Maui Couple Files Townsend Farms Hepatitis A Class Action Lawsuit

Maui Couple Files Townsend Farms Hepatitis A Class Action Lawsuit

By Anne Bucher

A couple from Maui has filed a class action lawsuit against Townsend Farms after they consumed a frozen berry mix that was linked to outbreaks of Hepatitis A in Hawaii and seven other states.

Jenabe and Motoko Caldwell filed the Townsend Farms class action lawsuit after they were tested and vaccinated for Hepatitis A because they consumed or were exposed to people who had consumed the contaminated berry mix. The outbreak was traced to the Organic Antioxidant Berry Blend sold by Townsend Farms, an Oregon company. They are seeking reimbursement for the costs of the hepatitis A vaccine and other costs associated with treatment.

Hepatitis A is a contagious liver disease that can develop after exposure to the hepatitis A virus. There is a hepatitis A vaccination that can prevent illness if given within two weeks of the hepatitis A exposure. According to the Centers for Disease Control and Prevention, the outbreak has affected 87 people. The illness has been reported in Hawaii, California, Washington, Utah, Colorado, Nevada, Arizona and New Mexico. The Hawaii Department of Health indicated that there have been three reported hepatitis A cases linked to the berry blend.

The Caldwells purchased the Townsend Farms Organic Antioxidant Berry Blend from Costco in Kahului, Maui on April 13. They consumed the mix before they had received news of the hepatitis A outbreak that was associated with the product. Costco removed the product from its shelves on May 31 after a public announcement was made about the contaminated product.

On June 4, Townsend Farms voluntarily recalled certain lots of the Organic Antioxidant Berry Blend from Costco because of the potential of hepatitis A contamination. According to the company’s website, the hepatitis A contamination has been traced to pomegranate seeds that were processed in Turkey.

Upon learning about their potential exposure to hepatitis A, the Caldwells sought medical treatment. They were treated with immune globulin, a substance that prevents the symptoms of hepatitis A from manifesting. Immune globulin is an also used to prevent symptoms from developing in people who have already been diagnosed with hepatitis A.

According to the couple’s lawyer, the Townsend Farms class action lawsuit was filed to help residents who, like the Caldwells, wanted to prevent symptoms of hepatitis A from developing. While it is unlikely that these individuals will develop hepatitis A because they sought timely medical intervention, the Caldwells want to ensure that the affected class members are reimbursed for their medical testing, treatment and other expenses they suffered after learning of the hepatitis A contamination.

Costco sold as many as 330,000 bags of the contaminated berry blend in western states. Several other Townsend Farms Hepatitis A lawsuits have already been filed in Idaho and California . The number of class action lawsuits is likely to increase as people are becoming increasingly aware of the outbreak. More than 10,000 people are likely to fit the class description in the Caldwell’s complaint.

The Townsend Farms class action lawsuit has been filed in the Second Circuit Court in Maui. The plaintiffs are represented by Drew Falkenstein of Marler Clark and Michael O’Connor of Ogawa, Lau, Nakamura & Jew.

Did you or a loved one contract Hepatitis A after eating Townsend Farms Organic Antioxidant Berry Blend from Costco? Lawsuits are being filed now. Submit your information for a free legal review to see if you qualify.

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.

Updated June 14th, 2013

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