Preliminary Settlement Reached in Hardee’s Hepatitis A Class Action Lawsuit

This is a settlement for the Foodborne Illness lawsuit.

- by

Santa Clara, CA: A proposed settlement has been reached in a class action lawsuit brought by consumers who ate at certain Hardee’s restaurants located in South Carolina and who allege they were exposed to Hepatitis A by infected employees at those restaurants.

The settlement affects all persons who 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 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 class action suit was filed by plaintiffs, Cody Werkmeister and Sherri Young, acting on behalf of themselves and all those similarly situated against the Hardee’s Restaurants, LLC.

The complaint states that the South Carolina Department of Health and Environmental Control (SCDHEC) was notified on September 17, 2015, of individuals employed by and working at the defendant’s restaurants, who had tested positive for hepatitis A, and who had worked at the defendant’s restaurants during their hepatitis A infection. SCDHEC alerted the public about the health risks posed by potential exposure to hepatitis A, and recommended that customers and staff who ate food at the defendant’s restaurants between September 4 and September 15 at the Lyman-area restaurant and between September 4 and September 13 and the Duncan-area restaurant—should receive vaccine due to potential exposure to hepatitis A.

SCDHEC held clinics to provide vaccines from September 19 to September 29, 2015. As a result of these clinics, over 4,800 individuals received vaccines for potential exposure to hepatitis A. The plaintiff, on behalf of himself and all those similarly situated, seek to recover compensation from Hardee’s Restaurants, LLC, for all persons who 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 subsequently obtained an HAV vaccination, an 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.

Under the proposed settlement, the proposed General Damages Settlement provides for payment of general damages to each Class member who submits a timely, qualified claim for general damages (“Claimant”). Each Claimant will receive as general damages a pro-rata share of the aggregate class amount of $500,000.00.

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.

If you received this Notice in the mail, you may have been identified as a potential class member pursuant to the Court’s Order, which required the mailing of this notice to persons who received shots from local Health Departments.

Plaintiffs Cody Werkmeister and Sherri Young filed the class action lawsuit against Hardee’s after they were alerted by the SCDHEC that certain employees of Hardee’s tested positive for hepatitis A and worked at the restaurants while they were infected.

No notice has been provided by the SCDHEC that anyone actually developed hepatitis A infections after consuming food or drink at the Hardee’s restaurants; these individuals (if there are any) are excluded from the Class.

Class Members who would like to exclude themselves from or object to the Hardee’s settlement must do so no later than March 30, 2017.

The lawsuit is entitled Werkmeister, et al., v. Hardee’s Restaurants, LLC, CIVIL ACTION No. 2015-CP-42-3982, pending in the Court of Common Pleas, Seventh Judicial Circuit, County of Spartanburg, South Carolina.

Legal Help

If you have a similar problem and would like to be contacted by a lawyer at no cost or obligation, please click here to fill in our form.

Add Your Comment on This Issue

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.

*Your Comment: