The FDA is alerting consumers to possible hepatitis A contamination of Bauer’s Candies Modjeskas, an individually wrapped marshmallow candy dipped in chocolate or caramel. We are advising consumers not to eat and to throw away any Bauer’s Candies Chocolate or Caramel Modjeskas, purchased after November 14, 2018 because a worker in the facility tested positive for hepatitis A.

Bauer’s Candies’ Modjeskas

These products are available at retail locations and can also be purchased through QVC and BauersCandy.com. We are currently working with Bauer’s Candies, located in Kentucky, on a voluntary recall of affected products. This posting will be updated with recall and retail information as it becomes available.

At this time, the FDA and the Centers for Disease Control and Prevention (CDC) are not aware of any cases of hepatitis A related to consumption of these candies. Hepatitis A can have a long incubation period and can have serious health consequences for some people, especially those with other health problems. Although the risk of hepatitis A transmission from the candy is low, FDA recommends that consumers who ate candies purchased after November 14, 2018 and have not been vaccinated for hepatitis A consult with their healthcare professional to determine whether post exposure prophylaxis (PEP) is indicated. PEP may be recommended for unvaccinated people who have been exposed to hepatitis A virus (HAV) in the last 2 weeks; those with evidence of previous hepatitis A vaccination do not require PEP.

Hepatitis A is a contagious liver disease that results from infection with HAV. When symptoms occur, they can range in severity from a mild illness lasting a few weeks to a severe illness lasting several months. Hepatitis A is usually spread when a person ingests fecal matter — even in microscopic amounts — from an infected person; this can happen when an infected person prepares food without appropriate hand hygiene, even before that person shows symptoms of illness.

People infected with HAV may not have symptoms until 15 to 50 days after exposure. Symptoms may include fever, headache, fatigue, loss of appetite, nausea, vomiting, diarrhea, abdominal pain, yellowing of the skin or eyes (known as jaundice), dark urine, and pale stool. Young children may not show symptoms of HAV infection.

The FDA is recommending that anyone who ate Bauer’s Candies Chocolate or Caramel Modjeskas purchased after November 14, 2018, consult with their healthcare provider to determine whether PEP is indicated. Consumers and retailers should throw away and not consume any chocolate or caramel Modjeskas purchased after November 14, 2018.

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A and other foodborne illness outbreaks and have recovered over $650 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food.  The law firm has brought Hepatitis A lawsuits against such companies as Costco, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr.  We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

If you or a family member became ill with a Hepatitis A infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Hepatitis A attorneys for a free case evaluation.

High priority groups for getting the hep A vaccine include:

  • Anyone who has had close contact with someone who has hep A
  • Food workers
  • People who use drugs, whether injected or not
  • People experiencing homelessness, transient, or unstable housing
  • People who have been recently incarcerated

See also, Hepatitis A cases in the U.S. have tripled this year, as our nation’s public health infrastructure continues to rot. https://www.huffingtonpost.com/entry/hepatitis-a-outbreak-america_us_5c0ecf0fe4b06484c9fd9d0c?ncid=engmodushpmg00000004

Tennessee

Metro Public Health Department officials confirmed today that an employee working at the Outback Steakhouse Restaurant Rivergate, located at 1560 Gallatin Pike N, Madison 37115, has been diagnosed with acute hepatitis A.  The restaurant employee worked at the restaurant while symptomatic December 22-24, 2018.

The Metro Public Health Department will open a special clinic to offer free Hepatitis A vaccine at the Lentz Public Health Center (2500 Charlotte Ave.) on the following dates and times to those who dined at that location on December 22nd-24th.  The potential exposure occurred only at Outback Steakhouse Restaurant’s Rivergate location.  Individuals who dined at the restaurant on those dates have until January 7th to be vaccinated.

Hepatitis A Vaccination Clinic
Lentz Public Health Center
2500 Charlotte Avenue
Nashville, Tennessee

  • January 3rd:  8:00 a.m. – 4:30 p.m.
  • January 4th:  8:00 a.m. – 4:30 p.m.
  • January 5th:  10:00 a.m. – 2:00 p.m.
  • January 7th:  8:00 a.m. – 4:30 p.m.

