Setlement Reached in Hepatitis A Class Action

According to the Quad-City Times, anyone who received immunizations as a result of possible exposure to hepatitis A at a McDonald’s restaurant in Milan, Ill., can make a claim in a $500,000 settlement that is pending approval in Rock Island County Circuit Court. The settlement, titled Patterson v. JKLM, Inc. d/b/a McDonald’s, is pending in the 14th Judicial Circuit Court of Rock Island County. A hearing will be 2:30 p.m. Sept. 16. At the hearing, the court will consider whether to grant final approval of the proposed settlement.

The plaintiff, Quad-City area resident Cody Patterson, acting on behalf of himself and others, filed the suit July 21, 2009. It names the McDonald’s at 400 W. 1st St. and the restaurant’s owner, Kevin Murphy, as defendants. Compensation includes the cost of obtaining the shots and the value of lost time required to get the shots. The class does not include claims for those who became ill with the virus or employees of JKLM Inc. The suit claims to represent all of those who may have contracted or have been exposed to the illness while eating at the McDonald’s in June and July. Murphy said in a statement that he didn’t learn until July 13 about hepatitis A affecting the restaurant, his employees and customers. The suit claims Patterson ate food or drank a beverage from the restaurant eight or more times in June and July. It does not detail the extent of his illness.

In July 2009, the Rock Island County Health Department said that people who had dined at the restaurant between June 1 and July 15, 2009, may have been exposed to hepatitis A. The health department recommended that anyone who had eaten at the restaurant between those dates obtain immunoglobulin injections, or IG shots, to prevent hepatitis A.

Patterson is seeking compensation from JKLM Inc. for everyone who allegedly was exposed to the virus and who subsequently obtained the injections at the health department clinic or a private health care provider between July 15 and Aug. 31, 2009. The health department provided free inoculations to people who ate at the restaurant from July 6-10 and July 13-14, 2009. Two employees there were confirmed as having the disease.

If the settlement is approved, the judgment will release JKLM Inc. from all claims for damages caused to all persons allegedly exposed to the hepatitis A virus while dining at the restaurant and who subsequently obtained IG shots.

Avoiding Hepatitis A While Traveling

Jill Blocker over at Eat, Drink and Be wrote a great summary of what to pay attention to while traveling

Spring is here and people who were bundled up in their homes all winter are finally ready to go out into the world, but as the vacation season begins, remembering food and water safety can help prevent painful vacation memories.

Hepatitis A is one of the most vaccine-preventable infections contracted by travelers. Similar to Travelers’ Diarrhea, another common traveler’s illness, Hepatitis A is spread through food and drink that has come in contact with infected people — often from traces of infected feces — who handle food.

Hepatitis A is a highly contagious liver infection caused by the hepatitis A virus (HAV), according to the Mayo Clinic. It causes the liver to inflame, affecting its ability to function. Approximately 10 million people are infected with HAV each year. Symptoms, which often appear between two and six weeks of contraction, can include nausea, abdominal pain, fever, itching and jaundice.

The fatality rate from HAV is generally low, at approximately 0.3 percent. However, in adults older than 50 the fatality rate increased to 1.8 percent.

HAV infections are more common in developing countries, according to the Centers for Disease Control. Community-wide outbreaks are more likely to occur in developed countries.

“In most intermediate and high anti-HAV-endemic countries, many long-term residents are infected as children, at a time when they may not get symptoms,” according to the CDC. “Cases of hepatitis A in the resident population will be very low; however, travelers from low endemic settings such as the United States are at risk for HAV infection and should be protected.”

In 2006, 72 percent of travel-related HAV cases were associated with travels to Mexico and Central and South America, according to the CDC.

To protect against Hepatitis A while traveling:

• Avoid eating raw fruits and vegetables, or wash fresh produce with a vinegar-solution before consuming.

• Avoid raw or undercooked meats and foods, which could have been contaminated during harvesting or preparation.

• Beware of shellfish harvested from sewage-contaminated water.

