--- title: La Serranita Concha Negra Frozen Clam Hepatitis A Outbreak Lawsuits date: 2026-09-05T08:53:00-07:00 author: Bill Marler canonical_url: "https://marlerclark.com/la-serranita-concha-negra-frozen-clam-hepatitis-a-outbreak-lawsuits" section: Litigation Landing Pages --- [Foodborne Illnesses](/foodborne-illnesses) / [Hepatitis A](https://marlerclark.com/foodborne-illnesses/hepatitis-a) / # La Serranita Concha Negra Frozen Clam Hepatitis A Outbreak Lawsuits - ● Cases: 37 - ● Hospitalizations: 30 (81%) - ● Deaths: 0 - ● Status: Investigation open; traceback ongoing - ● Locations: Massachusetts, Minnesota, New York, Pennsylvania - ● Product: La Serranita-brand concha negra (black shell) fresh frozen shell meat, imported from Ecuador, 16-ounce plastic packages - ● Illness onsets: July 30, 2025 through June 23, 2026 - ● Data current as of September 3, 2026 **Thirty-seven people are sick and thirty of them were hospitalized** CDC, the U.S. Food and Drug Administration and state and local health officials are investigating a multistate hepatitis A outbreak linked to imported frozen clams. As of September 3, 2026, [CDC has identified 37 illnesses](https://www.cdc.gov/hepatitis-a/outbreaks/clams-2026/index.html) in four states. Thirty of the 37 people — 81 percent — were hospitalized. No deaths have been reported. Case-patients range from 6 to 40 years old, and 54 percent are male. ![](https://holistic-kudu.transforms.svdcdn.com/production/Hepatitis-A-Claims-Outbreak.png?w=1562&h=1358&auto=compress%2Cformat&fit=crop&dm=1788623370&s=f76bc6807539707388fe5c3e03bf5537)An 81 percent hospitalization rate is extraordinary for a foodborne hepatitis A outbreak. In the 2016 Genki Sushi outbreak in Hawaii, traced to raw frozen scallops imported from the Philippines, 292 people were sickened and 74 were hospitalized — about 25 percent. [Marler Clark represented 85 of the victims in that outbreak](https://marlerclark.com/news_events/genki-sushi-hawaii-hepatitis-a-lawsuits), including a woman who died of acute liver failure. **The suspect food is a fresh-frozen clam from Ecuador, eaten raw in ceviche** State and local officials interviewed patients about what they ate in the 15 to 50 days before illness. Of those interviewed, 77 percent reported eating ceviche, 76 percent reported eating raw or undercooked shellfish, and 47 percent reported eating raw or undercooked conchas negras. CDC reports those figures are significantly higher than the background rates in the FoodNet Population Survey. On April 30, 2026, FDA [advised restaurants, retailers and consumers](https://www.fda.gov/food/alerts-advisories-safety-information/safety-alert-hepatitis-virus-concha-negra-black-shell-shell-meat-april-2026) not to serve, sell or eat La Serranita-brand concha negra (black shell) fresh frozen shell meat from Ecuador, sold in 16-ounce plastic packages. The clams are also known as black clams, blood clams and black conch meat. FDA updated the alert on May 22, 2026 to expand the distribution states. Dealers in New York and New Jersey recalled the product. [Food Safety News reported](https://www.foodsafetynews.com/2026/04/fda-issues-alert-about-blood-clams-in-relation-to-hepatitis-a-outbreak/) that the implicated clam meat was shipped to a New York dealer by a New Jersey dealer and importer. **The product was distributed in six states; illnesses have been found in four** FDA lists distribution to restaurants and retailers in Connecticut, Massachusetts, New Jersey, New York, Ohio and Pennsylvania, and warns that the product may have been distributed further. [Illnesses have been reported](https://www.cdc.gov/hepatitis-a/outbreaks/clams-2026/locations.html)in four states. **State of residence** **Cases** **Share of 37** New York 27 73% Pennsylvania 4 11% Massachusetts 3 8% Minnesota 3 8% Total 37 100% *Cases by state of residence, as of September 3, 2026. The four figures sum to 37. Minnesota is not on FDA’s distribution list, which means the product moved beyond the six states FDA named. Note also that these are states of residence, not states of exposure — a person counted in one state may have eaten the clams in another, and the list undercounts every state where product arrived and nobody was tested.