He Ate Contaminated Seafood at a Tampa Restaurant. The Nerve Damage Was Permanent. A Florida Jury Awarded $6.7 Million.

In December 2013, Angel and Maria Elena Martinez made the trip from Dade City to their favorite restaurant — Lobster Haven Seafood Market and Shanty on Hillsborough Avenue in Tampa. They ordered their usual: two large lobsters, a dozen raw oysters, and a bottle of wine. They had been there many times before. They had no reason to think this meal would be any different.

By the time they got home that night, both of them were violently ill. Maria Elena recovered within a few days. Angel did not.

As weeks passed, Angel's condition worsened. His legs grew weak. He could barely stand. He was hospitalized at Pasco Regional Medical Center, then transferred to Tampa General Hospital, where he would remain for 43 days. The diagnosis: Guillain-Barré Syndrome, a rare autoimmune disorder triggered by the bacterial contamination in the raw oysters he had eaten. His immune system had turned on his own nervous system, destroying the myelin sheath protecting his peripheral nerves.

In June 2018, after a three-day trial and just one hour of jury deliberation, a Florida jury awarded Angel and Maria Elena Martinez $6.7 million — one of the largest food injury verdicts ever recorded in a case involving Guillain-Barré Syndrome.

What Is Guillain-Barré Syndrome — And Why Is It So Serious?

Guillain-Barré Syndrome (GBS) is a rare but potentially catastrophic autoimmune response that can be triggered by certain infections, including bacterial contamination in food — particularly raw shellfish. When GBS develops, the body's immune system attacks the peripheral nervous system, causing muscle weakness, loss of sensation, and in severe cases, paralysis.

Angel Martinez regained his ability to walk through intensive physical therapy and hard work — but he did not make a full recovery. He was left with severe permanent nerve damage throughout his body: chronic pain, sensory problems, weakness, and fatigue that will affect him for the rest of his life.

His medical bills alone had reached more than $325,000 before the case even went to trial. Lobster Haven's insurance carrier had offered to settle for just $20,000.

Florida Restaurant Liability for Contaminated Food

Florida holds food service establishments to a strict duty of care when it comes to the food they serve. A restaurant can be held liable for injury caused by contaminated, spoiled, or improperly handled food under Florida negligence law, breach of implied warranty of fitness, and product liability.

In the Martinez case, Lobster Haven's own defense team admitted in court that the restaurant had served the couple food that poisoned them. The only dispute was over causation — whether the contaminated seafood had caused the GBS. The jury found it had.

The $6.7 Million Verdict: What It Tells Floridians

The verdict is not just a number. It reflects what a Florida jury determined permanent loss of nerve function was actually worth — the medical bills, the pain and suffering, the loss of quality of life, and the future care needs that will never go away. Of the $6.7 million total, $6.3 million was awarded in non-economic damages alone — pain, suffering, and diminished quality of life.

Food injury cases are often underestimated by victims who assume that because the harm came from food rather than a car accident or fall, it isn't serious enough to pursue. The Martinez case proves otherwise. When food contamination causes lasting, life-altering harm, Florida courts take it seriously.

Signs Your Food Illness May Be More Than Temporary

Most food poisoning resolves within a few days. But if you experienced a foodborne illness at a Florida restaurant and later developed any of the following, speak with a personal injury attorney:

Persistent or worsening weakness in your legs or arms — especially if it progresses upward from the feet

Tingling, numbness, or loss of sensation that began days or weeks after a foodborne illness

Difficulty walking, standing, or controlling your movements that you did not have before the illness

A diagnosis of Guillain-Barré Syndrome or other autoimmune condition following a food illness episode

Florida's two-year personal injury statute of limitations applies — and the date of injury is typically the date symptoms began, not the date of the meal.

Do You Have a Case?

If you or someone you love suffered a serious allergic reaction in Florida — at a restaurant, on a cruise ship, at a school, or anywhere else — you may have a legal claim. Florida's statute of limitations for personal injury is two years. The clock is already running.

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If you think you may have a case, Consumer Rights Law, PLLC offers free consultations and works on contingency — you pay nothing unless we win. Call (786) 360-7697 or visit consumerrights.law.

Consumer Rights Law, PLLC — Prior results do not guarantee similar outcomes. This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.