September 28, 2005
CONCORD, N.H. –A federal judge has thrown out a Derry family’s lawsuit claiming they got sick after eating at a Taco Bell where a worker was diagnosed with Hepatitis A.
Judge Joseph DiClerico said Friday that the family’s claim lacked evidence that the food they ate was infected, or that their suffering merited compensation.
DiClerico also pointed out no doctor ever told Wendy and John Evans, or their three children, that the symptoms they experienced were related to the food they ate at Taco Bell. He said they never sought medical care, even though they complained of suffering from nausea, stomach pains, diarrhea and other symptoms.

More than 2,000 people who worked at or ate at the Derry restaurant received inoculations in February 2004 after a worker was diagnosed with the liver disease.
The Evans family, who received the inoculations, sued Taco Bell in March 2004. They claimed they were infected because workers at the restaurant were working with food with their bare hands.
Hepatitis A is a liver disease that can be transmitted through contaminated food.