--- title: Viral outbreak prompts lawsuits date: 2007-12-26T22:58:00-08:00 author: Bill Marler canonical_url: "https://marlerclark.com/news_events/viral-outbreak-prompts-lawsuits" section: News --- [All News](/news_events) / [Case News](https://marlerclark.com/news_events/case-news) / # Viral outbreak prompts lawsuits February 16, 2006 MSU State News (MI) Melanie Thomas More than a dozen diners have filed lawsuits against Delta Township's Carrabba's Italian Grill after becoming ill during the Jan. 28-29 weekend. The class-action lawsuit, filed Monday in the Eaton County Circuit Court, alleges that Carrabba's management was negligent by requiring a sick employee to work and as a result, more than 400 people became sick, said attorney Greg Liepshutz of the Southfield-based law firm Levine Benjamin. "The managers created the problem themselves by making that cook work and he got everyone sick," Liepshutz said. In a press release, Carrabba's extended "sincere apologies to all those who regrettably became ill" and noted the illness was not caused by contaminated food. "We will vigorously ensure that the highest standards of food safety are maintained at all Carrabba's restaurants," the release stated. Norovirus, also known as Norwalk virus, causes nausea, stomach cramps, vomiting and diarrhea, which appear between 24 and 48 hours after eating infected food, said Eric Pessell, director of environmental health of the Barry-Eaton District Health Department. The health department has more than 430 complaints, Pessell said. A person with Norovirus symptoms is highly contagious and can contaminate food and dishes, he said. There is good indication the outbreak was caused by ill employees, Pessell said. Restaurants are checked twice a year, but Carrabba's will be watched more closely now, he said. "They have come up with a plan of action to prevent these types of things," Pessell said. "We have seen it and are going to make sure they are operating according to that." The plan includes making sure employees don't work while sick and practice good hygiene, Pessell said. There are no plans to shut down the restaurant, he said. This type of virus is not uncommon, but someone who has it shouldn't be working in a kitchen, Liepshutz said. The majority of Liepshutz's clients complained of severe cramping, vomiting and missing work because of illness, he said. "We're looking for compensation for lost wages, medical bills and how bad each client had it," Liepshutz said. He added that each client should receive between $3,000 and $4,000. Carrabba's insurance company, Wachovia Corp., offered some of Liepshutz's clients between $150 and $250 compensation. "They made some low-ball offers and that pissed people off," Liepshutz said. The virus didn't stop contaminating people at the restaurant doors, said Lansing resident Sharon M. Byers. Her 92-year-old mother ate at Carrabba's on Jan. 28, became "violently ill" less than 48 hours later. Byers herself became sick on Feb. 2. ### Other Norovirus Lawsuits [240 with Norovirus linked to Sushi Nine](https://marlerclark.com/240-with-norovirus-linked-to-sushi-nine) [Norovirus Outbreak Tied to Illinois Restaurant Monical's Pizza](https://marlerclark.com/norovirus-outbreak-tied-to-illinois-restaurant-monicals-pizza) [CDC now reports Norovirus Oyster Outbreak growing - 192 ill in United States](https://marlerclark.com/norovirus-outbreak-linked-to-raw-oysters-sickens-hundreds) [23 sickened in Norovirus Outbreak linked to Habit Burger Grill in Washington State](https://marlerclark.com/23-sickened-in-norovirus-outbreak-linked-to-habit-burger-grill-in-washington) [Arby's Norovirus Outbreak Sickens Nearly 100 People](https://marlerclark.com/arbys-norovirus-outbreak-sickens-nearly-100-people) [Norovirus Outbreak at Simi Valley Chipotle](https://marlerclark.com/norovirus-outbreak-at-simi-valley-chipotle) [Hartford City Subway Norovirus Outbreak](https://marlerclark.com/hartford-city-subway-norovirus-outbreak) [Bob Chinn's Crab House Norovirus Outbreak](https://marlerclark.com/bob-chinns-crab-house-norovirus-outbreak) [Valparaiso Jimmy John's Norovirus Outbreak](https://marlerclark.com/valparaiso-jimmy-johns-outbreak) ### 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 ###### [Norovirus Food Poisoning](https://marlerclark.com/foodborne-illnesses/norovirus/about-norwalk) What is Norovirus? When someone talks about having “the stomach flu,” they are probably describing acute-onset gastroenteritis caused by one of the noroviruses, which are members of the “calcivirus” family... ###### [Symptoms and Risks of Norovirus Infection](https://marlerclark.com/foodborne-illnesses/norovirus/norwalk-symptoms-risks) Norovirus causes a relatively short, intense illness characterized by nausea, vomiting, diarrhea, and abdominal cramping. The most common symptoms are sudden onset of vomiting and watery diarrhea, although stomach cramps... ###### [How is Norovirus Infection Diagnosed?](https://marlerclark.com/foodborne-illnesses/norovirus/norwalk-diagnosis) Norovirus can be detected in an infected person’s stool or vomit through laboratory testing. Diagnosis of norovirus illness is based on the combination of symptoms, particularly the prominence of vomiting... ###### [Treatment for Norovirus Infection](https://marlerclark.com/foodborne-illnesses/norovirus/norwalk-treatment) Norovirus typically resolves without treatment; however, dehydration is a concern. Collecting a stool sample and using molecular methods to find viral RNA is the preferred method to test for norovirus... ###### [Preventing Norovirus Infection](https://marlerclark.com/foodborne-illnesses/norovirus/norwalk-prevention) Norovirus infection can be prevented through attention to proper sanitation and cooking procedures. The role of food handlers has been documented substantially, highlighting that keeping ill food handlers out of... ##### 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)