* **Illnesses ran for eleven months, and five began after FDA’s public warning** The first illness began on July 30, 2025 and the most recent began on June 23, 2026 — a span of 328 days. [CDC’s onset data](https://www.cdc.gov/hepatitis-a/outbreaks/clams-2026/timeline.html) shows the outbreak in two parts: a long run of illnesses through February 16, 2026, a 74-day gap with no reported onsets, and then five more illnesses in May and June 2026. **Month of illness onset** **Cases** July 2025 1 August 2025 3 September 2025 5 October 2025 2 November 2025 6 December 2025 7 January 2026 7 February 2026 1 March 2026 0 April 2026 0 May 2026 1 June 2026 4 Total 37 *Illness onsets by month, computed from CDC’s published case data. The monthly figures sum to 37. All five onsets after February 2026 began after FDA issued its April 30 safety alert. FDA’s alert has not been updated since May 22, 2026 and still describes the outbreak as one whose illnesses ended in February.* **Nine months passed between the first illness and the first public warning** The first illness began on July 30, 2025. FDA published its safety alert on April 30, 2026 — 274 days later. CDC reports that its own investigation began in May 2026. That interval matters more with hepatitis A than with most foodborne pathogens. Hepatitis A is the one common foodborne infection that can be prevented after exposure: hepatitis A vaccine and immune globulin work as post-exposure prophylaxis, but only within 14 days of exposure. For nearly everyone exposed before the alert, that window had closed months earlier. **Freezing does not inactivate hepatitis A virus** Hepatitis A virus survives freezing. A 16-ounce package that went into a home or restaurant freezer in 2025 carries the same risk today, which is why an alert issued in April remains operative months later. [FDA’s guidance](https://www.fda.gov/food/foodborne-pathogens/hepatitis-virus-hav) is to discard the product and to carefully clean and sanitize any surfaces or containers it touched. Contaminated food looks, smells and tastes normal. Symptoms of hepatitis A usually appear two to seven weeks after exposure and include fatigue, nausea, vomiting, abdominal pain, loss of appetite, fever, joint pain, dark urine, clay-colored stools and jaundice. Children under six often have no symptoms at all, which does not stop them from spreading the virus. Most people recover fully over weeks to months; a minority develop severe liver injury. **Ecuador is not a country FDA certifies shellfish shippers from** Fresh and frozen clams, oysters, mussels and scallops sold in the United States are supposed to move through the National Shellfish Sanitation Program. FDA’s [Interstate Certified Shellfish Shippers List](https://www.fda.gov/media/190879/download), December 2025 edition, states that the listed shippers are certified by regulatory authorities in the United States, Canada, Korea, Mexico and New Zealand — the governments that hold shellfish sanitation agreements with FDA. Ecuador is not among them. The New York State Department of Environmental Conservation [notified shellfish authorities](https://issc.org/sites/default/files/uploads/2026/issc_ny-illness-outbreak-investigation-hepatitis-a-virus-blood-clams_concha-negra.pdf) to be on the lookout for packages of blood clams from Ecuador. How a fresh-frozen bivalve from outside that program reached restaurant kitchens and was served raw for the better part of a year is one of the central questions in this outbreak, and one that goes to the conduct of the importer and the dealers rather than to the people who ate the clams. **The recall was brand-specific; the traceback is not finished** CDC reports that La Serranita products were recalled by dealers in New Jersey and New York, and that traceback investigations remain open to identify the source or sources of the frozen clams. The interview data is broader than the recall: 77 percent of those interviewed reported ceviche and 76 percent reported raw or undercooked shellfish, against 47 percent who reported conchas negras specifically. One recalled brand may be part of the answer rather than all of it. CDC also cautions that the true number of illnesses is likely higher than the number reported, and that the outbreak may not be limited to the four states with known cases. **If you were sickened, preserve the evidence** Two things make a hepatitis A claim provable, and both are easy to lose. Keep the packaging, the receipt, or a photograph of either — a 16-ounce