The following release was issued today by The Notice Company, Inc.:
A Settlement has been reached in the lawsuit entitled Cody Werkmeister v. Hardee’s Restaurants, LLC, Case No. 2015-CP-42-3982, pending in the Court of Common Pleas in the Seventh Judicial Circuit Court of Spartanburg County, South Carolina, concerning alleged exposure to the Hepatitis A virus.
What is This Case About?
On September 18, 2015, the South Carolina Department of Health and Environmental Control (“Health Department”) announced that customers who ate at two Hardee’s Restaurants in Spartanburg County might have been exposed to the hepatitis A virus (“HAV”). One restaurant location was at 12209 Greenville Highway in Lyman, South Carolina, and the second location was at 1397 East Main Street in Duncan, South Carolina. The Health Department recommended that persons who ate at either the Hardee’s Restaurant in Duncan between September 4 and 13, 2015 or the Hardee’s Restaurant in Lyman between September 4 and 15, 2015, be vaccinated. These time periods are referred to as the “Exposure Period”.
Who is Included in the Settlement?
Included in the Settlement are all persons who:
(1) consumed food or drink between September 4 and September 13, 2015, at the Hardee’s Restaurant located in Duncan, South Carolina, or between September 4 and September 15, 2015, at the Hardee’s Restaurant located in Lyman, South Carolina, and
(2) subsequently obtained a Hepatitis-A Virus (“HAV”) vaccination, an immune globulin (“IG”) shot, or HAV blood test within thirty days after eating at these Hardee’s Restaurant locations, but in no event later than October 15, 2015.
The South Carolina Department of Health and Environmental Control has not provided notice that any persons developed HAV infections after consuming food or drink at these Hardee’s Restaurant locations during these time periods; such persons, if any, are excluded from the class. Employees of Hardee’s Restaurants are also excluded from the class.
What Does the Settlement Provide?
Each member of the Settlement Class who submits a timely, qualified claim will share equally in the aggregate Class Award of $500,000.00.
How Do You Make a Claim?
To make a claim, you must submit a Claim Form so that the Claims Administrator receives it no later than March 30, 2017. If you did not receive a Claim Form in the mail, you can obtain a Claim Form online at www.SpartanburgHepa.com, by calling 1-800-352-1270, or by writing to the Claims Administrator at:
Spartanburg Hep-A Class Action
c/o The Notice Company
P. O. Box 455
Hingham, MA 02043
Who Represents You?
The Court has appointed Marler Clark, LLP, PS, as the Class Counsel. Class Counsel will receive as attorneys’ fees 25% of the amount paid to the entire Settlement Class for general damages, or what is awarded by the Court, whichever is less. The defendant, Hardee’s Restaurants, LLC, will pay the determined Class Counsels’ fees and costs. The Class Award of $500,000.00 will not be reduced by these attorneys’ fees and costs.
What Are Your Options?
Submit a Claim: If you want to participate in the Settlement and receive a portion of the Class Award, you must make a claim as described above.
Exclude Yourself: If you do not want to be legally bound by the Settlement, you must exclude yourself in writing by sending a written request for exclusion to the Claims Administrator so that it is postmarked by March 30, 2017, or you will not be able to sue, or continue to sue, Hardee’s Restaurants, LLC, about the legal claims in this case. An exclusion request must include your name and address, state “I request exclusion from the Hardee’s HEP-A Settlement in Spartanburg County, SC”, be signed by you or your legal representative, and be mailed to:
Spartanburg Hep-A Class Exclusions
c/o The Notice Company
P. O. Box 455
Hingham, MA 02043
If you exclude yourself you may not submit a Claim Form and you will not be entitled to share in the Class Award.
Object: If you stay in the Settlement Class, you may object to the Settlement by filing with the Court, with copies to Class Counsel and to counsel for Hardee’s Restaurants, LLC, a notice of intent to appear and/or object, no later than March 30, 2017.
The Court of Common Pleas of Spartanburg County
180 Magnolia Street
Spartanburg, SC 29306
Class Counsel Address:
William D. Marler, Esquire
MARLER CLARK, L.L.P., P.S.
1012 First Avenue, Fifth Floor
Seattle, WA 98104-1008
Defendant’s Counsel Address:
Kenneth W. Ward, Esq.
TRAMMELL, ADKINS & WARD, P.C.
P.O. Box 51450
Knoxville, TN 37950-1450
The Court of Common Pleas of Spartanburg County will hold a Final Approval Hearing at 10:00 a.m. on Monday, April 17, 2017, at 180 Magnolia Street, Spartanburg, SC 29306. At the hearing, the Court will consider whether the proposed settlement should be granted final approval as fair, adequate, and reasonable, and in the best interests of the Settlement Class as a whole. The Parties will request that the Court enter a Final Approval Order. You may attend this hearing if you wish, but you are not required to do so in order to participate in the Settlement.
This Notice is only a Summary. To obtain a copy of the detailed Notice of Settlement, you may visit www.SpartanburgHepa.com, call 1-800-352-1270 or write to the Claims Administrator at the above address. You may also write to Class Counsel.
PLEASE DO NOT DIRECT QUESTIONS TO THE COURT