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Genki Sushi USA has agreed to pay $4.5 million to end a class action lawsuit over allegations that the company’s restaurants in Hawaii exposed consumers to hepatitis A.
According to a class action lawsuit filed against the restaurant chain, those who ate at one of 13 Genki Sushi locations in 2016 were potentially exposed to hepatitis A.
Health authorities traced the outbreak to contaminated scallops from the Philippines served at the restaurant in Oahu and Kauai. Reportedly, 292 people contracted the disease as the result of the contamination, and countless others were exposed.
Three sets of Class Members were defined under the terms of the Genki Sushi hepatitis A class action settlement. One set includes consumers who ate at Genki Sushi locations from Aug. 1, 2016 through Aug. 16, 2016.
Another set includes those who ate at “secondary locations” or locations where a Genki Sushi employee who was infected with hepatitis A also worked during certain dates specified in the settlement paperwork.
Those who were in “contact” with one of the 292 people who were diagnosed with hepatitis A due to exposure at a Genki Sushi location are also included in the class action lawsuit. Contact includes the following:
- Household members
- Sexual contact
- Sharing illicit drugs
- Sharing food, beverages or eating implements
- Eating ready-to-eat items prepared by an infected individual
The deadline for Class Members to object to or exclude themselves from the Genki Sushi class action settlement is Nov. 29, 2018.
Who’s Eligible
Class Members include those who were exposed to the hepatitis A outbreak linked to the Oahu, Kauai, and Maui Genki Sushi locations in 2016 through one of three “exposure mechanisms” and did not become infected, but obtained preventative medical treatment, such as receiving immune globulin (IG), HAV vaccine, or blood test within 14 days of exposure.
The “exposure mechanisms” include the following:
- “All Class Members who were in contact with one of the 292 persons who the Hawai’i Department of Health identified as infected with [hepatitis A ‘HAV’] as part of the 2016 Hepatitis A Outbreak.”
- “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 restaurants located on the islands of Oahu, Kauai, and Maui, implicated in the summer 2016 outbreak of HAV.”
- “All Class Members who as a result of consumption of food or drink from one or more of Secondary Establishments, 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.”
Potential Award
$150 – $350 depending on how the exposure occurred.
Proof of Purchase
In addition to a Claim Form, Class Members must provide proof that they received IG, HAV vaccine, or HAV blood tests. Proof can include a signed statement, documentation from a medical provider, or verification by a health insurer.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
11/29/2018
Case Name
In re: Hepatitis A Cases, Civil No. 17-1-HEP (JHA), in the Circuit Court for the First Circuit State of Hawaii
Final Hearing
12/11/2018
Settlement Website
Claims Administrator
Hawai’i Hep-A Settlement
c/o The Notice Company
P.O. Box 455
Hingham, MA 02043
Phone: 1-800-532-9250
Fax: 1-808-748-0584
[email protected]
Class Counsel
Brandee J.K. Faria
PERKIN & FARIA LLLC
Trevor A. Brown
STARN O’TOOLE MARCUS & FISHER
William D. Marler
MARLER CLARK LLP PS
Defense Counsel
Counsel for HNK Inc. d/b/a Koha Foods:
Steven J. T. Chow
Kristie M. Kutaka
Kyleigh F.K. Nakasone
Counsel for Genki Sushi USA Inc.:
Stefan M. Reinke
Leslie R. Kop
Counsel for Seaport Products Corporation:
Calvin E. Young
David Ernst
Kevin H. Kono
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7 thoughts onHawaii Genki Sushi Hepatitis A Class Action Settlement
Need to know status of my claims.
Checks going out on the 10th per the website
What’s the status of this claim?? I haven’t seen any updates.
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