Symptoms of hepatitis A are fatigue, decreased appetite, stomach pain, nausea, darkened urine, pale stools and jaundice (yellowing of the skin and eyes). People can become ill 15 to 50 days after being exposed to the virus. Anyone experiencing symptoms should seek medical attention.

Metro Public Health Department officials have confirmed 161 cases of hepatitis A have been reported in Nashville since December 2017.

The Health Department continues to lead a hepatitis A vaccine campaign, along with community partners and the Tennessee Department of Health.  The Health Department and our community partners have vaccinated nearly 9,000 people in Nashville since the outbreak was announced in late May. The total vaccinated does not include vaccine given by private providers.

Arkansas

Northeast Arkansas continues to have a hepatitis A (hep A) outbreak, and the ADH is warning of a possible hep A exposure after an employee of On the Border Mexican Grill & Cantina in Jonesboro tested positive for the virus.

Anyone who ate at the On the Border restaurant at 2324 Red Wolf Blvd, Jonesboro, AR 72401 between Dec. 13 to Dec. 27 should seek vaccination immediately if they have never been vaccinated against hep A or are unsure of their vaccination status. There are no specific treatments once a person gets hep A. Illness can be prevented even after exposure by getting the vaccine or medicine called immune globulin. This medicine contains antibodies to hep A and works best if given within two weeks of exposure to the virus. Hep A vaccination can still prevent the virus after exposure.

The ADH will host two vaccine clinics, the first on Jan. 4 from 8 a.m. to 5 p.m. at the Craighead County Health Unit at 611 E Washington Ave, Jonesboro, AR 72401, and the second on Jan. 5 from 9 a.m. to 2 p.m., also at the Craighead County Health Unit. The vaccine will be provided to the public at no cost. People should bring their insurance card and driver’s license if they have one. Those who are unable to attend the clinics listed above because they are in another county but ate at the restaurant during the time period may be able to visit a Local Health Unit in their counties. Those visiting Local Health Units in other counties should call ahead to ensure vaccine is available. Local Health Unit listing can be found at https://www.healthy.arkansas.gov/health-units.

Since February, 237 cases of hep A have been reported as part of an outbreak in Northeast Arkansas, including two deaths. Greene, Craighead, and Clay counties have had the most cases, although there have been cases in Arkansas, Cleburne, Cross, Independence, Jackson, Lawrence, Lee, Logan, Mississippi, Monroe, Phillips, Poinsett, Randolph, Sharp and White counties.

As I have said before:

Hardly a month passes without a warning from a health department somewhere that an infected food handler is the source of yet another potential hepatitis A outbreak. Absent vaccinations of food handlers, combined with an effective and rigorous hand-washing policy, there will continue to be more hepatitis A outbreaks. It is time for health departments across the country to require vaccinations of food-service workers, especially those who serve the very young and the elderly.

Hepatitis A is a communicable disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Hepatitis A is the only foodborne illness that is vaccine-preventable. According to the U.S. Centers for Disease Control and Prevention (CDC), since the inception of the vaccine, rates of infection have declined 92 percent.

CDC estimate that 83,000 cases of hepatitis A occur in the United States every year, and that many of these cases are related to food-borne transmission. In 1999, more than 10,000 people were hospitalized due to hepatitis A infections, and 83 people died. In 2003, 650 people became sickened, four died, and nearly 10,000 people got IG (immunoglobulin) shots after eating at a Pennsylvania restaurant. Not only do customers get sick, but also businesses lose customers or some simply go out of business.

Although CDC has not yet called for mandatory vaccination of food-service workers, it has repeatedly pointed out that the consumption of worker-contaminated food is a major cause of foodborne illness in the U.S.

Hepatitis A continues to be one of the most frequently reported, vaccine-preventable diseases in the U.S., despite FDA approval of hepatitis A vaccine in 1995. Widespread vaccination of appropriate susceptible populations would substantially lower disease incidence and potentially eliminate indigenous transmission of hepatitis A infections. Vaccinations cost about $50. The major economic reason that these preventive shots have not been used is because of the high turnover rate of food-service employees. Eating out becomes a whole lot less of a gamble if all food-service workers faced the same requirement.

