Centers for Disease Control and Food and Drug Administration Indicate 30 People Were Hospitalized Across Massachusetts and Several States
BOSTON, MASSACHUSETTS (September 24, 2026) – There are 37 known cases and 30 hospitalizations after a hepatitis A outbreak linked to frozen clams has spread across Massachusetts, Minnesota, Pennsylvania, and New York.
The CDC has indicated that the illness dates associated with the outbreak stretch from July 30, 2025, to June 23, 2026. The patients were reportedly from 6 to 40 years old.
Of all the people that have been interviewed, an estimated 77% reported that they ate ceviche or undercooked shellfish before being diagnosed. The outbreak led to the recall of La Serranita-brand concha negra, which are fresh-frozen clams from Ecuador.
This outbreak follows a multistate recall of oysters and Manila clams by the FDA. Symptoms of hepatitis A will typically occur two to seven weeks after exposure.
These symptoms can include stomach pain, diarrhea, joint pain, jaundice, and yellow skin or eyes.
Liability for Hepatitis A Outbreaks
Companies that manufacture and serve seafood have a legal obligation to ensure that those products are reasonably safe. There are a number of federal laws that must be observed. For seafood, 21 C.F.R. § 123.6 requires processors to analyze the seafood for likely hazards. They should also use a HACCP plan when one is needed. Claims involving contaminated food will typically hinge on the idea that the food was defective and that the defect was a substantial contributing factor in the illness that a person developed. Courts will take several things into consideration when evaluating liability for any hepatitis A outbreak linked to seafood.
- They will review any HACCP plans that address microbiological contamination.
- They will determine whether the importer followed required safety standards.
- They will consider how any seafood was handled along the supply chain before being eaten by a customer.
- They will review any recall notices that indicate when potentially unsafe food was identified.
Seafood is handled by many different parties. By the time any person eats it from a grocery store or restaurant, there could be several potentially liable parties. Consider, for example, Harris v. Morton’s Restaurant Group, Inc., New York Appellate Division, First Department (2017). In that case, a diner became very ill after eating oysters served at a Morton’s restaurant. He later sued, alleging that the oysters were the cause of his illness. Attorneys for the plaintiff argued that all of the circumstantial evidence pointed to the oysters as being the cause of the infection.
Steps to Take After Becoming Ill From Contaminated Seafood
Many people become ill every year after eating contaminated food. According to the Food and Drug Administration, “The Federal government estimates that there are about 48 million cases of foodborne illness annually — the equivalent of sickening 1 in 6 Americans each year. And each year, these illnesses result in an estimated 128,000 hospitalizations and 3,000 deaths.” It can be particularly difficult to trace hepatitis A because the symptoms will not appear until several weeks after exposure. It is important that several actions are taken after any hepatitis A diagnosis.
- Affected parties should continue to seek all of the medical treatment prescribed by their doctors.
- Victims should preserve all laboratory results and hospital records related to their treatment.
- The source of the contamination should be thoroughly investigated.
- It is always wise for those affected to seek the guidance of a team experienced in personal injury law.
It can be difficult to know where to begin after developing a foodborne illness. Many people require hospitalization and are left with high medical bills. They may also need to take extensive periods of time away from work. To make matters worse, restaurants and food providers will normally avoid taking any sort of legal responsibility for their actions. Victims are able to seek some measure of accountability through a personal injury claim. Damages in a civil claim can help cover lost wages, medical bills, and pain and suffering.
Getting Legal Help After Eating Contaminated Clams
We at DiBella Law extend our best wishes to all of the people who have been sickened by this hepatitis A outbreak linked to frozen clams. Any person that may have more information should reach out to the CDC and FDA. It is our hope that measures are taken to prevent other incidents of this sort.
Have you or a loved one been injured after eating contaminated clams? You may be entitled to significant financial compensation. Our team of experienced personal injury attorneys is here to support you. We are committed to helping people get the medical and financial assistance that they need to recover and move forward with their lives. Whether you just have questions or need a free, independent investigation of the unique facts of any case, we will be able to assist you. You are always welcome to reach out to us anytime at (617) 870-0907.
