By Kenneth C. Rossignol

ST. MARY'S TODAY

SOLOMON'S ISLAND --- The first of what could eventually become dozens of lawsuits was filed this past week on behalf of a tourist who came to this small island resort on the Chesapeake Bay and got caught up in the first round of a Hepatitis A outbreak which swept through 3 Calvert and St. Mary's County restaurants before health officials got a handle on the situation.

Lori Troyanoski, a resident of Sellersville, Pennsylvania, has filed a lawsuit against Catamarans Restaurant on Solomon's Island, after she was infected with hepatitis-A during the August 2000 outbreak in Calvert and St. Mary’s Counties in Maryland. The spread of the hepatitis-A virus has been linked to an employee of that restaurant as well as the Roost in Lexington Park and North Ridge in California, Md. Ms. Troyanoski is one of the 27 confirmed victims infected with the virus during this outbreak.

Ms. Troyanoski was vacationing in Maryland with her husband and two young children when they ate at the Catamarans Restaurant on July 27, 2000, according to her attorneys. A written statement released after the filing of the lawsuit, states that on August 22, Ms. Troyanoski fell ill, exhibiting classic symptoms of a viral hepatitis infection: fatigue, jaundiced appearance, and fever. Soon after, she was diagnosed with an acute hepatitis-A infection, and hospitalized for several days for treatment of severe dehydration. The other members of her family were spared an infection, but received the immuno globulin treatment once Ms. Troyanoski’s diagnosis was confirmed.

Baltimore attorney David Shapiro told ST. MARY'S TODAY that he feels very strongly that it is likely that the number of cases in this hepatitis outbreak will exceed 60 persons infected. Shapiro also expressed alarm at the failure of health officials to take stronger measures in reaction to the outbreak.

"The health department should be offering immuno globulin treatment to all those who ate in the local restaurants as a preventative measure," said Shapiro. Shapiro won a class action lawsuit against Outback Steakhouse in Waldorf after an outbreak traced to that restaurant infected 53 persons.

Hepatitis A is linked to the failure of kitchen employees to wash their hands after taking a bowel movement. Restaurant patrons should avoid eating any uncooked food, such as salads, to avoid being infected. Cooking kills the bacteria left on food by unclean employees.

Business at the restaurants at which the outbreak was traced has been severely diminished, even though local health officers give the establishments a clean bill of health. All employees have been inoculated and interviewed and there is no reason from a health standpoint not to eat at the three stricken restaurants, say health officials. Many other local restaurants not afflicted by the outbreak have also seen a sharp decline in their business while owners are quizzing prospective employees on where they have worked and calling the health department for information on how to safeguard their establishments.

Health officials have offered shots to other establishment's employees at a cost of $17 per person.

Ms. Troyanoski is represented by the Seattle, Washington law firm, Marler Clark, whose attorneys are nationally known for their successful representation of victims of foodborne illness, and co-counsel, Benson Klein, with the highly regarded Gaithersburg, Maryland law firm of Ward & Klein. Last summer, Marler Clark obtained a $1.06 million settlement on behalf of 29 persons who were infected with hepatitis-A as a result of eating contaminated food at two Seattle, Washington Subway Sandwich and Salad franchises.

The Centers for Disease Control (CDC) estimates that 83,000 cases of hepatitis A occur in the U. S. every year, and at least 5% of these cases are related to foodborne transmission. In 1999 alone, over 10,000 people were hospitalized as a result of hepatitis A infections, and 83 people died. The illness is characterized by sudden onset of fever, malaise, nausea, anorexia and abdominal pain, followed by jaundice. and these symptom can linger for several weeks. The incubation period for hepatitis-A varies from 10 to 50 days.

Hepatitis-A spreads from the feces of infected people, and can produce disease when individuals consume contaminated water or foods. Contamination of foods by infected workers in food processing plants and restaurants is increasingly common. Cold cuts, fruits, fruit juices, milk, milk products, vegetables, salads, shellfish, and iced drinks are also implicated in outbreaks. Water, shellfish, and salads are also common sources.