According to CDC, the costs associated with hepatitis A are substantial. Between 11 percent and 22 percent of persons who have hepatitis A are hospitalized. Adults who become ill lose an average of 27 days of work. Health departments incur substantial costs in providing post-exposure prophylaxis to an average of 11 contacts per case. Average costs (direct and indirect) of hepatitis A range from $1,817 to $2,459 per case for adults and from $433 to $1,492 per case for children younger than 18. In 1989, the estimated annual direct and indirect costs of hepatitis A in the U.S. were more than $200 million, equivalent to more than $300 million in 1997 dollars.  A new CDC report shows that, in 2010, slightly more than 10 percent of people between the ages of 19 and 49 got a hepatitis A shot.

Vaccinating an employee make sense.  It is moral to protect customers from an illness that can cause serious illness and death. Vaccines also protect the business from the multi-million-dollar fallout that can come if people become ill or if thousands are forced to stand in line to be vaccinated to prevent a more serious problem.

WATERLOO, New York – A settlement of $250,000 has been reached in the class action lawsuit against the McDonald’s Restaurant located at 2500 Mound Road, Waterloo, NY. The lawsuit was filed on behalf of those exposed to Hepatitis A after eating at the restaurant. The class is represented by Marler Clark, the food safety law firm and Underberg & Kessler a respected local firm.

The class is defined as follows:

All individuals who were (1) consumed food or drink products between October 31, 2015 and November 8, 2015 (the “Class Period”) purchased from the McDonald’s located at 2500 Mound Road, Waterloo, NY 13165 (the “Restaurant”); (2) subsequently obtained an HAV blood test, an immune globulin (IG) or Hepatitis A virus (HAV) vaccine within 14 days of consuming food or drink products purchased from the Restaurant during the class period; and (3) did not afterwards become infected with the Hepatitis A virus. Persons employed at the Restaurant during the Class Period are excluded from the Class.

Class members are required to submit at claim form to receive settlement money. A detailed notice of settlement and claim form will be sent by mail to each class member. Additionally, members can obtain claim forms and other information at the website www.WaterlooHepA.com.

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A and other foodborne illness outbreaks and have recovered over $600 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food.  The law firm has brought Hepatitis A lawsuits against such companies as Costco, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr.  We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

If you or a family member became ill with a Hepatitis A infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Hepatitis A attorneys for a free case evaluation.

HONOLULU, Hawaii – In October a preliminary settlement of $4,500,000 was reached on behalf of those exposed to Hepatitis A in correlation to Genki Sushi Restaurants. The court has extended the deadline for class members to submit a claim form to February 15, 2019. The class is represented by Marler Clark, the food safety law firm, Perkin and Faria, and Starn, O’Toole, Marcus, and Fisher, respected Hawaii firms.

Genki-Stipulation for Order to Amend Proposed Notice Plan filed 12.11.18

Genki-Order Approving Stipulation to Amend Proposed Notice Plan filed 12.11.18

Class members will be emailed and mailed a notice of settlement. Claim forms are also available at https://hawaiihepa.com or by calling 1-800-532-9250.

The class is defined as follows:

All persons who: (1) as a result of the 2016 Hepatitis A Outbreak infections linked to consuming food at thirteen 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 (2) 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:

(1) individuals who had direct contact with one of the 292 people identified by the Hawaii Department of Health as infected with the Hepatitis A virus (HAV).

(2) individuals who were exposed to HAV between August 1 and August 16 as a result of consuming food at one of the Genki Sushi restaurants implicated in the 2016 outbreak.

(3) individuals who ate at secondary restaurants reported by the Hawaiian Department of Health where infected Genki Sushi customers were employed.

Qualified claimants will be entitled to compensation as follows:

  • $350.00 for each member of Subclass 1.
  • $250.00 for each member of Subclass 2.
  • $150.00 for each member of Subclass 3.

The final hearing for approval of the class settlement is now March 6, 2019.

