280 sickened with Norovirus: UK carvery victims a step closer to compensation

Posted on July 1, 2016 by Douglas Powell

Nearly 300 people look set to receive compensation after falling ill as a result of a norovirus outbreak at Exeter’s Toby Carvery.

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Law firm Irwin Mitchell, which is representing those affected, said they have reached the next stage of their legal battle after restaurant owners Mitchells & Butlers Retail Ltd admitted breach of duty to the group.

This means the company will pay compensation to all clients who can establish that their illness and other related losses, such as lost earnings, were caused through the breach of duty.

A total of 280 people instructed the specialist public health department at Irwin Mitchell to investigate the cause of an illness outbreak over the Easter period in April 2015 during which the restaurant was closed on more than one occasion for deep cleaning.

The law firm has now secured the admission from the company which means victims are one step closer to receiving fair settlements for the illness they suffered, which left many unable to work for a number of days and ruined other customers’ holidays in the area.

It is estimated that total damages for the group action will be over £500,000, though lawyers are still gathering medical evidence.

Those seeking compensation include John Williams, 68, from Bangor, Wales, who was staying at the Exeter Arms on holiday when he fell ill with diarrhoea and sickness. The symptoms he suffered lasted three weeks and ruined his holiday.

He said: “The symptoms I suffered were absolutely horrendous and stayed with me long after I left Exeter and returned home to Wales. It really did take its toll on me.

“I don’t think enough was done to control the outbreak at the pub and the hotel and I hope that the management has learned lessons from what happened last year so this never happens again.

“The Exeter Arms failed to inform me before travelling to the restaurant and hotel that there were problems with illness. My holiday was absolutely ruined and I want to know why more wasn’t done to control the outbreak.”

Diamond Pet Food, Costco pay settlement in Canadian Salmonella cases in pets

Posted on April 27, 2016 by Douglas Powell

Diamond Pet Food and Costco have begun paying settlements to Canadian pet owners who say their pets required screening and/or treatment, or the pets died, after they were exposed to Salmonella in 2011 and 2012.

A class action lawsuit was filed against Diamond Pet Foods and its distributor, Costco, after pet illnesses and some deaths occurred. While admitting no liability, the companies agreed to settle the lawsuit to avoid lengthy litigation. The settlement was announced in March 2016.

Attorney Jeff Ornstein, who heads the class action firm, Consumer Law Group, said Costco is notifying 115,000 customers who purchased the pet food by an automated phone call, announcing that the settlement is available.

To be eligible, consumers must have purchased Diamond Pet Food, recalled on April 6, 26 or 30, 2012, or on May 4-5, 2012, and did not return the recalled produced or exchange, and did not already sign a release with Diamond or Costco.

The amount of payment depends on the damages sustained and varies from the cost of replacing the pet food to larger amounts to cover the costs of veterinary care, or costs related to the death of the animal.

The class action filing says one consumer’s dog became extremely ill after eating Kirkland Signature Super Premium Adult Dog Lamb, Rice & Vegetable Formula – a Diamond Pet Food Brand made for Costco – and required treatment and lab tests by a veterinarian.

The companies told the consumer about the Salmonella contamination but would not compensate the consumer for the veterinary bills because the consumer did not have an empty bag or proof of purchase for the dog food.

Resort at center of #MoChunk outbreak pays ill guests

Posted on March 1, 2016 by Ben Chapman

The return on investment for food safety is tough to quantify. Not having an outbreak doesn’t result in increased sales or better brand penetration. Having an outbreak is bad news. Not only does a business often close while the problem is addressed and the brand or reputation takes a hit but there’s usually a settlement with patrons or guests.

Like the hundreds of guests of Mohonk Mountain House in 2014 who got norovirus along with their views of the Catskills. Patrons went to Twitter and talked about their experiences using the hashtag #MoChunk.

According to the Poughkeepsie Journal the resort is settling a class action suit for $875,000.

The lawsuit was filed in February 2014 when class representatives of the lawsuit Louis Bellotti and Anna Marie Bellotti of New Jersey, “acting on behalf of themselves and those similar situated,” brought the lawsuit against Mohonk Mountain House, according to the notice. The Bellottis were two of the many stricken by the norovirus, which according to the notice, led to “nausea, vomiting, diarrhea and/or abdominal pain” as well as lethargy, weakness, muscle aches, headaches and fever.

According to the class action notice, subject to upcoming court approval, the Mohonk Mountain House has agreed to a settlement fund of $875,000 to resolve this litigation. Of that amount, $290,868 will be paid out of the settlement for “costs and expenses related to the suit.” Plaintiffs Bellotti and Bellotti will “apply to the court” to receive $10,000 each, with the remaining funds being distributed to class members who participate in the settlement.

