I see both honestly, so I state facts.

            I’m not outraged he filed a suit – but I know that it’s the start of folks trying to make a fast buck. Look at mesothelioma claims going on now more or less for 7 years. I personally have been told I should sue by lawyers (no where near here, and a few years back) for it because I have asthma. Not only is my asthma hereditary or mesothelioma is a cancer while asthma is a chronic illness that goes after your bronchi/etc., I’m younger than the time they had asbestos in buildings and in common use.

            What does bother me is that you keep telling me to feel for the patients – who may or may not need “life long care.” Listeria can range from anything from a stomach ache to extreme cases the meningitis‎.

            Amen, while I feel for the victims, I’m a realist. Every day I know that when I’m out on the road or eat meals or heck walk down the stairs of my apartment I’m risking injury, dismemberment, death. I’ve also nearly been killed by people on their phones while driving – and I was on the sidewalk walking.

            If people even read PART of the FDA’s guidelines for allowable parts of bugs, rat hairs, rat droppings, etc. – all things that can (and have) made people sick, they’d have a hard time eating.

            But, I don’t go out and sue for pain and suffering or blame people for my choices in what I eat or go do daily. My life, my risks and believe you me I’ve had my share of food poisonings and the like. Heck, I ate a burrito at a Taco Bell around the time of the horse meat incident. Got sick as a dog, and then found out about the incident. I didn’t sue because for all I knew I had a normal burrito and had a stomach bug, but I still wonder.

            One can feel for the victims but question motives. It’s human nature and if you want to blame people for going after “victims,” please go after the law firms on TV and elsewhere who try to get people to claim they’re ill/the like for a fast buck. A clear case would be the one I mentioned above with mesothelioma.

            And one cannot deny that the lawsuits will do nothing more than hinder the clean up process. I will say that I do applaud the broadcast media for not going out there with their trucks and doing yet another story at the creamery so they can focus on their issues.

            I do appreciate that we have a difference of opinion (not to mention your politeness – I’ve had some really nasty folks on other pages), and that we both agree though we want Blue Bell back on track.

      3. Your opinion is exactly the type of opinion that is creating the downfall of American-based companies in the United States. “Sue them!” and “Go on strike!” are both trains of thought that has turned this nation into a nation of people demanding handouts. In the USA, anyone can sue anyone else FOR ANY REASON, but it does not mean that they will recover anything in the lawsuit. Ask any lawyer – they will confirm this. Filing a lawsuit allows an individual to allege anything they want, but there has to be actual law and evidence to back their claims. Have you read the news (besides Blue Bell-related news) lately about the police officer in Florida who sued Starbucks for the “damages” he received when a cup of FREE hot coffee spilled on him? It didn’t bode well for the officer – he lost his case, big time. Just because you sue someone does not mean that you will recover anything, nor does it mean that the person being sued did anything wrong.

        We live in a nation with the greatest judicial system in the world. I absolutely believe in it. The judicial system will work this out properly, not the media, and not us. OF COURSE the allegations in that man’s lawsuit SOUNDS egregious; that’s tactic. That’s how lawsuits are generally filed – it’s a shock factor approach. Having not had the opportunity to read the Original Petition, I cannot comment directly to each allegation, but again, that’s for the court to decide.

        One final note on your comment about employees striking against Blue Bell. Texas is an at-will employment state. Read up on it. Going on strike wouldn’t do anyone, any good. As all employees at Blue Bell are at-will employees, they can be hired and fired AT-WILL.

  8. JP
    He ate ONLY Blue Bell ice cream in that time period, in order to pinpoint THAT was the SOLE cause of his problems. He also saved the carton or cartons until now in order to identify where it came from. If neither is the case, then the resultant brain damage must not have affected his photographic memory.
    Sounds like a well crafted story just maybe coached by a lawyer, covering multiple possibilities in case the first doesn’t stick.
    If what is claimed is actually all true, he might have THEN quietly contacted Blue Bell on his own and not have to go to the expense of filing a lawsuit two years later. Oh, the lawsuit is pro bono (a piece of what we can get out of Blue Bell for you) ????

    And TJ
    “It’s a blemish on Blue Bell’s previously spotless record” ??
    Blue Bell is guilty until proven innocent/not guilty ?? It’s an accusation !

    OH yeah, just noticed something else. Why not sue the hospital for mis-diagnosis by sending him home because it was determined AT THE TIME it was a migraine. Not deep enough pockets, maybe?

  9. Personally, I CANNOT wait, for Blue Bell to get back in the freezers….I’m going to buy every flavor, and stock up….For those of you who want to sue, for a quick buck, SHAME ON YOU…Quit picking on Blue Bell…This was not only hard on Blue Bell, but our community also…But our Community will stand behind Blue Bell..

  10. I’m impressed that he can remember what he ate back in 2013 and that no one else at the retirement community has gotten sick. Seems like someone is just trying to take advantage of the situation to me.

  11. I question suits from illnesses in 2013. The CDC alone reported three or so outbreaks then, and any of those he could’ve consumed.

    Now everyone who’s been sick are going to try and make a fast buck when there’s more to story.

    1. Unfortunately he does seem to have a valid case and it appears as well the proof to back it up if he has the medical records and proof that his facility stocked the product. This gentleman and his parents may just now have obtained lawyer who is willing to take the case, where, without big media attention, no one else was willing to do so until now.
      I support Blue Bell and it’s employees too, but people are going to have to accept the fact that there is proof that contaminated ice cream was distributed and consumed by people. And people got sick and some even died. Yes, it’s a blemish on Blue Bell’s previously spotless record and unfortunately their mistakes caused some people permanent physical damage and harm. I also know how much Blue Bell supports it’s communities where it’s facilities are located. But we can’t ignore the facts.
      That being said, I will gladly consume Blue Bell again after comes back on the shelves, aftert it has been deemed safe by state officials with rigourous testing. And I am very thankful that myself and no one in my family did contract listeria from this product. It sounds like this man’s life is forever changed by the choice he made to eat ice cream one day. Such a shame! We have to keep him and others negatively affected by this bacteria in our prayers too, not just those currently and previously employed by Blue Bell and the company.

      1. First, In 2013, there was a confirmed listeria outbreak from Crave Brothers Farmstead Cheeses, which sickened someone in Texas. That alone brings question. Second, he worked in a retirement community, which sad to say is a risk for listeria outbreak if they don’t wash their hands, etc. Add too it how does he know it was OK products he consumed (we even have them here), and no hospital suit, it just seems odd.

        Yes, I know that there was tainted ice cream distributed, and know there will be suits. That said, they can only confirm the 2015 release of it and those three deaths. I question earlier claims when the CDC alone confirms 8 cases between now and 2010 (nine including Sabra Hummus). Many of those were here in Texas too.

        Still, I do think there are going to be quite a few ambulance chasers going on when they can’t prove without a doubt that they were sickened by Blue Bell. They see Blue Bell as a business that will settle in order to just focus on fixing the problems at the creamery.

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