Food Poisoning Lawyer & Attorney : Bill Marler : Marler Clark

We filed two lawsuits today - one against Cargill on behalf of a Minnesota boy who became ill after eating an E. coli-contaminated hamburger and another on behalf of a Michigan man who became ill after eating a Salmonella-contaminated turkey pot pie.

In the Minnesota case:

According to the complaint, Scott Reber ate a hamburger made from a Cargill ground beef patty on September 22. By September 25, Scott had developed a gastrointestinal illness with symptoms typical of E. coli infection, and was hospitalized on September 28. While he was hospitalized, Scott’s parents learned that a stool specimen submitted for testing had tested positive for E. coli O157:H7.

Elk River family sues Cargill for E. coli

An Elk River family filed the second E. coli lawsuit against Cargill.  Elk River residents John and Barb Reber’s son Scott, 7, became ill with E. coli after eating a hamburger made from a Cargill ground beef patty.  According to the complaint, Scott ate a hamburger on Sept. 22 and by Sept. 25 had developed a gastrointestinal illness with symptoms typical of E. coli. He was hospitalized on Sept. 28.

And in the Michigan case:

According to the lawsuit, David Small ate a Banquet brand turkey pot pie on Saturday, September 24, 2007 and became ill with symptoms of Salmonella infection the following day. Mr. Small’s symptoms worsened over the next days, and he sought medical attention at Munson Medical Center on September 27, 2007. He was admitted and remained hospitalized until September 29. Mr. Small later learned that his stool specimen had tested positive for Salmonella serotype I 4,[5],12:i:-, the strain associated with the Banquet pot pie outbreak.

TC man sues over tainted pot pie

David Small regularly ate pot pies for lunch, but a recent bout with salmonella prompted the Traverse City man to sue the company that produced the tainted pies.  Small, 51, filed a lawsuit Thursday against ConAgra Foods Inc. and Tom's Food Markets Inc. after he said he was infected with salmonella in September.  ConAgra recalled all of its store-brand and Banquet pot pies Oct. 11 after a investigation by the Centers for Disease Control linked the tainted pies to recent salmonella outbreaks in several states.

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Marler Clark has filed a Salmonella lawsuit was against Orchid Island Juice Company of Fort Pierce, Florida, in US District court for the Southern District of West Virginia Thursday (case no. 5:05-CV-0586). The lawsuit was filed on behalf of Heather Dowdy, a Caldwell, West Virginia resident who became ill with a Salmonella infection after consuming Orchid Island unpasteurized orange juice. We have filed the lawsuit along with David Delk, a respected Wheeling, West Virginia, lawyer.

As I told the local (Morgantown, West Virginia) press today:

Ms. Dowdy consumed Orchid Island orange juice on May 30, 2005, and became ill with symptoms of Salmonella infection on May 31. She went to the emergency room in Virginia Beach on June 2, and again on June 6, when she was admitted to the hospital for severe dehydration. Ms. Dowdy was discharged on June 8, but still suffers from complications of Salmonella infection, and has not yet been able to return to work.

"After the Odwalla and Sun Orchard outbreaks in 1996 and 1999, I would have thought that a juice producer would have more sense than to sell unpasteurized juice and risk facing me in a courtroom after they had poisoned their customers," said William Marler, managing partner of Marler Clark. "But I guess the lesson has not been learned by all."

In the lawsuit, which is based on the Federal Food, Drug, and Cosmetic Act, Marler alleges that "Orchid Island had a duty to use supplies and raw materials . . . free from adulteration and fit for human consumption, but failed to do so."

Marler continued, "If Orchid Island had only pasteurized their juice, this outbreak would not have occurred. Heather Dowdy went through a terrible ordeal. She and other victims did not deserve this."

On July 8, 2005, the Food and Drug Administration (FDA) warned consumers against drinking unpasteurized orange juice products distributed by Orchid Island under a variety of brand names. At that point, there were reports of 15 cases of a matching strain of Salmonella bacteria causing illness in consumers in Michigan, Ohio, and Massachusetts. At least 16 other states reported cases of Salmonella that matched the specific strain found in Orchid Island orange juice. On July 15, 2005, Orchid Island issued a nationwide recall of fresh and frozen unpasteurized orange juice (see http://www.fda.gov/oc/po/firmrecalls/orchidislandjuice07_15.html). The CDC indicated that as many as 82 cases have been confirmed nationwide.

