Hepatitis Litigation

A resource for Hepatitis Outbreak Legal Cases sponsored by Marler Clark

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Hepatitis A outbreaks have been traced ingredients used at restaurants and to restaurant workers who did not practice proper hygiene

Hepatitis A outbreaks among restaurant patrons have been traced to food contamination by foodservice workers who are infected with hepatitis A, as well as to food items that were delivered to restaurants already contaminated, but were served raw so were never heated to a high enough temperature to kill the hepatitis A virus.

In 2008, San Diego County health officials announced that a number of hepatitis A (HAV) infections had been traced to a Chipotle Grill restaurant, located at 8005 Fletcher Parkway in La Mesa, California, near San Diego. Officials advised customers who had eaten at the restaurant between March 1 and April 22 they may be at risk for infection. By early May, more than 22 people who ate at the La Mesa Chipotle restaurant during the exposure period became ill and subsequently tested positive for infection with HAV. See Chipotle Grill Hepatitis A Litigation.

In 2004, a hepatitis A outbreak was traced to the Maple Lawn Dairy Family Restaurant in Elmira, New York. At least four people were confirmed ill with hepatitis A, including one man who developed fulminant hepatitis and died. Individuals who had eaten at the restaurant and had been exposed to the hepatitis A virus were encouraged to receive immune globulin injections to prevent infection. The Chemung County Health Department investigated the hepatitis A outbreak, and determined that a food worker was the source of the outbreak. The worker, who handled food items while infectious, was diagnosed with hepatitis A several weeks before the outbreak was announced. See Maple Lawn Dairy Hepatitis A Outbreak Litigation.

In November 2003, public health officials from the Pennsylvania Department of Health (PDOH), Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), and other state and local public health agencies joined to investigate a hepatitis A outbreak among patrons of a Chi-Chi’s restaurant in Monaca, Pennsylvania. Over 600 people became ill with hepatitis A infection during the outbreak; 124 were hospitalized, and four developed fulminant hepatitis A. Three of the four outbreak victims with fulminant hepatitis A died; one received a liver transplant and survived. All restaurant workers were tested, but none were identified who could have been the source of the outbreak. Investigators determined that green onions were the source of the hepatitis A outbreak and that they were contaminated before arrival at the restaurant. Investigators concluded that the inclusion of contaminated onions in large batches of salsa served to all customers contributed to the size of the outbreak. A trace-back of the green onions led to the conclusion that the implicated green onions were contaminated with hepatitis A virus before or during packing into shipping boxes on farms in northern Mexico. See Chi-Chi’s Hepatitis A Outbreak Litigation.

In 2001, the Massachusetts Department of Public Health (MDPH) investigated a hepatitis a outbreak among customers of two D’Angelo’s restaurants. The restaurant’s corporate office notified MDPH that a D’Angelo’s employee had been working while infectious with hepatitis A, and while MDPH and the Swansea Board of Health monitored the restaurant, they learned that seven individuals had become ill with hepatitis A infection several weeks after eating at the restaurant during the time period when the infected employee worked there. The investigation yielded a total of 53 cases meeting the outbreak case definition. An epidemiological analysis of the case interviews revealed an association between the hepatitis A illness and the consumption of food from D’Angelo’s. MDPH concluded, “This large outbreak of HAV was most likely caused by improper foodhandling while an ill employee was shedding hepatitis-A virus in his stool.” Two 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 HAV infections. Accordingly, patrons of Rudy’s received immune globulin injections to prevent infection with hepatitis A. Over 1,600 people received the injections. See D’Angelo’s Hepatitis A Outbreak Litigation”.

In 2000, the Florida Department of Health and Lake County Health Department (LCHD) investigated a hepatitis A outbreak among patrons of the Fruitland Park Taco Bell restaurant. While the Lake County investigation was ongoing, LCHD learned from the CDC that hepatitis A outbreak investigations were also underway in Russell County, Kentucky and Clark County, Nevada. Epidemiologic and environmental investigations and laboratory analysis implicated green onions served at Taco Bell locations in three states as the source of the hepatitis A outbreak. LCHD concluded, “[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.” See Taco Bell Hepatitis A Legal Cases.

