Simon & Luke and Gomez Iagmin File Third Hepatitis Lawsuit Against Townsend
Farms and Costco in Orange County
SAN DIEGO, June 7, 2013
SAN DIEGO, June 7, 2013 /PRNewswire/ --The Houston-based food safety law firm
of Simon & Luke, with co-counsel Gomez & Iagmin, has filed a third 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
The lawsuit was filed against Townsend Farms and Costco Corporation in the
Superior Court of Orange County, California on behalf of 36-year old
Placentia, California resident Andres Nieto. Mr. Nieto consumed Townsend
Farms Organic Anti-Oxidant Blend berries he had purchased at a Costco store in
Fullerton. On May 1, he began to experience fatigue, headaches, muscle and
joint aches. Over the next week, his condition worsened, and he developed
nausea, fevers and cold chills, his urine turned dark, and his skin and eyes
turned yellow (jaundice). On May 8, he went to a local Urgent Care facility
in Anaheim, where doctors examined him, prescribed medicine for nausea, and
drew blood. He was discharged later that day with a diagnosis of possible
hepatitis and instructions to drink liquids. The next day, Plaintiff was
informed that his liver enzymes were dangerously elevated, and instructed to
immediately go to St. Joseph's Hospital Emergency Room. At St. Joseph's,
doctors performed numerous tests (including blood work), and waited for the
results. Approximately 5 hours later, Plaintiff was informed that he had
contracted Hepatitis A. Plaintiff was later discharged with a diagnosis of
severe Hepatitis A virus, and instructed to return home to drink lots of
fluids, maintain bed rest, and undergo scheduled blood testing.
Plaintiff continues to experience severe fatigue. He is still receiving
medical treatment, including serial blood tests and a recommendation for a
liver scan to determine long term liver damage. He has lost 15 pounds and
missed one month from work as a result of his illness.
Ms. Nieto is one of at least 61 victims in 7 states who contracted Hepatitis A
after consuming frozen Townsend Farm berries. The victims are located in
California, Colorado, Arizona, Hawaii, New Mexico, Nevada, and Utah.
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 and Gomez Iagmin filed the first Hepatitis A lawsuit in the
United States against Townsend Farms and Costco in Los Angeles on June 3 on
behalf of a 51-year old resident of Lakewood, California. Immediately
thereafter, Townsend Farms issued a recall of the tainted berries. The firms
have now filed two more lawsuits in San Diego and Orange Counties.
Prior to the lawsuits, Costco had already begun notifying customers to discard
the product, despite Townsend Farms' refusal to acknowledge the link between
the frozen berry mix and Hepatitis A illnesses. That process is still not
Ron Simon, counsel for Ms. Wilson, issued the following statement today:
"Costco and Townsend Farms' delay in notifying customers that their berries
contained human feces is inexcusable. Our lawsuits will get to the bottom of
that delay so it does not happen again."
John H. Gomez, co-counsel, affirms "Californians deserve safe food. Incase
after case, we fight hard to ensure that it is."
Simon & Luke currently represents dozens of victims involved in this outbreak,
and anticipates filing many more lawsuits in the coming weeks.
About Ron Simon and Simon & Luke
Simon & Luke's groundbreaking work on behalf of victims in several recent
outbreaks (Peter Pan peanut butter, Castleberry's chili, Nestle cookie dough,
Peanut Corporation of America Peanut products, JBS Swift beef, Daniele salami,
Subway sandwiches, Wright County Egg / Hillandale Farms eggs, Cargill ground
turkey, Agromod papayas, Moon Marine sushi, and Firefly tapas, to name a few)
have been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major
television networks and print media.
The firm has represented over 5000 victims of food-borne outbreaks in the past
five years alone, and has collected over $550,000,000 for its clients.
The firm regularly publishes articles about food safety and litigation at
www.myfoodpoisoninglawyer.com, which are read by viewers in over 175 countries
About Gomez Iagmin
Gomez Iagmin Trial Attorneys out of San Diego have represented victims of a
wide variety of food borne illnesses. We have been involved in virtually every
national food borne illness outbreak over the last 5 years, including Peter
Pan peanut butter, Castleberry's chili, Nestle cookie dough, Kellogg crackers,
Subway sandwiches, Wright County Egg/Hillandale Farms eggs, and Jensen Farms
For more information about the Gomez Iagmin, please visitwww.gomeziagmin.com
Please visit our websites at
SOURCE Gomez Iagmin Trial Attorneys
Contact: Ron Simon, Simon & Luke, L.L.P., Simon & Luke, L.L.P., 2929 Allen
Parkway, 42nd Floor, +1-713-335-4900, or fax, +1-713-335-4949
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