A class action over hepatitis A in frozen berries could lead to substantial payouts, according to a national law firm.

Nanna’s frozen mixed berries, Nanna’s frozen raspberries and Creative Gourmet mixed berries are among the Patties Foods products recalled, with 18 people believed to have contracted the disease.

Nieva Connell, a partner at Hunt & Hunt Lawyers, told insuranceNEWS.com.au a class action could be highly lucrative.

“The first law firm to issue the action gets to run it, so it’s a case of first in best dressed,” she said. “Someone just has to have the nerve to go for it.”

She says the berries case could be as big as the Bonsoy soy milk payout.

Bonsoy was recalled just before Christmas 2009 after it was found one glass contained seven times the safe dose of iodine.

Maurice Blackburn launched a class action after consumers developed thyroid complaints, and won a $25 million settlement.

While some law firms are investigating the possibility of a frozen berries action, nobody has taken it to court yet.

Ms Connell says one consideration is whether the impairment threshold for general damages covering pain and suffering will be crossed.

The threshold varies across states, but in Victoria more than 5% of your “whole person” must be permanently injured.

“Actually, that is a very high threshold to reach, and some people with hepatitis A will be treated and just get better,” Ms Connell said.

Patties Foods MD and CEO Steven Chaur says the recalls are a precautionary measure and there are no confirmed test results linking the products, which were imported from China, with the outbreak.

Hepatitis A is a viral disease affecting the liver. Most people make a full recovery but complications, usually in the elderly, can lead to liver failure.