Food poisoning sends local man to Katy rehab hospital, grocery store sued

A Harris County man is suing over permanent injuries he claims he suffered after eating a contaminated cantaloupe sold at a local HEB.

Sergio Helms filed a lawsuit Aug. 8 in the Harris County District Court against HEB Grocery, H.E. Butt Grocery and Frontera Produce, citing negligence.

Helms says on Oct. 1, 2011, he unknowingly ate a Listeria contaminated cantaloupe purchased from HEB, located at 14498 Bellaire Blvd. The next day, he was rushed to a local hospital after his wife found him lying in bed with glazed eyes and slurred speech, according to the brief.

The suit alleges that a week later, medical staff moved him to Memorial Hermann Rehabilitation Hospital in Katy, to undergo treatment for memory and reasoning skill losses. Even after outpatient therapy, Helms continues to have difficulty eating, walking and climbing stairs, he claims.

Harris County District Court Case No. 2012-45009.
This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.