• Avoid untreated tap water, including ice. Instead, opt for beverages made with boiled water or prepackaged with an intact seal.

• Avoid street-vendor foods, as they could be less regulated.

The best way to prevent HAV is getting a vaccine. In 2006, the HAV was added to the recommended vaccinations for children. The CDC recommends susceptible people traveling to or working in countries with have high or intermediate hepatitis A endemicity should be vaccinated or receive Immunoglobulin before departure. Immunoglobulin (IG) is an injection of plasma already containing the antibody for instant, but temporary protection of HAV.

Avoiding Hepatitis A is a very good idea:

Mediations scheduled this week in 2009 Milan Hepatitis A Outbreak

On July 13, 2009, Rock Island County Health Department officials informed the McDonald’s corporate office that a McDonald’s franchise in Milan, Illinois had an employee infected with hepatitis A. The employee had been working at that restaurant over the past week. The next day, health officials went to the Milan McDonald’s and found that employees were washing their hands improperly and should have been wearing gloves when they had cuts, painted nails, or fake nails. The inspector provided the employees material about proper hand washing and hepatitis A.

On July 15, health officials returned for a full inspection. The inspection detailed a laundry list of violations, two of them critical, involving “hygienic practices” and “presence of insects/rodents.” It was also reported that after the first employee was confirmed positive with hepatitis A on June 9, another employee had been confirmed positive with hepatitis A on July 15. As a result, the Milan McDonald’s was ordered to close until all employees completed health histories, got vaccinated, and completed hand-washing training.

Though it was initially believed that the employee infections were not detected until July 13, evidence later surfaced suggesting otherwise. The second employee who contracted hepatitis A, Cheryl Schram, had been diagnosed on June 20 and told the restaurant a few days later, once she had been released from the hospital. Despite the highly contagious nature of her illness, she was permitted to return to work.

 

During the period when the infected employees had been allowed to work and handle food, it was estimated that as many as 10,000 people ate at that restaurant. This led to county health officials inoculating more than 5,000 local residents against the disease in order to contain the outbreak. Unfortunately, the damage had already been done and those infected were beginning to exhibit symptoms.

The Illinois Department of Public Health (IDPH) released a report of its investigation into the Hepatitis A outbreak on October 30, 2009. IDPH reported a final tally of 34 confirmed cases of Hepatitis-A with onsets from June 11 through August 10, 2009. IDPH concluded that food from the Milan McDonald’s was the source of the outbreak. IDPH explained:

The restaurant had inspection reports indicating issues with bare hand contact with food, employees reported no use of gloves when preparing foods not later cooked, during hand hygiene education the employees had difficulty in properly washing hands, and the index case in the community, a food handler at McDonalds, had a period of communicability and work history that match with the dates of onset of the majority of the other cases and she handed food that was not later cooked with bare hands. In addition, the case-control study showed that there was an elevated risk of hepatitis A associated with consuming food from the McDonalds in Milan, Illinois. Other possible sources in the community were ruled out.

Rock Island County Health Department slates 2nd-dose hepatitis A clinics

According to the Quad-City Times, the Rock Island County Health Department announced this morning that it has scheduled a series of February clinics designed to get a second dose of hepatitis A vaccine to people who were inoculated last summer in connection with an outbreak of the disease.

A health department spokesperson said a second dose of the vaccine or Immunoglobulin is recommended by the Centers for Disease Control and Protection, or CDC, six months or more after a first dose to provide the maximum protection available through immunization.

The people who should receive a second dose are those who consumed products originating from the McDonald’s restaurant in Milan, Ill., during July 2009.

The clinics will be 8 a.m. to noon and 1-4:30 p.m. on Thursdays this month: Feb. 4, 11, 18 and 25. They will be held at the Rock Island County Health Department, 2112 25th Ave., Rock Island. The clinics will be held on a walk-in basis, with no appointment needed.

The cost is $30, regardless of one’s county of residence; cash or check only (no debit/credit cards).

