What Consumers Need to Know About the Potentially Fatal, Recalled Blueberries and Potential Legal Claims

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.

What Prompted the FDA’s Highest-Level Recall

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:

  • The FDA classified the recall as Class I, its most serious risk level
  • The contamination involves tens of thousands of pounds of product
  • Listeria infections can lead to life-threatening complications
  • Bulk distribution increases the risk of widespread exposure
  • Affected individuals may have grounds to pursue food poisoning claims

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.

Understanding the Danger of Listeria Monocytogenes

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:

  • Fever
  • Muscle aches
  • Nausea
  • Diarrhea

However, the infection can progress to severe and life-threatening complications, including:

  • Bloodstream infections
  • Meningitis
  • Neurological impairment
  • Pregnancy loss or stillbirth

Certain groups face elevated risk, including:

  • Pregnant individuals
  • Adults over age 65
  • Young children
  • People with weakened immune systems

Because symptoms can appear days or even weeks after exposure, many victims may not immediately connect their illness to contaminated food.

Products and Lot Codes Involved

According to the FDA, the recall covers specific bulk blueberry products.

30-Pound Case Lot Codes:

  • 2055 B2
  • 2065 B1
  • 2065 B3
  • Expiration dates: July 23–24, 2027

1,400-Pound Tote Lot Codes:

  • 3305 A1
  • 3305 B1
  • Expiration date: November 25, 2027

Because these products were distributed in bulk, they may have been:

  • Used in food manufacturing
  • Repackaged under different labels
  • Served in restaurants or institutional settings
  • Incorporated into smoothies, baked goods, or prepared foods

This increases the potential scope of exposure.

Why This Recall Raises Legal Concerns

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:

  • Failure to maintain sanitary processing conditions
  • Inadequate testing or quality controls
  • Delayed recall actions
  • Failure to warn downstream distributors

When contamination results in hospitalization, long-term complications, or death, the financial and emotional impact on families can be significant.

How Listeria Infections Can Lead to Severe Harm

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:

  • Sepsis
  • Brain inflammation
  • Long-term neurological damage
  • Pregnancy complications
  • Fatal outcomes

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.

Who May Qualify to File a Lawsuit

You or your family member may have a potential claim if:

  • You consumed food containing the recalled blueberries
  • You developed confirmed or suspected listeriosis
  • You required hospitalization related to the infection
  • A pregnancy complication occurred after exposure
  • A loved one died following a Listeria infection

Each case depends on medical records, exposure history, and product tracing. Commercial food distribution cases often require detailed investigation to identify the contamination source.

What to Do if You Believe You Were Exposed

If you suspect exposure to contaminated blueberries, consider taking the following steps:

  1. Seek medical care if you experience symptoms consistent with Listeria infection
  2. Preserve any remaining product or packaging if available
  3. Document where and when the food was consumed
  4. Follow public health guidance
  5. Consider speaking with a product liability attorney about your rights

Early documentation can be important both medically and legally.

Frozen Blueberry Listeria Lawsuit FAQs

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.

Contact Parker Waichman LLP For a Free Case Review

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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