Tona Kunz of the Chicago Daily Herald wrote that Marler Clark leveled what it hopes will become a class action lawsuit against the Houlihan’s restaurant in Geneva Commons. The lawsuit filed Friday in Kane County on behalf of a Geneva family of four seeks an unspecified amount of damages for exposure to hepatitis A, a disease that can attack the liver.
Between Jan. 8 and Jan. 19 the family of Rebecca Johnson – along with at least 3,000 people estimated to have eaten at the restaurant – were potentially exposed to the virus when an infected employee was working while potentially contagious. Most at risk are patrons who had drinks with ice, which was potentially tainted, according to the Kane County Health Department, which investigated the exposure.
The law firm of Marler Clark is seeking to have the lawsuit expanded to a class action suit. A judge will have to rule on that, but the firm is compiling a list of possible litigants. So far at least five others, including a parent of a teen at a synchronized skating competition held last weekend at the Fox Valley Ice Arena in Geneva, have expressed interest in joining the lawsuit. Those interested in joining the suit can call the firm at (206) 346-1888.
“Filing a class action makes sense in that people who received shots had similar injuries,” said William Marler, managing partner of Marler Clark. According to the lawsuit, class members will seek damages including lost wages, medical and travel expenses, and emotional distress related to the fear of becoming infected with the hepatitis A virus. The damages would compensate those who had to take off work to receive inoculations, and those who could not get to the free clinic offered by the Kane County Health Department and had to seek shots from private physicians.