--- title: Attorneys for Spraypark victims seek certification for class action lawsuit date: 2005-12-20T00:00:00-08:00 author: admin canonical_url: "https://marlerclark.com/news_events/attorneys-for-spraypark-victims-seek-certification-for-class-action-lawsuit" section: News --- [All News](/news_events) / [Press Releases](https://marlerclark.com/news_events/press-releases) / # Attorneys for Spraypark victims seek certification for class action lawsuit ROCHESTER, NY – Attorneys from Marler Clark, Underberg & Kessler, and Dreyer Boyajian filed a motion Friday for certification of a class action lawsuit against the State of New York Department of Parks, Recreation, and Historical Preservation. If the class action is certified, 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 would be eligible to join the class and receive compensation for their injuries and economic damages. The New York State Health Department shut down the Sprayground on August 15, 2005, after it was determined that the Sprayground’s water holding tanks, which were used to recycle water, were contaminated with Cryptosporidium. On August 26, the Health Department issued an update on its investigation into the outbreak, announcing that 3,297 cases of Cryptosporidium had been reported in 33 New York counties. Of those cases, 415 were confirmed cases reported to the State Health Department. Thirty-three people had been hospitalized with Cryptosporidiosis. Paul Nunes, a partner in Underberg & Kessler, spoke in favor of class certification, saying, “Class certification is the best way for both plaintiffs and defendants to conserve resources and resolve claims in a timely manner. Unless the class is certified, the courts will be unnecessarily burdened with expensive litigation that could go on for years.” Bruce Clark, a partner at Marler Clark, agreed. “In the long run, the State of New York as well as the victims of this preventable tragedy will benefit by having this whole matter resolved in one Court with all interested parties involved.” “Class certification makes sense not only from a legal perspective, but also from a taxpayer’s perspective,” added Donald Boyajian, a partner in Dreyer Boyajian. Marler Clark has represented thousands of victims of bacterial, viral, and parasitic illness since 1993. The firm is currently litigating food borne illness cases involving E. coli, Salmonella, Shigella, Listeria, Cryptosporidium, Norovirus, and Hepatitis A. Together with Underberg & Kessler (www.underbergkessler.com), Marler Clark represented 72 victims of the Brook-Lea Country Club Salmonella outbreak in 2002. Dreyer Boyajian (www.dreyerboyajian.com) represented members of a class action lawsuit in litigation resulting from the E. coli O157:H7 outbreak at the Washington County Fair in 2000. For further information, please visit [](http://www.cryptosporidiumblog.com/ "www.CryptosporidiumBlog.com")[www.CryptosporidiumBlog.com](http://www.CryptosporidiumBlog.com). More about the [Seneca Lake State Park spraypark cryptosporidium outbreak](http://www.marlerclark.com/case_news/view/seneca-lake-state-park-spraypark-cryptosporidium-outbreak "Seneca Lake State Park spraypark cryptosporidium outbreak") can be found in the Case News area of this site. ### Lawsuit updates about foodborne illnesses [Reactive Arthritis Lawsuit Updates](/news_events/case-news?illness=reactive-arthritis&year=all) [E. coli Lawsuit Updates](/news_events/case-news?illness=e-coli&year=all) [Guillain-Barre Syndrome Lawsuit Updates](/news_events/case-news?illness=guillain-barre-syndrome&year=all) [Salmonella Lawsuit Updates](/news_events/case-news?illness=salmonella&year=all) [Hemolytic Uremic Syndrome Lawsuit Updates](/news_events/case-news?illness=hemolytic-uremic-syndrome&year=all) [Listeria Lawsuit