The first of possibly multiple lawsuits has been filed against Blue Bell Creameries following their mass recall of products, according to the Dallas Morning News. 32-year-old former Houston resident, David Phillip Shockley, filed the lawsuit after consuming the ice cream while working as an administrator at a retirement community in 2013. Shockley alleges the ice cream was contaminated with Listeria monocytogenes, and then developed a severe infection of listeriosis. He suffered extensive brain damage, and nearly died. Shockley was not one of the cases previously linked to Blue Bell’s Listeria outbreak, but his attorney claims it is unlikely the infection came from any other source. Shockley’s suit does not seek a specific amount in damages, but his medical bills have already exceeded $400,000, and because he suffers ongoing pain and is unable to work, the costs will continue to rise.

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