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As the Associated Press reported today, undercooked turkey at a Camden restaurant is most likely the cause of one of the worst food-borne illness outbreaks in South Carolina in recent years, the state health department said Friday.

More than 300 people were sickened and one 58-year-old man died after eating at the Old South Restaurant in Camden about two weeks ago. Some 56 people also were hospitalized, according to the state Department of Health and Environmental Control.

My firm is representing nine people who became sick after eating at the restaurant. Like I told Jacob Jordon of the AP, before the restaurant reopens, the buffet should think about how it's going to compensate those that were sickened.

From the article:

"There's not going to be even remotely ... enough money to compensate these victims," Marler said. "I don't like to see restaurants put out of business. Errors happen and they happen, unfortunately, all too frequently."

Marler said he will consider a possible class-action lawsuit, possibly waiving attorney fees so that those sickened can get as much money as possible.

"My focus is on preventing future outbreaks and coming up with some methodology of fairly compensating innocent victims," he said.

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Bankrupt Coronet Foods is now facing a lawsuit by 92 people from several states. On Wednesday a judge ruled the people who claim they got sick after eating tainted roma tomatoes could sue the store that sold them, and the company that supplied them, Wheeling based Coronet Foods.

"It's clear that the tomatoes were supplied by Coronet. Under the law they are strictly liable, said the attorney representing the complainants, Bill Marler.

Coronet laid-off their entire workforce after the salmonella outbreak when more than 400 people got sick. The judges ruling says now they are responsible for those who got sick. The attorney representing those who say they got salmonella says he would like to settle the dispute outside of court through mediation. He says coronet was against it.

"Coronet and their insurance company were simply not interested in doing that. The bankruptcy court therefore allowed us to get out of bankruptcy court and file our claims in state court, said Marler.

The president of Coronet says he just found out about the ruling but his attorney says mediation was not a problem.

"We didn't object to mediation. We believe mediation probably would be the best thing for all of these claims. We want to make sure everyone who had some potential responsibility was involved in mediation, said Coronet Attorney, Eric Anderson.

Meantime, the plaintiffs are asking the judge for what they call full and fair compensation.

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As the Associated Press reported today, a West Virginia federal bankruptcy judge has allowed us to sue on behalf of more than 80 people who were sickened by salmonella-tainted tomatoes the company supplied the tomatoes and the Sheetz convenience store chain.

Federal Judge L. Edward Friend II signed an order yesterday allowing plaintiffs to sue Coronet Foods Inc., a bankrupt Wheeling, W.Va., company, and Sheetz after attorneys for Coronet said they didn't want to mediate the lawsuits.

Coronet shut down in October and filed bankruptcy shortly after a few lawsuits were filed. The company has $11 million worth of insurance covering it.

Food inspectors also said Coronet and Sheetz did nothing wrong, but under the law they can be held liable because they supplied and prepared the tomatoes for human consumption.

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In an article yesterday by the Associated Press, I said I no longer plan to sue Sheetz, the convenience store chain who sickened over 400 people with salmonella-tainted tomatoes. But I'm still planning to sue Coronet Foods, the bankrupt company which supplied the tomatoes. A bankruptcy judge signed an order Wednesday allowing Coronet to be sued.

More than 400 people were sickened last year in Pennsylvania and eight other states after eating tomatoes served at Sheetz stores.

As I told the AP, most claims will be for less than $100,000 to cover medical bills, lost wages and pain and suffering.

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Marler Clark filed a lawsuit Wednesday on behalf of seven people who became ill with Salmonella Enteriditis infections after eating Paramount Farms raw almonds between September, 2003 and May, 2004. The lawsuit was filed in the South Judicial District of the Los Angeles County Superior Court (Case No. NC036770).

All seven plaintiffs had Salmonella infections linked to almonds manufactured and sold by Paramount Farms. Paramount Farms recalled roughly eighteen million pounds of almonds in May, 2004 after the CDC traced the Salmonella illnesses of 29 people in twelve states and Canada to consumption of Paramount's raw almonds between September, 2003 and May, 2004.

"We have been working to settle our clients' Salmonella claims against Paramount Farms for almost a year now," said William Marler, managing partner of Marler Clark. "Unfortunately, Paramount has not made reasonable offers to our clients to settle their claims"

The plaintiffs are residents of California, Washington, and Arizona. Marler Clark previously filed Salmonella lawsuits against Paramount Farms on behalf of a Kennewick, Washington family and a Renton, Washington, man who suffered from reactive arthritis, a complication of Salmonella infection.