For more information about hepatitis,
visit www.about-hepatitis.com

Background: Marler Clark has extensive experience representing victims of food-borne illness. William Marler represented Brianne Kiner in her $15.6 million settlement with Jack in the Box. In May 1998, Marler Clark settled the Odwalla Juice E. coli outbreak for the five families whose children were severely injured after consuming contaminated apple juice. Ward & Klein was co-counsel on the claim of a Maryland family. Marler Clark is currently lead counsel in actions stemming from E. coli, Salmonella, Shigella, and hepatitis outbreaks in Washington, California, Ohio, Oregon, Missouri, Arizona and Wisconsin. Marler Clark has also litigated on behalf of individuals against KFC, McDonalds, Hardees, Wendy’s, Subway, Sizzler, Carl's Jr. and Costco.

Hepatitis Outbreak Now Up to 15 Cases and Confirmed In 3 Restaurants

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A new outbreak of hepatitis A, with 15 confirmed cases and tracked back to the Roost in Lexington Park, North Ridge in Calfifornia and Catmarans in Solomon's has both the Calvert and St. Mary's Health Depts. working hard to find each food service worker involved in the spreading of the dangerous infectious disease.  More cases may soon be added to the tally as health officials say that they are likely to confirm two more cases and 4 cases are pending.

The outbreak is the worst in the area since 1998 when 53 cases were tracked down to the Outback Steakhouse in Waldorf.  A warning to military personnel in the Washington region was given to ST. MARY'S  TODAY and triggered the first public disclosure of the dangerous problem and revealed that the Health Dept. had intentionally tried to keep the outbreak secret instead of warning the public, which is the action taken by the Health Dept. in this year's outbreak.

The through washing of hands after having a bowel movement is the way to prevent communication of the disease and the failure to do so is likely the way that the 15 known persons became ill after eating at the Roost and Catamarans. 

Health officials say that 5 persons ate only at the Roost and other restaurants but not at Catamarans, that 5 ate only at Catamarans and other restaurants but not at the Roost, 3 ate at both restaurants and 2 ate at neither place ( one person was from Baltimore and one was a close contact to a known case).

The latest eating establishment to be found to have a case of Hepatitis traced to it is the North Ridge at the Best Western Inn on Rt. 235 in Calfifornia.  Health officials say that a cook at the eatery has been confirmed to have a case of hepatitis and patrons of North Ridge may have been exposed and should be alert for symptoms of hepatitus A for the next 8 weeks.

The results of the outbreak on the Roost have been severe with employees of the establishment seeking jobs elsewhere after business at the once busy 50-year-old landmark roadhouse has fallen off to a trickle.

There is no way to put a pretty face on the problem. In restaurants, the most likely way for the disease to be passed from infected employees is the failure of employees to wash hands after having a bowel movement. 

Restaurant management should regard the washing of employee's hands the same way they do access to the store's safe and inspect, reinspect and document all trips by employees to restrooms and ensure that they wash their hands once again under supervision of management.  The failure to act aggressively on this problem could be the downfall of the business.

Eating in restaurants can be safe if patrons avoid all uncooked food such as salads as cooking of food destroys almost all bacteria.

Symptoms are: Yellow skin and eyes, brown tea-colored urine, diarrhea, fever, loss of appetite, stomach pain.  The health officials first began their probe into the 6 confirmed cases on Aug. 17th and finally released the names of the restaurants in which the disease was associated last Thursday, following a careful investigation. Shots for employees of the restaurants were undertaken and anyone with any of the symptoms should seek medical help immediately as there is long-term damage to the liver as a result of contracting hepatitis.

Contact the St. Mary's County Health Dept. at 301-475-4318 and the Calvert County Health Dept. at 410-535-5400 for help if you believe you may have contacted hepatitus A.