A class action lawsuit was filed today in Nevada against Townsend Farms, the company whose “Townsend Farms Organic Anti-Oxidant Blend” frozen berry and pomegranate seed mix has been identified as the source of a hepatitis A outbreak among residents of several Western states. The lawsuit was filed on behalf of named plaintiff Thomas Fiore and all other Nevada residents who received a hepatitis A vaccination or immune globulin injection after eating the Townsend Farms frozen berry blend. Also included in the lawsuit is anyone who required testing for hepatitis A after consuming the Townsend Farms product.
According to the complaint, which was filed in Clark County Superior Court by Seattle-based Marler Clark and Las Vegas attorney Craig Murphy, Thomas Fiore purchased Townsend Farms Organic Anti-Oxidant Blend frozen berry and pomegranate seed mix at a Costco store in Clark County, Nevada in May. After learning that the frozen berry and pomegranate seed mix had been identified as the source of a hepatitis A outbreak, Thomas received a dose of hepatitis A vaccine to prevent hepatitis A infection. The hepatitis A vaccine or immune globulin administered prophylactically can prevent or reduce the symptoms of hepatitis A infection if given within 14 days of exposure.
“Costco did an excellent job of notifying customers of their potential exposure to hepatitis A and encouraging them to receive proper treatment to prevent infection,” said attorney William Marler, who is representing Mr. Fiore.
Marler noted that the class action lawsuit asks that all class members be compensated for the cost of receiving a hepatitis A vaccine or immune globulin injection and hepatitis A testing in addition to time missed from work or other expenses incurred due to exposure to the virus.
“We’re also asking Townsend Farms to reimburse public health agencies for the costs associated with providing shot clinics and outbreak-related investigations. Taxpayers should not be held responsible for this company’s sub-par food safety practices,” Marler concluded.
BACKGROUND: Marler Clark has represented hundreds of people who contracted hepatitis A after eating contaminated food. The law firm has represented thousands who received hepatitis A vaccine or immune globulin injections to prevent infection.