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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 (, Marler Clark represented 72 victims of the Brook-Lea Country Club Salmonella outbreak in 2002. Dreyer Boyajian ( represented members of a class action lawsuit in litigation resulting from the E. coli O157:H7 outbreak at the Washington County Fair in 2000.

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More about the Seneca Lake State Park spraypark cryptosporidium outbreak can be found in the Case News area of this site.


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