Marler Clark, The Food Safety Law Firm, is the nation’s food safety law firm representing victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A and other foodborne illness outbreaks and have recovered over $650 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food. The law firm has brought Hepatitis A lawsuits against such companies as Costco, Chi-Chi’s, Chipotle, Olive Garden, Taco Bell, Townsend Farms, Tropical Smoothie, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr.  We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

On August 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 identified to be Sea Port Bay Scallops (Wild Harvest, Raw Frozen) that originated in the Philippines (states “Product of the Philippines” on the box) and were distributed by Koha Oriental Foods.

As a result, HDOH ordered this product embargoed (not to be sold, purchased, or consumed) throughout the state, and the temporary closure of all Genki Sushi restaurants on Oahu and Kauai.

As of November 30, 2016, HDOH has identified 292 cases of hepatitis A. Seventy-four have required hospitalization. Findings of the investigation suggest that the source of the outbreak is focused on Oahu. Eleven individuals are residents of the islands of Hawaii, Kauai, or Maui, and seven visitors have returned to the mainland or overseas. Onset of illness has ranged between June 12, 2016 and October 9, 2016.

The FDA and CDC are supporting the HDOH in the investigation of hepatitis A virus (HAV) infections linked to scallops supplied by Sea Port Products Corp. On August 17, 2016, the FDA, HDOH, CDC, and state partners informed Sea Port Products Corp. that epidemiological, laboratory, and traceback information indicated that their scallops are the likely source of illnesses. On August 18, 2016, Sea Port Products Corp. initiated a voluntary recall of three lots of frozen Bay Scallops produced on November 23 and 24, 2015. The lot numbers for the recalled scallops are 5885, 5886, and 5887. The products were distributed to California, Hawaii, and Nevada. According to Sea Port Products Corp., the recalled products are not intended for retail sale. The FDA is working with the recalling firm to ensure their recall is effective and that recalled product is removed from the market.

The FDA’s traceback investigation involved working with HDOH to trace the path of food eaten by those made ill back to a common source. The traceback investigation determined that Sea Port Products Corp. imported the scallops that were later supplied to certain Genki Sushi locations in Hawaii, where ill people reported eating.

On August 17, 2016, FDA laboratory analysis of two scallop samples, which were collected on August 11, 2016, were confirmed positive for hepatitis A. These samples were imported by Sea Port Products Corp. and were produced on November 23 and 24, 2015.

Hepatitis A:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A and other foodborne illness outbreaks and have recovered over $650 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food.  The law firm has brought Hepatitis A lawsuits against such companies as Costco, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr. We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

If you or a family member became ill with a Hepatitis A infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Hepatitis A attorneys for a free case evaluation.

Marler Clark has represented over 50 of those sickened.

Beginning in September 2016, several states, CDC, and the FDA investigated a multistate outbreak of foodborne hepatitis A. Epidemiologic and traceback evidence indicate that frozen strawberries imported from Egypt are the likely source of this outbreak. Although no discovery has been done to date to confirm how the Egyptian strawberries made it to consumers, we have learned that Tropical Smoothie had a bulk purchasing agreement with Patagonia. Patagonia bought from VLM Canada. It is also our understanding that VLM Canada bought from ICAPP and that VLM USA was the importer. It appears that the strawberries entered the US in Norfolk into VLM USA’s possession and then were transferred to Preferred Freezers Storage, Inc. in Chesapeake into Patagonia’s possession. From there, ITI picked up the berries and delivered them to either Sysco Hampton Roads or Sysco VA. Sysco delivered them to Tropical Smoothie franchisees.

Nearly all ill people interviewed reported drinking smoothies containing strawberries at Tropical Smoothie Café locations prior to August 8, in a limited geographical area, including Maryland, North Carolina, Virginia, and West Virginia, but there have been a small number of cases outside of that geographic area with no Tropical Smoothie Café exposure.

In total, 134 people with hepatitis A have been reported from nine states: Arkansas (1), California (1), Maryland (12), New York (3), North Carolina (1), Oregon (1), Virginia (107), West Virginia (7), and Wisconsin (1). Of these cases, 129 people reported eating a smoothie containing strawberries from Tropical Smoothie Café and 5 cases reported having no exposure to Tropical Smoothie Café. There have been no cases reporting illness from this same exposure since September 23, 2016. The latest illness onset date among these cases was October 1, 2016. The investigation into these cases is ongoing. Of the 134 cases, 52 ill people have been hospitalized and no deaths have been reported.