"At this point, we feel that the only chance of obtaining just compensation for our clients is letting a jury decide the value of these claims," Marler concluded.

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Marler Clark today announced the settlement of two salmonella cases stemming from the May, 2001 salmonella outbreak tied to contaminated cantaloupe.

The cases settled were the wrongful death case of 78-year old Florence Dodds and the personal injury case of fifteen month old Nathan Eget.

On May 25, 2001 the FDA issued a press release warning consumers about Viva Brand imported cantaloupe. The FDA advised consumers of an outbreak of salmonella poona linked to cantaloupe imported to the U.S. by Shipley Sales Service of Nogales, Arizona. The outbreak was implicated in numerous illnesses and one death in Arizona, California, Connecticut, Georgia, Hawaii, Massachusetts, Minnesota, Missouri, New Mexico, Nevada, New York, Oregon, Tennessee and Washington State. The FDA detained all cantaloupe imported by Shipley Sales Service and took steps to prevent the importation of any additional contaminated cantaloupe.

Ms. Dodds, a resident of Hemet, California, endured significant physical and mental suffering as a result of the salmonella infection prior to her death. Her family incurred nearly $10,000 in medical expenses as a result of her death. "Deaths for salmonella poisoning are quite rare, but according to the CDC, about 1,000 people die annually in the Untied States. This was an unfortunate, but completely preventable tragedy," said William Marler, attorney at Marler Clark.

Nathan Eget is the son of Liz and Rick Eget of Tarzana, California. On Wednesday, April 25, 2001, Nathan began to experience serious and unusual symptoms of illness. For three days, Nathan had severe diarrhea and vomiting. He had a constant fever, would not eat, and was extremely lethargic and listless. On Tuesday, May 1, it was discovered that Nathan had grown a Salmonella culture from one of his blood samples, and that there was a bacterial infection in his blood. Since this was a much more serious diagnosis then originally suspected. Nathan was immediately transferred to the ICU for observation, because dangerous side effects could occur after the antibiotic treatment. Nathan's temperature continued to rise, he remained completely lethargic, his stomach became extremely distended, and his diarrhea continued to the point where he needed to be changed every hour. He remained hospitalized for over a week. His family incurred over $40,000 in medical expenses.

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Rotten tomatoes anyone?
Tomato supplier for Sheetz ceases operations, blames bad publicity

In the not so distant past, Coronet Foods, the tomato distributer for sandwiches sold at Sheetz convenience stores, ceased operations at its plant in Wheeling, West Virginia, leaving 220 workers without jobs. The company blamed its going out of business on bad publicity from the summer's salmonella outbreak that sickened more than 400 people, about 330 Pennsylvanians and another 80 people in nearby states.

Marler Clark represented 107 people affected by the salmonella outbreak. We filed three lawsuits as a result of the outbreak, all targeting Coronet. They have plenty of insurance to cover the claims, and we are in the process of trying to reach fair settlements for everyone.

Blaming adverse publicity from a salmonella outbreak this past summer that sickened more than 400 people, Coronet Foods said it was ceasing operations today at its plant in Wheeling, W.Va., leaving 220 workers without jobs.

The plant, which supplied bagged salads, vegetables and fruits to customers in about 20 states in New England, the Midwest and the mid-Atlantic region, informed its workers at the close of business yesterday, said Ernie Pascua, the company's chief executive officer.

"There was a lot of hugging, a lot of tears," Pascua said last night.

In some cases, several generations of family members have worked for the company, he said.

Coronet distributed sliced Roma tomatoes used in sandwiches sold at Sheetz convenience stores. About 330 Pennsylvanians who ate the sandwiches got sick with salmonella, and the outbreak is believed to have sickened another 80 people in nearby states.

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A not-so-Sunny reminder?
Class Action Lawsuit Filed by Marler Clark re Sun Orchard Orange Juice Salmonella Outbreak

In July of 1999, Marler Clark,filed a nationwide class action lawsuit on behalf of all persons sickened and injured by unpasteurized orange juice contaminated with a rare strain of the Salmonella bacteria. The contaminated juice was manufactured by Sun Orchard.

At the time that lawsuit was filed, Marler Clark had been contacted by over 30 persons in several states with possible claims against Sun Orchard. The named plaintiffs in the lawsuit are Jim and Fiona Jackson, the parents of Ian Jackson, a 4 year old boy who became seriously ill when he drank Sun Orchard orange juice contaminated with Salmonella.

