--- title: Marler Clark files first Federal Listeria Lawsuit in Multi-State Shake Outbreak - Family never told by Public Health of the link to the Outbreak date: 2025-08-08T15:29:00-07:00 author: Julie Dueck canonical_url: "https://marlerclark.com/news_events/marler-clark-files-first-federal-listeria-lawsuit-in-multi-state-shake-outbreak-family-never-told-by-public-health-of-the-link-to-the-outbreak" section: News --- [All News](/news_events) / [Press Releases](https://marlerclark.com/news_events/press-releases) / # 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](https://marlerclark.com/news_events/association-of-food-and-drug-officials-16-people-who-have-shaped-the-last-30-years-of-food-safety), the Food Safety Law Firm. The complaint was filed in State Court in Conta Costa County, [complaint](https://www.marlerblog.com/files/2025/08/C25-02227-Initial-Complaint-Filed.pdf) 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](http://www.marlerclark.com), is the nation’s leading law firm representing victims of [Listeria](https://about-listeria.com/) outbreaks. The [Listeria lawyers of Marler Clark](https://marlerclark.com/food-litigation/listeria-outbreak-litigation) have represented thousands of victims of [Listeria](https://about-listeria.com/) 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](https://about-listeria.com/) lawyers have litigated [Listeria](https://about-listeria.com/) 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](http://www.about-listeria.com) infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark [Listeria](http://www.about-listeria.com/) attorneys for a free case evaluation. **Additional Resources:** - [About Listeria - a complete online resource for Listeria information](http://www.about-listeria.com/) - [Family Health Guide About Listeria infection, or Listeriosis (pdf)](http://www.marlerclark.com/pdfs/ListeriaFINALbrochure.pdf) - [Listeria News](http://www.listeriablog.com/) - [Listeria Lawsuits](https://listerialitigation.com/) [William "Bill" Marler ](http://www.billmarler.com/)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"](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=1020790832&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D1725078326%26u%3Dhttps%253A%252F%252Fwww.amazon.com%252FPoisoned-Deadly-Outbreak-Changed-Americans%252Fdp%252F098495435X%26a%3D%2522Poisoned%2522&a=%22Poisoned%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=1020790832&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D1725078326%26u%3Dhttps%253A%252F%252Fwww.amazon.com%252FPoisoned-Deadly-Outbreak-Changed-Americans%252Fdp%252F09849543") and in the recent Emmy Award winning [Netflix documentary](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=2811251747&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3559152489%26u%3Dhttps%253A%252F%252Fwww.netflix.com%252Ftitle%252F81460481%2523%253A%257E%253Atext%253D2023%252520%25257C%252520Maturity%252520Rating%25253ATV%25252D%252Cfoodborne%252520illness%252520in%252520the%252520US.%26a%3DNetflix%2Bdocumentary&a=Netflix+documentary "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=2811251747&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3559152489%26u%3Dhttps%253A%252F%252Fwww.netflix.com%252Ftitle%252F81460481%2523%253A%257E%253Atext%253D2023%252520%25") by the same name. Bill work has been profiled in the New Yorker, ["A Bug in the System;"](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=3494984181&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D225575945%26u%3Dhttps%253A%252F%252Fwww.newyorker.com%252Fmagazine%252F2015%252F02%252F02%252Fbug-system%26a%3D%2522A%2BBug%2Bin%2Bthe%2BSystem%253B%2522&a=%22A+Bug+in+the+System%3B%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=3494984181&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D225575945%26u%3Dhttps%253A%252F%252Fwww.newyorker.com%252Fmagazine%252F2015%252F02%252F02%252Fbug-system%26a%3D%2522A%") the Seattle Times, ["30 years after the deadly ](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli-outbreak-a-seattle-attorney-still-fights-for-food-safety%252F%26a%3D%252230%2Byears%2Bafter%2Bthe%2Bdeadly%2BE.