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A settlement has been proposed in a class action lawsuit alleging certain employees of Hardee’s restaurants located in South Carolina tested positive for hepatitis A and worked at Hardee’s during their hepatitis A infection.
If you consumed food or drink at the Hardee’s location in Duncan, S.C., or Lyman, S.C. in September 2015, you may be entitled to compensation from the Hardee’s hepatitis A class action settlement.
The South Carolina Department of Health and Environmental Control was reportedly notified about the Hardee’s employees’ hepatitis A infection on Sept. 17, 2015 and subsequently alerted the public about the health risks associated with hepatitis A exposure. The agency recommended all customers who ate food or consumed beverages from the potentially affected Hardee’s restaurants to receive vaccines for potential exposure to hepatitis A.
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.
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
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
UPDATE: The court granted the South Carolina Hardee’s Hepatitis A class action settlement final approval on April 28, 2017. According to the settlement website, claims are currently being audited and it is anticipated checks will be mailed in late June or July 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2 on June 28, 2017: The settlement website has been updated stating that it is anticipated checks will be mailed in July or August 2017.
Settlement Website
www.SpartanburgHepA.com
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
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18 thoughts onSouth Carolina Hardee’s Hepatitis A Class Action Settlement
287.85 n TN 8/11/17
$287.85 in Louisiana :)
Same here in Ohio. $287.85
Are they kidding? It cost more than that to get blood work and vaccination!
Anyone know how much the checks will be? Thanks!
I had sent a email and the Administrator called me Monday Aug 7th saying she didn’t know the amount as of yet bet is certain they will go out on the 15th.
Thanks Tina!
I emailed the Amin today she said the checks went out yesterday but didn’t give an amount. We should be seeing them by the weekend!!!!!
Tina rocks!
Have you heard any new updates as far as dates the checks will go out and amounts?
CASE UPDATE
Selected claims are currently being audited pursuant to Court Order.
The dollar amount of individual settlement checks will not be determined until after the audit process has concluded.
\Checks will be mailed at the conclusion of the audit process. We anticipate that checks will be mailed in July or August, 2017.
CASE UPDATE
(Updated July 31, 2017)
> Settlement Checks will be mailed by August 15, 2017.
I just saw that this update was posted today!
Thanks Tina!
How can they mail checks without people filing out a W-9? I assume checks will be over $600
UPDATE 2 on June 28, 2017: The settlement website has been updated stating that it is anticipated checks will be mailed in July or August 2017.
Thanks for the updates!
UPDATE: The court granted the South Carolina Hardee’s Hepatitis A class action settlement final approval on April 28, 2017. According to the settlement website, claims are currently being audited and it is anticipated checks will be mailed in late June or July 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Update?