By Karen Roebuck
TRIBUNE-REVIEW
Friday, September 30, 2005
A Beaver County man who needed a liver transplant after being infected in the 2003 hepatitis A outbreak is receiving a $6.25 million settlement from Chi-Chi’s Mexican Restaurant.
U.S. District Judge Terrence McVerry on Thursday approved a Special Needs Trust for the ongoing care of Richard Miller, of Beaver, who will turn 59 next week.
About $4.1 million will be put into the trust, which will be administered by US Bank. Miller’s wife, Linda, and their three children each will receive $100,000.
The rest of the settlement, which was agreed to confidentially about six weeks ago but made public as part of the trust agreement, will be used to repay uncovered medical expenses and attorney and other fees, said Miller’s Seattle attorney, William Marler, who specializes in foodborne-illness cases.
The hepatitis A outbreak sickened 660 people, including four who died.
Miller and his wife ate at the now-closed Beaver Valley Mall Chi-Chi’s on Oct. 12, 2003. He became ill with hepatitis A several weeks later and underwent a liver transplant Nov. 8.
“The Millers are happy to have the litigation behind them,” Marler said. “No amount of money ever makes losing your liver worth it, certainly.”
Miller, who had inspected railroad facilities but can no longer work, wanted a trust established to provide for his ongoing care, his attorney said.
“Richard cannot hope for noticeable improvement in his health,” according to the trust agreement. He may suffer future bouts of hepatitis A and may require another liver transplant, the agreement said.
Karen Roebuck can be reached at kroebuck@tribweb.com or (412) 320-7939.