Genki Sushi, the source of a hepatitis A outbreak in 2016, has reached a preliminary settlement of up to $4.5 million for people who were secondarily exposed to the virus linked to tainted scallops sold at Hawaii restaurants.
Those who were exposed to the highly contagious virus, which causes liver infection, but did not become sick are entitled to receive up to $350, $250 or $150, according to a news release issued Friday by Marler Clark, a Seattle-based law firm specializing in litigation involving foodborne illnesses.
About a third of the 292 people directly infected were hospitalized, and at least one died from complications that may have been related to the illness. Those people are part of separate confidential settlements paid by Sea Port Products Corp., Koha Oriental Foods and Genki, with payments varying depending on the severity of the illness, said Bill Marler, a partner in the Marler Clark law firm. The Sea Port bay scallops from the Philippines were distributed by Koha Oriental Foods.
In August 2016, the state Department of Health identified raw scallops served at Genki Sushi restaurants as the likely source of a hepatitis A outbreak from June 12, 2016 through Oct. 9, 2016. The company operated 13 restaurants at the time on Oahu, Kauai and Maui.
Under the settlement, people who are eligible to receive up to $350 are those who came into contact with one of the 292 individuals infected with hepatitis A identified by the DOH as part of the outbreak. They include household members, sexual contacts and those sharing illicit drugs, food or utensils with an infected person.
Patrons who consumed food between Aug. 1 and 16, 2016, at a Genki Sushi restaurant on Oahu, Kauai or Maui during the outbreak can claim up to $250. And those who consumed food or drink from a secondary establishment where an infected employee worked during certain time frames may get up to $150.
Secondary establishments include Baskin-Robbins at Waikele Center; Taco Bell in Waipahu; Sushi Shiono in Waikoloa; Chili’s Grill &Bar in Kapolei; 12 Hawaiian Airlines flights; Tamashiro Market; Papa John’s in Waipahu; New Lin Fong Bakery; Hokkaido Ramen Santouka; Kipapa Elementary School; Zippy’s in Kapolei; Harbor Restaurant at Pier 38; Ohana Seafood at Sam’s Club in Pearl City; Chart House; and McDonald’s in Kahala.
Marler said he is expecting at least 10,000 people who got shots within 14 days of exposure to prevent hepatitis A infection to file claims.
A hearing to finalize the class-action settlement is set for Dec. 11 in 1st Circuit Court. Submit a claim, request exclusion or file objections to the settlement by Nov. 29 at HawaiiHepA.com or 800-532-9250.
Correction: An earlier version of this story said the outbreak was in August 2016. The outbreak was from June 12, 2016 through Oct. 9, 2016.