On February 3, 2017, Underberg & Kessler LLP and Marler Clark LLP PS filed an action in New York Supreme Court, Monroe County against Golden Ponds Restaurant and Party House on behalf of Mary Fazio of Rochester, New York.  This follows an action filed in early January on behalf of Natalie Woods. In both actions, it is alleged that on Thanksgiving Day 2016, Golden Ponds served its patrons food contaminated with the bacteria Clostridium Perfringens, which is toxic to humans and potentially fatal to the elderly and those with pre-existing health conditions.  As widely reported, the Monroe County Department of Health closed Golden Ponds on November 25, 2016 after it discovered the food poisoning outbreak and linked it to the illnesses of approximately 260 people who dined at the restaurant.

Along with family and friends, Mary Fazio (who is 91 years old) ate at Golden Ponds on Thanksgiving Day 2016, was exposed to bacteria in her food, and soon thereafter fell ill. Her initial symptoms of nausea and severe cramping quickly progressed to bloody diarrhea requiring her hospitalization. Notwithstanding good medical care,  her health  continued to deteriorate.  Surgeons were required to remove Ms. Fazio’s colon.  It is expected she will be required to use a colostomy-bag appliance for the remainder of her life.  She currently resides in a long-term health care facility where she continues to fight for her health.

Underberg & Kessler LLP and Marler Clark LLP PS have been contacted by approximately 50 persons who sustained a variety of injuries as a result of their consumption of contaminated food at Golden Ponds.  They include three other individuals, like Ms. Fazio, who were hospitalized.  Still, others missed work days, incurred medical expenses, or otherwise suffered painful symptoms from having eaten toxic food.

Referencing a similar Clostridium Perfringens outbreak in California last year where three persons died, attorney Paul Nunes of Underberg & Kessler said “We are exceedingly fortunate that no deaths resulted from the Golden Ponds food poisoning outbreak.”

“Everyone has the right to expect that the food served at a public restaurant is free of deadly pathogens.  Food should be safe to eat.  This is a terrible tragedy for Ms. Fazio and her family”, said Bill Marler of Marler Clark.

Underberg & Kessler and Marler Clark have been representing victims of food borne illness for almost 20 years.  Notably, the firms prosecuted claims against the Brook Lea County Club following a salmonella outbreak at the club’s dining facilities.  Bill Marler of Marler Clark is one of the world’s leading experts in food borne illness litigation and lectures world-wide on the topic.