Legal Services

Marler Clark has extensive experience representing victims of foodborne illness. In 1993, William Marler represented HUS survivor Brianne Kiner in her $15.6 million E. coli settlement with Jack in the Box. Since that time, Marler Clark has represented thousands of individuals, mostly children, in litigation resulting from consumption of contaminated food and water, as well as exposures to contaminated swimming pools, petting zoos, and other recreational environments.

Marler Clark has brought claims on behalf of victims of hepatitis A outbreaks traced to contaminated green onions, sandwiches, and infected food workers. The firm has litigated foodborne illness cases against the meat producers, fresh produce firms, restaurants, supermarkets, and other entities responsible for outbreaks. Below is a list of hepatitis A outbreak and exposure cases Marler Clark has been involved in. The links will take you to the Marler Clark Web site, where you can read more about the outbreaks and about Marler Clark.

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

The Spokane Regional Health District (SRHD) received a confirmed report of hepatitis A in a food handler employed at the Carl's Jr., Restaurant on February 16, 2000. Health Department staff sent out a public notice, and encouraged any person who consumed food at Carl's Jr. on days the food handler worked to receive IG treatment.

Marler Clark represented several people who contracted hepatitis A after eating at Carl's Jr. as well as those who received Immune Globulin shots to prevent infection.

Chi Chi's Hepatitis A Outbreak - Pennsylvania

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 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. 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 represented many of the approximately 300 victims who were seeking compensation from Chi-Chi's and four companies that supplied the green onions.

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

D'Angelo's Hepatitis A Litigation - Massachusetts

On November 20, 2002, the Massachusetts Department of Public Health (MDPH) was notified of seven confirmed hepatitis A cases in the area. All local boards of health were notified, and an investigation of a hepatitis A outbreak linked to two D'Angelo's Delis began. Ultimately, the investigation yielded a total of 53 cases meeting the outbreak case definition.

Two of the confirmed cases were food workers employed at Rudy's Country Store. Both employees had eaten at the Swansea D'Angelo's three to four weeks prior to the onset of their respective symptoms. Both of the Rudy's employees who tested positive had contact with food served to customers.

Approximately 1600 persons obtained Immune Globulin shots to prevent hepatitis A infection. No hepatitis A cases were linked to the consumption of food sold at Rudy's.

Friendly's Hepatitis A Litigation - Massachusetts

Marler Clark 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.

Maple Lawn Dairy Hepatitis A Litigation: New York

A hepatitis A outbreak in Chemung County, New York was traced to food served at the Maple Lawn Dairy Family Restaurant in October, 2004. One man died after suffering from liver failure and several secondary infections while at Strong Memorial Hospital in Rochester, where he stayed for months before his death.

McDonald's Hepatitis A Litigation - Washington

Marler Clark represented 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.

Quizno's Hepatitis A Litigation - Massachusetts

A Boston Quizno's employee was diagnosed with hepatitis A in June, 2004. Upon notification of the potential for a hepatitis A outbreak, the Boston health department advised consumers who had eaten at the Quizno's Subshop located at 74 Summer Street in Boston to receive Immune globulin shots to prevent infection.

Marler Clark filed a Class Action lawsuit against Quizno's on July 9, 2004. The lawsuit was filed on behalf of all persons who were required to be inoculated against hepatitis A following possible exposure to the virsus at the Quizno's restaurant.

A questionnaire the attorneys will use in evaluating claims brought by persons who received Ig shots to prevent infection with the hepatitis A virus are available here to be downloaded, filled out, and mailed to us at www.hepatitislitigation.com.

Silver Grill Location Catering Hepatitis A Litigation - California

In September, October, November, and December of 2005, Los Angeles County witnessed a significant increase in reported hepatitis A illnesses among its residents. Investigations by state and local health agencies identified at least three point-source hepatitis A outbreaks:

The first point-source outbreak was at a Mexican restaurant on Olivera Street, Los Angeles, California. Fifteen people suffered confirmed hepatitis A infections after consuming contaminated food at the restaurant on September 14, or 15, 2005. Two individuals were hospitalized as a result of their illnesses.

The second point-source outbreak occurred among cast and crew on a movie set in north Hollywood. During their investigation into the outbreak, health officials identified October 3, 2005, as the date that the cast and crewmembers were exposed to hepatitis A-contaminated food. Catering services were provided by Defendant Silver Grill Catering, and others.

The third point-source outbreak occurred in late November 2005 at an upscale Los Angeles restaurant on West Fifth Street. At least four of the restaurant's workers were found to have been ill during the exposure period. The health department advised people who had dined at the restaurant during the exposure period to receive immunization injections to protect against illness.

Marler Clark filed a lawsuit against Silver Grill Catering, and has been contacted by several more individuals who became ill after eating hepatitis A-contaminated lettuce, which was ultimately determined to be the source of the three point-source hepatitis A outbreaks.

Subway Hepatitis A Litigation - Washington

In mid-October, 1999, health officials in King and Snohomish counties became aware of a hepatitis A outbreak. By November 5, 1999, the outbreak was traced to two Subway Sandwich outlets.

It is estimated that over 40 persons became ill as a result of eating contaminated food sold at the two Subway outlets implicated in the September 1999 hepatitis A outbreak.

Marler Clark represented individuals who became ill with hepatitis A infections after eating foods from the Subway outlets. The firm also filed a class action lawsuit on behalf of all people who were forced to receive Immune Globulin shots to prevent infection after they were exposed to the virus at Subway.

Taco Bell Hepatitis A Litigation - Florida

In early December, 2000, the Lake County, Florida, Health Department (LCHD) notified the Florida Department of Health of a potential hepatitis A outbreak in Lake and Sumter counties. At least 23 people were identified as having suffered hepatitis A infections after eating at Taco Bell locations, and health officials concluded that green onions were the likely vehicle for transmission of the hepatitis A virus.

The LCHD further concluded that "[a]lthough most foodborne outbreaks of hepatitis A are due to food contaminated by an infected food preparer, we believe the ingredients were contaminated prior to arrival at the outlet in this outbreak. . . . The most likely contaminated ingredient is green onion."

Marler Clark represented three individuals who contracted hepatitis A after eating at Taco Bell in claims that stemmed from the Taco Bell hepatitis A outbreak.

To learn more about Marler Clark and our efforts on behalf of hepatitis A victims, visit http://www.marlerclark.com/news-hepatitis.htm.