Lawsuits Filed Over Costco-Townsend Farms Hepatitis A Outbreak

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Lawsuits Filed Over Costco-Townsend Farms Hepatitis A Outbreak

By Matt O’Donnell

Costco Wholesale Corp. and Oregon-based Townsend Farms have been hit with multiple lawsuits over a multi-state Hepatitis A outbreak linked to frozen berries that have sickened dozens of people.

At least three lawsuits, including a proposed class action lawsuit, have been filed over the Costco-Townsend Farms Hepatitis A outbreak, which has made at least 30 people in five states sick. The U.S. Food and Drug Administration announced a recall of the frozen berries, sold under the brand name Townsend Farms Organic Antioxidant Blend, on May 31. Health officials are investigating whether the tainted berries were sold at other stores besides Costco.

One of the plaintiffs, California resident Lynda Brackenridge, says she was hospitalized the day the Costco-Townsend Farms berry recall was announced after she experienced vomiting, fatigue and yellowed eyes and skin – all symptoms of Hepatitis A. She is alleges claims of strict product liability, negligence and breach of implied warranties.

Brackenridge is one of at least 30 victims in the United States who contracted Hepatitis A linked to the frozen Townsend Farms berries sold at Costco. So far the victims are located in California, Colorado, Arizona, New Mexico, and Nevada. Nine of the people who were sickened by the berries were hospitalized, according to the Centers for Disease Control and Prevention.

A lawsuit filed by another California resident, Jacob Peterson, is seeking class certification for all consumers like him who were required to immunize themselves against the disease after eating the recalled berries. Peterson estimates the proposed class action lawsuit could include more than 10,000 people.

Hepatitis A is a contagious liver disease that can last for months. Symptoms of Hepatitis A include:

• Fatigue
• Nausea and vomiting
• Abdominal pain or discomfort, especially in the area of your liver on your right side beneath your lower ribs
• Muscle and joint aches
• Chills
• Loss of appetite
• Low-grade fever
• Dark urine
• Muscle pain
• Yellowing of the skin and eyes (jaundice)

The Brackenridge case is Brackenridge v. Townsend Farms Corp. et al., Case No. BC510633, in the Superior Court of California, Los Angeles County.

The proposed class action lawsuit case is Petersen v. Townsend Farms Corp. et al., in the Superior Court of California, Orange County.

Lawsuits over the Costco-Townsend Farms berry recall are being filed now! If you or a loved one were diagnosed with Hepatitis A after consuming Townsend Farms Organic Antioxidant Blend frozen berries, you may be eligible to join others in filing a Hepatitis A lawsuit. Learn more and get a free case review at the Costco Hepatitis A Frozen Berry Recall Lawsuit Investigation.

UPDATE: On Jan. 25, 2016, a federal judge granted class certification in the Costco hepatitis A lawsuit for nine different state subclasses.

UPDATE 2: On Oct. 26, 2016, Costco has failed to bring a quick end to a three-year old litigation over berries contaminated with hepatitis A, following a federal judge’s decision.

UPDATE 3: On Nov. 28, 2016, a group of consumers urged a California federal judge to reject Costco’s motion for summary judgment in a class action lawsuit over frozen berries allegedly contaminated with hepatitis A.

UPDATE 4: On Jan. 17, 2017, a class action alleging a frozen berry mix sold by Costco was contaminated with hepatitis A will be allowed to continue after a California federal judge’s ruling.

UPDATE 5: On Oct. 31, 2018, consumers were able to get Costco to agree to reimburse medical expenses for those affected by an alleged hepatitis A frozen berry recall, as a part of a class action settlement.

UPDATE 6: On Jan. 17, 2019, a federal judge presiding over a frozen berry Costco class action lawsuit has denied the defendant’s motion to dismiss non-California plaintiffs from the case.

UPDATE 7: March 2019, a website for Class Members in a Costco hepatitis A berries class action lawsuit has been launched. Click here to learn more. 

Updated June 6th, 2013

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