Marler Clark Amends Class Action Against Carl's Jr. To Add Named Plaintiff Who Received Injection


SPOKANE, WASH. - The class action lawsuit filed last week in Spokane County Superior Court against a Carl’s Jr. was amended to add a named plaintiff, Mr. Gabe Julian. Mr Julian did not become ill, but was required to receive an Immune Globulin (IG) shot after he ate a sandwich purchased at the Carl’s Jr. located at 707 W 3rd Avenue in early February 2000.

“Mr. Julian was added as a named plaintiff because Carl’s Jr. refused to pay his one day of lost wages for the time he spent getting the IG shot. Even Odwalla and Jack in the Box were not as uncaring and shortsighted as Carl’s Jr. is being. If your business causes someone to be forced to seek medical care, you should step up a pay people’s expenses,” said William Marler, attorney for the Class.

According to the Spokane Regional Health District, approximately 1300 doses of immune globulin treatment have been administered in the county since the initial exposure in late-January/early-February of this year. An investigation by the Spokane Regional Health District determined the likely source of the outbreak to be the Carl’s Jr. franchise. Hepatitis A is a viral infection of the liver that is caused by the Hepatitis A virus. The virus is most commonly spread through contact with human stool. Symptoms include nausea, cramping, fatigue and fever. In young children these symptoms can appear flu-like, but in some cases do not appear at all. Symptoms most often begin two to six weeks after exposure and can last up to two weeks. Preventative treatment is only effective when administered within 14 days of exposure to the virus. After 14 days there is no treatment. However, Hepatitis A can be prevented by vaccination prior to exposure.

The CDC reports that about 22,700 cases of Hepatitis A occur in the United States annually. Contamination of foods by infected workers in food processing and restaurants is a common source of outbreaks. Prevention is best done through washing hands with soap and warm running water after using the toilet, changing diapers, and before preparing or eating food.

Marler Clark has been involved in hundreds of cases involving foodborne bacteria. These have included the 1993 Jack in the Box E. coli outbreak; the 1996 Odwalla E. coli outbreak; the 1998 Malt-O-Meal Salmonella outbreak; the 1998 Finley School District E. coli outbreak in the Tri-cities, Washington; the 1999 Sun Orchard orange juice Salmonella outbreak; and the 1999 Subway Sandwhich Hepatitis A outbreak.

For additional information see the Marler Clark sponsored Web sites about hepatitis A and about hepatitis A litigation.

More about the Carl's Jr. hepatitis A outbreak can be found in the Case News area of this site.