Starn O'Toole Marcus & Fisher A Law Corporation

Hawaii Hepatitis Class Action Lawsuit


Starn O’Toole Marcus & Fisher in conjunction with Marler Clark is taking clients who were affected by the recent outbreak of Hepatitis A in Hawaii. There are two different groups of individuals that we are seeking to assist:

  • People who received a Hepatitis A shot since April 2016 as a result of the Hepatitis A outbreak in Hawaii; and
  • People who became ill with the Hepatitis A virus since April 2016.

If you are in either of these groups, we may be able to assist you in pursuing a legal claim against those responsible. Starn O’Toole Marcus & Fisher has partnered with the Marler Clark law firm, one of the nation’s leading law firms representing victims of Hepatitis A outbreaks and other foodborne illnesses.

To receive additional information or to further discuss how we may be able to assist, please select one of the two options below and provide the requested information.


Status of the Class Action Case

On August 23, 2016, Starn O’Toole Marcus & Fisher and Marler Clark filed a class action lawsuit against Genki Sushi USA, Inc. and suppliers. The complaint was filed on behalf of individuals that received a Hepatitis A vaccination because of exposure to contaminated food served by Genki Sushi.  A related class action covers individuals who received a Hepatitis A vaccination as a result of secondary exposure from other restaurants and establishments. The Court has ordered a mediation to address potential settlement of the class action claims which is scheduled to occur on August 31, 2018.  Meanwhile, we have filed the first in a series of court documents to move the class action claims forward in the event the mediation is unsuccessful.

Status of Individual Cases

Starn O’Toole Marcus & Fisher with Marler Clark is filing individual lawsuits on behalf of people that were infected with Hepatitis A resulting from exposure to contaminated food served by Genki Sushi.  Over 40 of cases have been successfully resolved to date.  We continue to accept new cases as the process is ongoing.  As a general matter, individuals seeking to make a claim must do so before the later of (a) August 15, 2018 or (b) two years after the date of illness from exposure.  However, each situation is unique, and you should not rely on these dates without first consulting with an attorney.  If you have questions about whether you may be eligible to make a claim, please click on the link above to submit an inquiry to our firm.

Hawaii Department of Heath Release (8/16) Provides the Following Information

Based on evidence gathered and analyzed during an extensive investigation spanning almost two months, the Hawaii State Department of Health has determined a strong association between a majority of the cases in the Hepatitis A outbreak first announced by the department on July 1, 2016. Investigation findings implicate frozen imported scallops served raw at Genki Sushi Restaurants as the likely source of Hepatitis A infection.

"After determining the strong probable link between the majority of cases, the department immediately notified Genki Sushi Restaurants, ordered the embargo of the frozen scallop product, and the closure of all Oahu and Kauai facilities," said Health Director Dr. Virginia Pressler. "The business has complied with all orders, contacted all of their Hawaii restaurants, and is working with the department to ensure the safety of its customers. Our staff is in the field today working with distributors to embargo the product."

Department of Health has ordered the embargo of all frozen scallop products distributed by Koha Oriental Foods and True World Foods in Hawaii. An embargo of products restricts their use, sale or distribution. Because Genki Sushi Restaurants on Oahu and Kauai had received, handled and served the product, the establishments were ordered to close immediately. Koha Oriental Foods had supplied the product to Genki Sushi Restaurants on Oahu and Kauai. The frozen imported scallop product recently began to be distributed also by True World to Genki Sushi restaurants on Maui and Hawaii Island.

What is Hepatitis A?

Hepatitis A is a contagious liver infection caused by the Hepatitis A virus (HAV). The disease can range from a mild illness lasting 1 or 2 weeks to a severe illness lasting for several months. In rare cases the illness can lead to liver failure or death. HAV is found in the stool of people with a Hepatitis A infection and is usually spread by eating contaminated food or drinking water and can be spread through close personal contact. A person who has Hepatitis A can easily pass the disease to others within the same household.

What are the Symptoms of Hepatitis A Infection?

Not everyone has symptoms. If symptoms develop, they can include:

  • Fever
  • Nausea
  • Vomiting
  • Light colored stools
  • Stomach pain
  • Fatigue
  • Loss of appetite
  • Dark urine
  • Joint pain
  • Yellow skin and eyes (Jaundice—may develop several days to a week after other symptoms begin)

Infants and young children with Hepatitis A infection tend to have mild or no symptoms and are less likely to develop jaundice than are older children and adults.

Illness usually occurs from two weeks to as long as 50 days after exposure to the Hepatitis A virus (i.e., consuming the contaminated product).

Medical attention should be sought immediately should symptoms develop.

How Long is a Person with Hepatitis A Contagious?

People with Hepatitis A are most contagious from the 1 to 2 weeks before the symptoms start until at least 1 week after the start of first symptoms.

What is the Treatment for Hepatitis A Infection?

There is no special treatment for persons with Hepatitis A infection. Most persons with Hepatitis A infection will recover without complications, but may require supportive therapy (e.g. fluids orally or, in some cases, given through the vein, medicines to control fever) and close monitoring by their physician. People should seek medical attention if they develop symptoms of Hepatitis A infection.