Norovirus Lawyer & Attorney : Marler Clark : Norovirus Blog

Brian Dooks
7/22/2006

AN EAST Yorkshire family whose Sea Princess cruise was cut short after passengers were struck down by the winter vomiting bug are among 100 holidaymakers who have begun legal action.

Mike and Frances Woodcock and their twin sons, Joshua and Samuel, then aged 10, from Fangfoss, near York, were on a seven-day Western European cruise at the end of May when the ship was forced to return to Southampton a day early ñ cancelling a stop in Lisbon.

On the same cruise a £5,000 dream wedding planned by Michelle and David Cordon, of Wakefield, was ruined when her father, Michael Wormald, 52, was so ill he only just made it to give the bride away and had to return to his cabin immediately.

Continue Reading...

• Print
• Share Link

Jul 16, 2006
Marler Clark
Suzanne Schreck
www.marlerclark.com

ROCHESTER, NY - A class action lawsuit filed against the State of New York Department of Parks, Recreation, and Historical Preservation was certified today. The class certification ruling allows all persons who became ill with Cryptosporidiosis and/or were otherwise damaged as a result of the Cryptosporidium outbreak at the Seneca Lake State Park Spraypark in 2005 to join the class and receive compensation for their injuries and economic damages. Attorneys from Marler Clark, Underberg & Kessler, and Dreyer Boyajian filed the motion requesting certification of the class in December.

"We are very pleased that the Judge ruled in favor of certifying the class action," said Paul Nunes, a partner in Underberg & Kessler. "This decision allows people who have not already filed claims to join the action now. We encourage those who have not yet filed a claim to contact us so they can become part of the class."

Continue Reading...

• Print
• Share Link

May 18, 2006

Bravo's back open for business. As they continue to work with the 360 people who got sick from a norovirus, the Italian restaurant is also trying to "compensate" those customers for their troubles. Restaurant officials say the numbers are lower than normal, but they were fully staffed Wednesday as they try to get back to business.

The doors are open, the food is out and the loyal customers are coming back.

Customer: "It was outstanding as always."

But things are not exactly back to normal. The restaurant acknowledges the slow start. They say they're fine with that for now, and told 6 News, "we have every expectation that our guests will return."

Continue Reading...

• Print
• Share Link

MSU food safety specialist files suit because of foodborne illness
By JUSTIN KROLL
The State News
May 17, 2006

An MSU food safety specialist, who was one of more than 360 to claim illness after eating at Bravo Cucina Italiana, filed a lawsuit against the restaurant.

Attorneys from Marler Clark, a firm based in Seattle, filed the suit in Ingham County Circuit Court on Monday. Specialist Patti McNiel claims that Bravo failed to properly maintain and monitor the sanitary conditions of the restaurant, which caused her to have physical and economical damages.

Regarding the lawsuit, the Bravo offices have said they are still deciding on the defense for the case and have decided to give no comment on that situation.

Continue Reading...

• Print
• Share Link

May 16, 2006
Associated Press

LANSING, Mich. ó A consultant who helps restaurants address food safety issues has sued the Columbus, Ohio-based company that owns Bravo Cucina Italiana.

Pattie McNiel, who coordinates Michigan State University's food safety program and who also runs her own consulting business, filed the suit Monday. She says she became ill after eating a carryout salad from the restaurant May 7.

McNiel said she decided to sue because she told a Bravo manager two months ago about several violations she had witnessed while eating there and doesn't believe he followed up on her recommendations.

Continue Reading...

• Print
• Share Link

--Midday update
Lansing State Journal
Christine Rook

Ingham County Health Department now suspects a norovirus is behind 360 illnesses linked to the Bravo Cucina Italiana eatery.

"That's where my suspicion lies right now," said department Medical Director Dr. Dean Sienko.

Three restaurant patrons have been hospitalized with dehydration, he said, and the outbreak appears to have spread to people in three states.

Specimens taken from multiple sick individuals are expected to yield lab results this afternoon, confirming whether norovirus is the culprit. The virus causes vomiting, diarrhea, nausea, a low-grade fever. It is transmitted by contact and can become airborne.

Continue Reading...

• Print
• Share Link

Bravo! Italian Cucina was sued Monday by a woman who suffered food poisoning after eating at the restaurant on May 7. The plaintiff is represented by Marler Clark, the Seattle law firm nationally recognized for the successful representation of foodborne illness. At least 360 people became ill with symptoms of foodborne illness after eating at the restaurant.