As I said then:

"It's simply outrageous that, after all we know about the importance of pasteurization, especially after the Odwalla E. coli outbreaks, we still have companies selling unpasteurized fruit juice, and justifying it on the grounds that it's more flavorful if not pasteurized, and more full of vitamins," said William Marler, of the Marler Clark law firm. "At a minimum, consumers should be warned of the potential risks of consuming these unpasteurized products. The question is why Sun Orchard did not want a warning label on this product."

Are we making progress?

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Grandmother Bonnie Bartley is suing the Golden Corral, after she and her 4-year-old granddaughter became extremely ill from the lunch they ate there on August 17.

Allison B. Luster, 4, of Marietta, was taken to WellStar Kennestone Hospital's emergency room Aug. 23 with bloody stools, constant vomiting and severe stomach pain. She also developed a severe fever and dehydration and lost one-seventh of her body weight.

As the Atlanta Journal-Constitution reported:

"This little girl was really sick, requiring extensive antibiotic treatment and a week in the hospital," Marler said in a telephone interview. "The restaurant should step up and do the right thing, compensating victims for what they've gone through."

Bartley experienced milder symptoms the day after eating at Golden Corral, Marler said, but she did not seek immediate medical attention. The girl is still being monitored for stomach problems, he said.

The lawsuit demands that the restaurant compensate the plaintiffs for medical bills, attorney fees and any other fees the court may deem appropriate.

The establishment is one of a dozen Golden Corrals in the metro area owned by Charles Winston. He voluntarily closed the restaurant Sept. 9 while state health officials scrutinized it for a source of contamination. Equipment and surfaces were once again thoroughly scrubbed and sanitized.

18 cases of salmonella berta infections between early June and late August were linked to the Golden Corral just west of Town Center mall, the Georgia Division of Public Health said last week. One person with underlying health conditions died.

Although previous health inspections Aug. 21 and 22 turned up no trace of the bacteria, the bacteria was found in a floor drain last week.

Other patrons of the restaurant who claim they were sickened at the Golden Corral are considering litigation.

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Marler Clark has been retained by four victims of a June outbreak of salmonellosis at a Gates country club. In an article titled Outbreak Victims Hire Top Lawyer, one of the Florida men (my client) sickened by this outbreak describes the illness he went through as 'one of the worst weeks of [his] life.' The other three Marler Clark clients referenced in the article are a Rochester family.

All four attended the same party on June 9 at Brook-Lea Country Club and have culture-confirmed cases of the bacterial illness. The Monroe County Health Department has confirmed 55 other cases so far - not all of them linked to the Pixley Road country club. County records show two significant earlier outbreaks of salmonellosis - one in 1987 and the other in 1995. Both sickened more than 100 people.

As the article says:

Marler Clark has filed Freedom of Information Law requests for state and Monroe County documents about the incident.

"I try not to interfere with Health Department investigations," said Marler, who has an epidemiologist on staff. "But I monitor what they do."

.

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As Marlene Hunt of the PioneerLocal reported, a settlement has been reached between 49 victims of the salmonella outbreak traced to the former Chili's Bar and Grill in Vernon Hills and Brinker International, owner of the franchise.

My firm filed individual lawsuits and a class action lawsuit in federal court in Chicago during 2003 seeking punitive damages on behalf of all outbreak victims. The settlement was worked out before the trial was scheduled to start.

Health officials determined the source of the salmonella infection was not due to improperly cooked food, but to employees who likely failed to follow proper hand washing techniques and a management decision to keep the restaurant open for two days even though its water supply was interrupted.

The food poisoning epidemic affected more than 300 persons who dined at the Vernon Hills restaurant between June 23 and July 1 in 2003. The health department interviewed about 1,200 individuals including 305 people whose illnesses appeared related to the outbreak. Of those, 141 patrons and 28 employees tested positive for salmonella.

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As Clint Williams of the Atlanta Journal-Constitution reported yesterday, It's been a rough year for Cindy Horney. Ten days of fever, nausea and diarrhea were only the beginning. The case of salmonella food poisoning triggered a case of Reiter syndrome, an uncommon form of arthritis. Intense pain in her hips made it hard to walk and sleep. Cindy Horney is one of seven people on behalf of whom Marler Clark has filed lawsuits against Golden Corral restaurants.

The plaintiffs hope to settle the cases through mediation as early as October. "Litigation is expensive, and if you can resolve these things without going through the court system it's better for everyone involved," he said. Marler recently settled a case in which victims of a 2002 salmonella outbreak linked to a Michigan bakery collected $3,000 to $80,000 each.

