Radioactive Shrimp Recall: Are You Eligible for a Lawsuit? Get the Facts

Radioactive Shrimp Recall: Are You Eligible for a Lawsuit? Get the Facts

Did you recently purchase frozen shrimp? You might be wondering about the recent recalls and whether you’re eligible for a lawsuit. In August 2025, the U.S. Food and Drug Administration (FDA) issued warnings and recalls for certain frozen shrimp products due to potential contamination with Cesium-137, a radioactive isotope. This has understandably caused concern among consumers, raising questions about health risks and legal options. If you’ve purchased recalled shrimp, understanding your rights is crucial.

What Happened?

The FDA issued recalls for frozen shrimp, including Great Value brand sold at Walmart, due to the potential presence of Cesium-137. The contamination is believed to have originated from an Indonesian supplier, BMS Foods (also known as PT. Bahari Makmur Sejati), with the FDA investigating the source of the contamination, suspecting it may be linked to a smelting facility or scrap metal disposal near the processing site.

What is Cesium-137?

Cesium-137 (Cs-137) is a man-made radioactive isotope produced by nuclear fission. It doesn’t occur naturally but is a byproduct of nuclear reactors and weapons testing. Trace amounts have spread globally due to past nuclear activities. Inside the body, Cs-137 behaves like potassium, distributing into soft tissues and emitting gamma and beta radiation.

Health Risks Associated with Radioactive Shrimp

While the levels of Cesium-137 detected in the recalled shrimp were below the FDA’s “Derived Intervention Level” of 1200 Bq/kg, any unnecessary exposure to man-made isotopes is a concern. The detected level was around 68 becquerels per kilogram (Bq/kg). For context, a banana, thanks to its natural potassium-40, gives off a similar level of radioactivity per kilogram.

  • Acute Exposure: Exposure to large amounts of cesium-137 can cause severe burns, radiation sickness, nausea, vomiting, fatigue and even death.
  • Long-Term Exposure: Repeated exposure over a long period could increase the risk of cancer due to damage to cells and DNA. The FDA emphasizes minimizing exposure to any radiation, whether from medical X-rays or contaminated food.

Am I Eligible for a Lawsuit?

If you purchased recalled shrimp, you might be eligible to seek compensation through a product liability lawsuit. Factors determining eligibility include:

  • Purchase of Recalled Shrimp: You must have purchased shrimp that was part of the recall. Keep receipts or any proof of purchase.
  • Exposure Concerns: Even without immediate physical symptoms, you may have a claim based on anxiety, stress, or the need for medical testing due to potential exposure.
  • Medical Expenses: If you’ve incurred costs for clinical consultations or medical tests related to the recall, you may be entitled to compensation.
  • Emotional Distress: The uncertainty and altered dietary choices resulting from the recall can cause emotional distress, which may be grounds for a claim.

Several law firms are already investigating potential claims related to the radioactive shrimp recall.

What Kind of Compensation Can I Receive?

If you are successful in a lawsuit, the types of damages you may recover include:

  • Medical Expenses: Compensation for past and future medical bills related to any health issues arising from the contamination.
  • Lost Wages: Reimbursement for lost income due to illness or time spent on medical appointments.
  • Emotional Distress: Compensation for the emotional suffering, anxiety, and inconvenience caused by the incident.
  • Punitive Damages: In some cases, punitive damages may be awarded if the company’s conduct was particularly reckless or negligent.

Steps to Take If You’ve Purchased Recalled Shrimp

  1. Check Your Freezer: Verify if you have any of the recalled shrimp products. Check the brand, lot codes, and best-by dates.
  2. Do Not Consume: Dispose of the recalled shrimp immediately.
  3. Seek Medical Advice: If you are concerned about potential exposure, consult a healthcare provider.
  4. Gather Information: Collect receipts, packaging, and any other relevant information about your purchase.
  5. Contact a Lawyer: Speak with a food poisoning lawyer to discuss your legal options and determine if you have a case.

Legal Considerations

  • Strict Liability: Food poisoning cases often fall under strict liability laws, meaning companies are responsible for injuries caused by contaminated food, even if they weren’t negligent.
  • Negligence: You can also sue a defendant acted negligently in preparing, processing, and or supplying the tainted product that made you sick.
  • Statute of Limitations: Each state has its own statute of limitations for filing food poisoning lawsuits, typically ranging from two to four years. It’s crucial to act quickly to preserve your legal rights.

Finding a Qualified Attorney

Dealing with food poisoning or contamination cases can be complex. An experienced personal injury attorney can help you understand your rights and navigate the legal process. Look for a lawyer with:

  • Experience in food poisoning and product liability cases.
  • A track record of successful case results.
  • Knowledge of food safety regulations and laws.
  • Resources to thoroughly investigate your claim.

Several law firms across the country specialize in food poisoning litigation.

The Role of Regulatory Agencies

Several agencies play a role in ensuring seafood safety:

  • FDA (Food and Drug Administration): Sets and enforces allowable levels of contaminants and pathogens in seafood.
  • EPA (Environmental Protection Agency): Sets pesticide limits in seafood and assists the FDA in identifying chemical contaminants.
  • National Marine Fisheries Service: Operates the Voluntary Seafood Inspection Program.

These agencies work to monitor and regulate the seafood industry to protect consumers from potential health risks.

What to Do Next

The radioactive shrimp recall has raised valid concerns among consumers. If you’ve purchased the recalled product, understanding your legal rights and options is essential. Contacting a qualified attorney can provide clarity and guidance on pursuing a potential lawsuit. Don’t hesitate to seek legal advice to protect your interests and seek compensation for any harm you may have suffered.