On April 2, 2019, the Court granted approval of the Settlement.
How much will claimants be paid?
Settlement checks in the amount of $255.72 were mailed on May 23, 2019 to approved claimants. The amount of each check was calculated as a pro rata share of the aggregate class fund of $246,000.00.
Who receives a check for $1,000?
There are four Named Plaintiffs: Iafreedre McClain, Montrell Davis, E.P. and S.F. The Named Plaintiffs are named in the lawsuit and represented the Class during the litigation. The four Named Plaintiffs, and ONLY these four persons, are receiving $1,000.00 in compensation paid by the Defendant as approved by the Court.
What Is this case about?
If you were potentially exposed to the Hepatitis A Virus (“HAV”) at the Hardee’s Restaurant located at 2604 Little Rock Road, Charlotte, North Carolina (“Charlotte Hardee’s), between June 13 and June 23, 2018, and as a result you obtained preventative medical treatment, a Class Action Settlement may affect your rights.
Qualified Class Members can make a claim for a share of $246,000.00 if they submit a claim by FEBRUARY 28, 2019.
This lawsuit asserts class claims for breach of warranties and negligence to recover damages for physical injury and economic loss arising from obtaining immune globulin (“IG”), blood tests, and/or Hepatitis A (“HAV”) vaccinations in response to the North Carolina Department of Health and Human Services (“DOH”) alert for potential exposure to HAV by consuming food or drink from the Charlotte Hardee’s between June 13, 2018, and June 23, 2018 (“Potential Exposure Period”).
Who Is Included in the Settlement?
The “Class” includes all individuals who were (a) potentially exposed to HAV at the Charlotte Hardee’s, between June 13, 2018, and June 23, 2018, and (b) who, as a result of such potential exposure to HAV, obtained preventive medical treatment, including the administration of IG, HAV vaccine shots, or blood tests within 14 days after their exposure, and in no event any later than July 7, 2018.
Excluded from the Class are (1) all persons, if any, who developed HAV infections as a result of consuming food or beverage at the Charlotte Hardee’s during the Potential Exposure Period, (2) anyone receiving their first IG shot, HAV vaccine, or blood test after July 7, 2018, and (3) employees at the Charlotte Hardee’s during the Potential Exposure Period.
What Does the Settlement Provide?
Each Claimant will receive as general damages a pro-rata share of the aggregate class amount of $246,000.00 (“General Damages Fund”). In addition, the Named Plaintiffs will each receive $1,000.00 in compensation to be paid by the Defendant.
Who Pays the Class Counsel and Administrative Costs?
provides for the Defendant to pay Class Counsel’s fees and costs which will be
capped at the lesser of (a) 25% of the amount paid to the Class for general damages,
or (b) $61,500. Up to $25,000 in fees and charges for Settlement administration
will be paid by the Defendant. These amounts will not diminish the amount to be
paid to members of the Class.?