Cindy Horney is one of at least 23 people stricken last year in an outbreak of salmonellosis linked to the Golden Corral buffet restaurant on Barrett Parkway in Kennesaw. The Georgia Division of Public Health a year ago today announced that from early June through late August 2003, a total of 23 people were infected with the bacteria salmonella berta. Of those 23 confirmed cases, 18 had links to the Golden Corral just west of Town Center mall.

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Marler Clark has settled the claims of 49 individuals who were infected with Salmonella after eating at the Vernon Hills Chili's Grill & Bar in late June and early July of 2003.

"We were far along in the process of preparing these cases for trial when settlement discussions finally seemed to turn serious," said Marler Clark partner Denis Stearns. "We believed strongly in our case, and the importance of the point we were trying to make about food safety and corporate responsibility. This was a case my partners and I really wanted to take to trial. But when finally faced with the chance to not only fully compensate our clients, but to do so in a way that showed the clients that, we really did send a message with this one, that was something we had to recommend accepting."

The Lake County Health Department's outbreak investigation revealed that the Vernon Hills Chili's had been under operation despite having a broken dish-machine and a lack of hot water for at least one day, and a lack of any water at all during most of the lunch-rush one day when infected food workers were preparing and serving food to patrons. The Lake County Health Department reported that 305 Chili's patrons reported having symptoms of Salmonella infection that could be traced to Chili's.

"In a way it is too bad that the amount of the settlement is confidential," added Bill Marler. "I think that more than most settlements we have achieved in the past, this one would really have made the restaurant industry sit up and take notice."

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As the Associated Press' article Kennewick family sues almond producer reported today, a Kennewick family has sued California-based almond producer Paramount Farms, alleging the mother and two young children were sickened by salmonella-tainted almonds. Shawnna Morris and her two young children got sick in February after she purchased a package of raw almonds, produced by Paramount, at a store in Kennewick, in southeast Washington. All three were diagnosed with salmonella enteritidis.

Both Shawnna Morris and her 3-year-old daughter ate the nuts, said lawyer Bill Marler of Seattle. He alleges the family's 1-year-old son became ill from contact with his mother and sister.

Federal regulators have received reports of 25 people falling ill, most likely from raw almonds supplied by Paramount. The company has voluntarily recalled 13 million pounds of raw almonds nationwide, and the size of the recall appeared likely to grow as federal investigators continue to identify distributors and repackagers of almonds that originated from Paramount.

The recall covers millions of packages sold under a variety of brand names across the country, as well as almonds shipped to eight countries. The FDA has received reports of salmonella enteritidis in at least six states so far. No fatalities have been reported.

Young children, the elderly and people with weakened immune systems are especially vulnerable to infection from salmonella. Symptoms include fever, nausea, diarrhea, vomiting and abdominal pain.

Salmonella in almonds is rare. This is only the second reported outbreak. So far, investigators have found no trace of salmonella in any of the recalled almonds or at Paramount. Experts say it is possible the outbreak may never be traced to its source.

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Warren King, Seattle Times medical reporter, reported today that tainted almonds have sicken four Washington residents, including a mother and her two children in Kennewick and a Seattle man. Health authorities said recent investigations showed they suffered acute intestinal illness stemming from the almonds. Their cases were among two dozen reports of the illness in 10 states.

Some 13 million pounds of the nuts supplied by Paramount Farms of California and packaged under a variety of brands have been recalled.

Investigators have found no trace of salmonella in any of the recalled almonds or at Paramount, investigators say, and it's possible the outbreak's source may never be found.

Scott and Shawna Morris, of Kennewick, this week filed a lawsuit in U.S. District Court in Spokane against Paramount. Their Seattle-based attorney, Bill Marler, said Shawna Morris and her 3-year-old daughter, Crew, contracted the illness from eating the nuts in February. The couple's 1-year-old son, Brek, then became ill from contact with his mother and sister. Marler said Shawna Morris was hospitalized for two days with the illness, salmonella enteritis, which can cause headache, abdominal pain, diarrhea, nausea, vomiting and dehydration.

A man in his 50s was very ill in November from eating the tainted almonds, said Matias Valenzuela, a spokesman for Public Health Seattle & King County. Officials would not reveal other details for privacy reasons.

