---
title: Brinker faces 2 more lawsuits
date: 2004-06-28T23:14:00-07:00
author: admin
canonical_url: "https://marlerclark.com/news_events/brinker-faces-2-more-lawsuits"
section: Case News Additional
---
[All News](/news_events) / [](https://marlerclark.com/news_events) /

# Brinker faces 2 more lawsuits

 

 

  **Illness incident is 'not representative' of Chili's, spokesman says**Brinker International was named Monday in two more federal lawsuits over a salmonella outbreak a year ago at a Chili's Grill &amp; Bar in a Chicago suburb.

The outbreak sickened more than 300 diners and employees and hurt company sales in the Midwest.

The case is considered unusual because the Dallas-based company hasn't settled the litigation.

The company has pushed for mediation since last summer, a Brinker spokesman said, but a lack of documentation of the individual cases has delayed the talks.

The outbreak "is not representative of our brand's 29-year history," said Louis Adams, the Brinker spokesman. "We have a strong 29-year history of providing our guests with a safe and enjoyable dining experience."

The suits – the fifth and sixth filed by Seattle-based Marler-Clark LLP – allege that the plaintiffs were among the 276 patrons and 29 workers who suffered stomach ailments and flu-like systems after eating or working at the Vernon Hills restaurant between June 23 and July 1, 2003.

Salmonella bacteria can cause the sudden onset of problems including abdominal pain, diarrhea, fever, nausea and vomiting.

Nine hospitalized

At least nine people, including some of Marler-Clark's clients, were hospitalized. The plaintiffs in one of the recent suits became ill about a week before their wedding and were still ill during the ceremony and honeymoon, according to the suit.

Officials with the Lake County Health Department said a dishwashing sanitizer stopped working several days before the outbreak. The restaurant also continued to operate after losing first its hot water and then all water, the health department reported.

Both new suits – and three older suits – were filed in U.S. District Court in the Northern District of Illinois. The first was filed last July. A sixth suit was filed in state court in Lake County.

Recently closed

The restaurant, one of nearly 970 in the chain, was closed recently – one of 30 "older and underperforming" Brinker outlets shuttered. The outbreak led to slower sales growth in the Midwest last year, the company told analysts when it announced the closings.

The incident also was a factor in the decision to shut the restaurant down, Mr. Adams said.

Lawsuits following bouts with food-borne illness are nothing new.

Most companies, especially large ones with well-known brands, work to settle the cases quickly.

"Most restaurant chains are eager to get things like this off of the news pages," said Chuck Gross, principal with Denver-based Worden Gross Public Relations, which specializes in food-industry crisis communications.

"They want to take steps to protect their brand and move on. The more it lingers, the more damage it can do to their reputation."

Bill Marler, whose law firm filed the suits, said previous attempts to settle the matter have failed.

"We have a big disagreement with Brinker" over the settlement amounts, he said. "I think this case will, in fact, go to trial."

The suits seek compensatory and punitive damages but do not list an amount.

 

### Other Lawsuits

 [Clover Hill Dairy Cheese sickens 8 with Listeria](https://marlerclark.com/clover-hill-dairy-cheese-sickens-8-with-listeria)

 [18 Sick with Salmonella from Moringa Capsules](https://marlerclark.com/18-sick-with-salmonella-from-moringa-capsules)

 [Kebab Shop E. coli Outbreak Sickens Nine](https://marlerclark.com/kebab-shop-e-coli-outbreak-sickens-nine)

 [70 Sickened by Salmonella Cantaloupe](https://marlerclark.com/70-sickened-by-salmonella-cantaloupe)

 [Headcheese linked to Listeria illnesses in Illinois](https://marlerclark.com/headcheese-linked-to-listeria-illnesses-in-illinois)

 [Raw Farms linked to another Raw Milk Cheese E.coli Outbreak - 9 People sickened - Company refuses to recall product](https://marlerclark.com/raw-farms-linked-to-another-raw-milk-cheese-e-coli-outbreak-7-people-sickened)

 [Salmonella linked to Live it Up hits 97](https://marlerclark.com/salmonella-linked-to-live-it-up)

 [64 with Salmonella tied to Oysters](https://marlerclark.com/64-with-salmonella-tied-to-oysters)

 [Vega Farms Salmonella Outbreak Sickens 63](https://marlerclark.com/vega-farms-salmonella-outbreak-sickens-63)

 [By Heart Infant Formula tied to Botulism Outbreak spikes to 51](https://marlerclark.com/by-heart-infant-formula-tied-to-botulism-outbreak)

 [Green Supplement causes Salmonella Outbreak](https://marlerclark.com/green-supplement-causes-salmonella-outbreak)

 [10 with E. coli linked to Cheese](https://marlerclark.com/3-with-e-coli-linked-to-cheese)

 

 

 

### 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?

The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

 [ Get a free consultation ](https://marlerclark.com/contact) 

##### Related Resources

   

 

######  [E. coli](https://marlerclark.com/foodborne-illnesses/e-coli-landing) 

...

 

######  [E. coli Food Poisoning](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-food-poisoning) 

What is E. coli and how does it cause food poisoning? Escherichia coli (E. coli) is a highly studied, common species of bacteria that belongs to the family Enterobacteriaceae, so...

 

######  [E. coli O157:H7](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-o157h7) 

E. coli O157:H7 is a foodborne pathogen that causes food poisoning. E. coli O157:H7 is the most commonly identified and the most notorious Shiga toxin-producing E. coli (STEC) serotype in...

 

######  [Non-O157 STEC](https://marlerclark.com/foodborne-illnesses/e-coli/non-o157-stec) 

Non-O157 Shiga Toxin-Producing E. coli can also cause food poisoning. E. coli O157:H7 may be the most notorious serotype of Shiga toxin-producing E. coli (STEC), but there are at least...

 

######  [Sources of E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/sources-of-e-coli) 

Where do E. coli O157:H7 and non-O157 Shiga toxin-producing E. coli (STEC) come from? The primary reservoirs, or ultimate sources, of E. coli O157:H7 and non-O157 STEC in nature are...

 

##### Outbreak Database

   

#### Looking for a comprehensive list of outbreaks?

The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

 [ View Outbreak Database

  ](https://outbreakdatabase.com)
