Shigella Lawyer & Attorney : Marler Clark : Shigella Blog

MARLER CLARK PRESS RELEASE

SAN DIEGO, CA (September 13, 2006) – A lawsuit was filed today against Filiberto’s, the Arizona restaurant chain whose restaurant located at 3446 University Avenue in San Diego was traced as the source of a food poisoning outbreak in late August, 2006. The lawsuit was filed in San Diego County Superior Court on behalf of Nicole Lewis, a San Diego resident who ate at the restaurant and subsequently became ill with Shigellosis, an illness caused by ingestion of the Shigella bacterium. Ms. Lewis is represented by Marler Clark, a Seattle law firm that has represented thousands of victims of foodborne illness, and Keeney, Waite & Stevens, a respected San Diego law firm.

On September 1, 2006, the San Diego County Health and Human Services Agency (SDHHS) and the San Diego County Department of Environmental Health announced that they were working together to investigate an apparent Shigella outbreak among customers who had eaten at the University Avenue Filiberto’s. The restaurant was closed on August 31, and according to a news release issued by SDHHS , at least ten people had become ill with apparent Shigella infections after eating at Filiberto’s in late August, three of whom were hospitalized.

According to the complaint, Ms. Lewis became ill with symptoms of Shigellosis the day after being exposed to the Shigella bacterium at Filiberto’s. She experienced painful abdominal cramping, vomiting, and diarrhea – all symptoms of Shigella infection. Ms. Lewis has missed weeks of work, as she has been unable to return to work since submitting a stool sample that cultured positive for Shigella.

“We filed this lawsuit because restaurants have a duty to serve food that is fit for human consumption,” said William Marler, attorney for Ms. Lewis. “Clearly, food contaminated with Shigella, a potentially deadly foodborne pathogen, does not fit that description.”

BACKGROUND: Marler Clark has represented thousands of victims of foodborne illness outbreaks. The firm recently filed a Shigella lawsuit against Gate Gourmet, Inc., a Honolulu, HI airline caterer that supplied Shigella-contaminated food for several airlines with flights departing Honolulu in August, 2004. See www.shigellalitigation.com for more information on Shigella litigation.

Contact Suzanne Schreck for more information about the lawsuit that was filed. sschreck@marlerclark.com or (206) 346-1879.

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ACCORDING TO THE SAN DIEGO UNION-TRIBUNE ON September 2, 2006:

The San Diego county health department has shut down a fast-food Mexican restaurant after 10 customers came down with a bacterial infection.  Filiberto's restaurant at 3446 University Ave. was closed Thursday and will remain closed until the health problems are addressed, the county Health and Human Services Agency said.

The agency said 10 customers who ate at Filiberto's Aug. 24-28 came down with what appears to be the food-borne bacteria Shigella, which causes fever, nausea, vomiting, diarrhea and abdominal pain. It is infectious.  Three of the 10 were hospitalized with serious symptoms, county public health officer Dr. Nancy Bowen said.

Shigella is a bacterium that can cause sudden and severe diarrhea (gastroenteritis) in humans. Shigellosis is the name of the disease that Shigella causes. The illness is also known as “bacillary dysentery.” Shigella bacteria can infect the intestinal tract after the ingestion of relatively few organisms. This is why shigellosis is the most communicable of the bacterial-induced diarrheas.

Marler Clark has been involved in litigation on behalf of victims of numerous Shigella outbreaks.  For more information on prior outbreaks, see http://www.marlerclark.com/news-shigella.htm.  We have been contacted by 2 of the 10 customers of this San Diego Shigella outbreak.

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UNION-TRIBUNE
September 2, 2006

CITY HEIGHTS – The county health department has shut down a fast-food Mexican restaurant after 10 customers came down with a bacterial infection.

Filiberto's restaurant at 3446 University Ave. was closed Thursday and will remain closed until the health problems are addressed, the county Health and Human Services Agency said.

The agency said 10 customers who ate at Filiberto's Aug. 24-28 came down with what appears to be the food-borne bacteria shigella, which causes fever, nausea, vomiting, diarrhea and abdominal pain. It is infectious.

Three of the 10 were hospitalized with serious symptoms, county public health officer Dr. Nancy Bowen said.

She said anyone with those symptoms who ate at the restaurant in that time period should go to a doctor. The symptoms typically begin within two days of exposure and last five to seven days.

“It is very important that anyone who may have been exposed and works in food handling, child care or health care stay home from work until they have been seen by their physician, so they do not spread the illness,” Bowen said.

–Pauline Repard

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County Health Officials Say 10 People Affected
Jermaine Ong
Web Editor

SAN DIEGO -- An outbreak of a food-borne illness has shut down a local restaurant, according to a press release from the San Diego County Health and Human Services Agency.

According to an HHSA release, 10 people have been diagnosed with symptoms of Shigella, a known food-borne illness. The 10 cases have been traced to the Filbertos restaurant on 3446 University Avenue, investigators said.

Investigators said they believe people eating at the restaurant between Aug. 24 and Aug. 28 may have been exposed to Shigella.

San Diego County Department of Health officials closed the restaurant on Aug. 31, and it will remain closed pending further investigation of any violations.

Symptoms of Shigella include fever, watery or bloody diarrhea, nausea, vomiting and abdominal pain. According to San Diego County Public Health Officer Nancy Bowen, symptoms usually begin within two days of eating or drinking infected items and usually last five to seven days.

HHSA investigators said although the Shigella outbreak was traced to Filbertos, the exact cause of the outbreak has not yet been determined.

The Centers for Disease Control and Prevention offers more information on Shigella on its Web site - www.cdc.gov. Also, see www.about-shigella.com

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Hand Washing Recommended

MCMINNVILLE, Ore. -- Yamhill County Public Health officials are investigating a large number of shigellosis cases.

Authorities say initial results show that the majority of people who have become ill ate at Tommys Restaurant in McMinnville between Jan. 23 and 27.

Officials say anyone who ate at Tommys in that time frame and is experiencing severe diarrhea with a fever should see their medical care provider immediately.

Shigellosis is caused by a bacterium and is spread when people consume contaminated food or water. The symptoms usually last for several days but can last for weeks.

The best way to prevent the spread of shigella bacteria is to wash your hands thoroughly with soap and warm water after using the bathroom or changing diapers.

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