Legal Notice

You may have read or received a prior notice regarding this class action settlement. The filing deadline has been extended. You now have until FEBRUARY 15, 2019 to file a claim form. ACT NOW to ensure your claim is timely.

If you were exposed to the Hepatitis A virus (“HAV”) as a result of the 2016 Hepatitis A Outbreak linked to consuming food at thirteen Genki Sushi restaurants located on the islands of Oahu, Kauai, and Maui, and as a result you obtained preventative medical treatment, a Class Action Settlement may affect your rights.

A court ordered this notice. This is not a solicitation from a lawyer.

Qualified Class Members can make a claim for payment of $150, $250, or $350 if they submit a claim by February 15, 2019.

Read the Detailed Notice of Settlement for complete information.

What Is This Case About?

This Notice explains your rights and options in the proposed settlement of the lawsuits entitled Cuehlo, et al., v. HNK, Inc., et. al., Sato v. Genki Sushi USA, Inc. et al., and Ramos v. Genki Sushi USA, Inc. (consolidated as Civil No. 17-1-HEP (Product Liability), pending in the Circuit Court of the First Circuit, State of Hawai’i .  This lawsuit asserts class claims for strict liability and negligence per se to recover damages for physical injury and economic loss arising from obtaining IG immunization shots and HAV vaccinations, in response to an alert by the Hawai’i Department of Health that the Plaintiffs were allegedly exposed to the HAV virus by consuming food from Genki Sushi restaurants, from contact with HAV-infected persons, or from other establishments.

Who Is Included in the Settlement?

The Class includes all persons who:

  1. as a result of the 2016 Hepatitis A Outbreak infections linked to consuming food at thirteen Genki Sushi restaurants located on the islands of Oahu, Kauai, and Maui, were exposed to the hepatitis A virus (“HAV”) through one of three exposure-mechanisms, but did not become infected, and
  2. as a result of such exposure, after learning of the requirement of treatment from an announcement of public health officials or a medical professional, obtained preventative medical treatment, such as receiving immune globulin (“IG”), HAV vaccine, or blood test within 14 days of exposure.

There are three Subclasses associated with the exposure-mechanisms as described here.

What Does the Settlement Provide?

Your award is determined by your Subclass:

  • each member of Subclass 1 will be awarded $350,
  • each member of Subclass 2 will be awarded $250, and
  • each member of Subclass 3 will be awarded $150.

The Aggregate Limit for all claims and payments will not exceed $4,500,000.00 for the entire Class. The Aggregate Limit includes

  • payments to each member of the Subclasses,
  • compensation to each of the Class Representatives,
  • payments to identified insurers in settlement of subrogation liens, and
  • Class Counsel’s fees and costs.

How Do You Receive Payment?

To receive payment, you must submit a Claim Form by FEBRUARY 15, 2019. If you do not submit a complete and timely Claim Form, you will not be entitled to payment.

What Are Your Rights?

If you do nothing, Class Members will be bound by the Court’s decisions.

If you do not want the benefits of the Settlements and, instead, you want to keep your right to sue the Defendants, you must exclude yourself from the Settlement Class by following the directions here. To be valid, exclusion requests must be postmarked on or before FEBRUARY 15, 2019.

If you do not exclude yourself, you may object to the Settlement, or enter an appearance through counsel, by filing an objection with the Court and sending copies to Class Counsel and Defendant’s Counsel. The deadline to file objections or a notice of appearance is FEBRUARY 15, 2019.

When Is the Final Hearing?

The Court will hold a Final Approval Hearing on MARCH 6, 2019, at 8:30 a.m. with the Honorable Judge James H. Ashford at:

Circuit Court of the First Circuit
State of Hawai’i
Ka`ahumanu Hale
777 Punchbowl Street
Honolulu, HI 96813

The Court will consider whether to approve the Settlements and a request for attorneys’ fees. This date may change so please check the website. You or your own lawyer may appear and speak at the hearing at your own expense.