Second AZ Woman Sues Costco Over Frozen Berry Hepatitis A Recall

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Second AZ Woman Sues Costco Over Frozen Berry Hepatitis A Recall

By Courtney Coren

A second Phoenix area woman has filed a Costco frozen berry recall lawsuit against the big box retailer alleging she became very ill after eating the tainted berries.

The lawsuit was filed by Claudine Rad, who says that the Townsend Farms berry mix left her bedridden for a month with Hepatitis A.

Rad bought the Townsend Farms frozen berries at Costco a couple of months ago and used them to make a smoothie. Very shortly after, she became sick and was in bed for weeks.

“It was like the worst flu you’ve ever had,” Rad said.

She says that as a result she missed about a month of work and pay. And now, almost two months later, she is starting to feel better.

“I still have fatigue, but most of it has passed through my system,” she added.

According to the U.S. Centers for Disease Control, the frozen berries from Townsend Farms have been linked to outbreaks of Hepatitis A.

Rad’s Townsend Farms berries lawsuit is one of over 30 lawsuits that have been filed against Costco and the berry producer in five western states by Costco customers who claim they got sick after eating the berries.

“You trust these things and the food you eat,” Rad said. “I try to eat healthy and wash my hands and then I get sick because someone else didn’t wash their hands.”

Health officials believe the pomegranate seeds in the frozen berries mix, which are imported from Turkey, are the culprit. They believe that the pomegranate seeds were tainted with Hepatitis A and then mixed with the rest of the berries at the farm in Oregon, where they berries are processed.

The frozen berries have been removed by Costco and are no longer being sold there. Costco officials are making great effort to inform their customers to not eat the berries.

On June 4, the U.S. Food and Drug Administration said that Townsend Farms recalled the frozen berries that are sold under the Townsend Farms label at Costco and under the Harris Teeter label in Costco stores on the east coast.

The recall was issued three days after the FDA and the CDC made their first announcement about a possible link between the frozen berries and a multi-state Hepatitis A outbreak. There were at least 34 illnesses reported in Colorado, New Mexico, Nevada, Arizona and California.

The FDA has said that anyone who purchased the product and still has it should throw it away. If it has been consumed, then they should see a physician.

The symptoms associated with Hepatitis A can take two to six weeks to develop after contaminated food or drink has been consumed. Symptoms include fever, fatigue, loss of appetite, nausea, vomiting, abdominal pain, dark urine, clay-colored bowel movements, joint pain and jaundice.

Hepatitis A is a severe illness that can take several months to recover from and in some cases requires hospitalization.

If you or someone you know purchased the Townsend Farms Organic Frozen Berries and were diagnosed with Hepatitis A, legal options are available to you. Lawsuits are already being filed by Hepatitis A victims in several states, and you might qualify for a reimbursement for the vaccines and medical care you received.

Learn more by going to the Costco Hepatitis A Frozen Berry Recall Lawsuit Investigation. Submit your information and you will be contacted by an attorney to see if you have a case.

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 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 3: 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 4: 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 26th, 2013

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