FDA traceback information indicated that the frozen strawberries served in the Tropical Smoothie Café locations were from the International Company for Agricultural Production & Processing (ICAPP), imported from Egypt. On August 8, 2016, Tropical Smoothie Café reported that they removed the Egyptian frozen strawberries from their restaurants in Maryland, North Carolina, Virginia, and West Virginia and switched to another supplier out of an abundance of caution. Information available at this time does not indicate an ongoing risk of hepatitis A virus infection at Tropical Smoothie Cafes.

On October 30, 2016, the International Company for Agricultural Production & Processing (ICAPP) recalled all of its frozen strawberries that were imported into the U.S. since January 1, 2016. The recalled products were distributed for sale to and use in food service establishments nationwide. The FDA reports that hepatitis A virus contamination was found in four samples of ICAPP frozen strawberries.

Hepatitis A:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A and other foodborne illness outbreaks and have recovered over $650 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food.  The law firm has brought Hepatitis A lawsuits against such companies as Costco, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr. We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

If you or a family member became ill with a Hepatitis A infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Hepatitis A attorneys for a free case evaluation

A preliminary settlement of up to $4,500,000.00 has been reached in a class action lawsuit filed on behalf of those who were exposed to hepatitis A related to eating at Genki Sushi restaurants in Hawaii in 2016, but who did not become ill with hepatitis A. The class is represented by Seattle based, Marler Clark, the nation’s food safety law firm, Perkin and Faria, and Starn, O’Toole, Marcus, and Fisher, respected Hawaii firms.  See www.HawaiiHepA.com 

Genki-Stipulation for Order Stipulating Class filed 10.12.18

Genki-Order Approving Stipulation for Class Certification filed 10.12.18

Qualified class members are entitled to receive up to either $350, $250, or $150 by submitting a claim form available at www.HawaiiHepA.comor by calling 1-800-532-9250.

The hepatitis A outbreak:

On August 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 identified to be Sea Port Bay Scallops that originated in the Philippines and were distributed by Koha Oriental Foods.

The class is defined as follows:

All persons who: (1) as a result of the 2016 Hepatitis A Outbreak infections linked to consuming food at thirteen 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 (2) 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’i Department of Health identified as infected with HAV as part of the 2016 Hepatitis A Outbreak. A contact is defined as:

  • 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, Kapoelei, 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.

Key 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 pertaining to the Settlement.

Beginning on or promptly after October 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, Hawai’i, 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.

A Final Approval Hearing shall be held on December 11, 2018 in the Circuit Court of the First Circuit, Hawaiii, before the Honorable Judge James H. Ashford for the purpose of determining: (a) whether the proposed settlement is fair, reasonable, and adequate and should be finally approved by the Court; and (b) whether to issue a final judgment order.

Marler Clark, The Food Safety Law Firm, is the nation’s food safety law firmrepresenting victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A and other foodborne illness outbreaks and have recovered over $650 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food.  The law firm has brought Hepatitis A lawsuits against such companies as Costco, Chi-Chi’s, Chipotle, Olive Garden, Taco Bell, Townsend Farms, Tropical Smoothie, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr.  We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

For press contact:  Lauren Fricke – lfricke@marlerclark.com.

A preliminary settlement of up to $4,500,000.00 has been reached in a class action lawsuit filed on behalf of those who were exposed to hepatitis A related to eating at Genki Sushi restaurants in Hawaii in 2016, but who did not become ill with hepatitis A.

Qualified class members are entitled to receive up to either $350, $250, or $150 by submitting a claim form available at www.HawaiiHepA.com or by calling 1-800-532-9250.

 

THE DEADLINE TO FILE A CLAIM IS

NOVEMBER 29, 2018

 

ARE YOU ELIGIBLE TO PARTICIPATE?

