Louisiana Resident Files Class-Action Against Blue Bell Creameries

A class-action suit has been filed against Blue Bell Creameries relating to the listeria outbreak in their products.  The event lead to a product recall in March.

Steven J. Leon, of Hammond, Louisiana, brought a class-action suit against the company, alleging negligence, redhibition, breach of warranty, and unjust enrichment.  The suit’s putative class consists of upwards of 100 members and the amount in controversy exceeds $5 million.

The accompanying complaint posits that consumers who purchased Blue Bell products between March 13 and April 20 are entitled to damages because Blue Bell purportedly failed to provide adequate notice of the recall.  The recall was posted on the Blue Bell website on or about March and April, but, according to the suit, the company had had positive test results for a potentially lethal bacterium since 2013.

Leon alleges that Blue Bell consumers unknowingly paid for products that contained listeria monocytogenes bacteria.  Listeria causes the predictively named listeriosis, a disease with a case-fatality rate of approximately twenty percent.  Listeriosis manifests in the forms of sepsis and meningitis, which is often complicated by encephalitis.  The suit argues that, due to the health hazards posed by the company’s products, they were of no economic value as they had to be discarded.  The complaint further argues that he and other members were not notified of an available refund.

The complaint alleges that the Center for Disease Control and Prevention recommended that all impacted Blue Bell products be thrown away.  It requests declaratory action, designation of Leon as class representative, actual, statutory and punitive damages and other fees.

The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. If you or a loved one has suffered harm because of the fault of another, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).

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