Oyster Recall Lawsuit | 2025 Latest Updates

Free Confidential Lawsuit Evaluation: If you or a loved one developed symptoms of food poisoning after eating recalled oysters, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and our lawyers can help.

If you or a loved one experienced severe gastrointestinal illness following consumption of recalled oysters, you may be entitled to pursue compensation. At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to contaminated food products. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.

Oyster Recall Lawsuit Overview

The oyster recall lawsuits focus on severe norovirus illnesses caused by contaminated frozen half-shell oysters imported from South Korea. Primary allegations involve food safety violations and failure to prevent pathogen contamination. As of March 2025, 13 confirmed and probable cases of norovirus have been reported in California. The FDA has issued warnings and expanded the recall to include additional harvest dates, highlighting serious public health concerns.

Latest Oyster Recall Lawsuit Updates

March 18, 2025 – The California Department of Public Health confirmed 13 cases of norovirus linked to the consumption of contaminated frozen half-shell oysters at four restaurants in Southern California. The expanding outbreak has potential for significant legal claims against importers, distributors, and retailers.

March 2025 – The FDA expanded the recall of frozen half-shell oysters imported from South Korea following a norovirus outbreak in California [1]. This development increases legal liability for companies in the supply chain.

February 2025 – Sea Win, Inc., a Los Angeles-based seafood wholesaler, voluntarily recalled 650 cases of frozen half-shell oysters imported from South Korea’s Designated Area II, processed by Daihung Mulsan Co., Ltd. (KR-7-SP) [2].

What’s the Problem?

Over twelve individuals have become severely sick from an unexplained “gastrointestinal sickness” after consuming uncooked oysters available at several locations across four counties in Southern California — these include Los Angeles, Orange, Santa Barbara, and San Diego, as reported by the California Department of Public Health (CDPH).

Although you may not live in one of the California counties to be affected by the outbreak of gastrointestinal illnesses to date, CDPH warns that you too may be harmed by potentially contaminated raw clams, and to exercise caution when consuming these and related products.

“CDPH continues to work closely with local health jurisdictions to collect information about the cases,” the agency said in a news release. “Traceback evidence collected to date confirms that the oysters were harvested from Estero El Cardon. Shellfish authorities in Mexico have been notified about the outbreak and are investigating.”

FDA Reports and Statistics

According to FDA reports, the contaminated oysters were harvested on multiple dates in early 2024: January 30, January 31, February 1, February 2, and February 4. The FDA has traced the outbreak to specific harvest locations in South Korea’s Designated Area II.

The California Department of Public Health (CDPH) has documented infections across four counties in Southern California: Los Angeles, Orange, Santa Barbara, and San Diego. Health authorities continue investigating additional cases to determine the full scope of the outbreak [3].

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Health officials are urging restaurants and retail establishments to check their inventory and shellfish stocks to determine whether they possess any of the recalled oysters.

“This will ensure that potentially contaminated raw oysters are not available for purchase, and any leftover contaminated products are discarded,” CDPH continued, adding “Consumers should ask the retailer or restaurant about the source if the product is not labeled or identified.”

Oyster Recall Injuries & Side Effects

Consumption of norovirus-contaminated oysters can lead to severe illness with various symptoms requiring medical attention.

• Acute Gastroenteritis: Severe stomach pain, cramping, and intestinal inflammation
• Dehydration: Potentially severe fluid loss requiring hospitalization
• Persistent Vomiting: Leading to electrolyte imbalances and weakness
• Severe Diarrhea: Causing significant discomfort and contributing to dehydration
• Fever and Body Aches: Systemic symptoms indicating serious infection

Do You Qualify for an Oyster Recall Lawsuit?

