Today, the Marler Clark law firm received dozens of phone calls and email submissions inquiring about the class action lawsuit recently filed on Wednesday, August 17, 2011, against a Fayetteville, North Carolina Olive Garden. The lawsuit came after Cumberland County health officials discovered that an Olive Garden food service worker had tested positive for hepatitis A and had potentially exposed thousands of the restaurant’s patrons to the virus.

A recent press release from the Marler Clark law firm explains who may be eligible to be part of the class action lawsuit against a Olive Garden:

National food safety law firm Marler Clark filed a class action lawsuit against Olive Garden this week.  The lawsuit was filed on behalf of named plaintiff Claudia Prescott and all others who received Hepatitis A vaccinations or Immune globulin (Ig) injections in the wake of a Cumberland County Public Health Department announcement that patrons of the Fayetteville Olive Garden had been exposed to the hepatitis A virus after dining at the restaurant. 

According to the complaint, which was filed in Cumberland County Superior Court (File No. 11-CvS-7060) an employee who worked at the Fayetteville Olive Garden was infected with hepatitis A while working shifts at the restaurant in late July and early August, leaving diners possibly exposed to the virus. For public and personal safety reasons, many persons who consumed food or beverage at the Fayetteville Olive Garden on those dates were required to obtain an Ig injection or the hepatitis A vaccine to prevent infection with the potentially deadly hepatitis A virus. 

“Standing in line for hours and receiving an unwanted immunization is not commonly associated with a dinner out at Olive Garden,” said Marler Clark attorney David Babcock. “Hepatitis A is a vaccine-preventable disease.  If Olive Garden had required its employees to be immunized-or better yet, paid for employees to receive the hepatitis A vaccine, thousands of people would not have unnecessarily spent time and money protecting themselves from infection.”

WHO IS ELIGIBLE TO JOIN THE CLASS ACTION LAWSUIT

While the precise size of the class is yet unknown, attorneys for Marler Clark believe it may reach up to 3,000 people.  Anyone who received an immune globulin shot or hepatitis A vaccine as a result of consuming food or beverage at Olive Garden may be eligible to join the class.

BACKGROUND

Hepatitis A is the only common vaccine-preventable foodborne illness in the United States.  It is typically transmitted from person to person or via contaminated food or water.  Outbreaks are often associated with infected food handlers.  Symptoms may not occur for several weeks after exposure and may include abdominal discomfort, fever, malaise, muscle aches, and a yellowing of the skin called jaundice.  In rare cases, hepatitis A causes liver failure.

Marler Clark is the nation’s foremost law firm dedicated to representing victims of hepatitis A and other foodborne illnesses. The firm’s hepatitis A attorneys have unmatched hepatitis A litigation experience and have worked for victims in cases against such restaurants as Subway, McDonald’s, Carl’s Jr., and Chi-Chi’s among others.  For more information on this lawsuit or to speak with an attorney please contact (206) 346-1888 or visit http://www.marlerclark.com/olive-garden-class-action-fayetteville-nc/.

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Photo of Claire Mitchell Claire Mitchell

Claire received her J.D. degree from Hofstra University School of Law with a concentration in Energy and the Environment in May 2010. She received her B.A., majoring in English, from Villanova University, magna cum laude. During law school, Claire served as Articles Editor…

Claire received her J.D. degree from Hofstra University School of Law with a concentration in Energy and the Environment in May 2010. She received her B.A., majoring in English, from Villanova University, magna cum laude. During law school, Claire served as Articles Editor for the Hofstra Labor & Employment Law Journal, was elected President of the Legal Emergency Aid Project and elected Treasurer of Hofstra Law Women. She is currently pursuing an LL.M. degree in Food and Agricultural Law at the University of Arkansas School of Law. In August 2010, Claire was selected as the recipient of the Marler Clark Graduate Assistantship, part of a new public/private partnership that will allow the University of Arkansas School of Law to partner with leaders in the food and agricultural legal communities. Although she began the LL.M. Program in Fayetteville, Arkansas, Claire is now living in Seattle in order to devote more time to her work at Marler Clark and is completing her LL.M. degree through distance learning. In addition to her academic and professional commitments, Claire blogs on Food Poison Journal and has been published in the Food and Drug Law Institute’s Update and the American Agricultural Law Association’s Update.