A Bend woman who bought shellfish from the Fred Meyer on S. U.S. Highway 97 in Bend is seeking $3.3 million in damages because she believes the store sold her bad shellfish, according to a lawsuit filed in Deschutes County Circuit Court.
Patricia Dyer bought the shellfish with her husband on Feb. 26, 2017.
She cooked the fish that night and woke up the next day with a laundry list of side effects that she says were the result of shellfish poisoning.
She experienced muscle pain, cramping and weakness, peripheral neuropathy in her arms, hands and toes, impaired balance, sleeplessness, chest pressure, depression, aphasia and headaches, according to the lawsuit.
She is seeking $100,000 to cover medical costs, $250,000 for loss of wages and earning capacity and $3 million in damages from “loss of enjoyment of life, and interference with her regular life activities.”
Dyer’s husband was sick after consuming the shellfish, but he did not suffer the more serious physical symptoms, Phil Anderson, Dyer’s attorney, said in an email.
“He decided he did not want to file a lawsuit but instead wanted to continue to act in a supportive role for Patricia,” Anderson said.
The parent company of Fred Meyer, Kroger Co., did not respond to calls for comment.
The lawsuit was filed on Feb. 25. Dyer alleges Fred Meyer warranted that the fish was edible and fit for consumption, and the store breached that warranty.
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