Big Olaf Creamery Sued Over Listeria Outbreak That Killed 1: Court

SARASOTA, FL — Sarasota-based Big Olaf Creamery is facing two lawsuits after the U.S. Centers for Disease Control and Prevention linked it to a national listeria outbreak that left one person dead and 22 hospitalized across 10 states.

The estate of a 79-year-old Pesotum, Illinois woman, Mary Billman, filed a wrongful death civil lawsuit against the brand Tuesday in the U.S. District Court for the Middle District of Florida in Tampa.

The suit claims that she died Jan. 29, 11 days after eating Big Olaf ice cream in Sarasota while visiting her daughter, who lives in Hollywood, according to court records. She died at Memorial Regional Hospital in Hollywood after her organs shut down from a septic illness.

According to the suit, her husband, Richard Billman, “seeks to recover the value of lost support and services from the date of (her) injury to her death with interest, and future loss of support and services from the date of death and reduced to present value. (He) also seeks to recover the loss of (his wife’s) companionship and protection and for mental pain and suffering from the date of injury.”

Her family is seeking damages in excess of $75,000, records show.

The attorney for a Massachusetts woman also told the Bradenton Herald that she’s suing Big Olaf after she became ill from eating the ice cream while visiting Florida and lost her pregnancy.

“For now it is only speculation as it is an ongoing investigation, our brand has not been confirmed to be linked to these cases, I am not sure why only Big Olaf is being mentioned and targeted,” the company wrote in a social media post Sunday. “The original report we got from the Florida Department of Health on Friday, July 1, was that there are 23 cases reported, the first one reported was January 2021. (Six) out of the 23 patients mentioned having consumed Big Olaf ice cream, but nothing has been proven. We have been cooperating with the Florida Department of Health, FDACS and the FDA as soon as we were informed about the situation. We have been transparent and have answered all their questions and provided them with all the information requested from us, as the health and well-being of the public is our first priority.”

The CDC issued a safety alert regarding Big Olaf products Saturday. Though there hasn’t been a recall issued, the agency urges anyone with this brand of ice cream to throw away anything that remains.

As of Saturday, 23 people ranging in age from less than 1 year old to 92 have been infected during this outbreak. The first illness happened Jan. 24, 2021, and the most recent was reported June 12, 2022, the CDC said.

Recent illnesses might not be reported yet because it takes three to four weeks to determine whether someone who is sick is part of the outbreak, the agency added. Symptoms usually start within two weeks after eating food contaminated with listeria, though people might feel sick as early as the same day or as many as 70 days later.

Those with Listeriosis, caused by the germ Listeria monocytogenes, typically report common food poisoning symptoms, such as diarrhea and fever. Most people usually recover without requiring treatment, the CDC said. It primarily affects pregnant women, newborns, adults 65 and older, and those with weakened immune systems.

During this current listeria outbreak, 12 people in Florida — the most out of any state — have fallen ill. New York and Massachusetts have each reported two sick people, while Colorado, Kansas, Minnesota, Illinois, Georgia and Pennsylvania have each reported one sick person.

Of the 17 people interviewed by public health officials, 14 of them (82 percent) reported they had eaten ice cream, the CDC said. Six of those people reported eating Big Olaf brand ice cream.

Big Olaf is voluntarily contacting retailers to recommend that they don’t sell their ice cream and that they clean and disinfect any areas or equipment that may have been in contact with their products, the agency said.

According to the company’s website, Big Olaf products, which are made at a local creamery near the Amish village of Pinecraft, are sold at the following locations:

• Big Olaf Creamery – Lakewood Ranch, 8151 Lakewood Main Street, Lakewood Ranch
• Big Olaf Creamery – Pinecraft, 3350 Bahia Vista, Sarasota
• Big Olaf Creamery – St. Armands, 561 North Washington Drive, Sarasota
• Big Olaf Creamery – Venice, 1276 Jacaranda Blvd., Venice
• Big Olaf Creamery – Siesta Key, 5208 Oceans Blvd., Sarasota
• Big Olaf Creamery – Bee Ridge Plaza, 3973 Cattlemen Road, Sarasota
• Beverly’s Ice Cream, 301 S. Gulfview Blvd., Clearwater Beach
• Super Scoops, 11025 Gulf Blvd., Treasure Island
• Sundial Beach Resort and Spa, 1451 Middle Gulf Drive, Sanibel
• Tedi’s Olde Tyme Ice Cream, 65 George Street, St. Augustine
• Good Ole Days, 1200 W. Retta Esplanade, Punta Gorda
• Fantastic Fudge, 218 Centre Street, Fernandina Beach
• Sprinkles Ice Cream Shop and Retro Candy, 6870 Gulf Blvd., St. Pete Beach
• Twistee Treat, 10 Pine Island Road, North Fort Myers
• The Ice Cream Shop, 1107 Homestead Road, Lehigh Acres