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Texas man files lawsuit against Blue Bell after he says nearly died from bacteria

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DALLAS, Texas – A Houston man has filed a lawsuit against Blue Bell Creameries after he says he “damn near died” after eating ice cream involved in a massive recall.

Earlier this year, Blue Bell recalled thousands of gallons of ice cream that was believed to be contaminated by listeria.

According to the lawsuit obtained by Dallas Morning News, David Philip Shockley “consumed a variety of Blue Bell ice cream products contaminated with Listeria monocytogenes” at his work.

The lawsuit goes on to allege that Shockley “subsequently developed a severe listeriosis infection. The bacteria infected [his] blood and migrated to his brain where it caused extensive damage, leaving him unconscious and near death.”

According to the newspaper, Shockley says he is unable to work and has to be cared for by his parents.

However, Shockley is not one of the cases the Centers of Disease Control and Prevention linked to Blue Bell.

Shockley’s attorney says his medical records prove the diagnosis.

However, experts say the plaintiffs will have to prove that it was the ice cream and not some other product that caused the infection.

A spokesperson for the Texas Department of State Health Services told Dallas Morning News that it keeps track of all confirmed Listeria results to help match patients with contaminated products.

However, they were not sure what happened with the tests in Shockley’s case

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