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Outbreak News

Wrongful death lawsuit filed against Elmira restaurant

Rochester (April 25, 2005) – A wrongful death lawsuit was filed against the Maple Lawn Dairy Family Restaurant on behalf of the estate of Donald Rockwell, a Chemung County resident who contracted hepatitis A after eating at the restaurant in October, 2004 and died on March 13, 2005. Seattle law firm Marler Clark and Rochester law firm Underberg & Kessler, which together represented over 80 victims of the 2002 Brook-Lea Country Club salmonella outbreak in Rochester, represent Mr. Rockwell’s estate and his two minor children in the lawsuit, which was filed Monday in Chemung County Superior Court (case no. 05-1578).

The lawsuit alleges that Mr. Rockwell ate at the restaurant on October 3, 2004 and that he began feeling ill on October 20. Mr. Rockwell sought medical attention on November 3, for a hepatitis A infection. Two days later, he was transferred to Strong Memorial Hospital in Rochester, where he suffered liver failure and several secondary infections while remaining in the intensive care unit for months. Mr. Rockwell’s kidneys failed, and he was placed in a medically induced coma, from which he never awoke.

“We filed this lawsuit because Mr. Rockwell’s children have been left without a father and provider.” said Bruce Clark, a partner with Marler Clark. “They are certainly not looking to hurt the restaurant, but instead seek just compensation for what they have gone through emotionally and for the financial loss sustained. It’s been an unbelievably difficult ordeal for these kids. Our goal is to obtain whatever insurance proceeds may be available, though anything approaching full compensation for a loss this large is most unlikely. The family is very grateful for the community support they have received.”

Continue reading Wrongful death lawsuit filed against Elmira restaurant on the Marler Clark website.

More on this outbreak: Maple Lawn Dairy Hepatitis A Outbreak

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