The plaintiffs, Cody Werkmeister and Sherri Young, acting on behalf of themselves and all those similarly situated, have asserted claims against the defendant Hardee’s Restaurants, LLC.
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.
Who’s Eligible
Class Members of the Hardee’s hepatitis A settlement include consumers who meet the following criteria:
- The individual consumed food or drink between Sept. 4 and Sept. 13, 2015 at the Hardee’s restaurant located in Duncan, or between Sept. 4 and Sept. 15, 2015 at the Hardee’s restaurant located in Lyman, and
- Subsequently obtained a hepatitis A virus vaccine, an immune globulin shot or hepatitis A vaccine blood test within 30 days of consuming food or drink at the Hardee’s restaurant (but obtained the vaccine, shot or blood test no later than Oct. 15, 2015).
Potential Award
To Be Determined. The amount each claimant receives depends on the total number of Class Members who file claims for the Hardee’s settlement. Each claimant will receive a pro rata share of the $500,000 that is available for distribution to Class Members.
Proof of Purchase
Class Members must provide information about their hepatitis A treatment, including the name of the facility at which their treatment was obtained. Claimants must also assert under the penalty of perjury that they consumed food or drink at the Hardee’s restaurant in Duncan or Lyman during the relevant Class Period.
Claim Form Deadline
3/30/2017
Case Name
Werkmeister, et al. v. Hardee’s Restaurants LLC, Case No. 2015-CP-42-3982, in the Court of Common Pleas, Seventh Judicial Circuit, County of Spartanburg, South Carolina
Final Hearing
4/17/2017
Settlement Website
Claims Administrator
The Notice Company
Spartanburg Hep-A Class Action
P.O. Box 455
Hingham, MA 02043
1-800-352-1270
Class Counsel
William D. Marler
MARLER CLARK LLP PS
Defense Counsel
Kenneth W. Ward
TRAMMELL ADKINS & WARD PC
How Class Actions Work
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