In order to be eligible to participate in this settlement, you must fall within one of the three Subclasses summarized below.  The complete definition of the class and each subclass can be reviewed at www.HawaiiHepA.com.

HOW DO I FILL OUT THE CLAIM FORM?

If you are an eligible Subclass member (see below for description of each subclass), download the claim form available at: https://hawaiihepa.com/documents/HepA-Hawaii-ClaimForm.pdf.

Step 1:  Fill out the Contact Information.  Submit a new form for each person making a claim.

Step 2:  Select which subclass you are in (only check one).  Fill out the requested information associated with the subclass you are in.

Step 3:  Fill in the treatment information.  If the treatment was paid for insurance, please provide the information for the insurer.  No backup documentation is required.

If you did NOT use insurance, you MUST provide supporting documentation (e.g., receipt, documents from provider/physician, etc.).    

Step 4:  Sign the declaration and return the form via mail or email.  The deadline to submit a claim form is November 29, 2018. Forms received after that date will not be be processed.    

MAIL: Hawai’i Hep-A Claims c/o The Notice Company P.O. Box 455 Hingham, MA 02043

Fax: 808-748-0584

EMAIL: claims@HawaiiHepA.com

WHAT ARE THE SUBCLASSES?

Subclass 1 – up to $350: All Class Members who were in “contact” with one of the 292 persons who the Hawai’i Department of Health identified as infected with HAV as part of the 2016 Hepatitis A Outbreak.

A “contact” is defined as:

  • 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

Subclass 2 – up to $250:  Subclass 3 members are those individuals who:

  • ate at any of the Genki Sushi locations identified below on or between August 1 to August 16, 2016; and
  • received preventative medical treatment, such as receiving immune globulin, HAV vaccine, or blood test within fourteen days of eating at one of the Genki locations below.

KAUAI:

  • 3-2600 Kaumaulii Hwy, Kauai, HI 96766

OAHU:

  • 820 West Hind Drive, # 102, Honolulu, HI 96821
  • 1450 Ala Moana Blvd #2096, Honolulu, HI 96814
  • 91-1401 Fort Weaver Rd. D-102, Ewa Beach, HI 96706
  • 45-480 Kaneohe Bay Drive, Kaneohe, HI 96744
  • 888 Kapahulu Ave, Honolulu, HI 96816
  • 4450 Kapolei Parkway, Kapolei, HI 96707
  • 98-1005 Moanalua Road, Ste. 801, Aiea, HI 96701
  • 94-799 Lumiaina St., Waipahu, HI 96797
  • 98-430 Kamehameha Hwy, Pearl City, HI 96782
  • 1200 Ala Moana Blvd, Honolulu, HI 96814

MAUI:

  • 70 E. Kaahumanu Ave, Kahului, HI 96732
  • 435 Keawe St., Lahaina, HI 96761

Subclass 3 – up to $150:  Subclass 3 members are those individuals who:

  • consumed food or drink from any of the following establishments on the specific dates identified below; and
  • received preventative medical treatment, such as receiving immune globulin, HAV vaccine, or blood test within fourteen days of eating at one of the establishments below.

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, Kapoelei, HI 96707:

  • July 20, 21, 22, 23, 25, 26, 27, 2016;

Twelve Hawaiian Airlines Flights

  • Flight 118 on July 24, 2016;
  • Flight 117 on July 24, 2016;
  • Flight 382 on July 24, 2016;
  • Flight 383 on July 24, 2016;
  • Flight 396 on July 24, 2016;
  • Flight 365 on July 24, 2016;
  • Flight 273 on July 25, 2016;
  • Flight 68 on July 25, 2016;
  • Flight 65 on July 25, 2016;
  • Flight 147 on July 26, 2016;
  • Flight 18 on August 10, 2016;
  • 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:

  • 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 at 1133 North Nimitz Hwy, Honolulu, HI 96817:

  • August 30-31 and September 1- 12, 2016;

Ohana Seafood at Sam’s Club at 1000 Kamehameha Hwy., Pearl City, HI 96782:

  • September 1- 11, 2016;

Chart House Restaurant located at 1765 Ala Moana Blvd, 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.

