The Plaintiff and class representative for the California subclass, Jacob Petersen, as advised by Class Counsel, has agreed to a settlement that involves solely California Class Members, with such settlement being on a “claims made” basis. Therefore, only eligible claims submitted will be paid under this class settlement, and no settlement funds or advance-funding mechanism will be established. Eligible claims will be paid after the Court gives final approval to the Settlement. The Court granted Final Approval on September 23, 2019. The Settlement Administrator will beginning mailing checks the week of November 25, 2019.
The Maximum Amount Available to each eligible claimant under this proposed class settlement will be $200.00, with separate limits for the non-economic and economic damage components as defined below.
Non-Economic Damages: For each eligible claimant, whether they received a Hepatitis A vaccination at Costco, or a Hepatitis A vaccination or immunoglobulin injection from a commercial entity or private medical provider, the claimant will receive a payment of $80.00 as a recovery for non-economic damages under the proposed class Settlement provided that the claimant meets the following requirements:
1) If the claimant purchased the Townsend Farms Antioxidant Blend (“Berry Mix”) under his or her Costco member number, the number must be provided;
2) If the claimant did not purchase the Berry Mix under his or her Costco member number, the claimant must provide: (a) the Costco member number for the purchaser of the Berry Mix consumed by the claimant; (b) the name of the holder of that Costco member number; and (c) a description of the location and manner of consumption in a declaration made under the penalty of perjury;
3) If the claimant received a Hepatitis A vaccination free at Costco, the claimant will be checked against the list of recipients, and the claimant will be eligible only if found to be on the list of recipients;
4) If the claimant received a Hepatitis A vaccination or immunoglobulin injection from a commercial entity or private medical provider, the claimant must provide documentary proof of the vaccination or injection; and
5) Each claimant must provide a declaration under the penalty of perjury that he or she: (i) received a Hepatitis A vaccination or an immunoglobulin injection between May 31 and June 13, 2013, and (ii) was not immune to Hepatitis A on the date of consumption due to an earlier Hepatitis A vaccination or infection.
Economic Damages: If a claimant received a Hepatitis A vaccination or immunoglobulin injection from a commercial entity or private medical provider, the claimant would be eligible for an additional payment for economic damages to reimburse for the actual cost of the vaccination or injection up to a maximum additional amount of $120.00. To be eligible for this additional amount, the claimant must meet the following requirements:
1) The claimant must provide legible, documentary proof of the actual cost paid out-of-pocket by the claimant for a Hepatitis A vaccination or immunoglobulin injection (not the total cost of any visit, additional fees, or amounts covered by insurance); and
2) The claimant received a Hepatitis A vaccination or immunoglobulin injection between May 31, 2013 and June 6, 2013, the latter being the date Costco started to offer free vaccinations.
Total Damages and Cap on the Number of Eligible Claimants. For the avoidance of any confusion, no claimant is eligible to receive more than a total payment of $200.00 under the proposed class Settlement. The total number of claimants eligible for the class Settlement shall be capped at 3,000.