A private laboratory in Miami has linked a strain of listeria to the Blue Bell Creameries plant in Alabama. Kappa Laboratories of Miami tested half-gallon of Blue Bell Cookies 'N Cream sent by wife of 75-year-old husband Brent McRae after he fell ill with meningitis. He was admitted to a South Florida hospital in April.

The container tested positive for listeria. A product code on the bottom of the carton indicated it was manufactured in Alabama. The report from that laboratory was shared by Marlerwith the Associated Press.

As soon as the company's ice cream was linked to 10 listeria illnesses in four states, and three deaths in Kansas, Blue Bell issued a national recall. Listeria contaminated products have been found at the company's Texas and Oklahoma plants.

The company said, "We have just had this situation brought to our attention, and we of course take all such matters very seriously. We are reviewing the third-party lab report we have received, but because this overall situation involves litigation, we are not able to discuss any details of the matter”.

Marler said although McRae has not filed a lawsuit against Blue Bell, it is considering it. Marler added that McRae is now undergoing rehab while an outside health expert reviewed his medical records to determine whether his illness stemmed from listeria.