The victim, Michael Beverly, was in critical condition for two weeks in October, surviving on kidney dialysis, and now is at home recovering.
Bill Marler, attorney for Kelly and Terry Beverly, said that although he had been in contact with Odwalla Chairman Greg Steltenpohl, attorneys for the company's insurers had not responded to claims for money to pay medical bills incurred by the Beverlys.
According to Marler, Steltenphol had earlier agreed to see that bills were paid.
The suit contends that the California-based company is liable for all damages sustained by the family including past, current and future medical expenses as well as pain and suffering.