%2Bcoli%2Boutbreak%252C%2BA%2BSeattle%2Battorney%2Bstill%2Bfights%2Bfor%2Bfood%2Bsafety%253B%2522&a=%2230+years+after+the+deadly%C2%A0E.+colioutbreak%2C+A%C2%A0Seattle%C2%A0attorney+still+fights+for+food+safety%3B%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli")[*E. coli*](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli-outbreak-a-seattle-attorney-still-fights-for-food-safety%252F%26a%3D%252230%2Byears%2Bafter%2Bthe%2Bdeadly%2BE.%2Bcoli%2Boutbreak%252C%2BA%2BSeattle%2Battorney%2Bstill%2Bfights%2Bfor%2Bfood%2Bsafety%253B%2522&a=%2230+years+after+the+deadly%C2%A0E.+colioutbreak%2C+A%C2%A0Seattle%C2%A0attorney+still+fights+for+food+safety%3B%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli") [outbreak, A Seattle attorney still fights for food safety;"](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli-outbreak-a-seattle-attorney-still-fights-for-food-safety%252F%26a%3D%252230%2Byears%2Bafter%2Bthe%2Bdeadly%2BE.%2Bcoli%2Boutbreak%252C%2BA%2BSeattle%2Battorney%2Bstill%2Bfights%2Bfor%2Bfood%2Bsafety%253B%2522&a=%2230+years+after+the+deadly%C2%A0E.+colioutbreak%2C+A%C2%A0Seattle%C2%A0attorney+still+fights+for+food+safety%3B%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4179970871&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3012787211%26u%3Dhttps%253A%252F%252Fwww.seattletimes.com%252Fpacific-nw-magazine%252F30-years-after-the-deadly-e-coli") the Washington Post, ["He helped make burgers safer, Now he is fighting food poisoning again;"](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4007553127&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3259035492%26u%3Dhttps%253A%252F%252Fwww.washingtonpost.com%252Fnational%252Fhe-helped-make-burgers-safer-now-hes-fighting-food-poisoning-again%252F2020%252F01%252F18%252F5b979cf8-38ad-11ea-9541-9107303481a4_story.html%26a%3D%2522He%2Bhelped%2Bmake%2Bburgers%2Bsafer%252C%2BNow%2Bhe%2Bis%2Bfighting%2Bfood%2Bpoisoning%2Bagain%253B%2522&a=%22He+helped+make+burgers+safer%2C+Now+he+is+fighting+food+poisoning+again%3B%22 "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4007553127&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D3259035492%26u%3Dhttps%253A%252F%252Fwww.washingtonpost.com%252Fnational%252Fhe-helped-make-burgers-safer-now-hes-figh") and [several others](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=3545986551&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D2749355817%26u%3Dhttps%253A%252F%252Fbillmarler.com%252Fbiography%26a%3Dseveral%2Bothers&a=several+others "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=3545986551&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D4034776-2%26h%3D2749355817%26u%3Dhttps%253A%252F%252Fbillmarler.com%252Fbiography%26a%3Dseveral%2Bothers&a=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](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=1230212809&u=https%3A%2F%2Fwww.marlerblog.com%2F&a=Marler+Blog "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=1230212809&u=https%3A%2F%2Fwww.marlerblog.com%2F&a=Marler+Blog"). Bill is also the publisher of [Food Safety News](https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4125170773&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D2447639-1%26h%3D3589830031%26u%3Dhttp%253A%252F%252Fwww.foodsafetynews.com%252F%26a%3DFood%2BSafety%2BNews&a=Food+Safety+News "https://c212.net/c/link/?t=0&l=en&o=4225647-1&h=4125170773&u=https%3A%2F%2Fc212.net%2Fc%2Flink%2F%3Ft%3D0%26l%3Den%26o%3D2447639-1%26h%3D3589830031%26u%3Dhttp%253A%252F%252Fwww.foodsafetynews.com%252F%26a%3DFood%2BSafety%2BNews&a=Food+Safety+News"). For all media inquires, please contact Julie Dueck at or 206-346-1893. ### Other Listeria