Hepatitis A Lawyer & Attorney : Marler Clark : Hepatitis A Blog

Tona Kunz of the Chicago Daily Herald wrote that Marler Clark leveled what it hopes will become a class action lawsuit against the Houlihan's restaurant in Geneva Commons. The lawsuit filed Friday in Kane County on behalf of a Geneva family of four seeks an unspecified amount of damages for exposure to hepatitis A, a disease that can attack the liver.

Between Jan. 8 and Jan. 19 the family of Rebecca Johnson - along with at least 3,000 people estimated to have eaten at the restaurant - were potentially exposed to the virus when an infected employee was working while potentially contagious. Most at risk are patrons who had drinks with ice, which was potentially tainted, according to the Kane County Health Department, which investigated the exposure.

The law firm of Marler Clark is seeking to have the lawsuit expanded to a class action suit. A judge will have to rule on that, but the firm is compiling a list of possible litigants. So far at least five others, including a parent of a teen at a synchronized skating competition held last weekend at the Fox Valley Ice Arena in Geneva, have expressed interest in joining the lawsuit. Those interested in joining the suit can call the firm at (206) 346-1888.

"Filing a class action makes sense in that people who received shots had similar injuries," said William Marler, managing partner of Marler Clark. According to the lawsuit, class members will seek damages including lost wages, medical and travel expenses, and emotional distress related to the fear of becoming infected with the hepatitis A virus. The damages would compensate those who had to take off work to receive inoculations, and those who could not get to the free clinic offered by the Kane County Health Department and had to seek shots from private physicians.

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CHICAGO, IL (January 25, 2007) — A class action lawsuit will be filed tomorrow against Houlihan’s, the Geneva, Illinois, restaurant where a food worker was diagnosed with hepatitis A. The lawsuit will be filed in Kane County Circuit Court on behalf of named plaintiff Rebecca Johnson, a Geneva, resident who dined at Houlihan’s with her family on January 19, 2007, and all other persons who were exposed to the hepatitis A virus at Houlihan’s between January 8 and January 19, and were forced to receive Immune Globulin shots to prevent becoming ill with hepatitis A. The lawsuit will be brought by Marler Clark, a Seattle law firm that has represented thousands of victims of foodborne illness outbreaks, and James P. Crawley, a respected Chicago attorney.

According to health officials, at least 3,000 people ate at the Houlihan’s restaurant located at 1332 Commons Drive in Geneva between January 8 and January 19, when the infected individual was working. The Kane County Health Department inoculated 2,060 individuals against hepatitis A on Monday, Tuesday, and Wednesday this week, and stressed that those patrons who had consumed iced beverages were most at risk for infection. 

“Filing a class action makes sense in that people who received shots had similar injuries,” said William Marler, managing partner of Marler Clark. According to the lawsuit, class members will seek damages including lost wages, medical and travel expenses, and emotional distress related to the fear of becoming infected with the hepatitis A virus.

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Marler Clark began hepatitis A litigation against Quizno's by filing a Class Action lawsuit on behalf of all individuals who required inoculation against hepatitis A to following exposure to the virus at a Boston Quizno's on July 9, 2004.

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On November 6, 2004, the Chemung County Health Department issued a hepatitis A news release announcing that four persons had confirmed hepatitis A infections which were traceable to the Maple Lawn Dairy Family Restaurant in Elmira. The Health Department also advised that persons who had eaten at the defendant's restaurant between September 26 and October 10, 2004 may have been exposed to the hepatitis A virus. A restaurant employee was diagnosed with the hepatitis A virus on October 10, 2004 and was working at the defendant's restaurant while infected with the virus. The Department recommended that persons who had potentially been exposed receive injections of immune globulin, an antibody treatment that provides protection from the hepatitis A virus if exposure to the virus has occurred within 14 days prior to the injection.

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Pennsylvania State health officials first learned of a potential HAV outbreak from emergency room doctors in Beaver County, who reported an unusually high number of hepatitis A cases in late October, 2003. Investigators from the health department began investigating the people who had fallen ill, and determined that the common thread for all was having eaten at the Chi-Chi's restaurant at the Beaver Valley Mall. Once the department isolated the restaurant as the probable source of the outbreak, Chi-Chi's closed the restaurant voluntarily and it remained closed for a number of weeks.

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In mid-October, 1999, an unusually high number of hepatitis-A cases were reported among individuals residing in Northeast Seattle and Snohomish County. At the same time, the Snohomish Health District reported an increased number of hepatitis-A cases reported among individuals who resided in Snohomish County, but who worked in the Northeast Seattle area. Because the infected individuals had no other identified risk factor for hepatitis A, health department officials quickly suspected the existence of an hepatitis-A outbreak with a common foodborne source located in Northeast Seattle.

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In early December, 2000, Lake County Health Department (LCHD) learned of seven hepatitis A cases, including five hospitalizations, in Lake and neighboring Sumter Counties in a two week span. During the previous two years, the total number of known hepatitis A cases in Lake County was twenty-two. Recognizing the possibility of an outbreak, LCHD notified the Florida Department of Health.