  • Carl’s Jr. Hepatitis A Lawsuits

    Marler Clark’s hepatitis A lawyers represented four families in litigation against Carl’s Jr. after a hepatitis A outbreak was traced to a Spokane, Washington Carl’s Jr. restaurant in 2000.  In addition to the individuals who became ill with hepatitis A, the law firm represented all individuals who received Immune Globulin injections to prevent infection with hepatitis A in a class action lawsuit against Carl’s Jr. 

  • Chi-Chi’s hepatitis A outbreak litigation

    Marler Clark’s hepatitis A lawyers successfully resolved the claims of 78 victims of the hepatitis A outbreak linked to the Beaver Valley Mall Chi-Chi’s restaurant. In addition, On December 15, 2005, the US Bankruptcy Court in Delaware approved the proposed settlement of the class action on behalf of the approximately 9,300 persons who obtained immune globulin shots for immunization during the November 2003 hepatitis A outbreak associated with the Chi Chi’s restaurant in Beaver County, Pennsylvania. The $800,000.00 settlement fund was distributed amongst the 4,991 claimants who returned completed claim forms by the October 24, 2005, deadline.

  • Chipotle Grill Hepatitis A Litigation

    In late April 2008, San Diego County health officials announced that a number of Hepatitis A infections had been traced to a Chipotle Grill restaurant located at 8005 Fletcher Parkway in La Mesa (near San Diego, CA).  Officials advised customers who had eaten at the restaurant between March 1 and April 22 that they might be at risk for infection.  More than twenty people who ate at the La Mesa restaurant tested positive for Hepatitis Virus (HAV) infection.  Marler Clark represented victims of the outbreak in hepatitis A lawsuits against the restaurant.  All cases were resolved.

  • D’Angelo’s Hepatitis A Outbreak Litigation

    Marler Clark represented fifteen people who contracted hepatitis A after eating at D’Angelo’s in Massachusetts in claims against the restaurant. In addition, in February of 2004, a judge approved the settlement of a class-action lawsuit against D’Angelo’s Deli on behalf of people who received Immune Globulin (Ig) shots to prevent hepatitis A infection during an outbreak in 2000. 1,347 Swansea residents, all class members, received $200 payments, for a total of $270,000.

  • Friendly’s Hepatitis A Class Action Lawsuit

    In 2004, the Town of Arlington Board of Health issued a warning and call for people to receive shots after it was learned that an employee of the restaurant was infected with Hepatitis A.  Marler Clark brought a class action lawsuit against the restaurant, and reached a settlement with Friendly’s, and checks in the amount of $200 per person were mailed to those who opted into the Class Action lawsuit.

  • Houlihan’s Hepatitis A Lawsuit

    Marler Clark’s hepatitis A lawyers filed a class action lawsuit against Houlihan’s on behalf of all individuals who received Immune globulin injections as a preventive measure against hepatitis A.  The firm resolved the class action lawsuit in 2007.

  • Maple Lawn Dairy Hepatitis A Outbreak Litigation

    Marler Clark represented the family of Donald Rockwell, who had lunch at the Maple Lawn Dairy Family Restaurant on October 3, 2004. He was hospitalized with acute hepatitis A infection on November 3, 2004, and died of liver failure secondary to hepatitis A infection on March 13, 2005.

  • McDonald’s Hepatitis A Lawsuit (Washington State)

    In 1998, the Skagit County Health Department traced a hepatitis A outbreak to a McDonald’s restaurant in Mt. Vernon, Washington.  The outbreak’s source was a McDonald’s assistant manager who had worked while infected with hepatitis A and had contaminated food.  Marler Clark represented a woman who became ill with hepatitis A and was hospitalized several times as a result of her infection in a claim against McDonald’s.

  • Quizno’s Hepatitis A Class Action Lawsuit

    Marler Clark filed a class action against Quizno’s on behalf of all people who had been exposed to the hepatitis A virus and who had received immune globulin injections as a preventative measure on July 9, 2007. The class action has been resolved.

  • Subway Hepatitis A Lawsuits

    Marler Clark’s hepatitis A attorneys represented 29 people who became ill with hepatitis A in claims against Subway in 1999.  The law firm resolved the hepatitis A cases for $1.06 million.

  • Taco Bell Hepatitis A Legal Cases

    Marler Clark’s hepatitis A lawyers represented four people who became ill with hepatitis A infections after consuming contaminated green onions served at Taco Bell locations in Florida, Kentucky, and Nevada.  The law firm resolved all clients’ claims in 2006.