The original vaccinations were free because the shots were provided as a public health response to an outbreak and were administered to prevent illness in those possibly exposed to hepatitis A and to control the further spread of the disease. Since the second dose is not part of the outbreak response, there is a moderate charge to cover the cost of the vaccine itself. The department is not charging for administering the shots. The customary fee for a hepatitis vaccination at the health department would be $45.

In July 2009, there were two different injections administered, depending upon the client’s age. People through the age of 40 years received Hepatitis A vaccine. People 41 years and older received Immunoglobulin.

Those who received Immunoglobulin, not a first dose of hepatitis A vaccine, are encouraged to attend one of the Thursday clinics to receive their first dose of the vaccine. A small number of people received their first dose of vaccine from another health-care provider. They are welcome to attend health department clinics.

Illinois McDonald Hepatitis A Outbreak Report

McDonalds confirmed as link to Milan Hepatitis A Outbreak

The Illinois Health Department has released its investigation into this summer's hepatitis A outbreak. It concluded the source of most of cases was food eaten at the Milan McDonald's.

The first case of hepatitis A in the Quad city area was discovered last June. As we first reported back then, the first confirmed case of the liver illness was an employee at the Milan McDonald's. Over the next two months, a total of 34 confirmed hepatitis A cases were reported.

A state investigation has concluded most of the cases originated at the Milan McDonald's and most of the cases *would have been prevented* if only that one employee had properly washed hands.

The findings of the investigation by the Illinois Department of Public Health concludes "the index case was a food handler at the McDonalds in Milan, Illinois and had onset of illness June 11." Investigators also found "other possible sources in the community were ruled out."

And, "The source of the outbreak for the majority of outbreak cases was food eaten at the McDonalds, Milan, Illinois where a food handler worked while infectious and handled foods that were not later cooked."

The state investigation goes on to say that "if the first employee with hepatitis A had used proper hand-washing technique while working the transmission of hepatitis A through food would not have occurred."

And, "proper hand-washing by the index case would have prevented the majority of the cases in the community. Reporting of the index case by designated reporters before June 25 would have.. reduced the number of cases in the community."

Trinity Hospital pays Rock Island County $80,000 for Hepatitis A Outbreak

According to the Quad-City Times, Trinity Regional Health System has paid $80,000 to Rock Island County to help reimburse unanticipated expenses related to this past summer's hepatitis A outbreak.

Trinity Medical Center treated some of at least 32 patients who came down with the liver disease in July and August. The Rock Island County Health Department inoculated more than 5,324 area residents against the disease during vaccination clinics held in late July.

An investigation completed in early August by the Rock Island County Sheriff's Department concluded that Trinity Regional Health System and Metropolitan Medical Laboratory did not report cases of hepatitis A as promptly as required by law to the county health department, where the belated reports were not acted upon immediately because an employee was on vacation.

Milan McDonald's Stays On the Menu At Rock Island Courthouse

Quad Cities residents are not going to soon forget the Hepatitis A outbreak at the Milan McDonald’s.

An Alpha, IL couple, Nichole and John Shannon, became the latest to sue McDonald’s and Milan, IL franchise owner Kevin Murphy in Rock Island County Circuit Court late last week. Mrs. Shannon was hospitalized from July 11-17, tested positive for the Hepatitis A virus, and suffered from liver damage, according the lawsuit.

The Milan McDonald’s was closed July15-17 on orders from the Rock Island County Health Department. The department took the action when a second McDonald’s employee was diagnosed with Hepatitis A on July 15.

At least 32 people testing positive for Hepatitis A are now associated in the Milan McDonald’s outbreak.   Counties in both western Illinois and eastern Iowa have contributed to the count. Eighteen of those cases are from Rock Island County where the fast food burger joint is located.

In addition to the injured, 5,324 people who made the mistake of dining at the establishment took advantage of the health department’s offer for free vaccines, which can prevent sickness from occurring after exposure. 

Those exposed to the virus and got shots are part of a class action lawsuit that has also been filed.

