RICHMOND, Va. (WRIC) — The first lawsuit in the hepatitis A outbreak was filed Thursday in Richmond Circuit Court. The lawsuit was filed in Richmond because that’s where Tropical Smoothie Cafe’s corporate headquarters is located.
The attorneys in this case claim the outbreak was “completely avoidable.”
The lawsuit was filed by a Maryland resident who drank smoothies at a Loudoun County Tropical Smoothie Cafe. The suit claims the plaintiff was a frequent customer earlier this month.
Around August 12, he became sick and was later diagnosed with hepatitis A and was hospitalized.
The suit claims the cafe breached the warranty of safety for its goods and claims that breach was the direct and proximate cause of the plaintiff’s injuries.
The plaintiff has asked for $100,000 in damages, including medical expenses, loss of wages and emotional distress.
According to the Virginia Department of Health, five people in Central Virginia and a total of 28 people across the state have been diagnosed with Hepatitis A.
Attorneys also claim that a class action lawsuit for all victims is pending and should be filed Friday.