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Frozen fruit is often viewed as a safe and convenient staple in homes, restaurants, and food production facilities. However, the recent Class I recall involving tens of thousands of pounds of frozen blueberries has raised significant public health concerns. The U.S. Food and Drug Administration (FDA) has determined that the affected products carry a reasonable probability of causing serious injury or death due to possible contamination with Listeria monocytogenes.
For individuals who consumed contaminated blueberries and suffered illness or loss, the situation may involve more than a food safety issue. It may also create grounds for legal action. Parker Waichman LLP is actively investigating potential claims related to this recall and offering free consultations to affected individuals and families.
This page explains what the FDA warning means, the risks associated with Listeria contamination, who may be affected, and what legal options may be available.
The FDA upgraded the blueberry recall to Class I, the agency’s most serious category. A Class I designation means regulators believe there is a reasonable probability that use or exposure to the product will cause serious adverse health consequences or death.
The recall was initiated by Oregon Potato Company LLC, doing business as Willamette Valley Fruit Company, after concerns arose that certain frozen blueberries could be contaminated with Listeria monocytogenes.
What Parker Waichman LLP Found
Our legal team is actively reviewing this developing situation. Key findings include:
Even though the berries were not sold in grocery stores, contamination at the wholesale level can still expose large numbers of people through restaurants, food processors, institutional kitchens, and repackaged products.
Listeria monocytogenes is a harmful bacterium that can cause a serious infection known as listeriosis. Unlike many foodborne pathogens, Listeria can survive and grow in refrigerated and frozen environments, making frozen foods particularly concerning when contamination occurs.
Symptoms may begin with:
However, the infection can progress to severe and life-threatening complications, including:
Certain groups face elevated risk, including:
Because symptoms can appear days or even weeks after exposure, many victims may not immediately connect their illness to contaminated food.
According to the FDA, the recall covers specific bulk blueberry products.
30-Pound Case Lot Codes:
1,400-Pound Tote Lot Codes:
Because these products were distributed in bulk, they may have been:
This increases the potential scope of exposure.
Food manufacturers and distributors have a legal duty to ensure their products are safe for consumption. When contaminated food enters the supply chain and causes illness, injured individuals may have the right to pursue compensation through product liability or food poisoning claims.
Potential legal issues in cases like this often include:
When contamination results in hospitalization, long-term complications, or death, the financial and emotional impact on families can be significant.
Listeriosis is not a routine stomach illness. In serious cases, the infection can spread beyond the digestive system and affect the bloodstream or central nervous system.
Possible complications include:
Because the FDA determined there is a reasonable probability of death associated with these recalled blueberries, health officials and legal professionals are closely monitoring the situation.
Individuals who experienced severe symptoms after consuming products containing frozen blueberries may wish to seek medical evaluation and document their exposure.
You or your family member may have a potential claim if:
Each case depends on medical records, exposure history, and product tracing. Commercial food distribution cases often require detailed investigation to identify the contamination source.
If you suspect exposure to contaminated blueberries, consider taking the following steps:
Early documentation can be important both medically and legally.
How serious is a Class I food recall?
A Class I recall is the FDA’s most urgent designation. It means the agency believes there is a reasonable probability that the product could cause serious health consequences or death. These recalls typically involve pathogens such as Listeria, Salmonella, or E. coli.
What symptoms should I watch for after possible Listeria exposure?
Common symptoms include fever, muscle aches, nausea, and diarrhea. In more severe cases, individuals may experience confusion, stiff neck, loss of balance, or seizures. Pregnant individuals may have mild symptoms but still face serious pregnancy risks.
How long after exposure can symptoms appear?
Listeria symptoms can appear anywhere from a few days to several weeks after consuming contaminated food. This delayed onset can make it harder to identify the source without careful investigation.
Can I file a lawsuit if I did not buy the blueberries myself?
Yes. Many Listeria cases involve food served at restaurants, hospitals, schools, or through processed foods. You may still have a claim if you consumed the contaminated product indirectly.
What compensation may be available in a food poisoning case?
Depending on the circumstances, compensation may include medical expenses, hospitalization costs, lost income, pain and suffering, and in wrongful death cases, funeral expenses and loss of financial support.
Do I need a confirmed lab diagnosis to pursue a claim?
A confirmed diagnosis strengthens a case, but it is not always required. Medical records, exposure evidence, and epidemiological links may also support a claim.
How long do I have to file a lawsuit?
Deadlines vary by state. Because time limits can expire quickly, speaking with an attorney promptly helps preserve your rights.
If you or a loved one became seriously ill after consuming frozen blueberries or foods containing them, you may have legal options. Food contamination cases can involve complex supply chains and medical evidence, but compensation may be available for those who suffered harm.
Parker Waichman LLP is a national personal injury law firm investigating claims related to the recalled blueberries. We offer free, no-obligation consultations and charge no fees unless we recover compensation for you.
Call 1-800-YOUR-LAWYER (1-800-968-7529) today to for your free consultation. Regardless of your location or where your injury occurred, our nationwide product injury law firm is ready to assist you.
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