Costco Wants Hepatitis A Frozen Berry Recall Class Action Dismissed

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Costco urged a federal court to toss a class action over frozen berries that were allegedly contaminated with hepatitis A because none of the plaintiffs claim that they had actually become ill after consuming the product.

Lead plaintiffs hit the retailer, as well as producers, in 2013 with the Costco hepatitis A frozen berry recall class action lawsuit after Townsend Farms Organic Antioxidant Blend berries were recalled due to concerns about contaminated pomegranates included in the mix.

Costco points out in its most recent motion to dismiss the case that none of the plaintiffs have alleged that they suffered any physical harm.

“Plaintiff’s strict products liability claims fail because there is no evidence that plaintiff consumed a defective product that was actually contaminated with the hepatitis A virus,” stated the company’s motion to dismiss the Costco hepatitis A frozen berry recall class action lawsuit.

An estimated 165 people did get hepatitis A after consuming the Townsend mix, but none of those who became ill are named as plaintiffs in the Costco class action lawsuit.

“Indeed, despite hundreds of thousands of units of the Product being recalled, the number of consumers actually diagnosed with the Hepatitis A virus was limited to about 165, none of whom are plaintiffs in this action,” stated the company’s motion to dismiss the Costco hepatitis A berry recall class action lawsuit. “Further, Plaintiff did not testify to having suffered any material physical harm. Plaintiff learned of the potential contamination from a new[s] story. Plaintiff then received an immune globulin shot.”

Not every bag of the berry mix was contaminated, argues the warehouse retailer in its motion to dismiss the Costco hepatitis A frozen berry recall class action lawsuit. In fact, claims Costco, the store went above and beyond to offer those affected by the recall vaccinations free of charge and without proof of purchase.

The Costco hepatitis A frozen berry recall class action lawsuit was initiated in 2013 after the recall of Townsend Farms Organic Antioxidant Blend frozen berries sold through the warehouse.

The plaintiffs allege that not all of them received the free vaccinations and they also had to undergo blood testing at their own expense.

Costco has made a number of unsuccessful attempts to dodge the contaminated berries class action. In another win for the plaintiffs, the Costco hepatitis A frozen berry recall class action lawsuit’s proposed Classes, including several subclasses, were certified in 2016.

The plaintiffs are represented by attorneys William D. Marler and Denis Stearns of Marler Clark LLP.

The Costco Hepatitis A Frozen Berry Recall Class Action Lawsuit is Jacob Peterson, et al. v. Costco Wholesale Co. Inc., et al., Case No. 8:13-cv-01292, in the U.S. District Court for the Central District of California.

UPDATE: 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 2: 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 3: March 2019, a website for Class Members in a Costco hepatitis A berries class action lawsuit has been launched. Click here to learn more.