Continue Reading...

• Print
• Share Link

By Kevin Grasha
Lansing State Journal

A consultant who helps restaurants address food safety issues - and who said she became ill after eating at Bravo Cucina Italiana - has filed a lawsuit against the company that owns the restaurant.

The suit was filed Monday on behalf of Pattie McNiel, who coordinates Michigan State University's food safety program and who also runs her own consulting business.

McNiel became ill after eating a carryout salad from the restaurant on May 7 - the same afternoon she was working with another Ingham County restaurant that had been cited for violations.

Continue Reading...

• Print
• Share Link

Feb 17, 2006

Carrabba's Italian Grill of Delta Township is publicly apologizing for making more than 400 of its customers sick last month. Health officials say sick employees of Carrabba's caused an outbreak of norovirus.

It's a full page ad in the Lansing State Journal, where the president of Carrabba's Italian Grill extends sincere apologies to Lansing and urges victims of the illness outbreak to settle their claims with the restaurant's insurance company, and that's exactly what one woman who got sick says she's doing. Amy Paulis is back on her feet after she says dinner at Carrabba's Italian Grill literally brought her to her knees, unable to feel anything but sickness.

Continue Reading...

• Print
• Share Link

Seattle food safety expert and victimsí advocate has national reputation for success in food poisoning cases

LANSING, MI (February 13, 2006) ñ Marler Clark will file a lawsuit today against Carrabbaís Italian Grill, the Lansing restaurant that was the source of a Norovirus outbreak that sickened over 400 people in late January and early February, 2006. The lawsuit will be filed in Eaton County Circuit Court, on behalf of a Lansing resident who ate at the restaurant on January 31, 2006, and subsequently became ill with Norovirus.

ìIn this case, it looks like employees at Carrabbaís made egregious food safety violations, which contributed to the spread of Norovirus among patrons of the restaurant,î said William Marler, managing partner of Marler Clark. Marler has represented thousands of victims of major foodborne illness outbreaks across the country since 1993, when he represented the most severely injured survivors of the Jack in the Box E. coli O157:H7 outbreak.

Continue Reading...

• Print
• Comments
• Share Link

Tony Tagliavia
2/14/2006

If the customer is always right, a local restaurant is in some legal trouble.

Dave Durbin, of East Lansing, filed suit Monday against Carrabba's Italian Grill. He came down with norovirus after eating at the Delta Township restaurant more than two weeks ago.

Durbin says he lost two days' pay when he became violently ill after eating at the Italian chain. He claims Carrabba's could have prevented his missed work, lost pay, and the illness itself.

When Durbin ate at the Carrabba's on West Saginaw on January the 28th -- he didn't eat anything out of the ordinary.

Continue Reading...

• Print
• Share Link

Tony Tagliavia
February 12, 2006

More than 400 people contracted norovirus after eating at the Delta Township Carrabba's restaurant a couple of weeks ago. Now, a Detroit-area Lawyer is now looking for clients -- so they can sue the restaurant.

After 437 fell ill after dining at Carrabba's, the restaurant was cited for cleanliness violations and for allowing a sick employee to keep working.

Now, a Detroit-area attorney says the restaurant should be held legally responsible for so many coming into contact with the norovirus.

Continue Reading...

• Print
• Share Link

Suit claims man died after virus outbreak
By Vanessa Blum
Staff Writer
January 21 2006

The family of a 21-year-old Michigan man who died two days after returning from a weeklong Caribbean cruise has brought a class-action lawsuit against Miami-based Carnival Cruise Lines.

The suit, filed Wednesday in Miami federal court, seeks to recover $20 million on behalf of passengers who became ill on a January 2005 voyage of the Carnival Miracle.

According to the suit, several passengers developed flu-like symptoms after consuming food or water aboard the ship that was contaminated with the norovirus -- a type of virus that causes nausea, vomiting, and diarrhea.

Continue Reading...

• Print
• Share Link

October 14, 2005

SEATTLE--(BUSINESS WIRE)--Oct. 14, 2005--William Marler, a nationally-known attorney who has represented the most seriously injured victims of E. coli in the United States, today called on Dole's corporate leaders "to do the right thing and immediately pay the medical bills and wage loss of those sickened with E. coli in the Dole lettuce outbreak. In many past outbreaks, corporations have stepped up and taken care of the customers they poisoned," said Marler.

