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Marler Clark files first Federal Listeria Lawsuit in Multi-State Shake Outbreak - Family never told by Public Health of the link to the Outbreak

Bainbridge Island, WA – A Listeria lawsuit was filed on behalf of Emman Wills on behalf of her deceased husband John against Lyons Magnus and Prairie Farms Dairy. The Wills Family is represented by Marler Clark, the Food Safety Law Firm. The complaint was filed in State Court in Conta Costa County, complaint No. C25-02227.

“As I said last week, I informed the family that their husband/father died after suffering a Listeria infection. Until then the family did not know the cause of his infection despite that fact that it has been known by local, state and federal officials for over a year,” said William Marler of Marler Clark. “Mr. Wills is genetically linked to this outbreak (PNUSAL022839) and linked to Listeria Outbreak 1812MLGX6-1. He was in a hospital recovering from another illness when he drank a Listeria-tainted Supplemental Shake,” added Marler.

A total of 42 people infected with the outbreak strain of Listeria monocytogenes were reported from 21 states – 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. Illnesses started on dates ranging from August 17, 2018, to March 13, 2025. Of 42 people with information available, 41 were hospitalized. A total of 14 deaths were reported from 9 states: California, Illinois, Indiana, Michigan, Minnesota, North Carolina, New York, Tennessee, Texas, and Washington. Most people in this outbreak reported living in long-term care facilities or were hospitalized prior to becoming sick. On February 22, 2025, Lyons Magnus LLC initiated a recall of 4 oz. Lyons ReadyCare and Sysco Imperial Frozen Supplemental Shakes manufactured by Prairie Farms Dairy.

“The question is why are victims of outbreaks blood and/or spinal fluid samples taken and analyzed, they and/or families interviewed about what they ate and where they were in the last 3-70 days, credit card and other receipts taken, but they are never told the cause of the illness or death? How many others of the 42 or their families remain in the dark as to why they or a loved one became sick, and in 14 instances died,” Marler said.

About The Food Safety Law Firm Marler Clark

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeria outbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria and other foodborne illness outbreaks and have recovered over $900 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation. Our Listeria lawyers have litigated Listeria cases stemming from outbreaks traced to a variety of foods, such as lettuce, polony, deli meat, cantaloupe, cheese, celery and milk.

If you or a family member became ill with a Listeria infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Listeria attorneys for a free case evaluation.

Additional Resources:

William "Bill" Marler has been a food safety lawyer and advocate since the 1993 Jack-in-the-Box E. coli Outbreak which was chronicled in the book, "Poisoned" and in the recent Emmy Award winning Netflix documentary by the same name. Bill work has been profiled in the New Yorker, "A Bug in the System;" the Seattle Times, "30 years after the deadly E. coli outbreak, A Seattle attorney still fights for food safety;" the Washington Post, "He helped make burgers safer, Now he is fighting food poisoning again;" and several others.

Dozens of times a year Bill speaks to industry and government throughout the United States, Canada, Europe, Africa, China and Australia on why it is important to prevent foodborne illnesses. He is also a frequent commentator on food litigation and food safety on Marler Blog. Bill is also the publisher of Food Safety News.

For all media inquires, please contact Julie Dueck at jdueck@marlerclark.com or 206-346-1893.

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