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Food Poison Journal

Food Poisoning Outbreaks and Litigation: Surveillance and Analysis

Los Angeles County Woman Files Hepatitis A Lawsuit Against Townsend Farms

Posted By Bill Marler on June 17, 2013

LOS ANGELES, CA—Seattle-based Marler Clark, the nation’s leading law firm representing victims of foodborne illness, filed a lawsuit today against Townsend Farms, the Oregon company whose frozen berry and pomegranate seed blend has been identified as the source of a hepatitis A outbreak among residents of 8 states.  The lawsuit was filed on behalf of Los Angeles County resident Catherine Gunn, who alleges she became ill with a hepatitis A infection after eating “Townsend Farms Organic Antioxidant Blend” purchased from Costco.  Also representing Ms. Gunn are San Diego-based law firms Gordon & Holmes and Keeney, Waite & Stevens.

According to the lawsuit, Catherine Gunn purchased and consumed Townsend Farms Organic Antioxidant Blend berry and pomegranate seed mix in May of 2013.  She alleges she fell ill with symptoms of hepatitis A infection on May 31 and later tested positive for hepatitis A.  Ms. Gunn’s attorneys state that she has sought medical care for treatment of hepatitis A on multiple occasions and continues to receive medical care.

“All of the people I represent in this outbreak have been fatigued for weeks,” said attorney Bill Marler, who represents over XX individuals who became ill with hepatitis A after eating the Townsend Farms product.  Marler noted that victims of hepatitis A infection can take up to 6 months to fully recover from their illnesses.

According to a June 17 update to the CDC website, “Multistate outbreak of Hepatitis A infections potentially associated with ‘Townsend Farms Organic Antioxidant Blend’ frozen berry and pomegranate mix,” at least 106 people in 8 states have fallen ill with hepatitis A infections as part of the outbreak traced to the Townsend Farms product.  The incubation period, or time between ingesting the virus and becoming ill with symptoms of hepatitis A infection, is typically about 30 days.

“This outbreak will continue to grow,” added Marler.  “Some people probably won’t start feeling ill until closer to the Fourth of July.”

BACKGROUND:  Marler Clark has represented thousands of victims of foodborne illness outbreaks, including hundreds of victims of hepatitis A outbreaks and thousands who were exposed to hepatitis A and were forced to receive inoculations against the virus.  In the last 20 years, Marler Clark has recovered over $600 million on behalf of victims of foodborne illnesses such as hepatitis A, E. coli, Salmonella and Listeria.

Hepatitis A Sickens 106 in 8 States

Posted By Drew Falkenstein on June 17, 2013

The CDC reports as of June 14, 2013, we are investigating acute hepatitis A illnesses in 106 people in eight states: Arizona, California, Colorado, Hawaii, Nevada, New Mexico, Utah, and Washington.

Investigation by state and local health departments, FDA, and CDC is ongoing.  Costco notified its members who purchased this product since late February 2013, and has removed the “Townsend Farms Organic Antioxidant Blend” frozen berry and pomegranate mix from its shelves.

FDA has begun an inspection of the processing facilities of Townsend Farms of Fairview, Oregon.

The FDA is also finalizing a protocol to test berries for the Hepatitis A virus (HAV), and will be testing samples related to the outbreak, including the frozen blend for the presence of HAV.

On June 3, 2013, Townsend Farms, Inc. of Fairview, Oregon voluntarily recalled certain lots of its frozen Organic Antioxidant Blend because it has the potential to be contaminated with hepatitis A virus.

Preliminary laboratory studies of specimens from five states suggest the outbreak strain of hepatitis A virus (HAV) is genotype 1B. This strain is rarely seen in the Americas but circulates in North Africa and the Middle East.

This genotype was identified in a 2013 outbreak in Europe linked to frozen berries and another 2012 outbreak in British Columbia related to a frozen berry blend with pomegranate seeds from Egypt. However, there is no evidence at this time that these outbreaks are related to the current U.S. outbreak.

According to the label, the “Townsend Farms Organic Antioxidant Blend” frozen berry and pomegranate mix associated with illness contained products originating from the U.S., Argentina, Chile, and Turkey.

Hepatitis A is a human disease and usually occurs when an infected food handler prepares food without appropriate hand hygiene.  However, food contaminated with HAV, as is suspected in this outbreak, can cause outbreaks of disease among persons who eat or handle food.

Lombard Los Burritos Mexicanos Identified as Likely E. coli Source

Posted By Bill Marler on June 17, 2013

Chicago’s WGN TV reports that DuPage County health officials closed a restaurant last Friday afternoon in Lombard as a precaution while they investigate four confirmed cases of E. coli bacteria.

All four people who got sick say they ate dinner at Los Burritos Mexicanos on St. Charles Road in Lombard.

On Friday, ccording to the Chicago Tribune, the DuPage County Health Department closed an unnamed Lombard restaurant in connection with the investigation into four confirmed cases of E. coli in people admitted to a county hospital this week, officials said today.

Jason Gerwig, a public information officer for the DuPage County Health Department, said his agency is looking at a Lombard restaurant as a possible source for the outbreak, and said the restaurant had been temporarily closed at 5 p.m. Friday as part of the investigation. Gerwig said the total number of cases confirmed or under investigation is about 10.

The four confirmed cases were all hospitalized at Advocate Good Samaritan Hospital in Downers Grove, officials said Friday. Jim Silvestri, a spokesman for Good Samaritan, said Friday that eight people had come to the hospital feeling ill and that four had been admitted.

Townsend Farms Hepatitis A Berries – A Failing Recall

Posted By Suzanne Schreck on June 15, 2013

Today, Lynne Terry of the Oregonian reports that a restaurant in Ashland, just blocks from the hub of the Shakespeare Festival, served food that could have been contaminated with hepatitis A as recently as this past Wednesday.  Oregon health officials said Evo’s Coffee Lounge was using Townsend Farms Organic Antioxidant Blend in its Radically Free smoothie, potentially contaminating customers.  “They were still using the product when the FDA called them on Wednesday,” said William Keene, senior epidemiologist with the Oregon Public Health Division. “So people may have been exposed as recently as this past week.”  Hepatitis A vaccines are recommended and offered by local health departments.

For those consumers like Evo’s Coffee Lounge, who appear not to have heard (or paid attention to) the recall, the product continues to potentially spread its nasty cargo.  This is especially true for a product like Townsend’s frozen berries that can slip into the back of the freezer only to be ready to unload another round of hepatitis A illnesses later.

Hepatitis A:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A and other foodborne illness outbreaks and have recovered over $600 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food.  The law firm has brought Hepatitis A lawsuits against such companies as Subway, McDonald’s, Chipotle, Quiznos, Chi-Chi’s and Carl’s Jr.

If you or a family member became ill with a Hepatitis A infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Hepatitis A attorneys for a free case evaluation.