San Diego, CA (PRWEB) June 21, 2013
National food safety law firm of Simon & Luke has filed a fifth California lawsuit stemming from a multi-state Hepatitis A outbreak linked to consumption of frozen berries manufactured by Oregon-based Townsend Farms and sold at Costco stores. A copy of the lawsuit, Patterson v. Townsend Farms, et al.; Case No. BC512333, is attached.
The lawsuit was filed against Townsend Farms and Costco Corporation in the Superior Court of Los Angeles County, California on behalf of 52-year old Burbank, California resident Greg Patterson, on Friday June 14, 2013, and assigned to Department 92. According to the lawsuit, Mr. Patterson consumed Townsend Farms Organic Anti-Oxidant Blend berries he had purchased at a Costco store in Burbank. During the first week of May, he allegedly began to suffer severe flu-like symptoms, including fatigue, jaundice, dark colored urine, discolored stools, dehydration, chest pains, nausea, and vomiting. On May 13, 2013, the lawsuit states, he was seen at his local doctor’s office, where blood tests were performed, and he was instructed to return home to drink lots of fluids, maintain bed rest, and undergo scheduled blood testing. A few days later, he was informed that he had tested positive for Hepatitis A and his physician ordered him to undergo an ultrasound and MRI.
According to the lawsuit, Mr. Patterson was thereafter notified by the Los Angeles County Health Department that his illness was linked to the Hepatitis A outbreak from consumption of Townsend Farms frozen berries purchased from Costco. Mr. Patterson claims, in his lawsuit, that he continues to experience jaundice and to suffer severe fatigue. According to the lawsuit, Mr. Patterson is still receiving medical treatment, including serial blood tests. He has also allegedly lost 20 pounds and missed one month from work as a result of his illness
Mr. Patterson is believed, according to the filed lawsuit, to be one of at least 118 victims in 8 states, according to the Centers for Disease Control and Prevention (CDC) who contracted Hepatitis A after consuming frozen Townsend Farm berries. See http://www.cdc.gov/hepatitis/Outbreaks/2013/A1b-03-31/index.html. According to this June 19, 2013 report by the CDC, the 118 victims are located in California, Colorado, Arizona, Hawaii, New Mexico, Nevada, Utah, and Washington.
Per the CDC website, Hepatitis A is spread when food or drink contaminated by feces of an infected person is ingested by mouth.
Simon & Luke filed the first Hepatitis A lawsuit in the United States against Townsend Farms and Costco in Los Angeles on June 3, 2013, on behalf of a 51-year old resident of Lakewood, California. That lawsuit, Cause No. BC510633 in the Superior Court of Los Angeles County assigned to the Stanley Mosk Court House to the Central District and attached hereto, happened the same day Townsend Farms issued a recall of the tainted berries, which also took place on June 3 according to the CDC. See http://www.cdc.gov/hepatitis/Outbreaks/2013/A1b-03-31/index.html
Ron Simon, counsel for Mr. Patterson, issued the following statement today: “Costco and Townsend Farms’ delay in telling consumers that their berries contained human feces is inexcusable. Our lawsuits will uncover why that delay occurred so it does not happen again.”
About Ron Simon and Simon & Luke
Simon & Luke regularly publishes articles about food safety and litigation at http://www.myfoodpoisoninglawyer.com, and can be contacted directly at 713-819-8116 (Attorney Ron Simon’s cell phone); 713-306-3880 (Attorney Tony Coveny’s cell phone) or at 1-888-335-4901 (Simon & Luke’s toll free number).