Broccoli Sprouts Salmonella Outbreak: What Montana Families Should Know

The broccoli sprouts Salmonella outbreak traced to Evergreen Fresh Sprouts, LLC of Moyie Springs, Idaho, has sickened at least 27 people in four states, including Montana. If you got sick after eating those sprouts, you may have a claim for your medical bills, lost wages, and the time the illness took from you.

Bliven Law Firm, P.C. handles food poisoning cases from its Kalispell office, and founding attorney Michael Bliven has represented injured people since 1994. We can help you sort out what happened and what your claim is worth, starting with a free consultation.

Key Takeaways

• Don’t eat Evergreen Fresh Sprouts broccoli sprouts with expiration dates of 9/7, 9/9, 9/11, 9/14, or 9/16.
• If someone in your home got sick, keep the leftover sprouts, the package, and your receipt instead of throwing them away.
• See a doctor and ask for a stool test. A lab-confirmed infection that matches the outbreak strain is the strongest way to tie your illness to the sprouts.
• Montana law can hold the grower responsible for contaminated food, even if the grower was careful.
• Most Montana injury claims carry a three-year filing deadline, but evidence fades much faster than that.

If you or your child got sick after eating broccoli sprouts, Bliven Law Firm, P.C. offers a free consultation. If you ask us to, we can meet you at home or in the hospital if you’re still too sick to travel.

What We Know About the Evergreen Fresh Sprouts Salmonella Outbreak

The Evergreen Fresh Sprouts Salmonella outbreak is an open investigation. The U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) are working with state health departments to track cases, trace the sprouts back to the farm, and find out how the contamination happened.

How Many People Are Sick

The CDC’s September 11 update counted 22 people sick in Idaho, Montana, Utah, and Washington, with two hospitalizations and no deaths. As of mid-September, the Washington State Department of Health has since reported the total at 27, with 21 of those cases in Washington. 

Illnesses started between July 7 and August 26, 2026, and the strain is Salmonella Bovismorbificans, a less common type. The CDC expects the real number of sick people to be much higher than the official count, since most people with food poisoning recover at home and never get tested.

Which Broccoli Sprouts Were Recalled

Evergreen Fresh Sprouts recalled 215 cases of broccoli sprouts sold in plastic bags and clamshell containers with expiration dates of 9/7, 9/9, 9/11, 9/14, and 9/16. 

According to the CDC’s outbreak notice, the sprouts went to grocery stores, food co-ops, and restaurants in Idaho, Montana, and Washington, and they may have reached other states. This outbreak doesn’t appear to be connected to the separate Salmonella and E. coli outbreak linked to alfalfa sprouts, which federal officials announced in August. 

If nobody in your home is sick, throw the recalled sprouts out or return them, and wash any surface they touched with hot, soapy water.

Symptoms of Salmonella From Broccoli Sprouts and When to Call a Doctor

Salmonella from broccoli sprouts usually causes diarrhea, fever, and stomach cramps within 6 hours to 6 days of eating, and most people stay sick for four to seven days. Children under 5, adults 65 and older, and people with weakened immune systems are the most likely to end up with a severe infection. The CDC says to call your healthcare provider right away if you have any of these:

• Diarrhea with a fever higher than 102°F
• Diarrhea lasting more than 2 days that isn’t getting better
• Bloody diarrhea
• Vomiting so severe you can’t keep liquids down
• Signs of dehydration, such as peeing very little, a dry mouth, or dizziness when you stand up

When you see a doctor, tell them you ate broccoli sprouts and ask for a stool test. That test is how health officials link a person to the outbreak, and a small number of people develop reactive arthritis weeks after the stomach symptoms end, so a medical record from day one protects your health and your claim.

Why the Package in Your Refrigerator Matters

The package sitting in your refrigerator can be the evidence that proves a Salmonella case. This recall happened because Montana health officials took an unopened bag of broccoli sprouts from a sick person’s home, and whole genome sequencing matched it to the outbreak strain. If you got sick, keep yours. Double-bag it, label it with the date, freeze it, and hold on to your receipt or store loyalty record.

Who Is Liable When Contaminated Sprouts Make You Sick

The grower that sold contaminated sprouts is often responsible for the harm they cause, even if it was careful. But if the grower followed the safety rules for its product, Montana law may start by assuming the sprouts were not defective. You can still win, but you would have to prove the sprouts were unsafe. 

