SEATTLE, WA — A lawsuit was filed today on behalf of Patrick Faas, a Redmond, Washington resident who became ill with a foodborne illness in August, 2002, after eating at the Redmond Todai Restaurant located at 7548 164th Ave NE. Patrick, who was hospitalized in pediatric ICU at Children’s hospital in Seattle for five days, is represented by David Babcock of Marler Clark, the Seattle law firm nationally known for its representation of victims of foodborne illness.
The lawsuit, which is based on the Washington Product Liability Act, states that Todai owed a duty to the plaintiff to manufacture a product that was fit for human consumption, and alleges that the food Patrick consumed at the restaurant was adulterated. It cites a King County Health Department Restaurant Inspection Report dated August 15, 2002, three days after Patrick and other patrons at Todai became ill, that documents repeated critical health code violations at the restaurant.
“Patrick Faas was the innocent victim of Todai’s negligence,” said Babcock. “Todai management had been repeatedly warned by the Health Department to correct such things as food storage and holding temperatures and to properly maintain hand-washing facilities. But it took making customers seriously ill and the Health Department shutting the restaurant down to bring Todai into compliance.” The restaurant has since reopened.
Patrick first showed symptoms of foodborne illness – diarrhea, vomiting, and fever – two days after consuming the contaminated food, and was admitted to the Valley Medical Emergency Room. His symptoms worsened, and Patrick was transferred to a Pediatric Intensive Care Unit at Children’s Hospital. Here, doctors prepared to treat Patrick for hemolytic-uremic syndrome (“HUS”), a complication from E. coli O157:H7 infections that causes kidney failure. Fortunately, Patrick did not require dialysis, and he was discharged a few days later.
The lawsuit seeks damages for past and future medical and medical-related expenses, emotional distress, and loss of enjoyment of life. “Patrick Faas was a healthy, active kid before this infection. He was an avid soccer player and good student. Although he has gained strength, Patrick remained fatigued for several months, and is only now coming full circle in getting his appetite back,” Babcock concluded.
Marler Clark has extensive experience representing victims of all food-borne illnesses. William Marler represented Brianne Kiner in her $15.6 million settlement with Jack in the Box in 1993. In 1998, Marler Clark resolved the Odwalla Juice E. coli outbreak for five families whose children developed HUS and were severely injured after consuming contaminated apple juice for $12 million. Since 1993 Marler Clark has successfully resolved well over a thousand food-borne illness matters. Total recoveries exceed $75 million. Marler Clark is currently lead counsel in actions resulting from E. coli, Salmonella, Shigella, Listeria, Norwalk Virus or Hepatitis A outbreaks in several states. Marler Clark has also litigated on behalf of children against KFC, Bauer Meats, IBP, Excel, McDonalds, Hardees, Wendy’s, Subway, Sizzler, and Carl's Jr. Marler Clark recently secured a verdict of $4.75 million against a School District in Eastern Washington.