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Marler Clark Files Hepatitis A Lawsuits: Costco’s Kirkland Brand Frozen Strawberries Sicken Customers

Seattle, WA – The hepatitis A attorneys at Marler Clark, a Seattle based law firm, filed lawsuits against Scenic Fruit Company, LLC (berry grower) and Californica Splendor, Inc. (berry distributor), on behalf of Tanna Mosalsky and Ryan Darrow. Costco sold Kirkland Signature frozen organic strawberries linked to a multi-state hepatitis A outbreak that is responsible for Ms. Mosalsky’s and Mr. Darrow’s illnesses and injuries. The plaintiffs are represented by Marler Clark, The Food Safety Law Firm. Complaint # 2:23-cv-00516-RSM and 2:23-cv-01235 (see below)

After eating Kirkland Signature organic frozen strawberries, Ms. Mosalsky developed symptoms consistent with hepatitis A which included nausea, shortness of breath, abdominal and torso pain and extreme fatigue. When Ms. Mosalsky sought medical treatment, she was hospitalized for four days and eventually diagnosed with hepatitis A. Testing revealed severely elevated liver enzyme levels. She continues to suffer complications of hepatitis A and will need to have her gallbladder removed.

Mr. Darrow purchased Costco organic strawberries in December 2022, consumed them in February 2023 and became ill in April 2023. Because a hepatitis A infection can incubate and occur 15 to 50 days after consumption, this illness fell well within the time frame. His symptoms included nausea, abdominal pain, dark urine fatigue and jaundice. He sought medical care and tests showed elevated liver enzymes, and an inflamed liver. A diagnosis of hepatitis A has left Mr. Darrow with lifelong complications and symptoms which include significant fatigue, pain and other physical discomforts.

As of July 18, 2023, 10 outbreak-associated cases of hepatitis A had been reported, from four states (California, Hawaii, Oregon, and Washington). Illness dates ranged from November 24, 2022, to June 4, 2023, with four people requiring hospitalization. Interviews with those sickened about foods they ate 2 to 7 weeks prior revealed that 100% reported eating organic frozen strawberries.

Epidemiologic and traceback evidence collected by investigations by the CDC, FDA, Washington state and local health departments indicated that frozen organic strawberries imported fresh from certain farms in Baja California, Mexico, in 2022 are the likely source of the outbreak.

The hepatitis A virus strain causing illnesses in this outbreak is genetically identical to the strain that caused a 2022 hepatitis A outbreak linked to fresh strawberries imported from Baja California and sold at various retailers. In response to this investigation, Defendant Scenic Fruit Company, LLC, recalled frozen organic strawberries, including those sold to Costco in Washington.

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. 

If you or a family member became ill with a Hepatitis A infection after consuming food and you are interested in pursuing a legal claim, contact Marler Clark, Inc., PS for a free case evaluation at ( 866) 768-6846.

Bill Marler’s work as a lawyer and food safety advocate is highlighted in the Netflix Documentary “Poisoned” now streaming. See: “Poisoned”: The Dirty Truth About Your Food - Netflix

2023 08 11 Mosalsky FAC (pdf)
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