Federal complaint filed by Marler Clark alleges raw oysters sold at the Superior, Colorado Whole Foods, which were sold in 18 other states, sickened her months before any recall

DENVER, Oct. 30, 2026 /PRNewswire/ — Sherry DeCrow and her husband, John Hadar, of Lafayette, Colorado, today filed a lawsuit in the United States District Court for the District of Colorado against Whole Foods Market Rocky Mountain/Southwest, L.P. and The Little Wicomico Oyster Company, LLC of Northumberland County, Virginia. The case, DeCrow v. Whole Foods Market Rocky Mountain/Southwest, L.P., et al., arises from the multistate Salmonella Telelkebir outbreak linked to raw oysters harvested from Virginia’s Little Wicomico River. The plaintiffs are represented by foodborne illness attorneys at Marler Clark. 

According to the complaint, Ms. DeCrow bought a dozen raw Blue Point oysters at the seafood counter of the Whole Foods store at 303 Marshall Road in Superior on June 5, 2026, and ate them that day. Within hours she became violently ill with fever, chills, vomiting, diarrhea, and severe abdominal and joint pain. Her stool culture was positive for Salmonella. More than four months later, she is still testing positive, and her doctors are evaluating her for reactive arthritis and other post-infectious complications. Before her illness, she worked as a hardwood flooring installer.

The complaint also alleges that on two occasions Whole Foods seafood counter employees told Ms. DeCrow raw oysters could be kept and eaten over three to four days.

“Sherry did nothing wrong. She bought oysters from a store she trusted, asked how to handle them safely, and followed the advice she was given,” said William Marler, managing partner of Marler Clark, the food safety law firm representing the couple. “Four months later she is still shedding Salmonella and dealing with joint pain that may stay with her for years.”

On October 19, 2026, the CDC and FDA announced the outbreak, reporting 27 people sick in 12 states, including two in Colorado, with illnesses beginning in late May. The Virginia Department of Health has reported a larger number of 53 people in 18 states. Little Wicomico’s recall covers only oysters harvested from September 18 through October 8, 2026.

“The recall window tells you when the problem was caught, not when it started,” Marler said. “People were getting sick from these oysters in May and June. Those oysters were sold and eaten long before anyone told the public to stop.”

Recalled oysters were distributed to restaurants and retailers in CA, CO, CT, DC, FL, GA, IL, MD, MO, NC, NJ, NV, NY, PA, TX, VA, and may have been further distributed. Five people have been hospitalized with no deaths reported.

“Oysters are filter feeders. If the water is contaminated, the oyster is contaminated, and nothing between the harvest and the consumer kills the bacteria,” Marler added. “Growers, distributors, and retailers who sell raw shellfish need to know where it came from and whether it is safe, and they need to give customers accurate advice. That did not happen here.”

The complaint asserts claims for strict products liability, breach of implied warranty, and negligence, along with a loss of consortium claim by Mr. Hadar.

If you or a loved one believes they have been sickened by the recalled oysters, contact Marler Clark for a free consultation at www.marlerclark.com or 1 (800) 884-9840.

About Marler Clark
Marler Clark, The Food Safety Law Firm, has represented thousands of victims of foodborne illness outbreaks since 1993, including cases involving Salmonella, E. coli, Listeria, and other pathogens.

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SOURCE Marler Clark, The Food Safety Law Firm