"It's Possible This Outbreak Is Not Over"--30 Now Confirmed With Hepatitis A

 Another lawsuit on behalf of a customer sickened in the Milan McDonald’s outbreak was filed today in the Circuit Court of the Fourteenth Judicial Circuit of Rock Island County. The lawsuit was filed against McDonald’s Inc., and Kevin Murphy, the owner of the McDonald’s restaurant at 400 West First Street in Milan, IL, by Marler Clark, the Seattle-based foodborne illness law firm, and Craig Mielke of the Illinois firm of Foote, Meyers, Mielke & Flowers LLC. This is the second illness lawsuit; a class action lawsuit was also filed on behalf of restaurant patrons who had to get a shot to avoid illness.

The lawsuit is being brought by Karie Fiegel and her 14-year-old daughter, both of whom ate at the Milan McDonald’s in early June, 2009. Hepatitis A Virus (HAV) has an incubation period of 15-50 days, and it was not until early July that Ms. Fiegel fell ill with nausea, vomiting, fever, and jaundice. She sought medical care, but her symptoms only intensified, and she was admitted to the hospital where she remained for three days. In the hospital, tests revealed that she had been infected with HAV. Hepatitis infects the liver, and Ms. Fiegel’s liver enzymes were found to be elevated during her hospitalization. Although she has been released, her liver enzymes remain elevated.

Meanwhile, her daughter also began experiencing symptoms of HAV infection. The teenager was tested and also diagnosed with Hepatitis A.

“There are 30 confirmed cases of HAV,” said William Marler, the family’s attorney. “Given the incubation period of hepatitis A, it’s possible that the outbreak is not over, and we may see additional illnesses. It is very important for anyone who ate at the Milan McDonalds in June to monitor their health—and their family’s heath—very carefully.”

A food worker at the Milan McDonald’s had Hepatitis A, and a series of mistakes exposed as many as 10,000 restaurant patrons to the virus before the restaurant was closed and cleaned (it has since re-opened). A separate class action lawsuit was filed July 21 on behalf of those who had to get Immune Globulin (IG) shots after exposure to HAV at the Milan McDonald’s restaurant. Almost five thousand people have already received shots in mass clinics coordinated by the Rock Island County Health Department. Eligible individuals are still joining the class action suit.

Another Hepatitis Lawsuit Filed Against Illinois McDonald's - Third Legal Action in Outbreak Tied to Sick Food Worker

Another lawsuit on behalf of a customer sickened in the Milan McDonald’s outbreak was filed today in the Circuit Court of the Fourteenth Judicial Circuit of Rock Island County. The lawsuit was filed against McDonald’s Inc., and Kevin Murphy, the owner of the McDonald’s restaurant at 400 West First Street in Milan, IL, by Marler Clark, the Seattle-based foodborne illness law firm, and Craig Mielke of the Illinois firm of Foote, Meyers, Mielke & Flowers LLC. This is the second illness lawsuit; a class action lawsuit was also filed on behalf of restaurant patrons who had to get a shot to avoid illness.

The lawsuit is being brought by Karie Fiegel and her 14-year-old daughter, both of whom ate at the Milan McDonald’s in early June, 2009. Hepatitis A Virus (HAV) has an incubation period of 15-50 days, and it was not until early July that Ms. Fiegel fell ill with nausea, vomiting, fever, and jaundice. She sought medical care, but her symptoms only intensified, and she was admitted to the hospital where she remained for three days. In the hospital, tests revealed that she had been infected with HAV. Hepatitis infects the liver, and Ms. Fiegel’s liver enzymes were found to be elevated during her hospitalization. Although she has been released, her liver enzymes remain elevated.

Meanwhile, her daughter also began experiencing symptoms of HAV infection. The teenager was tested and also diagnosed with Hepatitis A.

“There are 26 confirmed cases of HAV,” said William Marler, the family’s attorney. “Given the incubation period of hepatitis A, it’s possible that the outbreak is not over, and we may see additional illnesses. It is very important for anyone who ate at the Milan McDonalds in June to monitor their health—and their family’s heath—very carefully.”

