An executive manager at First Continental, who refused to give his name, said the company had not received notice of the suit. However, the company knew a suit was brewing when its insurance company reported that Elrod's lawyer had asked the amount of First Continental's current policy. The berry's toxicity varies from tree to tree and region to region. The fruit carries a foul taste that attracts only birds. The berries depending on the amount of poison in them cause nausea and severe abdominal pain, paralysis and seizures.
People vomit blood and struggle to breathe.
Death, from respiratory failure, usually takes 12 to 15 hours. Symptoms tend to start within a few hours of the first nibble. Some poison and horticulture experts expressed surprise that Elrod survived even a day's worth of the fruit. No agency, from the Centers for Disease Control and Prevention to state and regional poison and toxicology centers, could recall any other deaths in the United States from China berries. Children have reportedly died in India, where the trees thrive.