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Man Hospitalized with Hepatitis Sues Tropical Smoothie Café

September 21, 2016 — A growing number of lawsuits have been filed by residents of Virginia who were infected with hepatitis A at Tropical Smoothie Café.

The latest lawsuit (PDF) was filed in Prince William County Circuit Court by Robert Daly, a man from Woodbridge who had several smoothies in July and August.

In late August, Daly fell ill with nausea, fever, and body aches. He sought medical treatment, but doctors sent him home on bed rest. It was only after his condition worsened that he was diagnosed with hepatitis A and hospitalized for three days. The symptoms normally last several months, and 10% of people have symptoms for 6 months.

Tropical Smoothie Café is also facing a lawsuit from a man who was hospitalized for four days. He is seeking $100,000 in compensation for his pain and suffering, medical expenses, and lost income.

Earlier this month, a group of seven people who were infected filed a lawsuit in Virginia, including one victim from Texas and six victims from Virginia. There have also been a few class action lawsuits for everyone who got a vaccine to prevent infections after being exposed.

The Virginia Department of Health has confirmed 102 cases of hepatitis A in residents of Virginia who had a smoothie between May and September. About 37% of those victims were hospitalized.

State officials notified Tropical Smoothie Café of the outbreak on August 5, but it took another four days for the company to stop using frozen strawberries from Egypt. The public was not warned until August 19.

Lawyers have criticized the two-week delay in warning the public. A vaccine or a shot of Immune Globulin (IG) can stop infections after an exposure, but they are most effective in the first two weeks.

Do I have a Tropical Smoothie Café Lawsuit?

The Schmidt Firm, PLLC is currently accepting strawberry smoothie induced injury cases in all 50 states. If you or somebody you know has been diagnosed with hepatitis A, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Food Poisoning Litigation Group or call toll free 24 hours a day at (866) 920-0753.

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