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

Water illnesses spark court fight

Lauren Stanforth, a staff writer for DemocratandChronicle.com, has reported on Marler Clark’s notice filed against New York state over Seneca Lake State Park’s Sprayground outbreak this summer.
From the article:

Two lawyers filed a notice Thursday with the state Attorney General’s Office that they intend to pursue a class action lawsuit against the state for the massive parasitic outbreak that struck Seneca Lake State Park’s Sprayground this summer.
Tricia Van Putte of Greece is the only individual named in the notice of claim. She appears in the notice on behalf of herself and her two small children who attended the Sprayground on Aug. 11 and contracted cryptosporidiosis, a gastrointestinal illness caused by the parasite cryptosporidium.
But the notice also alerts the state of the attorneys’ intentions to file a lawsuit involving more clients. Rochester lawyer Paul Nunes, one of the lawyers who filed the notice, said he has been contacted by about three dozen people interested in getting retribution for illness associated with the park.
“One family talked about not being able to enjoy their back yard pool during this beautiful weather,” Nunes said. But also, “we’ve got a husband of a family in the hospital this evening,” with symptoms from cryptosporidiosis.
In one of the nation’s largest waterborne parasitic outbreaks, the parasite somehow infiltrated the Sprayground’s water supply, which is recycled daily.
More than 3,800 people from 35 New York counties have reported becoming ill after having contact with the Sprayground between June and mid-August. At least 33 people have been hospitalized.
The state closed the Sprayground near Geneva, Ontario County, in mid-August after finding cryptosporidium in the park’s water tanks.
The state Health Department is still investigating the incident.
The state Attorney General’s Office, which defends lawsuits against the state, said this was the first notice of claim filed in the incident. Marc Violette, a spokesman for the office, had no further comment. Wendy Gibson, spokeswoman for the state Office of Parks, Recreation and Historic Preservation, which is named in the notice, also would not comment.
Nunes filed the notice of claim with William Marler, a Seattle lawyer known for litigation involving food and waterborne illness.

  • judy lipton

    Just checking to see if there are any new updates on the water park class action lawsuite?