In the 12-page lawsuit filed in state Supreme Court, attorney Donald W. Boyajian of Albany claimed gross negligence, stating that Mohonk knew the norovirus was present and failed to warn visiting guests who stayed at the resort between late January and early February of that year.

Not sure that’s so great: UK teenager who contracted E coli during Turkish holiday awarded six-figure payout

Posted on February 19, 2016 by Douglas Powell

A teenager who contracted a potentially fatal strain of E. coli during a First Choice holiday from hell in Turkey has been awarded a bumper six-figure payout.

Bradie Perkins, who lives with his parents in Earl Shilton, Leicester, was 13-years-old when he travelled to a notorious “super-sized” beachfront complex with his family in Sarigerme in October 2010.

But the teen started to feel lethargic and tired during his last few days staying at the Holiday Village Turkey – which has featured on the BBC’s Watchdog programme.

After returning home to Britain, Bradie had to be rushed to hospital twice because of severe diarrhoea, stomach cramps, dehydration and other gastric symptoms.

He was eventually diagnosed with E. coli and giardiasis as well as a kidney condition known as hemolytic uremic syndrome (HUS).

Bradie was forced to have dialysis treatment but tests in June 2014 found his kidneys had been left functioning at just two-thirds of their normal ability because of the damage caused by the illness.

Tour operator TUI UK Limited – trading as First Choice Holidays and Flights Limited – initially denied liability throughout the five-year claim.

But the case was eventually settled last month just four weeks before a trial was due to begin.

Bradie, who is now 18, has now received a substantial six-figure settlement after medical experts concluded that his kidneys were so badly damaged there’s a possibility they could fail in the future.

His family told lawyers that food from previous meals was often re-used at the Holiday Village Turkey the next day and that cold food was sometimes topped up with hot food.

They found that meals were often undercooked and left uncovered while flies, insects and even cats were seen in the restaurant.

The family said there were also instances where the pool was closed due to children defecating in the water but the family never saw the pool drained and re-filled.

18 sickened: Court OKs $4-million settlement over E. coli beef recall in Canada

Posted on February 19, 2016 by Douglas Powell

An Alberta court has approved a $4-million settlement of a class-action lawsuit filed after an E. coli outbreak that sparked the largest meat recall in Canadian history.

The lawsuit was against XL Foods Inc., which operated a meat-packing plant in southern Alberta during the tainted beef recall in the fall of 2012.

Lawyer Clint Docken says hundreds of people in Canada and the United States could apply by the Aug. 17 deadline.

Under the agreement, which refers to possible E. coli O157 contamination, XL Foods does not accept any wrongdoing or liability (it was all documented in a report).

XL Foods recalled more than 1.8 million kilograms of beef in Canada and the United States, and the plant in Brooks, Alta., was later sold to JBS Canada.

Pre-emptive strike: jerky pet treat makers agree to $6.5 million fund

Posted on May 31, 2014 by Douglas Powell

Jonel Aleccia of NBC News reports that two of the biggest makers of jerky treats blamed for deaths and illnesses of thousands of pets in the U.S. have agreed to create a $6.5 million fund to compensate dog owners who believe their animals were harmed, according to terms of a settlement in a class-action lawsuit announced Friday.

Nestle Purina PetCare Co. and Waggin’ Train LLC reached an agreement with pet owners in several states who were seeking redress for what they claimed was suffering and death of pets who ate chicken and other jerky treats made in China.

If approved, the settlement would also require Nestle Purina Pet Care Co. to undertake “enhanced quality assurance measures” regarding pet treats made in China and to modify language on its packaging.

In announcing the settlement, filed in U.S. District Court for the Northern District of Illinois, neither party admitted fault.

“Neither Waggin’ Train, Nestle Purina nor any of the consumers concede that their claims or their defenses were not valid,” lawyers for the parties said in a statement. “All parties entered into the agreement only to bring the litigation to a prompt and certain resolution.”

The move comes two weeks after federal Food and Drug Administration officials said that pet treats, mostly imported from China, had been linked to more than 1,000 deaths in dogs, more than 4,800 complaints about animal illness and, for the first time, sickness in three people who ate the products.

Last week, two large pet supply firms, PetSmart and Petco announced they would no longer sell jerky treats made in China.

Is that a condom in my soup or are you just happy to see me?

Posted on August 26, 2010 by Douglas Powell

Associated Press reports a California man who says he ordered French onion soup and bit into a condom instead of melted cheese has settled his lawsuit against the Claim Jumper restaurant chain.

The terms of today’s settlement were not disclosed.

Both sides say in a statement the deal indicates no admission of liability by either party.

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