Petersen v. Costco Wholesale Co.
Hepatitis-Shot Class Settlement
8:13-cv-01292-DOC-JCG

Welcome to the Hepatitis-Shot Class Action Settlement Website

What is this lawsuit about?

A proposed settlement has been reached in a class action 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”). The Plaintiff and class representatives for the Eight State Subclasses, as advised by Class Counsel, have agreed to a settlement that involves Arizona, Colorado, Hawaii, Idaho, Nevada, New Mexico, Oregon, and Washington 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.

Claimants who submit eligible claims may be awarded a maximum amount of $200.00 with separate limits for the non-economic and economic damage components. Eligible claimants will receive a payment of $80.00 as recovery for non-economic damages. Claimants who received a Hepatitis A vaccination or immune globulin ("IG") injection from a commercial entity or private medical provider are also eligible for an additional payment for economic damages to reimburse the actual cost of the vaccination or IG shot up to a maximum amount of $120.00. No claimant is eligible to receive more than a total of $200.00.

 

Who is included?

This settlement involves the Eight State Subclasses in Arizona, Colorado, Hawaii, Idaho, Nevada, New Mexico, Oregon, and Washington. For purposes of the proposed Settlement, the Eight State Subclasses are defined as follows:

ALL PERSONS WHO: (1) CONSUMED TOWNSEND FARMS ORGANIC ANTI-OXIDANT BLEND FROZEN BERRY-MIX THAT WAS BOTH PURCHASED AT A COSTCO IN ARIZONA, COLORADO, HAWAII, IDAHO, NEVADA, NEW MEXICO, OREGON, OR WASHINGTON AND RECALLED ON EITHER JUNE 4, 2013 OR JUNE 28, 2013, AND (2) SUBSEQUENTLY OBTAINED AN IMMUNE GLOBULIN (“IG”) SHOT OR HEPATITIS-A VIRUS (“HAV”) VACCINATION BETWEEN MAY 31, 2013 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. For more detailed information, please review the FAQs.

 

How do I participate in the Settlement?

You must submit a valid claim form and the necessary documentation, as outlined in the Notice and in the FAQs, within 21 days of receiving the Notice, and no later than February 27, 2020

You must complete and submit a separate claim form for each person who obtained an IG shot or Hepatitis-A vaccine. Failure to submit a valid and timely claim form will bar you from receiving a portion of the Settlement.

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.

LEGAL RIGHTS AND OPTIONS

Option and Deadline
Event
Submit a Claim Form

February 27, 2020
(Submitted Online or Postmarked)
To qualify for the Settlement benefits, you must submit a complete and timely claim form, including any required documentation. You may download a copy of the claim form from the Important Documents page or you may file a claim online.
Exclude Yourself

February 27, 2020
(Received by)
If you ask to be excluded, also known as “opting out,” you will get no cash benefit from the Settlement, but you may be able to pursue or continue your own lawsuit. For information on how to exclude yourself, see FAQ 6. You may also submit your request online.
Object

February 27, 2020
(Filed)
Write to the Court about why you don’t like the Settlement. You can do this only if you don’t exclude yourself. For information on how to file an objection, see FAQ 7.
Attend the Final Approval Hearing

July 13, 2020
The Court will hold a hearing on July 13, 2020 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 will consider 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. 
Do Nothing If you do nothing, you will not receive any Settlement benefits and you release your claims against the defendants.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Shot Class Settlement
c/o JND Legal Administration
PO Box 91307
Seattle, WA 98111