Frozen Berry Class Action Lawsuit Filed Over Hepatitis Outbreak

Class action lawsuits have been filed in multiple states targeting the manufacturer of a frozen berry mix that has been linked to a hepatitis A outbreak that has sickened about 100 people nationwide, and caused many others to require vaccine injections.  

The frozen berry class action lawsuits are the latest in a growing number of claims stemming from a recall for packages of Townsend Farms Organic Antioxidant Blends sold at Costco and Harris Teeter stores.

The complaints seek class action status to represent anyone who had to obtain a hepatitis A vaccine injection due to fears that they contracted the liver disease after eating the frozen berry mix.

According to latest update provided by the U.S. Centers for Disease Control and Prevention (CDC), as of June 13, there were are at least 99 cases of hepatitis A linked to the outbreak in eight states. Out of the 87 victims interviewed by the CDC, 71 of them reported eating the recalled frozen berry mix. Slightly more than half of those sickened have been hospitalized.

The class action lawsuits followed at least four individual claims by those who said they had contracted hepatitis A after eating the recalled berry mix. However, the proposed classes include individuals who have not been diagnosed with hepatitis A, but who followed the CDC’s recommendation to get a vaccine shot, which can be effective up to two weeks after the person has been exposed to hepatitis A.

States where the outbreak has been detected, and where class action lawsuits have been filed, include Arizona, California, Colorado, Hawaii, Nevada, New Mexico, Utah, and Washington. Victims have ranged in age between two and 87 years old and the illness onset dates range from March 16 to June 4.

An investigation conducted by the CDC, FDA and state health agencies continues while the FDA inspects the Townsend Farms processing facilities in Fairview, Oregon.

Townsend officials say the outbreak appears to be linked to the pomegranate seeds in the blends, but also indicates that no tests have found hepatitis A in the actual product. However, the FDA says it has developed new testing protocols that should be able to detect the hepatitis A virus in the berries.