THE DEADLINE TO FILE A CLAIM IS

NOVEMBER 29, 2018

Hepatitis A:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A and other foodborne illness outbreaks and have recovered over $650 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food.  The law firm has brought Hepatitis A lawsuits against such companies as Costco, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr. We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

If you or a family member became ill with a Hepatitis Ainfection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Hepatitis A attorneys for a free case evaluation.

HONOLULU, Hawaii – A preliminary settlement of up to $4,500,000.00 has been reached in a class action lawsuit filed on behalf of those who were exposed to hepatitis A related to eating at Genki Sushi restaurants in Hawaii in 2016, but who did not become ill with hepatitis A. The class is represented by Seattle based, Marler Clark, the nation’s food safety law firm, Perkin and Faria, and Starn, O’Toole, Marcus, and Fisher, respected Hawaii firms.  See www.HawaiiHepA.com 

Genki-Stipulation for Order Stipulating Class filed 10.12.18

Genki-Order Approving Stipulation for Class Certification filed 10.12.18

Qualified class members are entitled to receive up to either $350, $250, or $150 by submitting a claim form available at www.HawaiiHepA.comor by calling 1-800-532-9250.

The hepatitis A outbreak:

On August 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 identified to be Sea Port Bay Scallops that originated in the Philippines and were distributed by Koha Oriental Foods.

The class is defined as follows:

All persons who: (1) as a result of the 2016 Hepatitis A Outbreak infections linked to consuming food at thirteen 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 (2) 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’i Department of Health identified as infected with HAV as part of the 2016 Hepatitis A Outbreak. A contact is defined as:

  • 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, Kapoelei, 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.

Key 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 pertaining to the Settlement.

Beginning on or promptly after October 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, Hawai’i, 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.

A Final Approval Hearing shall be held on December 11, 2018 in the Circuit Court of the First Circuit, Hawaiii, before the Honorable Judge James H. Ashford for the purpose of determining: (a) whether the proposed settlement is fair, reasonable, and adequate and should be finally approved by the Court; and (b) whether to issue a final judgment order.

Marler Clark, The Food Safety Law Firm, is the nation’s food safety law firmrepresenting victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A and other foodborne illness outbreaks and have recovered over $650 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food.  The law firm has brought Hepatitis A lawsuits against such companies as Costco, Chi-Chi’s, Chipotle, Olive Garden, Taco Bell, Townsend Farms, Tropical Smoothie, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr.  We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

For press contact:  Lauren Fricke – lfricke@marlerclark.com.

A restaurant in Erie County, New York, has been linked to 5 different cases of hepatitis A, an official told Fox News on Wednesday.

One case relates to a worker at Doino’s Pizzeria Bar and Grille in Cheektowaga, Erie County Department of Health spokesman Daniel Meyer said. The other four involve customers who “did have some type of food” – either takeout or dine-in – at the venue.

The worker was feeling sick and went to a medical facility before he was diagnosed with Hepatitis A, Meyer said. The man spoke to county officials but didn’t disclose he had the illness, he added.

It wasn’t until later, during a county health department investigation, that officials found out the man worked at the restaurant, Meyer explained.

Doino’s patrons who consumed food there from Aug. 20 to Sept. 3 should “monitor themselves and their families for any symptoms for hepatitis A for the next 50 days,” he recommended. Anyone who shows signs should “seek immediate medical attention.”

Hepatitis A:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Hepatitis A outbreaks. The Hepatitis A lawyers of Marler Clark have represented thousands of victims of Hepatitis A and other foodborne illness outbreaks and have recovered over $650 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Hepatitis A lawyers have litigated Hepatitis A cases stemming from outbreaks traced to a variety of sources, such as green onions, lettuce and restaurant food.  The law firm has brought Hepatitis A lawsuits against such companies as Costco, Subway, McDonald’s, Red Robin, Chipotle, Quiznos and Carl’s Jr. We proudly represented the family of Donald Rockwell, who died after consuming hepatitis A tainted food and Richard Miller, who required a liver transplant after eating food at a Chi-Chi’s restaurant.

If you or a family member became ill with a Hepatitis A infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Hepatitis A attorneys for a free case evaluation.