Header graphic for print
Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Class Action Lawsuit Filed Against New York Office of State Parks

Marler Clark and Underberg & Kessler filed a class action complaint today against the New York Office of State Parks, Recreation and Historic Preservation. The lawsuit, which was filed in the State of New York Court of Claims, was filed on behalf of nearly 4,000 people who became ill with Cryptosporidiosis after visiting the Spraypark at Seneca Lake State Park in July and August. The named plaintiffs in the lawsuit are Timothy and Jacqueline Springer, a Monroe County couple, and their three children, who became ill with Cryptosporidium infections after visiting the Spraypark in late July.
“We filed this lawsuit as a class action lawsuit as the most effective way of handling this many ill people, especially children,” said William Marler, managing partner of Seattle-based Marler Clark. “The Springer children suffered Cryptosporidiosis after playing at the Spraypark, and Mr. Springer had to be hospitalized after suffering a secondary infection after caring for his children. Thousands of other people suffered the same fate because the Office of State Parks failed to ensure the water at the Spraypark was safe.”

Paul Nunes, a partner with Rochester firm Underberg & Kessler, added, “Claims against the Office of State Parks must be brought within ninety days of the injury, or cannot be brought at all. Besides filing the filing a class action, we urge all people sickened to file timely Notices of Claim with the State in order to preserve your rights.”
Four sub-classes have been proposed within the class action claim filed today so that any damages awarded will be divided proportionally to the injuries sustained by class members. The sub-classes include:
Persons hospitalized for more than three days and who had complications or an invasive procedure,
Persons who were admitted to an inpatient unit for hospitalization,
Persons who received outpatient medical care, including the administration of IV fluids, and
Persons who required minimal medical care
“We have taken into account the fact that people’s injuries vary greatly, and have tried to come up with a way to compensate all class members as fairly as possible,” Marler concluded.
Marler Clark and Underberg & Kessler have been contacted by well over 100 ill persons. For more information contact Suzanne Schreck at 206-346-1879 or sschreck@marlerclark.com.