Health Department Sued

2/22/2005
Sean Carroll
Elmira, NY

A lawsuit has been filed against the Chemung County Health Department. The suit claims the health department failed to act immediately when it learned about a reported case of Hepatitis A. Three men who say they caught Hepatitis A after eating at the Maple Lawn Family Restaurant in the Town of Ashland between October 10th and mid-November.

The civil lawsuit filed in Chemung County Court in December claims the health department was negligent and that that caused Stephen Glidden, Donald Rockwell, and James Russ to contract the virus. Jim Reed is the attorney for the three men and says that at this time Maple Lawn is not being sued by his clients.

The suit gives no dollar-amount for damages, simply leaving that up to a court's ruling. The County Health Department is not allowed to comment on the lawsuit, but a spokesman says a total of 13 people contracted Hepatitis A after eating at the Maple Lawn Family Restaurant last year. One worker at the restaurant was diagnosed with the disease. The restaurant did pass a total of 7 health inspections conducted since mid-October, the most recent coming on February 3rd, 2005.

Maple Lawn General Manager Jamie Brand-Fortier says she notified the health department as soon as she learned her worker had Hepatitis A. Brand-Fortier says the health department acted immediately once she told them.