Costco Hit with Lawsuits Over Frozen Berry Hepatitis A Outbreak

Costco Hit with Lawsuits Over Frozen Berry Hepatitis A Outbreak

By Jessica Tyner

Costco and Oregon-based Townsend Farms have been hit with numerous lawsuits for selling bags of frozen mixed berries that have led to a mass Hepatitis A breakout in eight states. So far, the victims total 87 and counting. The berries in question are Townsend Farms Organic Antioxidant Blend, which consist of cherries, blueberries, pomegranates, raspberries and strawberries.

The Centers for Disease Control (CDC) is managing the Hepatitis A outbreak and attempting to warn as many people as possible. Victims in Washington, Arizona, California, Colorado, Hawaii, Nevada, New Mexico and Utah have stepped forward, but surprisingly there are no known Oregon Hepatitis A victims (so far). Costco is also trying to help by offering free vaccinations to anyone who has consumed the berries in the past 14 days.

The Director of Safety at Costco, Craig Wilson, is offering a vaccination reimbursement for anyone who opted for the vaccine outside of the store. Fortunately, Costco knows exactly who purchased the contaminated frozen berry mix because of the membership aspect of the chain. The wholesale retailer has reached out to 240,000 people who may be infected.

What is Hepatitis A?

Hepatitis A outbreaks in America aren’t uncommon, but the liver disease is more prevalent in other countries such as Africa and the Middle East. Townsend Farms is guessing that the frozen berry Hepatitis A outbreak stemmed from the pomegranate seeds in the mix, which the company gets from Turkey.

Hepatitis A is a liver disease that can last for several months. It’s sometimes caused by poor hygiene when food packagers touch the food, but it can also spread if the food (like the pomegranates) is already contaminated.

Most people see symptoms of Hepatitis A within 15-50 days of exposure. Early warning signs are jaundice, chronic fatigue, pain in the abdominal region, dark urine and pale-colored stool. Luckily, Hepatitis A vaccinations can stop the disease in its tracks as long as it’s received within two weeks of exposure. The first Costco victims came forward in mid-March, so it’s possible that it’s too late for some people.

Did You Buy Townsend Farms Berries from Costco?

If you bought this brand from Costco and have received a vaccination and/or have been diagnosed with Hepatitis A, you may qualify to file a personal injury or product liability lawsuit against Costco and Townsend Farms. 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.

Find out more by visiting the Costco Hepatitis A Frozen Berry Recall Lawsuit Investigation. Submit your information, and an attorney will contact you if you have a case for a no-obligation claim review.

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 June 6, 2018, 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.

UPDATE 5: 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 6: 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 17th, 2013

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