Lawsuits [Kroger and Walmart Pasta Listeria Outbreak](https://marlerclark.com/kroger-and-walmart-pasta-listeria-outbreak) [Listeria Outbreak linked to Kroger and Walmart Chicken Fettuccine](https://marlerclark.com/listeria-outbreak-linked-to-kroger-and-walmart-chicken-fettuccine) [Fresh & Ready Foods linked to California and Nevada Listeria Outbreak](https://marlerclark.com/fresh-ready-foods-linked-to-california-and-nevida-listeria-outbreak) [14 Listeria Deaths tied to Lyons ReadyCare or Sysco Shakes](https://marlerclark.com/11-listeria-deaths-tied-to-lyons-readycare-or-sysco) [Boar's Head Deli Meat Sickens 61 in 19 States with Deadly Listeria - 10 deaths](https://marlerclark.com/deli-meat-hits-28-in-12-states-with-deadly-listeria) [Rizo-López Foods recalls cheese after deadly Listeria Outbreak](https://marlerclark.com/rizo-l%C3%B3pez-foods-recalls-cheese-after-deadly-listeria-outbreak) [Listeria Outbreak linked to Peaches - 11 Sick with 1 Death](https://marlerclark.com/listeria-outbreak-linked-to-peaches-11-sick) [Listeria Outbreak linked to Frugals | Marler Clark by retained three victims](https://marlerclark.com/listeria-outbreak-announced-in-washington) [Six States Report 16 Victims of Listeria Linked to Deli Meat and Cheeses](https://marlerclark.com/six-states-report-victims-of-listeria-outbreak-linked-to-deli-meat-and-cheeses) [Big Olaf Ice Cream Sickens 28 in Florida Listeria Outbreak | 27 hospitalized, with 1 death](https://marlerclark.com/investigation-of-listeria-outbreak-linked-to-florida-residents-and-tourists) [Dole salads likely linked to Listeria illnesses since 2014](https://marlerclark.com/dole-salads-likely-linked-to-listeria-illnesses-since-2014) [Listeria Outbreak linked to Fresh Express Salads](https://marlerclark.com/listeria-outbreak-linked-to-fresh-express-salads) ### Lawsuit updates about foodborne illnesses [Reactive Arthritis Lawsuit 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The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ Get a free consultation ](https://marlerclark.com/contact) ##### Related Resources ###### [Listeria Food Poisoning](https://marlerclark.com/foodborne-illnesses/listeria/about-listeria) What is Listeria and how does it cause food poisoning? Listeria is a gram-positive, rod-shaped bacterium that is ubiquitous and can grow under either anaerobic (without oxygen) or aerobic (with... ###### [The Incidence of Listeria Infections](https://marlerclark.com/foodborne-illnesses/listeria/the-incidence-of-listeria-infections) How common are Listeria infections? Listeria bacteria are found widely in the environment in soil, including in decaying vegetation and water, and may be part of the fecal flora of... ###### [The Prevalence of Listeria in Food and the Environment](https://marlerclark.com/foodborne-illnesses/listeria/listeria-prevalence) Listeria bacteria are common in nature. Listeria monocytogenes is omnipresent in nature; it is found widely in such places as water, soil, infected animals, human and animal feces, raw and... ###### [Transmission of and Infection with Listeria](https://marlerclark.com/foodborne-illnesses/listeria/transmission-of-and-infection-with-listeria) Listeria typically spreads to people through contaminated food or water, but can also be transmitted from mother to fetus. Except for the transmission of mother to fetus, human-to-human transmission of... ###### [Who is Most at Risk of Becoming Ill with Listeria?](https://marlerclark.com/foodborne-illnesses/listeria/who-is-most-at-risk-for-becoming-ill-with-listeria) The elderly, pregnant women, and anyone immunocompromised is most at risk for contracting Listeria. Several segments of the population are at increased risk and need to be informed so that... ##### Outbreak Database #### Looking for a comprehensive list of outbreaks? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ View Outbreak Database ](https://outbreakdatabase.com)