All News / Press Releases /

Class Action Lawsuit Filed Against Olive Garden in Fayetteville, NC

National food safety law firm Marler Clark filed a class action lawsuit against Olive Garden this week. The lawsuit was filed on behalf of named plaintiff Claudia Prescott and all others who received Hepatitis A vaccinations or Immune globulin (Ig) injections in the wake of a Cumberland County Public Health Department announcement that patrons of the Fayetteville Olive Garden had been exposed to the hepatitis A virus after dining at the restaurant.

According to the complaint, which was filed in Cumberland County Superior Court (File No. 11-CvS-7060) an employee who worked at the Fayetteville Olive Garden was infected with hepatitis A while working shifts at the restaurant in late July and early August, leaving diners possibly exposed to the virus. For public and personal safety reasons, many persons who consumed food or beverage at the Fayetteville Olive Garden on those dates were required to obtain an Ig injection or the hepatitis A vaccine to prevent infection with the potentially deadly hepatitis A virus.

“Standing in line for hours and receiving an unwanted immunization is not commonly associated with a dinner out at Olive Garden,” said Marler Clark attorney David Babcock. “Hepatitis A is a vaccine-preventable disease. If Olive Garden had required its employees to be immunized-or better yet, paid for employees to receive the hepatitis A vaccine, thousands of people would not have unnecessarily spent time and money protecting themselves from infection.”


While the precise size of the class is yet unknown, attorneys for Marler Clark believe it may reach up to 3,000 people. Anyone who received an immune globulin shot or hepatitis A vaccine as a result of consuming food or beverage at Olive Garden may be eligible to join the class.


Hepatitis A is the only common vaccine-preventable foodborne illness in the United States. It is typically transmitted from person to person or via contaminated food or water. Outbreaks are often associated with infected food handlers. Symptoms may not occur for several weeks after exposure and may include abdominal discomfort, fever, malaise, muscle aches, and a yellowing of the skin called jaundice. In rare cases, hepatitis A causes liver failure.

Marler Clark is the nation’s foremost law firm dedicated to representing victims of hepatitis A and other foodborne illnesses. The firm’s hepatitis A attorneys have unmatched hepatitis A litigation experience and have worked for victims in cases against such restaurants as Subway, McDonald’s, Carl’s Jr., and Chi-Chi’s among others. For more information on this lawsuit or to speak with an attorney please contact Cody Moore at 206-407-2200 or email

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
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