Updates](/news_events/case-news?illness=listeria&year=all) [Irritable Bowel Syndrome Lawsuit Updates](/news_events/case-news?illness=irritable-bowel-syndrome&year=all) [Hepatitis A Lawsuit Updates](/news_events/case-news?illness=hepatitis-a&year=all) [Norovirus Lawsuit Updates](/news_events/case-news?illness=norovirus&year=all) [Botulism Lawsuit Updates](/news_events/case-news?illness=botulism&year=all) [Campylobacter Lawsuit Updates](/news_events/case-news?illness=campylobacter&year=all) [Shigella Lawsuit Updates](/news_events/case-news?illness=shigella&year=all) [Cyclospora Lawsuit Updates](/news_events/case-news?illness=cyclospora&year=all) ### Lawsuits updates by year [Foodborne Illness Lawsuits in 1998](https://marlerclark.com/news_events/case-news?illness=all&year=1998) [Foodborne Illness Lawsuits in 1999](https://marlerclark.com/news_events/case-news?illness=all&year=1999) [Foodborne Illness Lawsuits in 2000](https://marlerclark.com/news_events/case-news?illness=all&year=2000) [Foodborne Illness Lawsuits in 2001](https://marlerclark.com/news_events/case-news?illness=all&year=2001) [Foodborne Illness Lawsuits in 2002](https://marlerclark.com/news_events/case-news?illness=all&year=2002) [Foodborne Illness Lawsuits in 2003](https://marlerclark.com/news_events/case-news?illness=all&year=2003) [Foodborne Illness Lawsuits in 2004](https://marlerclark.com/news_events/case-news?illness=all&year=2004) [Foodborne Illness Lawsuits in 2005](https://marlerclark.com/news_events/case-news?illness=all&year=2005) [Foodborne Illness Lawsuits in 2006](https://marlerclark.com/news_events/case-news?illness=all&year=2006) [Foodborne Illness Lawsuits in 2007](https://marlerclark.com/news_events/case-news?illness=all&year=2007) [Foodborne Illness Lawsuits in 2008](https://marlerclark.com/news_events/case-news?illness=all&year=2008) [Foodborne Illness Lawsuits in 2009](https://marlerclark.com/news_events/case-news?illness=all&year=2009) [Foodborne Illness Lawsuits in 2010](https://marlerclark.com/news_events/case-news?illness=all&year=2010) [Foodborne Illness Lawsuits in 2011](https://marlerclark.com/news_events/case-news?illness=all&year=2011) [Foodborne Illness Lawsuits in 2012](https://marlerclark.com/news_events/case-news?illness=all&year=2012) [Foodborne Illness Lawsuits in 2013](https://marlerclark.com/news_events/case-news?illness=all&year=2013) [Foodborne Illness Lawsuits in 2014](https://marlerclark.com/news_events/case-news?illness=all&year=2014) [Foodborne Illness Lawsuits in 2015](https://marlerclark.com/news_events/case-news?illness=all&year=2015) [Foodborne Illness Lawsuits in 2016](https://marlerclark.com/news_events/case-news?illness=all&year=2016) [Foodborne Illness Lawsuits in 2017](https://marlerclark.com/news_events/case-news?illness=all&year=2017) [Foodborne Illness Lawsuits in 2018](https://marlerclark.com/news_events/case-news?illness=all&year=2018) [Foodborne Illness Lawsuits in 2019](https://marlerclark.com/news_events/case-news?illness=all&year=2019) [Foodborne Illness Lawsuits in 2020](https://marlerclark.com/news_events/case-news?illness=all&year=2020) [Foodborne Illness Lawsuits in 2021](https://marlerclark.com/news_events/case-news?illness=all&year=2021) [Foodborne Illness Lawsuits in 2022](https://marlerclark.com/news_events/case-news?illness=all&year=2022) [Foodborne Illness Lawsuits in 2023](https://marlerclark.com/news_events/case-news?illness=all&year=2023) [Foodborne Illness Lawsuits in 2024](https://marlerclark.com/news_events/case-news?illness=all&year=2024) [Foodborne Illness Lawsuits in 2025](https://marlerclark.com/news_events/case-news?illness=all&year=2025) [Foodborne Illness Lawsuits in 2026](https://marlerclark.com/news_events/case-news?illness=all&year=2026) ##### Get Help #### Affected by an outbreak or recall? 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