Lawsuits Being Filed Over Costco-Townsend Farms Frozen Berry Recall

Lawsuits Being Filed Over Costco-Townsend Farms Frozen Berry Recall

By Amanda Antell

On May 31, 2013, Oregon company Townsend Farms announced a recall of one of its frozen berry mixes — Townsend Farms Organic Antioxidant Blend — sold at Costco stores. The berries have been linked to at least 34 different Hepatitis A cases in five states.

The recall was announced three days after the United States Food and Drug Administration (FDA) and the federal Centers for Disease Control (CDC) first announced a potential link between the frozen berries and the illness. Hepatitis A cases have been reported in Colorado, New Mexico, Nevada, Arizona, and California. Hawaii health officials are also investigating three cases of hepatitis A in people who might have eaten the Costco-Townsend Farms berry mix.

Lawsuits are being filed now by consumers who became ill after eating the recalled Costco-Townsend Farms frozen berries.

According to attorneys from both the company and the plaintiffs, the Hepatitis A outbreak seems to stem from particular pomegranate seeds, which are imported from Turkey, in the Townsend Farms Organic Antioxidant Blend. There has been no confirmation on this theory, as of yet.

In one personal injury lawsuit from a woman in San Diego, she alleges that she came down with Hepatitis A after eating the berries. The plaintiff developed a headache, fatigue, and pain in her right side; these symptoms lasted for three days before she finally sought medical treatment. At least 49 people in the five states listed have fallen ill in the potential outbreak, with 11 of those requiring hospitalization.

The CDC announced that the first illnesses were reported at the end of April. The same genotype as Hepatitis A was identified in an outbreak in Europe linked to frozen berries this year. Additionally, there was another outbreak in 2012 in British Columbia related to another frozen berry blend with pomegranate seeds, this time from Egypt. Aside from the products sold in the United States and Turkey, the CDC also said that Townsend Farms berries also included fruits from Argentina and Chile.

Hepatitis A is an acute infectious disease of the liver caused by an RNA virus that spreads through fecal and oral contamination. It can be transmitted from person to person by ingesting contaminated food or water, or through direct contact with an infected person. The time between infection and the appearance of Hepatitis A symptoms is usually between two and six weeks, with the average incubation period being 28 days.

Medical experts encourage people to take caution with this virus, since early symptoms of Hepatitis A can be mistaken for influenza but some bearers show no symptoms at all. This most commonly occurs in children.

Symptoms of Hepatitis A usually last less than two months, but some people have reportedly suffered for as long as six months before recovering. The symptoms of Hepatitis A include, but are not limited to:

• Fatigue
• Fever
• Nausea
• Loss of appetite
• Jaundice, a yellowing of the skin or whites of the eyes
• Dark amber-colored urine
• Clay-colored feces

People are currently suing Townsend Farms and Costco for exposing their customers to dangerous products, and negligently endangering the welfare of their clients. Charges include personal injuries which cover punitive and medical damages.

If you or a loved one were diagnosed with Hepatitis A after consumer Townsend Farms Organic Antioxidant Blend frozen berries, you have legal options. Please visit the Costco Hepatitis A Frozen Berry Recall Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a personal injury lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The Hepatitis A attorneys working this investigation do not get paid until you do.

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 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 4: 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 5: 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 10th, 2013

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions