November 11, 2004
SEATTLE – The hepatitis A outbreak linked to an infected foodservice worker at a Chemung County restaurant provides further support for case in favor of mandatory hepatitis A vaccinations for all such workers. The Chemung County Health Department warned this week that at least three consumers contracted hepatitis A after eating at the Maple Lawn Dairy in Elmira between September 26 and October 10.
The average incubation period for hepatitis A infection is thirty days, but can be as long as fifty days. Preventive measures are only available for the two weeks after exposure to the virus; therefore, those patrons who ate at the Maple Lawn Dairy between September 26 and October 10 and were exposed to the virus should now be on the look-out for signs of hepatitis A infection.
“It seems that a month hardly passes without a warning from a health department somewhere that an infected food handler is the source of a potential hepatitis A outbreak,” said attorney William Marler, managing partner of Marler Clark. “The restaurant industry should act now, and require vaccination of its employees.”

The Centers for Disease Control (CDC) estimates that 83,000 cases of hepatitis A occur in the United States every year, and at least five percent of these cases are related to foodborne transmission. In 1999, over 10,000 people were hospitalized due to hepatitis A infections and 83 people died. Although the CDC has not called for mandatory vaccination of food service workers, it has repeatedly pointed out that the consumption of worker-contaminated food is a major cause of food borne illness in the United States.
Large, well-publicized hepatitis A outbreaks have become increasingly common in the restaurant industry, including outbreaks linked to green onions served at a Chi-Chi’s restaurant in Pennsylvania last year, and outbreaks linked to infected food workers at two Seattle Subway franchises, a Carl’s Jr. restaurant in Spokane, Washington, three restaurants in Northwest Arkansas, a large wedding party in Michigan, which resulted in a death, and a large outbreak caused by a deli, D’Angelo’s, in Massachusetts. Thousands of people are forced to receive Immune globulin injections to prevent infection every year.
“Absent vaccinations combined with an effective and rigorous hand washing policy, there will be more hepatitis A outbreaks,” added Marler. “And if there are more hepatitis A outbreaks, there are going to be more restaurants going out of business as a result.”
Marler Clark (www.marlerclark.com) has extensive experience representing victims of foodborne illnesses.
William Marler speaks frequently on issues of safe food. The Marler Clark law firm is also proud to sponsor several information-sites, including www.about-hepatitis.com, www.hepatitisblog.com, and www.foodborneillness.com.