MECKLENBURG COUNTY, NC. -- Two customers among the thousands potentially exposed to Hepatitis A at a West Charlotte Hardee’s restaurant have filed a class action lawsuit against the chain.
- Lawsuit was initially filed in July in the county, but moved to federal court
- Lawsuit states customers potentially impacted are living with "severe emotional and mental anguish
- Two customers are asking for an excess of $25,000 in damages
The lawsuit was initially filed in July in Mecklenburg County but now, the case hs been moved to federal court.
The Mecklenburg County Health Department gave out free vaccinations to more than 2,100 people during the health scare this summer.
The Hardee’s employee who tested positive of Hepatitis A is one of 19 confirmed cases in Mecklenburg County so far this year.
“That’s why we're considering this an outbreak. That's a larger number than we normally have,” said Mecklenburg County Health Director Gibbie Harris.
The lawsuit states these customers, and the thousands of other people potentially affected by this outbreak, are living with "severe emotional and mental anguish," because of Hardee's negligence. Both customers received a vaccine this summer and were advised to receive a second one in six months.
“The first dose gives them about 90 to 95 percent coverage and it’s good for up to ten years but if they get that second dose, that bumps up to almost 100 percent coverage and they're good for a lifetime,” said Harris.
As of right now, director Harris says there haven't been any new confirmed cases of Hepatitis A following this specific incident at Hardee’s.
The two customers are asking for an excess of $25,000 in damages for negligence and other two other listed failures by the company. The lawsuit names CKE Restaurants Holdings, Inc. which owns, operates and franchises thousands of Hardee's chains in the country as well as Food Systems, LLC; Hardee’s Restaurants, LLC; and Morning Star NC, LLC.
Spectrum News reached out to CKE Restaurants Holdings, Inc. along with the attorney representing the other companies named in this lawsuit, but we haven't gotten a response.