Ex-Houston resident files lawsuit against Blue Bell in Texas Court

Blue Bell ice cream is facing a lawsuit in US District Court in Texas by an ex-Houston resident who claims that he contracted listeria-related meningitis after eating Blue Bell ice cream.

The lawsuit was filed by David Shockley late Tuesday in federal court in Austin. He lived in Houston and was an administrator at a retirement community Eagle's Trace in 2013. He consumed a variety of Blue Bell ice cream products contaminated with Listeria monocytogenes at his work.

The 31-year-old became infected by Listeria monocytogenes bacteria that it entered his bloodstream and caused a body temperature of 106 degrees.

The lawsuit claims that he lost consciousness for more than five days and was under extensive hospitalization that included tube feeding. He currently remains permanently disabled and faces medical bills of $500,000.

Shockley is not the only such case identified in Texas. At least 10 patients in four states have been identified as having been sickened by eating Blue Bell products.

The strain of the potentially deadly bacteria has been found in three hospital patients, which matched strains identified from Blue Bell's products.

The company recalled all its products after evidence of Listeria were found in its plants in Brenham and in Broken Arrow, Oklahoma. It launched a massive clean-up effort and has signed an agreement with the state that calls for rigorous testing before products are shipped out to the public.

Shockley's lawsuit alleged negligence and product liability. PritzkerOlsen attorney Brendan Flaherty wrote, "Blue Bell utterly failed to design and implement sanitation and safety programs that would have prevented the sort of infestation and contamination that occurred at its facilities over a period of years". He added that his client still faces major repercussions as a result of the illness.