Marler Clark retained in Nebraska Hepatitis A case linked to Fresh Thyme Farmers Market blackberries



As of December 3, 2019, this outbreak appears to be ongoing.

16 outbreak-associated cases of hepatitis A have been reported from 6 states (Indiana, Michigan, Minnesota, Nebraska, Missouri and Wisconsin).

Illnesses started on dates ranging from October 8, 2019, to November 15, 2019. Ill people range in age from 14 to 73 years, with a median age of 50.  Seventy-five percent of ill people are female.  Of 16 people with available information, 9 (60%) were hospitalized. No deaths have been reported.

Epidemiologic and traceback evidence are being collected and analyzed. A single, common supplier of fresh blackberries has not been identified. Illnesses might not yet be reported due to 

In interviews, 15/15 (100%) reported eating fresh blackberries. Of 13 cases with known fresh blackberry purchase location information, 13/13 (100%) purchased fresh blackberries from Fresh Thyme Farmers Market.

Traceback information to date shows that the berries came from a distribution center that ships fresh berries to Fresh Thyme Farmers Market stores in 11 states: Indiana, Illinois, Iowa, Kentucky, Mississippi, Missouri, Minnesota, Nebraska, Ohio, Pennsylvania, and Wisconsin.

This outbreak investigation is ongoing, and the CDC will update the public when more information becomes available.

The FDA is urging consumers to not eat any fresh conventional blackberries if purchased between September 9 and September 30, 2019, from Fresh Thyme Farmers Market stores in the 11 states mentioned above. People who purchased the fresh blackberries and then froze those berries for later consumption should not eat these berries. They should be thrown away.

If consumers purchased fresh conventional blackberries from Fresh Thyme Farmers Market stores in the 11 states listed above between September 9-30, ate those berries in the last two weeks, and have not been vaccinated for the hepatitis A virus (HAV), they should consult with their healthcare professional to determine whether post exposure prophylaxis (PEP) is indicated. PEP is recommended for unvaccinated people who have been exposed to HAV in the last two weeks. Those with evidence of previous hepatitis A vaccination or previous hepatitis A infection do not require PEP.

Contact your healthcare provider if you think you may have become ill from eating these blackberries, or if you believe that you have eaten these berries in the last two weeks.

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 $700 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 Costco, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr.  We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

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.

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