MIAMI – The hepatitis A outbreak linked to an infected foodservice worker at the Church’s Chicken in Miami provides further support for case in favor of mandatory hepatitis A vaccinations for all such workers. The Miami-Dade County Health Department warned this week that thousands of people may have been exposed to hepatitis A as a result of eating at the Church’s located on Northwest 54th Street and 27th Avenue.
In light of this latest outbreak, the food safety attorneys at Marler Clark, a Seattle law firm nationally recognized for the successful representation of foodborne illness victims, once more renew their plea to the restaurant industry to voluntarily vaccinate all employees against hepatitis A.

“Although last year’s major outbreaks were linked to contaminated green onions, 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. “At some point, if the industry does not act and vaccinate food workers against hepatitis A on its own, it is going to face a law that requires restaurants to do so.”
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 an 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.
“Absent vaccinations and an effective and rigorous hand washing policy, there will be more outbreaks,” added Denis Stearns a partner with Marler Clark. Marler Clark obtained a $1.06 million settlement on behalf of 29 persons who were infected with hepatitis A after eating contaminated food at two Seattle Subway Sandwich franchises. “And if there are more 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.
Denis Stearns and William Marler write and speak frequently on issues of safe food. The Marler Clark law firm is also proud to sponsor several information-sites, including www.about-hepatitis.com and www.foodborneillness.com. For further information, contact Suzanne Schreck at 1-800-884-9840 or sschreck@marlerclark.com.
May 25, 2004