You may qualify for an oyster recall lawsuit if:

• You consumed oysters between February and March 2025
• You experienced serious gastrointestinal symptoms including vomiting, diarrhea, and dehydration
• Your illness required medical treatment or hospitalization
• You can provide medical documentation linking your illness to consumption of the recalled oysters
• You purchased the recalled oysters or dined at a restaurant that served the contaminated product

Evidence Required for an Oyster Recall Lawsuit

To strengthen your case, the following evidence is typically required:

• Medical records documenting your illness and treatment
• Proof of purchase such as receipts from restaurants or retailers
• Documentation showing you consumed oysters from the affected batches
• Laboratory test results confirming norovirus infection, if available
• Timeline of symptom onset in relation to oyster consumption

Damages You Can Recover

Victims of oyster-related food poisoning may be entitled to recover:

• All medical expenses related to treatment of your illness
• Lost wages due to time away from work during recovery
• Pain and suffering associated with the illness
• Out-of-pocket expenses for medications and care
• Punitive damages in cases of gross negligence by suppliers or retailers

Oyster Recall Information

The current recall affects frozen half-shell oysters imported from South Korea with the following specifications:

• Product: Frozen half-shell oysters
• Origin: South Korea’s Designated Area II
• Processor: Daihung Mulsan Co., Ltd. (KR-7-SP)
• Harvest Dates: January 30, January 31, February 1, February 2, and February 4, 2024
• Distribution: 650 cases distributed primarily in California

Statute of Limitations for Oyster Recall Lawsuits

The statute of limitations for filing an oyster recall lawsuit varies by state but typically ranges from 1-3 years from the date of illness. California residents generally have 2 years to file a personal injury claim related to food poisoning. Due to these time constraints, contacting an attorney promptly after illness is strongly recommended.

FAQs

What compensation might be available through the oyster recall lawsuit?

Compensation may include medical expenses, lost wages, pain and suffering, and other damages related to the illness caused by consuming the contaminated oysters. In severe cases, compensation for long-term health effects or wrongful death may also be available.

What evidence is needed to support a claim in the oyster recall lawsuit?

Supporting evidence may include medical records documenting your illness, receipts or proof of purchase showing you consumed the recalled oysters, and any expert testimony linking your condition to the contaminated oysters.

Can I sue the restaurant or retailer that sold me the contaminated oysters?

Yes, you may be able to sue the restaurant or retailer that sold you the contaminated oysters, especially if they failed to properly handle, store, or inform customers about the recall. A lawyer can help you explore this option.

How do I know if I consumed recalled oysters?

If you ate raw or undercooked oysters in Southern California between February and March 2025, especially at restaurants in Los Angeles, Orange, Santa Barbara, or San Diego counties, you may have been exposed to the recalled product. Ask the restaurant or retailer for information about their oyster supply sources.

How soon after eating contaminated oysters do symptoms appear?

Norovirus symptoms typically appear within 12-48 hours after consuming contaminated food. These symptoms usually last 1-3 days but can be severe enough to require hospitalization in some cases.

How much does it cost to hire a lawyer for an oyster recall lawsuit?

Our firm operates on a contingency fee basis, meaning you pay nothing upfront and only owe attorney fees if we secure compensation for you. The consultation is free, and there are no costs unless we win your case.

Can I join a class action lawsuit for the oyster recall?

While individual claims are currently being evaluated, class action litigation may develop as more cases are identified. Our attorneys can advise you on the best approach for your specific situation based on the severity of your illness and damages.

Do I Have an Oyster Recall Lawsuit?

The Food Poisoning Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in oyster recall lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.

Free Case Evaluation: Again, if you got sick after eating recalled oyster products, you should contact our law firm immediately. You may be entitled to a settlement by filing a lawsuit and we can help.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for illnesses related to contaminated oysters. Most states only allow 1-3 years from the date of injury to file a claim, and valuable evidence may be lost with delay. The sooner you contact our legal team, the stronger your case may be.

Schmidt & Clark offers:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees of any kind
• Payment only if we win compensation for you
• Experienced food safety litigation attorneys

References

1. https://www.fda.gov/food/alerts-advisories-safety-information/fda-advises-restaurants-and-retailers-not-serve-or-sell-and-consumers-not-eat-certain-frozen-half
2. https://source86.com/sea-win-recalls-frozen-half-shell-oysters-due-to-norovirus-contamination/
3. https://www.cdph.ca.gov/Programs/OPA/Pages/NR19-010.aspx