To date, twenty-three people in Minnesota have been sickened with E. coli, eight have been hospitalized, and one child developed HUS -- all from eating bagged, "pre-washed" lettuce. According to the FDA, more that 245,000 bags of lettuce may be affected nationwide. An alert and recall has been launched.

Continue Reading...

• Print
• Share Link

William Marler (Bill) is the managing partner in the law firm Marler Clark L.L.P., P.S. Since 1993, Bill has represented thousands of victims of E. coli, Salmonella, Hepatitis A, Listeria, Shigella, Campylobacter and Norovirus illnesses in over thirty States.

Food poisoning lawsuits against companies responsible for introducing contaminated food into our food supply have become the focus of Billís professional career as an attorney. Billís first client who was injured after consuming contaminated food was nine-year-old Brianne Kiner, who fell with an E. coli O157:H7 infection and Hemolytic Uremic Syndrome after eating a contaminated hamburger during the now-infamous Jack in the Box E. coli outbreak of 1993. Bill negotiated a $15.6 million settlement for Brianneís injuries, a record in the State of Washington for personal injury cases. He resolved several other cases from the Jack in the Box E. coli outbreak for over $2.5 million each.

Bill, known as the ìE. coli lawyer,î has since represented thousands of people sickened or killed in outbreaks of E. coli O157:H7 and other food borne pathogens, including Salmonella, Hepatitis, Shigella, Campylobacter, Norovirus, and Listeria. In 1998, he negotiated a reported $12 million settlement for the families of children who fell ill after drinking E. coli-contaminated apple juice sold by Odwalla; and in 2001, a jury awarded the families of eleven children Bill represented $4.6 million for the injuries they received during an E. coli outbreak traced to school lunch served at Finley Elementary School in Finley, Washington. He also resolved dozens of E. coli cases in 2003 related to one of the largest meat recalls in United States history. Bill recently settled an E. coli case for a young girl for $11 million. In addition, he has been lead counsel in litigation stemming from the following:

Seneca Lake State Park Cryptosporidium Outbreak

Dole Lettuce E. coli Outbreak

Sheetz Salmonella Outbreak

Paramount Farms Salmonella Outbreak

Sequoias Portola Valley E. coli Outbreak

Chi-Chi's Hepatitis A Outbreak

Gold Coast Produce E. coli Outbreak

Golden Corral Salmonella Outbreak

Habanero's E. coli Outbreak

Chili's Salmonella Outbreak

Peninsula Village E. coli Outbreak

Harmony Farms Salmonella Outbreak

Clarkston Quality Inn Salmonella Outbreak

KFC Salmonella Outbreak

Spokane Produce - E. coli Outbreak

Emmpak E. coli Outbreak

King Garden E. coli Outbreak

BJ's E. coli Outbreak

ConAgra E. coli Outbreak

Brook-Lea Salmonella Outbreak

Kunick Salmonella Outbreak

Western Sizzlin' Salmonella Outbreak

Shipley Sales Salmonella Outbreak

Regent Beverly Wilshire Hotel Norwalk Outbreak

Abbott Cheese Listeria Outbreak

Robeson School District E. coli Outbreak

Black Forrest Salmonella Outbreak n

Bauer Meat E. coli Outbreak

Malt-O-Meal Salmonella Outbreak

Golden Corral E. coli Outbreak

Sun Orchard Salmonella Outbreak

Subway Hepatitis A Outbreak

San Antonio Taco Salmonella Outbreak

Karl Ehmer E. coli Outbreak

Supervalu E. coli Outbreak

Linh's Bakery Salmonella Outbreak

McDonalds Hepatitis A Outbreak

China Buffet E. coli Outbreak

Royal Fork Shigella Outbreak

Kentucky Fried Chicken E. coli Outbreak

D'Angelo's Hepatitis A Outbreak

Viva Mexico Shigella Outbreak

Sizzler E. coli Outbreak

Carl's Jr. Hepatitis A Outbreak

Wendy's E. coli Outbreak

Senor Felix Shigella Outbreak

Excel E. coli Outbreak

Bill speaks frequently on issues of safe food and formed OutBreak, Inc., (see www.outbreakinc.com), a non-profit business dedicated to training companies on how to avoid food borne diseases. He has been chosen by the attorneys of the State of Washington as a ìSuper Lawyer,î he has an AV rating from Martindale-Hubbell, and is listed in the Bar Register of Preeminent Attorneys. He is married to Julie Marler and they have three daughters, Morgan, Olivia and Sydney. Bill is a past board member of the Washington State Trial Lawyers, a member of the board of directors of Bainbridge Youth Services, and a member of the Children's Hospital Circle of Care. He is involved in numerous other civic and political causes.

