Legal Notice

CASE UPDATE

> The deadline to submit claims has passed.

> 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 late June or July, 2017. Updated information will be posted here.

> If your address has recently changed, please send your new and prior address information to us at hardees@notice.com.


The purpose of this Notice is to inform you that your rights may be affected by the proposed settlement of the lawsuit entitled Werkmeister, et al., v. Hardee’s Restaurants, LLC, CIVIL ACTION No. 2015-CP-42-3982, pending in the Court of Common Pleas, Seventh Judicial Circuit, County of Spartanburg, South Carolina.

What is the lawsuit about?

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

  1. 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
  2. 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.

What are the terms of the settlement?

Under the proposed settlement, the proposed General Damages Settlement provides for payment of general damages to each Class member who submits a timely, qualified claim for general damages (“Claimant”). Each Claimant will receive as general damages a pro-rata share of the aggregate class amount of $500,000.00.

Who is covered by the class?

On January 11, 2017, the Court of Common Pleas, Seventh Judicial Circuit, County of Spartanburg, South Carolina, provisionally certified the following Class for settlement purposes. All persons

  1. 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
  2. subsequently obtained a Hepatitis-A Virus (“HAV”) vaccination, an immune globulin (“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.

The South Carolina Department of Health and Environmental Control has not provided notice that any persons developed HAV infections after consuming food or drink at these Hardee’s Restaurant locations during these time periods; such persons, if any, are excluded from the class. Employees of Hardee’s Restaurants are also excluded from the class.

If you received this Notice in the mail, you may have been identified as a potential class member pursuant to the Court’s Order, which required the mailing of this notice to persons who received shots from local Health Departments.

To Make a Claim: Click Here.

To Exclude Yourself from the Settlement: Click Here.

To Object to the Settlement: Click Here.