A second lawsuit in as many weeks has been filed against the restaurant chain Genki Sushi and two distributors of tainted scallops that have caused Hawaii’s hepatitis A outbreak.
Oahu resident Bryan Cuelho filed the class-action lawsuit Tuesday on behalf of those who have received treatment to prevent the infection of hepatitis A after consuming the scallops and other “adulterated food or drink” since April.
Cuelho’s lawsuit — filed by Marler Clark, a Seattle-based law firm specializing in food safety, and a Honolulu-based Starn O’Toole Marcus and Fisher — notes that the number of potential class members to be “in the thousands.”
According to the Hawaii Department of Health, tainted scallops served raw at Genki Sushi’s 11 locations on Oahu and Kauai were the cause of the state’s hepatitis A outbreak.
Cuelho’s lawsuit lists the three companies as defendants, accusing them of negligence for “manufacturing, importing, distributing and selling a food product that was adulterated, not fit for human consumption and not reasonably safe.”
According to the lawsuit, Cuelho, of Waialua, ate the tainted scallops at Genki Sushi’s Waikele location on Aug. 6 and got a hepatitis A vaccine 10 days later. He is seeking unspecified damages for lost wages, medical and travel expenses, emotional distress, physical pain and injury, and “fear of harm and humiliation.”
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