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FOR IMMEDIATE RELEASE
Marler Clark LLP, PS

LOS ANGELES, CA (February 7, 2006) -- The first of what may be multiple lawsuits resulting from recent Los Angeles-area hepatitis A outbreaks was filed Tuesday in Los Angeles County Superior Court. The lawsuit, filed on behalf of Michael Gallagher of Victorville, CA, names Silver Grill Location Catering as the defendant. According to the lawsuit, Mr. Gallagher contracted hepatitis A after consuming contaminated food manufactured and sold by Silver Grill. Mr. Gallagher is represented by Marler Clark, a Seattle law firm that has successfully represented thousands of victims of foodborne illness, and Ralph Martinez, a respected Los Angeles attorney.

The lawsuit alleges that Silver Grill Location Catering served the tainted meal that sickened Mr. Gallagher on October 3, 2005, during production of "The Good German," a film starring George Clooney and Cate Blanchett. At least eighteen other people on the movie set also became ill with hepatitis A infections after eating the contaminated food. Local health authorities believe the contaminated food to have been lettuce. The lawsuit seeks damages to account for Mr. Gallagher's medical and medical-related expenses, emotional distress, and loss of enjoyment of life. The suit also seeks compensation for the lost wages that Mr. Gallagher incurred during his illness.

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Boston: Quizno's Hepatitis A Litigation

Marler Clark, the Seattle food safety attorneys, filed a class action lawsuit against Quizno's Friday on behalf of all individuals who received Immune globulin (Ig) injections after being exposed to the hepatitis A virus at the Quizno's Sub shop located at 74 Summer Street in Boston. The lawsuit, the second class action lawsuit the firm has filed in two weeks on behalf of individuals who received Ig shots, was filed in Suffolk County Superior Court.

Massachusetts: Friendly's Hepatitis A Litigation

Marler Clark has filed a class action lawsuit on behalf of hundreds of customers and employees of a Boston-area restaurant who were exposed to the dangerous hepatitis A virus in June, 2004.

Health officials estimate that more than 3,800 people were at risk after dining at Friendly's Restaurant in Arlington, west of Boston. In mid-June, more than 3,000 of those people lined up at an area clinic to receive immune globulin ("lg") shots. Many were initially turned away and had to return later.

Hepatitis A is spread as a result of fecal contamination, often by food handlers. Officials sounded the alarm after a food handler at Friendly's was diagnosed with hepatitis A.

Pennsylvania: Chi Chi's Hepatitis A Outbreak

In November, 2003, at least 660 people were sickened, and four died from Hepatitis A contracted from Mexican-grown green onions served at the Beaver Valley Mall Chi-Chi's Restaurant near Pittsburg. The outbreak, linked to similar outbreaks in Tennessee, Georgia and North Carolina, is considered the largest single-source epidemic of Hepatitis A in U.S. history.

Marler Clark represents many of the approximately 300 victims who are seeking compensation from Chi-Chi's and four companies that supplied the green onions. The Food and Drug Administration attributed the outbreak to poor sanitation that allowed the Hepatitis A move from Mexican fields to the salsa and condiment tables at Chi-Chi's.

Chi-Chi's, a chain of about 100 restaurants was already in bankruptcy before the outbreak, but claims have been paid by its insurance carrier. About 76 of the restaurants were recently bought by Outback Steakhouses Inc, which plans to convert them to its own brands.

Washington: Subway Hepatitis A Litigation

Marler Clark, the Seattle law firm nationally-known for its successful representation of persons injured in food-borne illness outbreaks today announced that it had obtained a $1.06 million settlement on behalf of 29 persons who claim to have been infected with the Hepatitis A virus as a result of eating contaminated food at two local Subway Sandwich franchises.

Washington: McDonald's hepatitis A Litigation

Marler Clark represents two people sickened with hepatitis A after eating at a Mount Vernon McDonald's restaurant in February 1999.

Health officials reported nine cases of hepatitis A and traced them to the McDonald's, where an assistant manager continued to work after contracting the disease.

Massachusetts: D'Angelo's Hepatitis A litigation

Marler Clark suit against D'Angelo Sandwich Shops Inc. their client, Rosemary Lamarre of Fall River, contracted hepatitis A from eating at its Route 6, Swansea location. She was one of more than 30 people sickened during the recent hepatitis outbreak -- made the complaint against D'Angelo after becoming "violently ill" in late November. Her husband, Robert, is also listed as a plaintiff.

Spokane, Washington: Carl's Jr. Hepatitis A Litigation

The Seattle-based law firm Marler Clark filed a class-action lawsuit in March against Carl's Jr. Carl's Jr. agreed Tuesday to pay four Spokane-area families settlements ranging from $25,000 to $75,000 because members of those families contracted hepatitis A at a local franchise. Attorney Bill Marler said the terms of the settlement prevent him from divulging the names of those who contracted the virus. Carl's Jr. officials also agreed to pay for hepatitis A immune globulin shots for some 1,400 people who ate at the restaurant, in addition to compensating them $200 each. Those people ate at the restaurant near the time it was discovered an employee there had the virus but did not contract the disease.

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