Montana’s strict product liability law is Montana Code Annotated (MCA) § 27-1-719. It can hold a business responsible when it sells a product that is defective and unreasonably dangerous, and that product physically harms the person who uses it. Sprouts carrying Salmonella can fit that description, but you still have to prove it.

Distributors, stores, and restaurants are harder to hold responsible. Since 2023, Montana law generally protects a seller that didn’t make the product. There are exceptions, such as when the seller knew about the problem, helped prepare or package the food, or the grower can’t be sued in Montana or can’t pay.

Evergreen’s track record also matters in a sprout contamination case like this one. The same Moyie Springs grower was linked to a 2011 Salmonella outbreak that sickened 25 people and a 2014 E. coli O121 outbreak that sickened 19, including two Montanans. 

A repeat pattern can affect how a claim is evaluated, which is one reason to talk with a food poisoning attorney before you sign anything the company’s insurer sends you.

How to Protect Your Food Poisoning Claim After the Recall

Protecting a food poisoning claim from the broccoli sprouts recall comes down to five steps you can take in the first few weeks.

1. Get tested and save every lab result, ER bill, and pharmacy receipt.
2. Report your illness to the Flathead City-County Health Department or your own county health office, since the Montana Department of Public Health and Human Services relies on those reports to count cases.
3. Write down what you ate, where you bought it or ate it, the date, and who else shared the meal.
4. Keep pay stubs and a list of every shift or workday you missed.
5. Decline to give a recorded statement to the grower’s insurance company until you’ve had legal advice.

Montana gives most injury victims three years to file a lawsuit under MCA § 27-2-204, but Idaho’s deadline for injury claims is only two years, and which state’s rules apply can depend on where you bought and ate the sprouts. 

A food poisoning attorney at Bliven Law Firm, P.C. can pin down your deadline and deal with the insurer while you recover.

Frequently Asked Questions

Can I file a claim if I ate the broccoli sprouts at a restaurant?

Yes, you can. The CDC reports the recalled sprouts were sold to restaurants and food service customers as well as grocery stores, so a restaurant meal counts the same as sprouts you bought yourself. Hang on to the receipt or card statement that shows where and when you ate.

Do I need a positive Salmonella test to have a case?

A positive test makes a case much stronger, but it isn’t the only piece of proof. Health officials build outbreaks from interviews too, and 17 of the 19 sick people federal investigators interviewed said they ate broccoli sprouts. If you’re still sick, ask for a stool test now while the bacteria are easier to find.

Is there a class action for the broccoli sprouts Salmonella outbreak?

Food poisoning claims are usually handled as individual cases rather than class actions, because every person’s illness, bills, and recovery time are different. With at least 27 people sick across four states, some claims may be coordinated, but your damages are still measured on your own facts.

How much is a Salmonella food poisoning case worth?

It depends on how sick you got and for how long. The CDC notes that some people develop reactive arthritis after Salmonella, and a case with a hospital stay, weeks off work, or a lasting complication like that is typically valued well above a few days of illness at home. Keeping every bill and pay stub is the simplest way to protect that value.

What if my child got sick from the recalled sprouts?

Get your child to a doctor right away, since the CDC lists children younger than 5 among the people most likely to get seriously ill. Montana law generally pauses the filing deadline while an injured person is a minor, but a parent’s claim for the medical bills they paid may run on a different clock. Talk with a lawyer early so neither deadline slips by.

Can I sue an Idaho sprout grower from Montana?

Usually, yes. The FDA confirmed that Evergreen Fresh Sprouts sold its broccoli sprouts to customers in Montana, and a company that sells into Montana can generally be sued here for injuries its product causes here. Figuring out the right court and the right state’s law is one of the first things we’d work through with you.

Bliven Law Firm, P.C.: Your Food Poisoning Law Firm

Getting sick from food you bought to eat healthier is a miserable way to lose a week of your summer, and a recall notice doesn’t pay the ER bill or cover the shifts you missed. Salmonella cases are won with evidence gathered early (a stool test, a frozen package, a receipt from the co-op), and those details tend to disappear in the first few weeks. 

The food poisoning lawyers at Bliven Law Firm, P.C. have represented injured people across Montana for more than 30 years, and we can meet you at home, in the hospital, or on an evening or weekend. Contact our firm today for a free consultation about your Salmonella claim.