Authorities said all of the Washington cases stemmed from eating almonds sold at Costco under the Kirkland Signature brand. Costco has mailed about 1.2 million letters to members worldwide about the recall. The recalled almonds were in packages with "best (used) by" dates from Aug. 21, 2004, through March 15, 2005.

The recall has expanded to more companies and additional "best by" dates since the initial announcement of the tainted raw almonds on May 18. Besides Kirkland Signature, other brands and stores affected in Washington state include:

Trader Joe's and Sunkist brands Aug. 24, 2004, through May 20, 2005.
Gold Shield brand 2.5-ounce bags: Lot 4049, best used by February 2005; Lot 4120, best used by April 2005; and Lot 4139, best used by May 2005. Eight-ounce bags: Lot 3294, best used by October 2004; and Lot 3321, best used by November 2004.

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As Bee Staff Writer Mike Lee reported today, the FDA says more outlets are likely affected by the Kern County product. My firm filed suit Monday against Paramount Foods, whose raw almonds are the target of a greatly expanded product recall.

"More labels and more (brand) names will be coming out," said Jack Guzewich, director of emergency response in FDA's food-safety division. "It's not done yet."

The FDA has tentatively linked 18 cases of food poisoning to raw almonds from Paramount Farms of Lost Hills in Kern County, the state's largest almond grower. Potentially related illnesses still are being investigated.

Over the weekend, Paramount expanded its recall to 13 million pounds from 5 million pounds. It also said that it immediately would start pasteurizing all almonds before they are shipped.

"There have been prior incidences of salmonella-tainted almonds that have led to illnesses and recalls," said William Marler, attorney for the family, in a statement. "Paramount Farms should have known this and taken appropriate precautions to make sure it didn't happen again."

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Marler Clark is filing a lawsuit against the Golden Corral restaurant on behalf of a Marietta woman. She and her 4-year-old granddaughter were sickened with salmonella after eating lunch there this month. Bonnie Bartley's symptoms began the day after eating at the Golden Corral on August 17, but she wasn't as sick as her 4-year-old granddaughter Allison Luster.

The same day we filed the lawsuit, the Golden Corral in Kennesaw reopened.

As I said in a recent press release:

"This is not the first time a Golden Corral restaurant has been linked to a foodborne illness outbreak. In 1999 Marler Clark sued the Golden Corral in Kearney, Nebraska, on behalf of victims of an E. coli O157:H7 outbreak. "

"In addition to representing Ms. Bartley, we have been contacted by several other victims in this outbreak," said William Marler, managing partner of Marler Clark. "All of these people consumed food they believed was wholesome and unadulterated only to ultimately pay the price for eating at Golden Corral. The restaurant should step up, and do the right thing, compensating victims for what they've gone through."

The restaurant owner's lawyer, Tom Carlock, said the restaurant received a "a clean bill of health" from state officials this week.

"We got a perfect 100 score recently, and the health department came out here and checked all the employees for salmonella and all were cleared," Carlock said.

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Grandmother Bonnie Bartley is suing the Golden Corral, after she and her 4-year-old granddaughter became extremely ill from the lunch they ate there on August 17.

Allison B. Luster, 4, of Marietta, was taken to WellStar Kennestone Hospital's emergency room Aug. 23 with bloody stools, constant vomiting and severe stomach pain. She also developed a severe fever and dehydration and lost one-seventh of her body weight.

As the Atlanta Journal-Constitution reported:

"This little girl was really sick, requiring extensive antibiotic treatment and a week in the hospital," Marler said in a telephone interview. "The restaurant should step up and do the right thing, compensating victims for what they've gone through."

Bartley experienced milder symptoms the day after eating at Golden Corral, Marler said, but she did not seek immediate medical attention. The girl is still being monitored for stomach problems, he said.

The lawsuit demands that the restaurant compensate the plaintiffs for medical bills, attorney fees and any other fees the court may deem appropriate.

The establishment is one of a dozen Golden Corrals in the metro area owned by Charles Winston. He voluntarily closed the restaurant Sept. 9 while state health officials scrutinized it for a source of contamination. Equipment and surfaces were once again thoroughly scrubbed and sanitized.

18 cases of salmonella berta infections between early June and late August were linked to the Golden Corral just west of Town Center mall, the Georgia Division of Public Health said last week. One person with underlying health conditions died.

Although previous health inspections Aug. 21 and 22 turned up no trace of the bacteria, the bacteria was found in a floor drain last week.

Other patrons of the restaurant who claim they were sickened at the Golden Corral are considering litigation.

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