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

First lawsuit filed after fatal bacteria outbreak at restaurant

As the Associated Press reported today, Marler Clark has filed a lawsuit on behalf of Suzie and and Hector Lapuyade of Redwood City against the owners of Viva Mexico, a local restaurant shut down after the area’s worst food poisoning outbreak in years.

The enchilada meal the Lapuyade family ate Oct. 21 led to days of excruciating abdominal cramps, severe diarrhea, fever and vomiting for Suzie and her young son. Lab tests confirmed that Suzie Lapuyade, 40, and her 9-year-old son Maurice contracted shigellosis, a gastrointestinal disease that spread through bacteria-tainted food.
From the article:

“They are certainly entitled to a decision about what the value of what they went through for a week is worth,” attorney Marler said. Marler’s firm has represented 1,500 food poisoning victims in the past seven years, including those affected by the 1998 E. coli contamination of Odwalla juice. “Twelve jurors in San Mateo County will help us all make a decision.”