You had to know it was coming. A class action law suit has been filed against Loblaws, after a Hepatitis A outbreak led thousands to seek vaccinations for the disease last month. Toronto health officials were first notified on August 16th that an employee at the Humbercrest supermarket store had tested positive for the disease. That prompted an alert to anyone who'd eaten produce sold there to get a precautionary inoculation.
But now Matthew Vezina is seeking legal redress for himself and his fellow shoppers, alleging Loblaws was negligent in allowing the exposure to occur in the first place. The suit claims the company breached its contract with customers, by selling food for that wasn't safe for human consumption. It seeks compensation for anyone who contracted the virus, had to throw out produce they'd purchased, had to pay for extra medical services (the shots were provided free at several week-long clinics), or lost time seeking medical treatment. But the most controversial - and hardest to prove - aspect of the suit also seeks damages for 'mental distress' for people who feared for their health.
The store had already been offering refunds at the manager's discretion, and had sent out a letter of apology. A judge must still decide if the suit can proceed.
