There is a preliminary settlement of up to $4.5 million in the class action lawsuit brought on behalf of people exposed to hepatitis A, but who did not become ill, from eating at Genki Sushi restaurants in Hawaii in 2016.
Seattle-based Marler Clark, the nation’s food safety law firm, and prominent Hawaii firms of Perkin and Faria, and Starn, O’Toole, Marcus, and Fisher represent the class.
Qualified class members are entitled to receive up to $350, $250, or $150 by submitting a claim form available at www.HawaiiHepA.com or by calling 800-532-9250.
The hepatitis A outbreak
On Aug. 15, 2016, the Hawaii Department of Health (HDOH) identified raw scallops served at Genki Sushi restaurants on Oahu and Kauai as a likely source of an ongoing hepatitis A outbreak. The product of concern was determined to be Sea Port Bay Scallops that originated in the Philippines and were distributed by Koha Oriental Foods.
The definition of the class includes all people who:
- as a result of the 2016 Hepatitis A Outbreak infections linked to consuming food at 13 Genki Sushi restaurants located on the islands of Oahu, Kauai, and Maui, were exposed to the hepatitis A virus (“HAV”) through one of three exposure-mechanisms (defined in the Exposure Subclasses), but did not become infected, and
- as a result of such exposure, after learning of the requirement of treatment from an announcement of public health officials or a medical professional, obtained preventative medical treatment within 14 days of exposure, such as receiving immune globulin (“IG”), HAV vaccine, or blood test.
The preliminary settlement covers three subclasses
Exposure Subclass 1 – up to $350: All Class Members who were in contact with one of the 292 persons who the Hawai’ Department of Health identified as infected with HAV as part of the 2016 Hepatitis A Outbreak. A contact includes:
• All household members of one of the 292 persons
• All sexual contacts with one of the 292 persons
• Anyone sharing illicit drugs with one of the 292 persons
• Anyone sharing food or eating or drinking utensils with one of the 292 persons
• Anyone consuming ready-to-eat foods prepared by one of the 292 persons
Exposure Subclass 2 – up to $250: All Class Members who as a result of consuming food on or between August 1 to August 16, 2016, were exposed to HAV at one of the thirteen Genki Sushi restaurants located on the islands of Oahu, Kauai, and Maui, implicated in the summer 2016 outbreak of HAV.
Exposure Subclass 3 – up to $150: All Class Members who as a result of consumption of food or drink from one or more of the Secondary Establishments identified below, where an employee infected as part of the 2016 Hepatitis A Outbreak (one of the 292 persons) was found to have worked on the Identified Dates, were exposed as a result of consuming food or drink at the Secondary Establishment during one or more of the Identified dates.
The Secondary Establishments and Identified Dates are as follows
• Baskin Robbins located at Waikele Center, HI 96797: June 30 and July 1, 2, 2016;
• Taco Bell located at 94-790 Uke’e St., Waipahu, HI 96797: July 1, 3, 4, 6, 7, 11, 2016;
• Sushi Shiono located at 69-201 Waikoloa Beach Drive, Waikoloa, HI 96738: July 12, 13, 14, 15, 18, 19, 20, 21, 2016;
• Chili’s Grill & Bar located at 590 Farrington Hwy, Kapolei, HI 96707: July 20, 21, 22, 23, 25, 26, 27, 2016;
• Twelve Hawaiian Airlines flights (24) flight 118 on July 24; (25) flight 117 on July 24; (26) flight 382 on July 24; (27) flight 383 on July 24; (28) flight 396 on July 24; (29) flight 365 on July 24; (30) flight 273 on July 25; (31) flight 68 on July 25; (32) flight 65 on July 25; (33) flight 147 on July 26;; (36) flight 18 on August 10; and (37) flight 17 on August 12, 2016;
• Tamashiro Market located at 802 N. King St., Honolulu, HI 96817: July 23, 2016;
• Papa John’s located at 94-1012 Waipahu St., Waipahu, HI 96797: August 2, 2016;
• New Lin Fong Bakery located at 1132 Maunakea St., Honolulu, HI 96817: July 27, 29, 30, and August 1, 3, 5, 6, 2016;
• Hokkaido Ramen Santouka, located at 801 Kaheka St., Honolulu, HI 96814: and August 3, 4, 5, 6, 9, 10, 11, 2016;
• Kipapa Elementary School located at 95-76 Kipapa Dr., Mililani, HI 96789: August 10, 11, 12, 13, 14, 15, 16, 2016;
• Zippy’s Restaurant located at 950 Kamokila Blvd., Kapolei, HI 96707: August 14, 18, 19, 21, 23, 25, 26, 2016;
• Harbor Restaurant at Pier 38 located at 1133 North Nimitz Hwy, Honolulu, HI 96817: August 30-31 and September 1- 12, 2016;
• Ohana Seafood at Sam’s Club located at 1000 Kamehameha Hwy., Pearl City, HI 96782: September 1- 11, 2016;
• Chart House Restaurant located at 1765 Ala Moana Boulevard, Honolulu, HI 96815: September 4, 8, 9, 10, 11, 2016; and
• McDonald’s Restaurant located at 4618 Kilauea Avenue, Honolulu, HI 96816: October 5, 7, 11, 2016.
Critical dates for claimants to be aware of:
On October 15, 2018, the Notice Company will establish a website for this Settlement at www.HawaiiHepA.com which will include electronic copies of the Claim form, the Notice of Settlement for publication, the Preliminary Approval Order, and other information about the Settlement.
Settlement for publication, the Preliminary Approval Order, and other information about the Settlement.
Beginning on or promptly after Oct. 15, 2018, the Notice Company shall commence an online or social media campaign, to include Facebook, Instagram, or such other social media as the Notice Company deems appropriate, to disseminate notice of the Settlement
Beginning on or promptly after October 15, 2018, the Notice Company shall cause the Notice of Settlement for publication to be published once a week for two consecutive weeks in the Honolulu Star-Advertiser on Oahu, Hawaii and Maui as a paid legal advertisement
The deadline for Class Members to request exclusion from the Class, to file objections to the Settlement, or to submit a Claim Form, shall be November 29, 2018.
The Circuit Court for Hawaii’s First Circuit, with Judge James H. Ashford presiding, will conduct a final approval hearing on Dec. 11, 2018 to determine (a) whether the proposed settlement is fair, reasonable, and adequate and for final approval by the Court; and (b) whether to issue a final judgment order.
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