UPDATE: After this story posted, a spokeswoman from the Virginia Department of Health provided additional details about the outbreak. As of the afternoon of Aug. 26, there were 35 confirmed cases of Hepatitis A, with illness onset dates ranging from May 2 through Aug. 18. Because of the long incubation period of 15 to 50 days, additional people are expected to be added to the case count. The number of people sickened in a Hepatitis A outbreak linked to frozen imported strawberries served by Tropical Smoothie Cafe is increasing daily, reaching 28 as of Thursday, but state health officials are not providing any other details. Customers file lawsuits One of the outbreak victims, Constantinos Raptis, who was hospitalized for four days because his symptoms were so severe, has filed a civil case against Tropical Smoothie Cafe. The lawsuit, filed in Loudoun County Circuit Court, seeks $100,000 in damages. Raptis, who has requested a jury trial, is represented by Seattle food safety attorney Bill Marler, founding partner of Marler Clark LLP, and Salvatore Zambri of the Washington D.C. firm Regan Zambri Long PLLC. Also represented by Marler and Zambri is Laura Pyka, a Yorktown resident who also consumed strawberry smoothies from Tropical Smoothie Cafe. Pyka has not developed a Hepatitis A infection. She received a post-exposure vaccination. Pyka’s case seeks reimbursement for the cost of the vaccination, lost wages for the time required to seek medical attention and legal fees. The case seeks class action status for others who received the post-exposure shots. “The class includes all persons who consumed adulterated food or drink, including smoothies with strawberries, during the exposure period in July and August 2016 and who, as a direct and proximate result of such consumption, were exposed to HAV (Hepatitis A virus) and, following the recommendations of public health officials or other medical personnel, obtained vaccination, and any related medical treatment, including blood tests, to prevent HAV infection. The class does not include those who developed HAV infections,” according to Pyka’s civil complaint. Both lawsuits contend that Tropical Smoothie Cafe breached the warranty of the safety of its products and is strictly liable. Hepatitis A is an inflammation of the liver caused by the Hepatitis A virus. Symptoms develop 15-50 days after exposure to the virus, which can occur through direct contact with another person who has the infection or by consuming food or drink that has been contaminated with the virus. Frequent hand-washing with soap and warm water after using the bathroom, changing a diaper, or before preparing food can help prevent the spread of Hepatitis A. For more details, please see “Egypt investigates strawberry link to Hepatitis A cases in U.S.” Editor’s note: Attorney Bill Marler is the publisher of Food Safety News. (To sign up for a free subscription to Food Safety News, click here.)
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