Dozens of individuals across several westerns states including California, Colorado, Nevada, New Mexico and Arizona have been stricken by Hepatitis A resulting from consumption of Townsend Farms frozen mixed berry sold at Coscto.
This article is provided to inform individuals who have contracted Hepatitis A from Costco products and have legal questions regarding the filing o a class action lawsuit against at fault parties.
If you have any further legal questions and would like to speak with an attorney regarding your claim contact our law offices toll free at (855)385-2529. All consultations are free of charge and completely confidential.
What is a Class Action Lawsuit
Before deciding on whether you should join a class action lawsuit or filing and independent lawsuit, it is important to know the difference. Class action lawsuits serve the purpose of judicial efficiency in cases where multiple plaintiffs (victims) have an identical or similar cause of action against a defendant (liable party). According to the most recent data there could be between 50-100 individuals who may have a potential claim.
In class action lawsuit one plaintiff will be chosen as the “head of the class”, and will represent all victims injured in the court of law. Federal Civil Procedure Rule 23 provides the basis for class action lawsuits where a representative member of a class may file a claim on behalf of others where the class is so numerous that joinder of all members is impracticable.
Should I Join a Class Action Lawsuit – Disadvantages of Joining a Class Action
Class action lawsuits will not take into consideration your personal or independent injuries and will aggregate the settlement amount you are owed. For example if there are 10 members of a class action and the settlement or verdict amount is $1,000,000 then each individual will receive an apportioned amount of the total recovery; i.e. $100,000 regardless of the extent or severity of injuries incurred. Thus, a victim will be barred from perusing an independent claim after joining a class action even if his total economic and non -economic damages amount to more than $100,000.
Therefore, it is not recommended to join a class action lawsuit as it will likely limit your claim. Contact the Costco Townsend Berries lawyers at Downtown LA Law for a free and confidential case evaluation.
It is also important to mention that our firm does NOT handle class action lawsuits for Costco Townsend Farms Organic Antioxidant Frozen Berry Mix. We are ONLY pursuing individual claims for damages, which will allow you maximum recovery for your injuries.
Proving A Food Poisoning Case In A Court of Law
In most instances food poisoning and contamination lawsuits are based on a product liability claims. Product liability lawsuits are based on three different causes of action including
- Defect in the original design or recipe of the food product
- Defect in the manufacturing and distribution process resulting in contamination
- Defect in labeling – sometime referred to a failure to warn of danger associated with the consumption of the product
The key factor in food poisoning lawsuits is the preservation of the evidence. In most cases against defendants including producers, distributors, and sellers of the product courts will expect the production of the smoking gun. Thus it is important to preserve the evidence so that a causal link can be established between the contaminated food and your illness.
Legal Assistance: If you have any further legal questions and would like to speak with an attorney regarding your claim contact our law offices toll free (855)385-2529. All consultations regarding your case are free of charge.