--- title: "Chi-Chi's hepatitis A Outbreak Lawsuits" date: 2007-10-10T23:48:00-07:00 author: Bill Marler canonical_url: "https://marlerclark.com/news_events/chi-chis-hepatitis-a-outbreak" section: News --- [All News](/news_events) / [Case News](https://marlerclark.com/news_events/case-news) / # Chi-Chi's hepatitis A Outbreak Lawsuits Pennsylvania State health officials first learned of a potential HAV outbreak from emergency room doctors in Beaver County, who reported an unusually high number of [hepatitis A](https://marlerclark.com/foodborne-illnesses/hepatitis-a) cases in late October, 2003. Investigators from the health department began investigating the people who had fallen ill, and determined that the common thread for all was having eaten at the Chi Chi’s restaurant at the Beaver Valley Mall. Once the department isolated the restaurant as the probable source of the outbreak, Chi Chi’s closed the restaurant voluntarily and it remained closed for a number of weeks. Ultimately, over 650 confirmed cases, both primary and secondary, were linked to this outbreak. The victims included at least 13 employees of the Chi Chi’s restaurant, and numerous residents of six other states. Three persons died as a consequence of their hepatitis A illness. In addition, more than 9,000 persons who had eaten at the restaurant during the period of potential exposure, or who had been exposed to ill persons, obtained immune globulin shots as protection against the hepatitis A virus. The Pennsylvania Department of Health and the federal Centers for Disease Control and Prevention (CDC), along with the U.S. Food and Drug Administration (FDA), conducted further studies investigating the incident. Preliminary analysis of a case-control study indicated green onions were the probable source of this outbreak. The green onions were typically shipped to the restaurant in boxes, and stored and refrigerated in a bucket of ice. They were eventually chopped up, and utilized in food served at the restaurant, often uncooked, as in the preparation of the mild salsa. “Preliminary trace-back information indicated that the green onions supplied to Chi Chi’s had been grown in Mexico.” An increasing proportion of reported foodborne outbreaks have been linked to fresh produce. Previous hepatitis A outbreaks have been linked to green onions, and have involved patrons of a single restaurant. The outbreak at Chi Chi’s was unusually large, however. “Several characteristics of the way food was prepared and served in \[Chi Chi’s restaurant\] could have contributed to the outbreak’s size, including (1) multiple opportunities for intermingling of uncontaminated and contaminated green onions in a common bucket for 5 days with the ice in which they were shipped and (2) serving contaminated items with a relatively long shelf life (e.g., mild salsa) to a large proportion of patrons over several days.” The FDA issued a statement dated December 9, 2003, reaffirming that this outbreak, as well as others recently, was associated with eating raw or undercooked green onions. The investigation and trace-backs by the state health department, the CDC, and the FDA, confirmed that the source of the green onions in the outbreak had been traced to Mexico. Chi Chi’s had filed for Chapter 11 bankruptcy in U.S. Bankruptcy Court in Delaware on October 8, 2003, prior to the outbreak of illnesses. That Bankruptcy Court, by Order dated February 17, 2004, modified the automatic stay of proceedings against Chi Chi’s, to allow claimants to attempt to mediate and settle their claims, with the settlements to be primarily paid by Chi Chi’s insurers. The hepatitis A lawyers at Marler Clark successfully resolved the claims of 78 victims of the hepatitis A outbreak linked to the Beaver Valley Mall Chi-Chi's restaurant. On December 15, 2005, the US Bankruptcy Court in Delaware approved the proposed settlement of the class action on behalf of the approximately 9,300 persons who obtained immune globulin shots for immunization during the November 2003 hepatitis A outbreak associated with the Chi Chi’s restaurant in Beaver County, Pennsylvania. The $800,000.00 settlement fund was distributed amongst the 4,991 claimants who returned completed claim forms by the October 24, 2005, deadline. In foodborne illness disputes, it’s important to have a [food safety law firm](https://marlerclark.com/) you can trust. Marler Clark has years of experience helping clients win cases and settlements. Reach out today to learn more. > PRESS RELEASES:[Attorneys Call for Mandatory hepatitis-A Vaccinations for all Foodservice Workers](http://www.marlerclark.com/news/chichis2.htm "Attorneys Call for Mandatory hepatitis-A Vaccinations for all Foodservice Workers") > > [Lawsuit filed against Chi-Chi's on behalf of hepatitis-A victims](http://www.marlerclark.com/news/chichis4.htm "Lawsuit filed against Chi-Chi's on behalf of hepatitis-A victims") > > [Attorney for Hepatitis Victims Responds to Chi-Chi's Press Conference Announcement](http://www.marlerclark.com/news/chichis7.htm "Attorney for Hepatitis Victims Responds to Chi-Chi's Press Conference Announcement") > > [Two more lawsuits filed against Chi-Chi's in Hepatitis Case](http://www.marlerclark.com/news/chichis10.htm "Two more lawsuits filed against Chi-Chi's in Hepatitis Case") > > [Attorney for hepatitis victims cautions against assuming green onions are source of hepatitis outbreak](http://www.marlerclark.com/news/chichis16.htm "Attorney for hepatitis victims cautions against assuming green onions are source of hepatitis outbreak") > > [Outbreak: Chi-Chi's should have seen it coming and heeded warning signs, attorney says](http://www.marlerclark.com/news/chichis106.htm "Outbreak: Chi-Chi's should have seen it coming and heeded warning signs, attorney says") > > [Outbreak: FDA Findings Do Not Let Chi-Chi’s “Off the Hook,” Attorney Says](http://www.marlerclark.com/news/chichis105.htm "Outbreak: FDA Findings Do Not Let Chi-Chi’s “Off the Hook,” Attorney Says") > > [First Hepatitis A Lawsuit Filed Against Suppliers of Tainted Onions](http://www.marlerclark.com/news/chichis52.htm "First Hepatitis A Lawsuit Filed Against Suppliers of Tainted Onions") > > [Secondary cases of Hepatitis-A predictable, lawyer says](http://www.marlerclark.com/news/chichis75.htm "Secondary cases of Hepatitis-A predictable, lawyer says") > > [Hepatitis-A Victims' Attorneys Ask Bankruptcy Court to Lift Stay](http://www.marlerclark.com/news/chichis76.htm "Hepatitis-A Victims' Attorneys Ask Bankruptcy Court to Lift Stay") > > [New Hepatitis Litigation Site Provides Useful Resource for Victims Making Claims Against Chi-Chi's](http://www.marlerclark.com/news/chichis91.htm "New Hepatitis Litigation Site Provides Useful Resource for Victims Making Claims Against Chi-Chi's") > > [Two lawsuits filed against Chi-Chi's on behalf of hepatitis A outbreak victims](http://www.marlerclark.com/news/chichis99.htm "Two lawsuits filed against Chi-Chi's on behalf of hepatitis A outbreak victims") > > [Chi-Chi's class action settlement checks on the way; attorneys' fees donated to local high school foundation](http://www.marlerclark.com/news/chichis110.htm "Chi-Chi's class action settlement checks on the way; attorneys' fees donated to local high school foundation") More about the [Chi-Chi's hepatitis A outbreak](http://www.about-hepatitis.com/articles/chichis/chichis.htm "Chi-Chi's hepatitis A outbreak") can be found on the Marler Clark-sponsored site about hepatitis A. ### Other Hepatitis A Lawsuits [Washington and California Hepatitis A Outbreak linked to Imported Strawberries](https://marlerclark.com/washington-hepatitis-a-outbreak-linked-to-imported-strawberries) [Hepatitis A outbreak - Strawberries sicken 27 in Canada and United States](https://marlerclark.com/hepatitis-a-outbreak-strawberries-sicken-27-in-canada-and-united-states) [Gino's Ristorante & Pizzeria linked to Hepatitis A Outbreak](https://marlerclark.com/ginos-ristorante-pizzeria-linked-to-hepatitis-a-outbreak) [Famous Anthony's Hepatitis A Outbreak; 52 sick, 36 hospitalized and 4 deaths](https://marlerclark.com/hepatitis-a-outbreak-linked-to-roanoke-famous-anthonys-restaurants) [Los Angelos Hepatitis A Outbreak linked to 555 East American Steakhouse](https://marlerclark.com/los-angelos-hepatitis-a-outbreak-linked-to-555-east-american-steakhouse) [Marler Clark retained in Hepatitis A cases linked to Fresh Thyme or Woodman’s blackberries](https://marlerclark.com/marler-clark-retained-in-nebraska-hepatitis-a-case-linked-to-fresh-thyme-farmers-market-blackberries) [Mendham Golf & Tennis Club Hepatitis A Outbreak](https://marlerclark.com/mendham-golf-tennis-club-hepatitis-a-outbreak) [Hawaii Hepatitis A Outbreak Linked to Genki Sushi Restaurants](https://marlerclark.com/oahu-hepatitis-a-outbreak-investigation) [New Hawaii Sea Restaurant Hepatitis A Outbreak](https://marlerclark.com/new-hawaii-sea-restaurant-hepatitis-a-outbreak) [Townsend Farms organic frozen berries from Costco and Harris Teeter linked to hepatitis A outbreak](https://marlerclark.com/townsend-farms-organic-frozen-berries-from-costco-linked-to-hepatitis-a-out) [A Tom's Gyro Restaurant Employee Tests Positive for Hepatitis A in Idaho](https://marlerclark.com/a-toms-gyro-restaurant-employee-tests-positive-for-hepatitis-a-in-idaho) [Lone Star Steakhouse in Evansville, IN Linked to Hepatitis A Scare](https://marlerclark.com/evansville-in-restaurant-linked-to-hepatitis-a-scare) ### 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 ###### [Hepatitis A Food Poisoning](https://marlerclark.com/foodborne-illnesses/hepatitis-a/about-hepatitis) An Introduction to Hepatitis A Viral hepatitis is a major global public health problem affecting hundreds of millions of people and is associated with significant morbidity and mortality. Five biologically... ###### [The Incidence of Hepatitis A Infection](https://marlerclark.com/foodborne-illnesses/hepatitis-a/how-common-is-hepatitis-a-infection) How common is Hepatitis A infection? Hepatitis A incidence varies between regions and is much more common in countries with underdeveloped sanitation systems; thus, contracting hepatitis A is a risk... ###### [Transmission of Hepatitis A](https://marlerclark.com/foodborne-illnesses/hepatitis-a/how-does-hepatitis-a-spread) How does Hepatitis A spread? Hepatitis A is a communicable (or contagious) disease that is acquired primarily by the fecal oral route either from person to person or through contaminated... ###### [Symptoms of Hepatitis A Infection](https://marlerclark.com/foodborne-illnesses/hepatitis-a/hepatitis-symptoms-risks) What are the symptoms of Hepatitis A infection? Hepatitis A may cause no symptoms at all when it is contracted, especially in children. Asymptomatic individuals may only know they were... ###### [Complications of Hepatitis A Infection](https://marlerclark.com/foodborne-illnesses/hepatitis-a/hepatitis-complications) Fulminant hepatitis A, or acute liver failure, can be a complication of hepatitis A infection. Fulminant hepatitis A is a rare but devastating complication of HAV infection. As many as... ##### 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)