A Hauula resident who believes he contracted hepatitis A from a flight attendant while aboard a Hawaiian Airlines flight filed a lawsuit in Circuit Court on Wednesday.

It appears to be the first case made public in the current outbreak that involves transmission from an infected person to another in a commercial setting, rather than from eating contaminated food or close contact within a household.

Most of the 276 hepatitis A cases so far stem from eating tainted scallops served raw at Genki Sushi. The scallops, which were imported frozen, were pulled from the market after they identified by health authorities last month as the source of the virus.

There have been a handful of secondary cases that were transmitted within households, according to the state Health Department. But no person-to-person transmission in a work setting had yet come to light.

“Among the secondary cases that have been confirmed or are being investigated, we have not identified anyone who has been infected by a food handler or flight attendant,” Jonathan Hilts, public health educator at the department, confirmed Wednesday.

The suit was filed by John Driscoll, an artist and plasterer who lives in Hauula, against Genki Sushi USA, scallops distributor Koha Foods and importer Sea Port Products Corp.

Driscoll believes he contracted the virus aboard Hawaiian Airlines Flight 65 from Oakland, Calif., to Kona, Hawaii, on July 26. A flight attendant on the plane who had eaten scallop sushi at Genki had hepatitis A but didn’t know it at the time.

Hepatitis A symptoms take from two weeks to as long as 50 days after exposure to appear, and people are infectious even before they realize they are sick. The virus spreads through contaminated food or water, or close physical contact.

Driscoll had not eaten at Genki, and none of his close personal contacts had hepatitis A, according to his attorney, Michael F. O’Connor.

“Driscoll first began to experience symptoms of his hepatitis A infection on or about the morning of Aug. 8, 2016, while at work,” the suit said. “He left work early at around 11 a.m. to return home and rest. While on his way home, Driscoll received a phone call from the state of Hawaii Department of Health to inform him that he had been exposed to HAV [hepatitis A virus] while on his flight on July 26.”

“The next day, Driscoll sought medical treatment and submitted a blood sample for laboratory testing,” the suit said. “Driscoll’s blood sample ultimately tested positive for the outbreak strain of HAV.”

Driscoll was working a special job at the International Marketplace in Waikiki, which was supposed to last for six weeks, but he was so sick he only worked three or four days. He is still recovering, according to the suit, and seeks unspecified damages for pain and suffering, lost wages and medical expenses.

O’Connor said they are not suing Hawaiian Airlines because it did not serve the scallops, so product liability law is not applicable.

Russell Pang, spokesman for Genki Sushi, said the company has no comment on pending litigation. A Hawaiian Airlines spokesman also declined to comment.

This outbreak is the biggest in Hawaii in at least 25 years and the worst in the country since green onions from Mexico sickened more than 600 people in Pennsylvania in 2003. Typically, Hawaii sees an average of 10 hepatitis A cases a year.

Five new cases were identified in the past week, a slower pace than the previous week. All of the 276 victims so far are adults, and 68 have required hospital care.

Cases are expected to crop up into October because of the long incubation period of the disease. Individual workers at 13 different restaurants, two Hawaiian Airlines flight attendants and two cafeteria employees at different schools have contracted the virus. None were Genki Sushi employees.

Vaccination is considered the best prevention. Thoroughly cooking food kills the virus and vigorous hand-washing can help prevent its spread.

Seattle attorney Bill Marler, who is also handling Driscoll’s case, said it highlights the need to vaccinate food-service workers.

“Hepatitis A is the only food-borne illness that you can stop secondary transfer by vaccinating the people that likely would transfer it, which are close family members or people who work in food service,” he said.

Driscoll Lawsuit