Illinois Woman's Estate Sues Florida Creamery Over Listeria Death

ILLINOIS — The estate of an Illinois woman who died in January after eating what has been determined to be contaminated ice cream from a Florida-based creamery has sued the company that is now connected to a listeria outbreak.

Mary Billman, 79, Pesotum, died on Jan. 29 — just 11 days after she ate at a Big Olaf Creamery location, according to the federal lawsuit which was filed Tuesday in federal court in Florida. Billman is the only person that has been known to die as part of the listeria outbreak, which has affected 23 people who either live in Florida or have traveled there.

According to Billman's obituary, she died surrounded by her family in Hollywood, Fla.

Big Olaf ice cream is produced in Sarasota but is distributed around Florida at Big Olaf Creamery locations and other retailers.

In a statement released by the company, Big Olaf said that the link between its ice cream and cases of listeria has not been confirmed. Company officials said in the statement that they have been working with federal officials since they were informed that the company’s ice cream may have been contaminated.

"We have been transparent and have answered all their questions and provided them with all the information requested from us, as the health and well-being of the public is our first priority," the Big Olaf Creamery statement said.

The Centers For Disease Control and Prevention released a safety alert over the weekend warning people who have Big Olaf products in their homes to throw them away. There has been no recall issued yet, but CDC officials said that it could take 3-4 weeks for listeria to be diagnosed.

Symptoms usually start within two weeks after eating food contaminated with listeria, though people might feel sick as early as the same day or as many as 70 days later, the agency said.

Those with Listeriosis, caused by the germ Listeria monocytogenes, typically report common food poisoning symptoms, such as diarrhea and fever. Most people usually recover without requiring treatment, the CDC said. It primarily affects pregnant women, newborns, adults 65 and older, and those with weakened immune systems.