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Recovery loss of profits due to unwarranted recall from the NVWA

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Shortly after the ‘Foppen affair’ (salmonella in salmon), an oyster farmer is notified by the NVWA that salmonella has been found in a sample of his oysters. After the entire batch of oysters has been recalled, with extensive media coverage, the NVWA reports that a mistake was made at the test; the oysters didn’t contain salmonella after all. The Recall Solutions lawyers of Kennedy Van der Laan assist the farmer to recover the loss from the NVWA. The Dutch State is held liable and there are rounds of talks with the NVWA about out-of-court compensation. When they turn out unsuccessful, the State is sued. To substantiate the loss of profits claim, the lawyers have a report drawn up by a registered accountant and a marketing expert on the effects of the media attention on the oyster sales and the farm’s reputation. Eventually, the State agrees to a settlement.