La Serranita package, a restaurant receipt, a credit-card statement showing the meal. And ask the laboratory or your health department to preserve your specimen and any isolate. Sequencing is what ties one person’s infection to an outbreak strain, and specimens are routinely discarded on a schedule that has nothing to do with your case. If you ate La Serranita concha negra raw or undercooked within the past 14 days and are not vaccinated against hepatitis A, contact your health care provider or local health department about post-exposure prophylaxis before anything else. **You may have a legal claim** A company that sells contaminated food is responsible for the harm it causes. In most states a person injured by an adulterated food product does not have to prove that the seller was careless — only that the food was contaminated when it left the defendant’s hands and that it caused the illness. In an outbreak like this one, the potential defendants include the importer, the dealers who distributed the product, and the restaurants and retailers that served or sold it. Damages in a hepatitis A case commonly include hospital and medical bills, lost wages, lost future earning capacity, and pain and suffering. With 30 of 37 known patients hospitalized, the medical and wage losses in this outbreak are substantial. Family members who required post-exposure vaccination or immune globulin because of a documented exposure may also have claims, depending on the state. Deadlines matter. Every state sets a statute of limitations for personal injury claims, the periods differ among Massachusetts, Minnesota, New York and Pennsylvania, and claims involving public entities can require formal notice within months rather than years. If you believe you were part of this outbreak, do not wait to find out which deadline applies to you. **Marler Clark’s hepatitis A record** Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of hepatitis A outbreaks. Our [hepatitis A lawyers](https://marlerclark.com/food-litigation/hepatitis-a-outbreak-litigation) have represented thousands of people sickened in hepatitis A and other foodborne illness outbreaks and have recovered over $850 million for clients. Marler Clark is the only law firm in the nation with a practice devoted exclusively to foodborne illness litigation. The firm has litigated hepatitis A cases arising from contaminated shellfish, green onions, frozen berries, lettuce and restaurant food, including the 2016 Genki Sushi scallop outbreak in Hawaii, the 2013 Townsend Farms frozen berry outbreak, the 2003 Chi-Chi’s green onion outbreak, and the 2016 Tropical Smoothie Cafe outbreak. A fuller list is on our [hepatitis A page](https://marlerclark.com/foodborne-illnesses/hepatitis-a). **Other hepatitis A lawsuits** - ● Tropical Smoothie Cafe Hepatitis A Outbreak Lawsuits — Multistate (2018) - ● [Genki Sushi Hepatitis A Outbreak and Litigation — Hawaii (2016)](https://marlerclark.com/news_events/genki-sushi-hawaii-hepatitis-a-lawsuits) - ● Red Robin Restaurant Hepatitis A Exposure Class Action — Missouri (2014) - ● Townsend Farms Organic Frozen Berries Hepatitis A Outbreak — Multistate (2013) - ● Alta Restaurant Hepatitis A Exposure Class Action — New York (2013) - ● Olive Garden Hepatitis A Outbreak Lawsuit — North Carolina (2011) - ● McDonald’s Hepatitis A Outbreak Lawsuits — Illinois (2009) - ● Chipotle Grill Hepatitis A Outbreak Lawsuits — California (2008) - ● Chi-Chi’s Hepatitis A Outbreak Lawsuits — Pennsylvania (2003) **Frequently asked questions** **What food is linked to this hepatitis A outbreak?** La Serranita-brand concha negra (black shell) fresh frozen shell meat, imported from Ecuador and sold in 16-ounce plastic packages. The clams are also called black clams, blood clams and black conch meat, and are most often eaten raw or lightly marinated in ceviche. FDA advised against eating, selling or serving the product on April 30, 2026, and dealers in New York and New Jersey recalled it. **How many people are sick and where do they live?** As of September 3, 2026, CDC has identified 37 illnesses: 27 in New York, 4 in Pennsylvania, 3 in Massachusetts and 3 in Minnesota. Thirty people have been hospitalized and no deaths have been reported. The product itself was distributed in Connecticut, Massachusetts, New Jersey, New York, Ohio and Pennsylvania and may have gone further, so the illness states and the distribution states are not the same list. **I ate these clams. Is it too late to do anything?