Petersen v. Costco Wholesale Co.
CA Hepatitis-Shot Class Settlement
8:13-cv-01292 DOC (JCGx)

Frequently Asked Questions

 

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  • The Notice explains your rights and options in the proposed Settlement of the lawsuit entitled Petersen et al. v. Costco Wholesale Co. et al., Civil Action No. CV-13-01292 pending in the U.S. District Court, Central District of California, Southern Division (the “Settlement”). This settlement only applies to California Class Members. To submit a claim, or object to the terms of the Settlement, you must follow the steps described in the Notice within 21 days of receiving notice of the proposed Settlement, and no later than March 27, 2019

    The deadline to object to the Settlement passed on March 15, 2019

    The deadline to file a claim in the Settlement passed on March 27, 2019

  • The Court held a hearing on September 23, 2019 at the United States District Court for the Central District of California at 411 West 4th Street, Room 1053, Santa Ana, California 92701.  At the hearing, the Court considered whether the proposed Settlement should be granted final approval as fair, adequate, and reasonable, and in the best interests of the Class as a whole. The Court granted final approval of the Settlement on September 26, 2019.

    The Final Approval Order and other important case documents may be viewed and downloaded by visiting the Important Documents page.

  • 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.

  • As originally certified by the Court, the Class was defined to include nine state subclasses: Arizona, California, Colorado, Hawaii, Idaho, Nevada, New Mexico, Oregon, and Washington. In the course of the litigation, it was decided that the California subclass would be the lead-off case and thus the first to be tried. This settlement involves only the California subclass. For purposes of the proposed Settlement, the California subclass could be defined as follows:

    All persons who (1) consumed Berry Mix that had been purchased at Costco in California prior to June 4, 2013, (2) were not immune to Hepatitis A on the date of consumption due to an earlier Hepatitis A vaccination or infection, and (3) received a Hepatitis A vaccine or immunoglobulin shot between May 31 and June 13, 2013.

    The definition of the Settlement Class is more specific, and it has two components that determine eligibility for Non-Economic Damages and eligibility for Economic Damages. These components only partly overlap, with fewer persons eligible for Non-Economic Damages.

    Settlement Class for Non-Economic Damages: Individuals who purchased the Berry Mix at a Costco in California and consumed Berry Mix and (a) received a Hepatitis A vaccination or an immunoglobulin injection between May 31 and June 13, 2013, and (b) were not immune to Hepatitis A on the date of consumption due to an earlier Hepatitis A vaccination or infection.

    Settlement Class for Economic Damages: Individuals who meet all the requirements of the Settlement Class for Non-Economic Damages and paid out-of-pocket for a Hepatitis A vaccination or immunoglobulin injection between May 31 and June 6, 2013 from a commercial entity or private medical provider other than Costco.

  • The deadline for filing a claim passed on March 27, 2019.

  • The deadline to exclude yourself from the Settlement passed on March 27, 2019.  

  • The deadline to object to the Settlement passed on March 15, 2019

  • The Court has designated Jacob Petersen as the California Class Representative. The Court has appointed Marler Clark, LLP, PS, as the Class Counsel.  If you have any questions for the Class Counsel, you may contact them at:

    CLASS COUNSEL ADDRESS:
    William D. Marler, Esquire
    MARLER CLARK. L.L.P., P.S.
    1012 First Ave, Fifth Floor
    Seattle, WA 98104
    Telephone: (866) 770-2032

  • No attorney fees or expenses will be paid by Class Members. To make this settlement possible, counsel for the plaintiffs and the California subclass waive all attorneys’ fees and costs, and have agreed that they will not seek reimbursement, fees, expenses, or costs from the class Settlement or from the defendants.

  • The Class Representative and the Class Counsel support the proposed Settlement because they believe it provides for prompt, efficient, and fair relief to the Class. In ultimately deciding to recommend this settlement, the Class Counsel considered the relative risks, costs, and benefits to the Class of settlement or continuing litigation. The Class Members incur no risk or cost in obtaining the proposed relief.

  • The Court held a hearing on September 23, 2019 at the United States District Court for the Central District of California at 411 West 4th Street, Room 1053, Santa Ana, California 92701.  At the hearing, the Court considered whether the proposed Settlement should be granted final approval as fair, adequate, and reasonable, and in the best interests of the Class as a whole. The Court granted final approval of the Settlement on September 26, 2019.

    The Court's determination on the final approval of the proposed Settlement is binding on all California Class Members.  

  • These FAQs are only a summary of the circumstances surrounding the litigation, the claims asserted, the proposed Settlement, and related matters. You may seek the advice and guidance of your own private attorney, at your own expense, if you desire.

    You can view a copy of the Final Approval Order by visiting our Important Documents page, where you will find the Settlement Agreement, Detailed Notice, Preliminary Approval Order, and other important case documents. 

    If you wish to communicate with the Class Counsel identified above or wish to obtain relevant court documents, you may do so by contacting the Class Counsel at the address listed in question #8.

For More Information

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Mail

Costco Hepatitis-Shot Class Action
c/o JND Legal Administration
PO Box 91240
Seattle, WA 98111