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

Judge approves mediation in hepatitis A outbreak

The Associated Press reported this morning that Chi Chi’s bankruptcy judge approved the mediation agreement which will allow claimants 45 days to submit lawsuits to nonbinding mediation, beginning in about two weeks.

In the past, notices of court orders like the one signed Thursday have been run in newspapers and on radio broadcasts advising people who say they were affected to send in claims, Marler said.

The state has records of the approximately 9,000 people who were inoculated following the outbreak.

“The argument against this system is there is a short timeframe for filing claims,” Marler said. “But you don’t have to send in all of your information. You just need to make sure that Chi-Chi’s, the suppliers and insurers know you exist.”

Cases may be divided into those who were sickened and those who just went in for shots.