CLEARWATER, Fla. – A Massachusetts couple has filed a lawsuit against a local ice cream store after the couple was allegedly sold contaminated ice cream at Clearwater parlor manufactured by Big Olaf a Sarasota company
According to the lawsuit, Plaintiff Kristen and Frank Hopkins traveled to Florida in May 2022 and ate twice at Beverly’s Ice Cream, which exclusively served Big Olaf’s products.
Kristen Hopkins, who was pregnant at the time, was allegedly sickened at the parlor.
A month later, Kristen Hopkins was in a hospital suffering from Listeria-related symptoms, and her unborn child had died, according to the lawsuit filed.
In the negligence lawsuit, the Hopkins family seeks damages from manufacturer Big Olaf and retailer Beverly’s.
From 2021 through early 2022, the Centers for Disease Control identified 23 cases of listeria stemming from an unknown source in Florida.
Epidemiologists identified the likely source: ice cream manufactured by Sarasota’s Big Olaf Creamery.
Since 1985, the United States Food and Drug Administration (“FDA”) has maintained a “zero tolerance” policy for Listeria monocytogenes in ready-to-eat foods.
FDA considers ready-to-eat foods to be adulterated under § 402(a) of the Federal Food, Drug, and Cosmetic Act (FFDCA) if any Listeria monocytogenes are detected in either of two 25-gram samples, according to the lawsuit.
The plaintiff’s attorney is Scott W. Leeds with Cohran Law Firm and Ryan Osterholm of Oft Law.