Hepatitis Litigation

A resource for Hepatitis Outbreak Legal Cases sponsored by Marler Clark

The Marler Clark hepatitis A lawyers developed this site to keep our clients up-to-date on current litigation being prosecuted by Marler Clark throughout the United States. The site is also a resource for Marler Clark co-counsel in hepatitis A cases, print and broadcast media who are working on stories about hepatitis A outbreaks and outbreak-related lawsuits, and potential clients who are researching Marler Clark in anticipation of filing a hepatitis A claim.

Marler Clark Current Case Updates

Hepatitis A litigation is currently taking place in several states.

  • Bartaco Hepatitis A Outbreak and Litigation

    In October, the Westchester County Department of Health announced a Hepatitis A outbreak linked to Bartaco restaurant in Port Chester New York. In total, four customers and one employee contracted the disease and over 3,000 received preventative treatment from the health department. Marler Clark filed a class action lawsuit on behalf of over 400 people. The “shot class” includes all persons who were exposed to the hepatitis A virus as a direct result of either their consumption of food that was manufactured and sold by Bartaco, or their exposure to persons who were infected with the hepatitis A virus after consuming hepatitis A contaminated food at Bartaco.
    Additionally, Marler Clark represents 3 other individuals who tested positive for Hepatitis A.

  • Genki Sushi Hawaii Hepatitis A Lawsuits

    Marler Clark Hepatitis A Attorneys represent 85 people sickened by Hepatitis A tainted scallops including one person that died. 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.

  • Hardee’s Hepatitis A Class Action Lawsuit

    As of September 23, 2015, The Food Safety Law Firm, Marler Clark LLP, has filed a class action lawsuit against fast-food corporation, Hardee’s Food Systems, LLC. The plaintiff, Cody Werkmeister, a Spartanburg County, South Carolina resident, is a victim of Hepatitis A virus (HAV) exposure after eating at a Hardee’s restaurant in South Carolina. He has filed on behalf of himself, as an individual, and on behalf of all those similarly situated. On September 17, 2015, the South Carolina Department of Health and Environment (SCDHE) was notified that an employee at a Hardee’s location had tested positive for hepatitis A, and had been working at the restaurant during his hepatitis A infection. The SCDHE issued a public health alert notifying previous customers of “exposure periods” – that is, between September 4 and September 15 at the Lyman-area restaurant, and between September 4 and September 13 at the Duncan-area restaurant – in which customers during that time at both locations should receive post-exposure treatment for HAV. As a result, over 3,700 individuals received post-exposure treatment, including plaintiff Cody Werkmeister, who was administered the hepatitis A vaccine on September 21, 2015. However, the potential class members may exceed 4,000. The case recently settled and is awaiting Court approval.

  • Townsend Farms Organic Frozen Berries Hepatitis A Lawsuits

    The Marler Clark attorneys filed 55 lawsuits against Townsend Farms, the company whose Organic Anti-oxidant Blend of frozen berries and pomegranate seeds has been identified as the source of a hepatitis A outbreak among residents of 9 states.  All illness claims have been resolved. The law firm has filed 9 class action lawsuits on behalf of all individuals who had to receive vaccination against hepatitis A to prevent infection or who received testing to determine whether they were infected with hepatitis A.  Those lawsuits have been consolidated in Federal Court in California and a trial is scheduled for Fall 2017.

  • Tropical Smoothie Hepatitis A Litigation

    Marler Clark Hepatitis A Attorneys represent 75 people sickened in this outbreak.  Litigation is proceeding on Virginia state court against Tropical Smoothie and the supply chain.

    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). 52 ill people have been hospitalized. No deaths have been reported.