• Print
• Comments
• Share Link

September 13, 2005
By BRENDAN RILEY
ASSOCIATED PRESS

CARSON CITY, Nev. (AP) - The state Supreme Court was asked Tuesday to cancel a $25.2 million jury award to Reno Hilton guests who became violently ill during an intestinal virus outbreak in 1996.

Attorney David Frederick argued that Washoe District Court Judge Steven Elliott erred in not defining "despicable conduct" that would justify punitive damages. Lawyers for people stricken by the gastrointestinal virus said that conduct occurred when Reno Hilton supervisors hindered ill employees from taking sick leave.

Frederick also challenged Elliott's determination that the damages should be paid by Park Place Entertainment, which took over operation of the Reno Hilton after the Norwalk virus outbreak that caused more than 1,000 guests and employees to suffer from severe diarrhea and vomiting.

Continue Reading...

• Print
• Share Link

The Daily Texan - Top Stories
7/22/05
By Andrew B. Tran

Chipotle Mexican Grill, known for its enormous burritos, is being sued for causing someone to lose weight.

Thomas Engwall, a UT kinesiology graduate student, filed a lawsuit Tuesday against the Denver-based burrito chain, claiming the Chipotle on the Drag gave him food poisoning on June 16, 2004.

Engwall's attorney says he got sick and lost 20 pounds, which helped prevent Engwall from qualifying for the U.S. Olympic javelin team the following month.

Continue Reading...

• Print
• Share Link

Grand Rapids
May 26, 2005

Attorneys representing a Grand Rapids man filed a lawsuit Thursday against a Blimpie restaurant at the center of more than 100 cases of Norovirus.

A Kent County Health Department investigation found that an employee at the restaurant at 1040 Leonard Street NW infected 126 customers.

They became sick after eating food from the restaurant earlier this month.

The restaurant shut down for more than a week and disinfected everything.

A representative from Blimpie was not available for comment.

• Print
• Share Link

5/03/2005
By Glen Warchol
The Salt Lake Tribune
Salt Lake Tribune

A Utah surveyor is suing Chuck-A-Rama Buffet Inc., alleging he contracted a severe illness in 2002 at one of the chain's restaurants and lost his business as a result.

According to the suit filed Monday in 3rd District Court, Dana Peck attended a business lunch at the now-closed Highland Drive Chuck-A-Rama while the restaurant was the focus of a 2002 outbreak of a highly contagious virus. In November 2002, the Centers for Disease Control and Prevention (CDC) in Atlanta confirmed that several Chuck-A-Rama employees were infected with the hardy and highly contagious Norwalk virus. The virus inflicted more than 150 diners with diarrhea, vomiting and stomach pain.

Continue Reading...

• Print
• Share Link

Oregon: Si Casa Flores Norovirus Outbreak Litigation

At least 32 people became ill with Norwalk Virus (Norovirus) after eating at Si Casa Flores in Grants Pass, Oregon in early January, 2005. The Oregon Department of Human Services traced the outbreak to the restaurant after the outbreak was identified.

California: Regent Beverly Wilshire Hotel Norwalk Litigation

Marler Clark represented dozens of the nearly 200 guests at an Academy of Motion Pictures Award dinner. The outbreak was linked to lettuce served at the dinner. Most of the ill suffered vomiting, diarrhea, nausea and a low-grade fever.

• Print
• Comments
• Share Link

CNN
From Susan Candiotti
November 26, 2002

MIAMI, Florida--A class action lawsuit has been filed against Holland America Cruise Lines, seeking damages on behalf of more than 500 passengers and crew members who were sickened by the Norwalk virus on four recent Caribbean cruises aboard Holland's ship, the Amsterdam.

The complaint, filed Monday in Seattle where the company is headquartered, alleges that Holland America "knew or should have known" that its passengers could be infected with the highly contagious virus by not taking the ocean liner out of service while sanitizing the ship and eliminating the prospect of sickening more people.

Hundreds of passengers and crew members took ill with the virus on four consecutive sailings of the Amsterdam in October and November. After 68 people became ill during the last sailing, Holland America took the ship out of service last week.

Continue Reading...

• Print
• Share Link