A California family is suing for wrongful death in the wake of a listeria outbreak caused by nutrition shakes that led to the deaths of 14 people this year, including their relative.
In February, the Food and Drug Administration (FDA) announced an investigation into an outbreak linked to Lyons ReadyCare and Sysco Imperial brand frozen supplemental shakes. At the time, Lyon Magnus LLC, the parent company, recalled 17 affected products. The contaminated shakes, distributed to long-term care facilities and hospitals, were produced by a Prairie Farms Dairy Inc. facility in Fort Wayne, Indiana.
The FDA and Centers for Disease Control (CDC) declared the outbreak over on May 16. The agency reported 42 cases of listeriosis, or listeria poisoning, across 21 states, resulting in 41 hospitalizations and 14 deaths.
The illnesses and deaths, which overwhelmingly (90%) occurred in people in care facilities or those who had been hospitalized before they became infected, were confirmed through whole genome sequencing as being caused by the outbreak strain associated with the shakes.
Wrongful death suit alleges man died of listerosis complications
The CDC began monitoring the outbreak of the disease as early as 2018, food safety lawyer Bill Marler told USA TODAY. At the beginning, epidemiologists were unable to identify the source of the illnesses.
Now, with the outbreak technically over, some families are just beginning to find out their loved ones were victims, Marler said.
Marler of the Marler Clark law firm said he’s filed the first lawsuit related to the outbreak on Thursday, Aug. 7. It says the outbreak spanned multiple years and was likely the result of conditions within one of the manufacturing and packaging facilities. Marler said that the family who sued was not informed until July that their relative’s death was caused by the outbreak.
The wife and children of John Wills Sr. of Richmond, California, sued Lyon, the distributor of the shakes, and Prairie Farms Dairy Inc., the manufacturer. Their suit said Wills was recovering from a slip-and-fall injury in a local care facility when, on July 20, 2024, he was given a contaminated shake. Wills, who was previously able to move with the assistance of a mobility device, to participate in physical therapy and eat meals normally, soon developed a fever, pain and had difficulty speaking, according to the suit.
After multiple hospitalizations and monitoring for infectious disease, Wills died of “complications related to his Listeria infection and other comorbid conditions” on Feb. 22, 2025. His relatives are seeking damages and payment of Wills’ medical and legal fees.
Marler criticized the CDC and FDA for their reporting practices, telling USA TODAY and explaining in a blog post that victims like Wills underwent various tests – including blood and spinal fluid draws – and underwent investigations that involved family interviews and reviews of purchase histories. However, they were never informed by the agencies about the cause of their illness or death.
“I spoke with a family today to inform them that their husband/father died after suffering a Listeria infection,” Marler said in a recent blog post shared with USA TODAY, which he confirmed was referencing Wills. “Until today, the family did not know the cause of his infection despite (the) fact that it has been known by local, state and federal officials for over a year.”
USA TODAY has reached out to the CDC and FDA for comment.
Which states had listeria poisoning cases?
A total of 21 states had known listeria outbreaks related to this recall: Alabama, California, Colorado, Connecticut, Florida, Illinois, Indiana, Maryland, Michigan, Minnesota, Missouri, North Carolina, Nevada, New York, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Washington, and West Virginia.
The 14 deaths occurred in nine states: California, Illinois, Indiana, Michigan, Minnesota, North Carolina, New York, Tennessee, Texas, and Washington.
Which Lyons ReadyCare and Sysco Imperial shakes were recalled?
All recalled products had “best buy” dates between 02/21/25 and 02/21/26, according to Lyons Magnus. All the contaminated products are believed to have been destroyed, the FDA notice said.
ReadyCare Frozen Vanilla Shake
ReadyCare Frozen Chocolate Shake
ReadyCare Frozen Strawberry Shake
ReadyCare Frozen Vanilla Shake NSA
ReadyCare Frozen Strawberry Shake NSA
ReadyCare Frozen Chocolate Shake Plus
ReadyCare Frozen Strawberry Shake Plus
ReadyCare Frozen Vanilla Shake Plus
ReadyCare Frozen Strawberry Banana Shake NSA
ReadyCare Frozen Chocolate Shake NSA
Imperial Frozen Vanilla Shake
Imperial Frozen Chocolate Shake
Imperial Frozen Strawberry Shake
Imperial Frozen Vanilla Shake NSA
Imperial Frozen Strawberry Shake NSA
Imperial Frozen Strawberry Banana Shake NSA
Imperial Frozen Chocolate Shake NSA
What is listeriosis or listeria poisoning?
Listeriosis, or listeria poisoning, is a foodborne bacterial infection most commonly caused by the bacterium Listeria monocytogenes. It is considered a serious condition and can be dangerous or life-threatening, especially to older adults, people with weak immune systems and pregnant people.
Signs and symptoms of listeriosis may not appear until weeks after consumption. Persons in the higher-risk categories who experience flu-like symptoms within two months after eating contaminated food should seek medical care and tell their health care provider about eating the contaminated food, according to the U.S. Department of Agriculture.
According to the USDA, symptoms include:
Fever
Muscle aches
Headache
Stiff neck
Confusion
Loss of balance
Convulsions
Diarrhea
Other gastrointestinal symptoms
Miscarriage, stillbirth, premature delivery and/or life-threatening infection of newborn infants
Death
This article originally appeared on USA TODAY: Family sues after listeria outbreak that killed relative, 14 others
