A Settlement has been reached in the lawsuit entitled Hubbs v. Red Robin International, Inc., pending in the Circuit Court of Greene County, Missouri, concerning alleged exposure to the Hepatitis A virus.
Who is Included?
All persons, excluding employees of Red Robin International, Inc., who consumed food and drink at the Red Robin International, Inc.’s restaurant located at 3720 S Glenstone Ave., Springfield, Missouri 65804, between May 8 and May 16, 2014, and who subsequently obtained immunoglobulin shots or Hepatitis-A vaccinations on or before May 30, 2014, at (1) any public Health Department Clinic, or (2) private health care providers.
What is This Case About?
In May 2014, the Springfield/Greene County Health Department (“Health Department”) was notified that an individual employed by and working at the Red Robin International, Inc.’s restaurant at 3720 S. Glenstone Ave, Springfield, Missouri 65804 (“The Restaurant”) had tested positive for Hepatitis A and had worked at The Restaurant during his infection. The Health Department recommended that persons who ate at The Restaurant between May 8 and May 16, 2014, be vaccinated and report to their doctor if they develop severe symptoms of jaundice or dehydration.
What Does the Settlement Provide?
General Damages:
(a) The proposed General Damages Settlement provides for payment of general damages to each class member who submits a timely, qualified claim for general damages (“Claimant”). Each Claimant will receive as general damages a pro-rata share of the aggregate class amount of $325,000.00, provided that no Claimant will receive less than $150.00 or more than $250.00 for general damages.
(b) In the event that fewer than 1,300 timely, qualified claims are made, any difference between the total class compensation of $325,000.00 and the aggregate amount paid to Claimants shall be reimbursed to Red Robin International, Inc.
(c) In the event that more than 2,166 timely, qualified claims are made which would cause the aggregate amount of the general damages of the proposed settlement to exceed $325,000.00 unless the amount per claimant is reduced below $150.000, then the parties agree to a 30-day period of renewed negotiation with regard to the terms of the proposed settlement.
(d) Any renegotiated agreement that would reduce a Claimant’s general damages payment to less than $150.00 will be submitted to Claimants to afford them an opportunity to object or to exclude themselves.
(e) If there is no agreement reached at the end of the 30-day renewed-negotiation period, and there is no agreement to extend the negotiations, then the proposed settlement agreement will terminate.
Special Damages:
(a) The proposed Special Damages Settlement provides for special damages to be paid up to a limit of $10,000.00 in total class compensation for the reimbursement of documented, out-of-pocket expenses for each class member who obtained, (i) vaccination against Hepatitis A, or (ii) a prophylactic dose of immune globulin (IG).
(b) If the total amount paid to timely, qualified claimants for special damages is less than $10,000.00, the amount remaining shall be reimbursed to Red Robin International, Inc. For example, if you have documentation showing the amount you paid for the shot (whether the full amount or a co-payment), such documented amounts qualify for compensation as special damages. The amount paid by your insurer or by others is not recoverable as special damages.
(c) If the aggregate amount of the special damages of the proposed settlement of timely, qualified special damage claims exceeds $10,000.00, then a 30-day renewed negotiation period will be triggered, as set forth in the preceding subsection on General Damages.
How Do You Make a Claim?
To make a claim, you must submit a Claim Form so that it is received by the Claims Administrator on or before May 16, 2016.