TACOMA, Wash. — A second lawsuit has been filed after three people died and three others were hospitalized related to a Listeria outbreak linked to milkshakes sold at a Frugals restaurant near Tacoma.
A Tacoma resident is suing Frugals for medical expenses and emotional distress following the outbreak. According to the lawsuit, the plaintiff drank a milkshake from the store on June 6 and was hospitalized on June 12 after feeling ill. Court documents say the plaintiff could not walk and had a sore neck.
The plaintiff was discharged on June 18 and placed on a 24-hour IV drip until July 25.
The first lawsuit filed claims the company is responsible for infecting Thurston County resident Charles Roberson, leading to his hospitalization and death.
Documents from the lawsuit say Roberson had a milkshake from this Frugals sometime between March and April 2023. In early May, he was hospitalized in Olympia due to neck and arm numbness and pain and had surgery. Ultimately, he was admitted to St. Joseph’s in Tacoma where he died of Listeria complications.
The lawsuit says the listeria bacteria found in Roberson matches what was found in the others who had milkshakes from Frugals.
Attorney Bill Marler said the families of two additional Frugal customers have contacted his office. He said lawsuits will likely be filed on their behalf later this week.
Listeria bacteria was found in the ice cream machines at the location, which were not cleaned correctly, according to a press release from the Washington State Department of Health (DOH). No other Frugals restaurants are believed to be affected by the outbreak.
"If Frugals, had they cleaned that machinery properly, we wouldn't be talking about it," said Marler. "People need to be held accountable for what they do to people.”
Genetic fingerprinting of the bacteria showed it was the same strain that hospitalized all six people, and later went on to kill three. All six had conditions that compromised their immune systems.
The restaurant stopped using its ice cream machines on Aug. 8, but Listeria can sicken people up to 70 days later, according to the department.
In a statement, the restaurant chain said they "were deeply saddened to learn the Washington State Department of Health is reporting six people were hospitalized with foodborne listeriosis and three people later died. We are heartbroken and deeply regret any harm our actions could have caused."
In addition to immediately halting milkshake production at the Pierce County location, the company sent the ice cream machine to an independent location to have it sanitized and retested for any lingering bacteria. The company said it will undergo enhanced cleaning, safety and sanitation procedures across all locations.
Most people who eat food contaminated with Listeria won't have serious complications, but people who are pregnant, 65 or older and those with weakened immune systems are advised to call their healthcare provider if they had a Frugals' milkshake at their Pierce County location between May 29 and Aug. 7. Listeria can be treated with antibiotics.
Listeria symptoms include:
- Fever
- Muscle aches
- Tiredness
- Headache
- Stiff neck
- Confusion
- Loss of balance
- Seizures
People who are pregnant will usually experience fever, muscle aches and tiredness. Listeria can also cause pregnancy loss and premature birth.
Track more information about the Listeria outbreak on the DOH website.