A settlement has been proposed in a class action lawsuit alleging certain employees of Hardee’s restaurants located in South Carolina tested positive for hepatitis A and worked at Hardee’s during their hepatitis A infection.

If you consumed food or drink at the Hardee’s location in Duncan, S.C., or Lyman, S.C. in September 2015, you may be entitled to compensation from the Hardee’s hepatitis A class action settlement.

The South Carolina Department of Health and Environmental Control was reportedly notified about the Hardee’s employees’ hepatitis A infection on Sept. 17, 2015 and subsequently alerted the public about the health risks associated with hepatitis A exposure. The agency recommended all customers who ate food or consumed beverages from the potentially affected Hardee’s restaurants to receive vaccines for potential exposure to hepatitis A.

Plaintiffs Cody Werkmeister and Sherri Young filed the class action lawsuit against Hardee’s after they were alerted by the SCDHEC that certain employees of Hardee’s tested positive for hepatitis A and worked at the restaurants while they were infected.

No notice has been provided by the SCDHEC that anyone actually developed hepatitis A infections after consuming food or drink at the Hardee’s restaurants; these individuals (if there are any) are excluded from the Class.

Class Members who would like to exclude themselves from or object to the Hardee’s settlement must do so no later than March 30, 2017.

Who’s Eligible

Class Members of the Hardee’s hepatitis A settlement include consumers who meet the following criteria:

  • The individual consumed food or drink between Sept. 4 and Sept. 13, 2015 at the Hardee’s restaurant located in Duncan, or between Sept. 4 and Sept. 15, 2015 at the Hardee’s restaurant located in Lyman, and
  • Subsequently obtained a hepatitis A virus vaccine, an immune globulin shot or hepatitis A vaccine blood test within 30 days of consuming food or drink at the Hardee’s restaurant (but obtained the vaccine, shot or blood test no later than Oct. 15, 2015).
Potential Award

To Be Determined. The amount each claimant receives depends on the total number of Class Members who file claims for the Hardee’s settlement. Each claimant will receive a pro rata share of the $500,000 that is available for distribution to Class Members.

Proof of Purchase

Class Members must provide information about their hepatitis A treatment, including the name of the facility at which their treatment was obtained. Claimants must also assert under the penalty of perjury that they consumed food or drink at the Hardee’s restaurant in Duncan or Lyman during the relevant Class Period.

Claim Form Deadline


Case Name

Werkmeister, et al. v. Hardee’s Restaurants LLC, Case No. 2015-CP-42-3982, in the Court of Common Pleas, Seventh Judicial Circuit, County of Spartanburg, South Carolina

Final Hearing


Settlement Website
Claims Administrator

The Notice Company
Spartanburg Hep-A Class Action
P.O. Box 455
Hingham, MA 02043

Class Counsel

William D. Marler

Defense Counsel

Kenneth W. Ward