--- title: Colorado Woman Sues Whole Foods and Virginia Oyster Company After Salmonella Illness Linked to Multistate Raw Oyster Outbreak date: 2026-10-28T23:15:00-07:00 author: Bill Marler canonical_url: "https://marlerclark.com/news_events/colorado-woman-sues-whole-foods-and-virginia-oyster-company-after-salmonella-illness-linked-to-multistate-raw-oyster-outbreak" section: News --- [All News](/news_events) / [Press Releases](https://marlerclark.com/news_events/press-releases) / # Colorado Woman Sues Whole Foods and Virginia Oyster Company After Salmonella Illness Linked to Multistate Raw Oyster Outbreak **DENVER, Colo. — October 28, 2026** — Sherry DeCrow and her husband, John Hadar, of Lafayette, Colorado, have filed a lawsuit in the United States District Court for the District of Colorado against Whole Foods Market Rocky Mountain/Southwest, L.P. and The Little Wicomico Oyster Company, LLC of Northumberland County, Virginia. The complaint, *DeCrow v. Whole Foods Market Rocky Mountain/Southwest, L.P., et al.*, Civil Action No. \[insert\], alleges that raw oysters harvested by Little Wicomico and sold at the Whole Foods store in Superior, Colorado, gave Ms. DeCrow a severe Salmonella infection that continues today. The plaintiffs are represented by Marler Clark, the Food Safety Law Firm. See complaint # 1:26-cv-05662 below. According to the complaint, Ms. DeCrow bought twelve raw "Blue Point" oysters from the Superior store's seafood counter on June 5, 2026, and ate them that day. Within hours she was violently ill with chills, vomiting, diarrhea, severe abdominal pain, a 102.2°F fever, and shock-like pain in her back, hips, and joints. She later tested positive for Salmonella, and public health investigators interviewed her about the oysters. Ms. DeCrow, a hardwood flooring installer who was in good health before the illness, has since developed joint pain her providers have evaluated as possible reactive arthritis, along with ongoing gastrointestinal symptoms. A stool test in October 2026 — more than four months after she ate the oysters — was again positive for Salmonella. The complaint also alleges that on two occasions Whole Foods seafood staff told her raw oysters could be kept and eaten over three to four days, and that an earlier May 29 purchase contained shell fragments mixed in with the oyster meat. ### The Little Wicomico River outbreak On October 9, 2026, the Virginia Department of Health closed the Little Wicomico River to shellfish harvesting and issued a recall alert after a Salmonella outbreak in Pennsylvania was tied to oysters harvested there. On October 19, CDC and FDA announced a multistate outbreak of *Salmonella* Telelkebir linked to Little Wicomico's oysters: 27 people sick in 12 states, two of them in Colorado, with five of 21 people with information hospitalized and illnesses beginning in late May. Traceback found Little Wicomico's oysters were the only oysters in common to all seven ill people traced. Virginia reports a larger count of 53 people in 18 states. The recall covers oysters harvested from September 18 through October 8, 2026. But the complaint notes that the illnesses counted so far began earlier, from oysters harvested and shipped from the same growing area months before any recall — oysters that had already been sold and eaten. ### The claims The lawsuit brings claims for strict product liability, breach of the implied warranty of merchantability, and negligence against the defendants, and a claim for loss of consortium on behalf of Mr. Hadar. It seeks economic and noneconomic damages in amounts to be proven at trial. "Oysters are filter feeders, and a raw oyster pulled from contaminated water carries whatever is in that water straight to the consumer — nothing in between kills the bacteria," said William Marler, managing partner of Marler Clark. "Sherry did everything right. She asked the people behind the counter how to handle her oysters, and she trusted the answer. Four months later she is still sick. The recall came long after people like her had already eaten these oysters." ### Advice to consumers CDC and FDA advise consumers, restaurants, and retailers not to eat, sell, or serve recalled Little Wicomico oysters harvested from September 18 through October 8, 2026. Anyone who ate raw oysters and developed diarrhea, fever, stomach cramps, or vomiting should contact a health care provider and mention the oysters, and keep any shellfish tags or receipts. ### About Marler