A food worker at the Milan McDonald’s had Hepatitis A, and a series of mistakes exposed as many as 10,000 restaurant patrons to the virus before the restaurant was closed and cleaned (it has since re-opened). A separate class action lawsuit was filed July 21 on behalf of those who had to get Immune Globulin (IG) shots after exposure to HAV at the Milan McDonald’s restaurant. Almost five thousand people have already received shots in mass clinics coordinated by the Rock Island County Health Department. Eligible individuals are still joining the class action suit.

Class Action Lawsuit Filed On Behalf Of Ten Thousand People May Have Been Exposed to Hepatitis A at Milan,IL McDonald's

 

A class action lawsuit was filed today in the Circuit Court of the Fourteenth Judicial Circuit of Rock Island County against McDonald’s Inc., and Kevin Murphy, the owner of the McDonald’s restaurant at 400 West First Street in Milan, Illinois. Marler Clark, the Seattle-based foodborne illness law firm, and the Illinois firm of Foote, Meyers, Mielke & Flowers LLC, filed the lawsuit on behalf of the named plaintiff, Cody Patterson, and all others who were forced to receive Immune globulin (IG) shots after being exposed to the hepatitis A virus (HAV) at the Milan McDonald’s.

An estimated 10,000 people were exposed to Hepatitis A at the Milan McDonald’s. If a person exposed to HAV can get a shot of IG within 14 days of exposure, they can avoid getting sick.

“This lawsuit is on behalf of the thousands of people who have to get IG shots because of exposure to Hepatitis A at McDonald's,” said William Marler, attorney on behalf of the plaintiffs. “These consumers chose McDonald’s in part because of the convenience, and now they have to wait hours in line or pay for a shot, and very likely miss work in order to do either one. Filing a class action suit on their behalf is a way to compensate them for the time, wage loss, and expense.”

“Our experience in handling large Hepatitis A exposures has allowed us to develop a system for helping as many people as possible recover for injuries sustained without the process being too taxing on individuals or the legal system,” continued Marler. “We filed a class action on behalf of the exposed who are able to avoid infection, and then help individuals who fall ill on a case by case basis.”

In 2007, Marler Clark represented members of a class action arising out of a hepatitis A outbreak at a Houlihan’s in Southern Illinois, where 3000 people received IG shots. Marler Clark represented 9000 people who received shots after a 2003 outbreak at a Pennsylvania Chi-Chi’s along with nearly 100 who became ill with HAV. The case of one individual resolved for $6,250,000. The firm also represented the state of Pennsylvania in recovering the cost of the investigation of the outbreak.

Marler Clark represented customers of Boston-area Quizno’s and Friendly’s Restaurant, both of which had HAV outbreaks in 2004. Additional HAV class action suits handled by Marler Clark include over 1,500 people who received shots after an HAV outbreak at D’Angeleo’s Deli in Massachusetts (2001) and 1,400 people after exposure at a Carl’s Jr. in Spokane, Washington (2000). Marler Clark has represented many victims who were unable to avoid infection and fell ill with HAV including suits against McDonald's, Subway and Taco Bell. The most recent group of cases involved those sickened at a San Diego-area Chipotle Grill in 2008.

Hepatitis A is a viral infection of the liver. The hepatitis A virus is commonly spread through the fecal-oral route, and symptoms include nausea, abdominal cramping, fatigue, and fever. In young children these symptoms can appear flu-like, but in some cases do not appear at all. Symptoms most often begin two to six weeks after exposure and can last several weeks. Preventative treatment (the IG shot) is only effective when administered within 14 days of exposure to the virus, after 14 days there is no treatment.

