PITTSBURGH Lawyers for hepatitis A victims sue 4 distributors of produce
Lawsuits against Chi-Chi's have been dropped.
PITTSBURGH (AP) -- A law firm representing a couple who became seriously ill during a recent hepatitis A outbreak has named four produce distributors in a lawsuit filed in federal court Monday.
Seattle law firm Marler Clark, representing some 80 people who contend they were infected with hepatitis A, also dropped its suit against the Chi-Chi's restaurant where victims ate before they were sickened.
Green onions have been linked to an outbreak that sickened more than 600 people and killed three who ate at the Mexican restaurant in Monaca, about 45 miles southeast of Youngstown.
"Last week, public health authorities determined that a shipment of contaminated green onions to a Chi-Chi's restaurant from an outside supplier was the source of this outbreak," said attorney William Marler. "For that reason, we have decided to dismiss the lawsuits against Chi-Chi's, and instead have filed a lawsuit against suppliers."
Named in suit
Three California distributors -- NewStar Fresh Foods in Salinas, Boskovich Farms in Oxnard, and Apio Fresh in Guadalupe -- were named in the suit filed in U.S. District Court for the Western District of Pennsylvania. Also named in the suit was Castellini Co., of Wilder, Ky.
Marler's law firm is representing Richard Miller, who remained in the hospital after undergoing a liver transplant. His wife also contracted the disease.
"We have filed suit against those growers and suppliers who had the opportunity to prevent this outbreak before it reached the Chi-Chi's restaurant and the Millers' lunch," Marler said.
Bob Whitaker, vice president for operations for NewStar Fresh Foods, said the California company was taken aback by the lawsuits because it does not buy produce from growers federal officials implicated in the outbreak.
Lawsuits against Chi-Chi's are not currently possible because the company is under Chapter 11 bankruptcy protection.
The Millers ate at Chi-Chi's on Oct. 12 and became sick about two weeks later. Miller's liver failed because of a severe hepatitis A infection, Marler said.
Miller was recently released from intensive care.
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