A Yorktown woman is suing Tropical Smoothie for damages and to recover costs associated with vaccination shots she got to guard against hepatitis A.
Laura L. Pyka filed suit Thursday against the frozen drink and wrap chain in York County/Poquoson Circuit Court. A separate suit involving a Northern Virginia man, Constantinos A. Raptis, was also filed Thursday in Loudoun County Circuit Court.
Company representatives couldn’t be reached for comment Thursday night regarding the lawsuits.
The litigation came on the same day Virginia health officials said more cases of hepatitis A have been linked to frozen strawberries used in Tropical Smoothie Cafe locations statewide.
State health officials said customers may’ve been exposed even if they didn’t get smoothies with strawberries in them because cafes use the same blender to make smoothies.
As of Friday, 35 cases had been recorded, with a majority connected to stores in Northern Virginia, state health officials said.
Hepatitis A is a disease often transmitted by contaminated food or drinks that can cause liver infections with fever, jaundice and malaise.
The Virginia Department of Health said testing indicates frozen strawberries from Egypt used at Tropical Smoothie Cafe stores in late July and August may be to blame for the illnesses.
VDH spokesman Larry Hill declined to say where the people with cases of Hepatitis A were located, citing privacy concerns.
According to court documents, Pyka had smoothies at a Yorktown store in the last month or so. After finding out she’d possibly been exposed to hepatitis A, she followed health official recommendations and had a series of vaccination shots. Her lawsuit does not indicate that she ever contracted the disease.
She is seeking damages to cover medical and other costs. Pyka is part of a class-action suit of plaintiffs who’ve gotten hepatitis vaccinations because of possible exposure to the disease, said one of the lawyers involved in the case, Seattle attorney Bill Marler.
Raptis contracted hepatitis A after drinking smoothies after his gym workouts, according to court documents. He spent several days in the hospital and is still recovering, the lawsuit states. He’s seeking $100,000 in damages.
On its Twitter account, Tropical Smoothie Cafe CEO Mike Rotondo apologized to Virginia customers for the outbreak in a video.
“On August 5, the Virginia Department of Heath contacted us about a potential link between hepatitis A cases and frozen strawberries from Egypt,” Rotondo says in the video.
He said the company voluntarily withdrew all of the strawberries sourced from Egypt and found an alternate supply for all of their locations.
Tropical Smoothie has locations in Hampton, Newport News, James City and York counties and roughly 300 stores nationwide.
Canty can be reached by phone at 757-247-4832.
Hepatitis A cases in Virginia
Often transmitted by contaminated food or drinks, this disease can cause liver infections with fever, jaundice and malaise. As of Thursday, 28 cases had been recorded, Virginia health officials said.
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