Clark Marler Clark, The Food Safety Law Firm, is the nation's leading law firm representing victims of foodborne illness outbreaks. Since 1993, the firm has represented thousands of people sickened by *E. coli*, *Salmonella*, *Listeria*, and other pathogens, and has recovered more than $900 million for clients. Marler Clark is based on Bainbridge Island, Washington. **Media contact:** Bill Marler · (206) 346-1888 · bmarler@marlerclark.com **Sources:** [CDC investigation update](https://www.cdc.gov/salmonella/outbreaks/oysters-10-26/investigation.html) (updated Oct. 19, 2026) · [FDA safety alert](https://www.fda.gov/food/alerts-advisories-safety-information/safety-alert-salmonella-oysters-little-wicomico-river-virginia) [1 4 (pdf)](https://holistic-kudu.files.svdcdn.com/production/publications/colorado-woman-sues-whole-foods-and-virginia-oyster-company-after-salmonella-illness-linked-to-multistate-raw-oyster-outbreak/1-4.pdf?dm=1793329884) ### Other Salmonella Lawsuits [Ramona Family Naturals Market and Happy Hens Salmonella Outbreak Lawsuits](https://marlerclark.com/ramona-family-naturals-market-and-happy-hens-salmonella-outbreak-lawsuits) [Jalapeño Salmonella Outbreak Lawsuits: Chipotle, QDOBA and Coast Citrus Distributors — 431 Sick in 32 States](https://marlerclark.com/chipotle-linked-to-salmonella-outbreak-tied-to-peppers) [Egg Salmonella Outbreak Sickens 134 in 18 States](https://marlerclark.com/egg-salmonella-outbreak-sickens-98-in-17-states) [18 Sick with Salmonella from Moringa Capsules](https://marlerclark.com/18-sick-with-salmonella-from-moringa-capsules) [64 with Salmonella tied to Oysters](https://marlerclark.com/64-with-salmonella-tied-to-oysters) [Vega Farms Salmonella Outbreak Sickens 63](https://marlerclark.com/vega-farms-salmonella-outbreak-sickens-63) [Green Supplement causes Salmonella Outbreak](https://marlerclark.com/green-supplement-causes-salmonella-outbreak) [Salmonella Outbreak tied to Metabolic Meals](https://marlerclark.com/salmonella-outbreak-tied-to-metabolic-meals) [Kentucky Salmonella outbreak linked to Ramsey’s Diners and Missy’s Pies](https://marlerclark.com/kentucky-salmonella-outbreak-linked-to-ramseys-diners-and-missys-pies) [Salmonella Egg Outbreak sickens 63 in California](https://marlerclark.com/salmonella-egg-outbreak-sickens-63-in-california) [Cucumbers with Salmonella - Again](https://marlerclark.com/cucumbers-with-salmonella-again) [Aladdin Mediterranean Restaurant Linked to Salmonella Outbreak in San Diego - 89 Sick](https://marlerclark.com/aladdin-mediterranean-restaurant-linked-to-salmonella-outbreak-in-san-diego) ### Lawsuit updates about foodborne illnesses [Reactive Arthritis Lawsuit Updates](/news_events/case-news?illness=reactive-arthritis&year=all) [E. coli Lawsuit Updates](/news_events/case-news?illness=e-coli&year=all) [Guillain-Barre Syndrome Lawsuit Updates](/news_events/case-news?illness=guillain-barre-syndrome&year=all) [Salmonella Lawsuit Updates](/news_events/case-news?illness=salmonella&year=all) [Hemolytic Uremic Syndrome Lawsuit Updates](/news_events/case-news?illness=hemolytic-uremic-syndrome&year=all) [Listeria Lawsuit Updates](/news_events/case-news?illness=listeria&year=all) [Irritable Bowel Syndrome Lawsuit Updates](/news_events/case-news?illness=irritable-bowel-syndrome&year=all) [Hepatitis A Lawsuit Updates](/news_events/case-news?illness=hepatitis-a&year=all) [Norovirus Lawsuit Updates](/news_events/case-news?illness=norovirus&year=all) [Botulism Lawsuit Updates](/news_events/case-news?illness=botulism&year=all) [Campylobacter Lawsuit Updates](/news_events/case-news?illness=campylobacter&year=all) [Shigella Lawsuit Updates](/news_events/case-news?illness=shigella&year=all) [Cyclospora Lawsuit Updates](/news_events/case-news?illness=cyclospora&year=all) ### Lawsuits updates by year [Foodborne Illness Lawsuits in 1998](https://marlerclark.com/news_events/case-news?illness=all&year=1998) [Foodborne Illness Lawsuits in 1999](https://marlerclark.com/news_events/case-news?illness=all&year=1999) [Foodborne Illness Lawsuits in 2000](https://marlerclark.com/news_events/case-news?illness=all&year=2000) [Foodborne Illness Lawsuits in 2001](https://marlerclark.com/news_events/case-news?illness=all&year=2001) [Foodborne Illness Lawsuits in 2002](https://marlerclark.com/news_events/case-news?illness=all&year=2002) [Foodborne Illness Lawsuits in 2003](https://marlerclark.com/news_events/case-news?illness=all&year=2003) [Foodborne Illness Lawsuits in 