** Post-exposure prophylaxis — hepatitis A vaccine or immune globulin — only works within 14 days of exposure, so if you ate the product recently and are not vaccinated, call your provider or health department today. If your exposure was months ago and you never became ill, you are almost certainly past the incubation period, but new fatigue, abdominal pain, dark urine or yellowing of the skin or eyes is worth a call to your doctor. **Do I have to prove the company was negligent?** Usually not. Most states allow a claim in strict liability for an adulterated food product, which means the question is whether the food was contaminated when it left the defendant’s control and whether it caused your illness — not whether anyone was careless. Negligence claims are often pleaded alongside, and can matter when a company had warnings it did not act on. **What does it cost to talk to a lawyer about this?** \[NEEDS BILL’S SIGN-OFF\] Case evaluations are free. Marler Clark handles foodborne illness cases on a contingent fee, which means there is no attorney’s fee unless there is a recovery. **How long do I have to file a claim?** It depends on your state. Massachusetts, Minnesota, New York and Pennsylvania each set their own statute of limitations for personal injury claims, and a claim involving a public entity can require written notice within months. Because this outbreak’s illnesses began as far back as July 2025, some deadlines are closer than people expect. The safest course is to have the dates reviewed now. ***Hepatitis A*** Here is what makes hepatitis A so maddening: it is entirely vaccine-preventable. A single infected food handler can expose thousands of diners, and a safe, inexpensive vaccine could have stopped it. [Marler Clark, The Food Safety Law Firm](https://marlerclark.com/), is the nation’s leading firm representing victims of [hepatitis A](https://about-hepatitis.com/) outbreaks. Our [hepatitis A lawyers](https://marlerclark.com/food-litigation/hepatitis-a-outbreak-litigation) have represented thousands of victims in the only U.S. law practice devoted exclusively to foodborne illness, which has recovered more than $850 million for victims and families nationwide. We have traced outbreaks to green onions, lettuce, and restaurant food, and we have brought [hepatitis A lawsuits](https://marlerclark.com/food-litigation/hepatitis-a-outbreak-litigation) against Costco, Subway, McDonald’s, Red Robin, Chipotle, Quiznos, and Carl’s Jr. We proudly represented the family of [Donald Rockwell](https://marlerclark.com/news_events/maple-lawn-dairy-hepatitis-a-outbreak-new-york), who died after eating hepatitis A–tainted food, and [Richard Miller](https://marlerclark.com/news_events/chi-chis-hepatitis-a-outbreak-pennsylvania), who needed a liver transplant after a meal at a Chi-Chi’s restaurant, in what remains the largest hepatitis A outbreak in U.S. history. For years we have urged restaurants and public health officials to vaccinate food service workers—the simplest, surest way to stop these outbreaks before they start. If you or a family member became ill with a [hepatitis A](https://about-hepatitis.com/) infection after eating contaminated food, contact the Marler Clark [hepatitis A](https://about-hepatitis.com/) attorneys for a free case evaluation. **Additional Resources:** - • [About Hepatitis A](https://about-hepatitis.com/) - • [Hepatitis A Fact Sheet](https://marlerclark.com/pdfs/hepatitisBrochure.pdf) - • [Hepatitis A Video](https://youtu.be/JfubNaF1aac) - • [Marler Clark Hepatitis A Video](https://youtu.be/KIDcePxd8Qs) **Contact the Marler Clark hepatitis A attorneys** If you or a family member developed hepatitis A after eating clams, ceviche, or raw or undercooked shellfish since July 2025, we would like to hear from you. Call **1-800-884-9840**, email **bmarler@marlerclark.com**, or [request a free consultation](https://marlerclark.com/contact). There is no charge to have your case reviewed. More on this illness: [About Hepatitis A](https://www.about-hepatitis.com/) · [Hepatitis A Blog](https://www.hepatitisblog.com/) · [Hepatitis A Food Poisoning](https://marlerclark.com/foodborne-illnesses/hepatitis-a) · [Hepatitis A Outbreak Litigation](https://marlerclark.com/food-litigation/hepatitis-a-outbreak-litigation) · [CDC