JUPITER, FL — A Jupiter couple has sued Publix Super Markets, Inc. in Palm Beach County, alleging that recalled GreenWise frozen blueberries sold by the grocery chain were contaminated with E. coli and left both of them seriously ill, according to a complaint filed in circuit court.
The lawsuit was filed July 13, 2026, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County. Court records list the case as Roberta Cash and Oscar Cash v. Publix Super Markets, Inc., Case No. 502026CA007802XXXAMB. The plaintiffs are represented by Elizabeth A. Zwibel of Elizabeth Zwibel Law in St. Petersburg, along with Ron Simon & Associates of Houston, Texas, whose attorneys are listed as seeking to appear in the case.
The Cashes, described in the filing as Palm Beach County residents married for nearly 46 years, say they bought and ate Frozen GreenWise Organic IQF Blueberries in May 2026 from the Publix at 10142 West Indiantown Road in Jupiter. Soon after, the complaint alleges, Roberta Cash developed symptoms including bloody stools, abdominal pain, stomach cramps, dehydration and fever.
According to the complaint, Roberta Cash was taken to the Jupiter Medical Center emergency room, hospitalized and treated for ten days, then transferred to The Gardens Court nursing facility for 18 additional days of rehabilitation. The filing says she continues to receive home health care. Oscar Cash also ate the blueberries and became ill, the lawsuit states, though it describes his illness as less severe.
The complaint ties the couple's illnesses to a wider recall and outbreak investigation. It states that in July 2026 the Centers for Disease Control and Prevention and the U.S. Food and Drug Administration announced an investigation into a multistate outbreak of Shiga toxin-producing E. coli O145:H28 linked to the Publix-branded blueberries, which the filing says are manufactured by Frutas y Hortalizas del Sur S.A. of San Carlos, Chile, and sold exclusively at Publix.
The outbreak investigation had identified twelve laboratory-confirmed illnesses in Florida and Georgia, with illness onset dates between May 11 and June 5, 2026, according to the complaint. The lawsuit says a recall of the 10-ounce bags, Lot Code 60401, was initiated July 3, 2026, and that the product was shipped to Publix stores across eight states. Four people required hospitalization, including Roberta Cash, the filing states, with reported patients ranging in age from 2 to 88.
The complaint brings three claims: strict liability, negligence and negligence per se, and breach of implied warranties. In plain terms, the plaintiffs allege the blueberries were defective and unreasonably dangerous because they contained E. coli, that Publix failed to use ordinary care in handling and testing the product, and that the company sold food that was not fit for consumption. The lawsuit alleges the product was adulterated under federal and Florida food-safety law.
The couple is seeking past and future economic and non-economic damages, including medical expenses, pain and suffering and loss of consortium, in an amount the complaint says exceeds $50,000, along with court costs and interest. The filing demands a jury trial.
The filing reviewed by Boca Post does not include a response from the defendant. The allegations are claims made in a court filing and have not been proven, and no court has found Publix liable.
Boca Post reviewed the complaint, Roberta Cash and Oscar Cash v. Publix Super Markets, Inc., Case No. 502026CA007802XXXAMB, filed July 13, 2026, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. The case is newly filed, and a jury trial has been demanded.
Recent civil filings from Palm Beach County courts are covered by Boca Post through Palm Beach County Lawsuits, including cases involving property owners, associations, companies, and residents.
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