Costco Berries Class Action Settlement Will Reimburse Hep A Shots

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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.

In 2013, several class action lawsuits against Costco were filed after a hepatitis A contamination was found in Townsend Farms Organic Antioxidant Blend frozen berries sold through the retailer.

Reportedly, 30 people in five different states were sickened by the outbreak. Numerous others who consumed the product had to obtain a hepatitis A vaccine as well as other medical tests at their own expense.

Though Costco attempted to dodge the frozen berry recall class action lawsuits at several junctures, it failed to submit a motion for summary judgment in time in 2016.

The Costco hepatitis A frozen berry class action lawsuit was set to go to trial in July, but the parties asked for an extension to engage in settlement negotiations.

The hepatitis A contamination allegedly originated from pomegranate seeds. After discovering the contamination, Costco offered hepatitis A shots or reimbursements for shots of either the hepatitis A vaccination or an immune-globulin injection.

Costco has agreed to pay up to $80 to California consumers who purchased the contaminated product, ingested it, and then received a shot to avoid contracting hepatitis A between May 31 and June 13 of 2013.

“For each eligible claimant, whether they received a Hepatitis A vaccination at Costco, or a Hepatitis A vaccination or immunoglobulin injection from a commercial entity or private medical-provider, the claimant will receive a payment of $80.00 as a recovery for non-economic damages,” describes the motion for preliminary approval of the Costco class action settlement agreement.

Costco has also agreed to pay affected California consumers up to $120 for out-of-pocket medical expenses for hepatitis A shots they received outside of Costco’s program.

“If a claimant received a Hepatitis A vaccination or immunoglobulin injection from a commercial entity or private medical-provider, the claimant would be eligible for an additional payment for economic damages to reimburse for the actual cost of the vaccination or injection up to a maximum additional amount of $120.00,” states the motion for preliminary approval of the Costco hepatitis A frozen berry class action settlement.

The number of Class Members is capped to 3,000 consumers.

Class Members must provide proof of expenses paid out-of-pocket they wish to claim, as well as proof that they purchased Townsend Farms Organic Antioxidant Blend frozen berries at the time of the hepatitis A contamination.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

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