outbreak page](https://www.cdc.gov/hepatitis-a/outbreaks/clams-2026/index.html) · [FDA safety alert](https://www.fda.gov/food/alerts-advisories-safety-information/safety-alert-hepatitis-virus-concha-negra-black-shell-shell-meat-april-2026) ([en español](https://www.fda.gov/food/alerts-advisories-safety-information/alerta-de-seguridad-por-el-virus-de-la-hepatitis-carne-de-concha-negra-abril-de-2026)) ### Hepatitis A news and updates May 20, 2023 ###### [A quick look at the 2018 Hepatitis A outbreak](https://marlerclark.com/news_events/a-quick-look-at-the-2018-hepatitis-a-outbreak) Litigation proceeded in a Virginia state court against Tropical Smoothie and the strawberry supply chain. 134 people with Hepatitis A were reported from nine states … March 26, 2023 ###### [Hepatitis A outbreak linked to strawberries](https://marlerclark.com/news_events/hepatitis-a-outbreak-linked-to-strawberries) The CDC, state public health and regulatory officials, and the U.S. Food and Drug Administration are investigating an outbreak of Hepatitis A linked to frozen … December 11, 2022 ###### [Since 2016, the US has seen 44,760 Hepatitis A cases with 27,327 hospitalizations and 426 deaths](https://marlerclark.com/news_events/since-2016-the-us-has-seen-44760-hepatitis-a-cases-with-27327-hospitalizations-and-426-deaths) According to the CDC, when hearing about hepatitis A, many people think about contaminated food and water. However, in the United States, hepatitis A is … [1. View all ](https://marlerclark.com/news_events/outbreaks) ## All Hepatitis A Resources [###### Hepatitis A Food Poisoning ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/about-hepatitis) [###### The Incidence of Hepatitis A Infection ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/how-common-is-hepatitis-a-infection) [###### Transmission of Hepatitis A ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/how-does-hepatitis-a-spread) [###### Symptoms of Hepatitis A Infection ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/hepatitis-symptoms-risks) [###### Complications of Hepatitis A Infection ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/hepatitis-complications) [###### Diagnosis of Hepatitis A Infection ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/hepatitis-diagnosis) [###### Treatment for Hepatitis A Infection ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/hepatitis-treatment) [###### Real Life Impacts of Hepatitis A Infection ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/real-life-impacts) [###### Real Life Impacts: The Story of Michael ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/real-life-impacts-the-story-of-michael) [###### Real Life Impacts: The Story of Ben and Lynn ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/real-life-impacts-the-story-of-ben-and-lynn) [###### Real Life Impacts: The Story of Richard Miller ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/real-life-impacts-the-story-of-richard-miller) [###### How to Prevent Hepatitis A Infection ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/hepatitis-prevention) [###### Outbreaks of Hepatitis A ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/hepatitis-outbreaks) [###### Hepatitis A References ](https://marlerclark.com/foodborne-illnesses/hepatitis-a/hepatitis-a-references) ### Other foodborne illnesses [E. coli](https://marlerclark.com/foodborne-illnesses/e-coli) [Salmonella](https://marlerclark.com/foodborne-illnesses/salmonella) [Listeria](https://marlerclark.com/foodborne-illnesses/listeria) [Hepatitis A](https://marlerclark.com/foodborne-illnesses/hepatitis-a) [Reactive Arthritis](https://marlerclark.com/foodborne-illnesses/reactive-arthritis) [Guillain-Barre Syndrome](https://marlerclark.com/foodborne-illnesses/guillain-barre-syndrome) [Irritable Bowel Syndrome](https://marlerclark.com/foodborne-illnesses/irritable-bowel-syndrome) [Norovirus](https://marlerclark.com/foodborne-illnesses/norovirus) [Botulism](https://marlerclark.com/foodborne-illnesses/botulism) [Campylobacter](https://marlerclark.com/foodborne-illnesses/campylobacter) [Shigella](https://marlerclark.com/foodborne-illnesses/shigella) [Cyclospora](https://marlerclark.com/foodborne-illnesses/cyclospora) [Hemolytic Uremic Syndrome](https://marlerclark.com/foodborne-illnesses/hemolytic-uremic-syndrome)