ABOUT MARLER CLARK: William Marler has been a major force in food safety policy in the United States and abroad. His food safety blog, Marler Blog, is read by over 1,000,000 people around the world every year. He and his partners at Marler Clark have represented thousands of individuals in claims against food companies whose contaminated products have caused serious injury and death. His advocacy for better food regulation has led to invitations to address local, national, and international gatherings on food safety, including recent testimony to US Congress Committee on Energy and Commerce. In 1998, Mr. Marler formed the not for profit, Outbreak Inc. He spends much of the year speaking on how to prevent foodborne illnesses.

Claims Settled In La Mesa's Chipotle Grill Hepatitis A 2008 Outbreak

 

In late April 2008, San Diego County health officials announced that a number of Hepatitis A (HAV)infections had been traced to a Chipotle Grill restaurant in La Mesa, California, near San Diego. Officials advised customers who had eaten at the restaurant between March 1 and April 22 that they might be at risk for infection. As of early May, more than twenty people who ate at the La Mesa restaurant have tested positive for HAV infection. Several of those victims contacted Marler Clark for assistance with their cases. All claims have been settled.
Hepatitis A is a food borne virus that can be passed by infected food handlers to consumers. The virus attacks the liver, and symptoms can include nausea, vomiting, abdominal cramps, dark urine, fever, chills, fatigue, body aches, loss of appetite, and later on, jaundice. In extreme cases, liver failure can result. The virus has a long incubation period, and symptoms may not appear for fifteen to fifty days.

 

Richard Miller - One Man's Hepatitis A Story

 In late October 2003, Beaver County ER doctors reported an alarming number of Hepatitis A cases.

Investigators from the Pennsylvania Department of Health initiated an investigation immediately and discovered that many, if not all, cases had eaten at Chi Chi’s restaurant in Monaca, Pennsylvania’s Beaver Valley Mall.

Along with the health department, the federal Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA) conducted further studies of the outbreak. Preliminary analysis of a case-control study suggested that green onions were the probable source of the outbreak.

The onions had been shipped to the restaurant in boxes and were stored and refrigerated in buckets of ice. They were eventually chopped up and served in various dishes at the restaurant, often uncooked, as in the preparation of mild salsa.

“Preliminary trace-back information indicated that the green onions supplied to Chi Chi’s had been grown in Mexico.” Ultimately, over 650 people were sickened in the outbreak. The victims included at least thirteen Chi Chi’s employees and numerous residents of six other states. Four people died from their injuries, and more than 9,000 people obtained immune globulin shots as protection against the virus.

This is the story of one of those cases (click below to see short quicktime video):

A Second Lawsuit Filed Against Chipotle Mexican Grill

A second Hepatitis A lawsuit was filed today against Chipotle Mexican Grill, Inc., in San Diego County Superior Court.

The complaint was filed on behalf of San Diego resident Rhonda Salgado, who was infected with Hepatitis A after eating food from the Chipotle Grill in La Mesa, California, between February and April 2008.

The lawsuit states Ms. Saldago developed symptoms of hepatitis A virus (HAV) infection on April 10, 2008 and required medical attention on multiple occasions including April 19, April 24, and May 1, 2008.

In the course of these visits, her blood tested positive for Hepatitis A. Ms. Salgado remains ill, and has not been able to return to work.

In late April 2008, San Diego County health officials announced that a number of HAV infections had been traced to the restaurant, located at 8005 Fletcher Parkway in La Mesa. Officials advised customers who had eaten at the restaurant between March 1 and April 22 that they might be at risk for infection.

Family files suit over Hepatitis A threat


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.

Class Action Lawsuit to be Filed Against Houlihan's Friday

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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Quizno's Hepatitis A Litigation

Quizno's Hepatitis A Litigation 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.

THE MAPLE LAWN DAIRY RESTAURANT HEP A OUTBREAK

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.

CHI-CHI'S BEAVER VALLEY MALL HEPATITIS-A OUTBREAK

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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THE SUBWAY HEPATITIS A OUTBREAK

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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2000 TACO BELL HEPATITIS A OUTBREAK

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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Lawsuit Filed in LA-Area Hepatitis A Outbreak Case

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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Hepatitis A Legal Cases

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.