A Galveston County woman recently filed a lawsuit in Galveston County courts against Blue Bell Creameries, claiming that she and her daughter got sick from eating contaminated ice cream.
Ursula Burton filed the lawsuit Monday in the 10th District Court, Judge Kerry Neves presiding.
The lawsuit claims that in April of 2015, Burton and her daughter purchased Blue Bell ice cream at a local gas station.
“They continued on with their day and attended an art walk,” the lawsuit claims. “However, after eating the ice cream, plaintiffs became violently ill and started to vomit.”
The lawsuit claims that Burton was later diagnosed with listeriosis and has become lactose intolerant while her daughter has developed a sensitivity to dairy.
Blue Bell Creameries in 2015 was linked to at least 10 cases of listeria-related illnesses, including three deaths, leading to the recall of products and shut down factories for cleaning, the lawsuit claims.
“The Food and Drug Administration discovered that Blue Bell Creameries had knowledge of listeria in their facilities since at least 2013, but failed to control contaminations through cleaning and sanitation,” the lawsuit claims.
The lawsuit claims Blue Bell is guilty of gross negligence and deceptive trade practices and seeks between $200,000 and $1 million in damages.
Mark Midani, the attorney representing Burton, was unavailable for comment Wednesday.