2004](https://marlerclark.com/news_events/case-news?illness=all&year=2004) [Foodborne Illness Lawsuits in 2005](https://marlerclark.com/news_events/case-news?illness=all&year=2005) [Foodborne Illness Lawsuits in 2006](https://marlerclark.com/news_events/case-news?illness=all&year=2006) [Foodborne Illness Lawsuits in 2007](https://marlerclark.com/news_events/case-news?illness=all&year=2007) [Foodborne Illness Lawsuits in 2008](https://marlerclark.com/news_events/case-news?illness=all&year=2008) [Foodborne Illness Lawsuits in 2009](https://marlerclark.com/news_events/case-news?illness=all&year=2009) [Foodborne Illness Lawsuits in 2010](https://marlerclark.com/news_events/case-news?illness=all&year=2010) [Foodborne Illness Lawsuits in 2011](https://marlerclark.com/news_events/case-news?illness=all&year=2011) [Foodborne Illness Lawsuits in 2012](https://marlerclark.com/news_events/case-news?illness=all&year=2012) [Foodborne Illness Lawsuits in 2013](https://marlerclark.com/news_events/case-news?illness=all&year=2013) [Foodborne Illness Lawsuits in 2014](https://marlerclark.com/news_events/case-news?illness=all&year=2014) [Foodborne Illness Lawsuits in 2015](https://marlerclark.com/news_events/case-news?illness=all&year=2015) [Foodborne Illness Lawsuits in 2016](https://marlerclark.com/news_events/case-news?illness=all&year=2016) [Foodborne Illness Lawsuits in 2017](https://marlerclark.com/news_events/case-news?illness=all&year=2017) [Foodborne Illness Lawsuits in 2018](https://marlerclark.com/news_events/case-news?illness=all&year=2018) [Foodborne Illness Lawsuits in 2019](https://marlerclark.com/news_events/case-news?illness=all&year=2019) [Foodborne Illness Lawsuits in 2020](https://marlerclark.com/news_events/case-news?illness=all&year=2020) [Foodborne Illness Lawsuits in 2021](https://marlerclark.com/news_events/case-news?illness=all&year=2021) [Foodborne Illness Lawsuits in 2022](https://marlerclark.com/news_events/case-news?illness=all&year=2022) [Foodborne Illness Lawsuits in 2023](https://marlerclark.com/news_events/case-news?illness=all&year=2023) [Foodborne Illness Lawsuits in 2024](https://marlerclark.com/news_events/case-news?illness=all&year=2024) [Foodborne Illness Lawsuits in 2025](https://marlerclark.com/news_events/case-news?illness=all&year=2025) [Foodborne Illness Lawsuits in 2026](https://marlerclark.com/news_events/case-news?illness=all&year=2026) ##### Get Help #### Affected by an outbreak or recall? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ Get a free consultation ](https://marlerclark.com/contact) ##### Related Resources ###### [Salmonella Food Poisoning](https://marlerclark.com/foodborne-illnesses/salmonella/about-salmonella) What is Salmonella and how does it cause food poisoning? The term Salmonella refers to a specific group of gram-negative bacteria with the potential to cause gastrointestinal distress and other... ###### [The Incidence of Salmonella Infections](https://marlerclark.com/foodborne-illnesses/salmonella/the-incidence-of-salmonella-infections) Typhoidal Salmonella Salmonella enterica serotypes Typhi, Sendai, and Paratyphi A, B, or C are found exclusively in humans. These serotypes, collectively referred to as typhoidal Salmonella, cause enteric fever (also... ###### [The Prevalence of Salmonella in Food and Elsewhere](https://marlerclark.com/foodborne-illnesses/salmonella/the-prevalence-of-salmonella-in-food-and-elsewhere) Most Salmonella infections are caused by eating contaminated food. One study found that 87% of all confirmed cases of Salmonella are foodborne. Foods of animal origin, including meat, poultry, eggs... ###### [Transmission of Salmonella Bacteria](https://marlerclark.com/foodborne-illnesses/salmonella/transmission-of-salmonella-bacteria) In the past two decades, consumption of produce, especially sprouts, tomatoes, fruits, leafy greens, nuts, and nut butters, has been associated with Salmonella illnesses. The surface of fruits and vegetables... ###### [Symptoms of Salmonella Infection](https://marlerclark.com/foodborne-illnesses/salmonella/salmonella-symptoms-risks) Symptoms of Salmonella infection include painful abdominal cramps, diarrhea, and fever. Salmonella infections can have a broad range of illness, from no symptoms to severe illness. The most common clinical... ##### Outbreak Database #### Looking for a comprehensive list of outbreaks? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ View Outbreak Database ](https://outbreakdatabase.com)