Albany Litigation Attorneys for Food & Water Illness Outbreaks

Assisting Clients in the Capital District

It is estimated that 5,000 people die each year in the United States from foodborne illnesses. Over 300,000 are hospitalized. Waterborne illness is the leading cause of disease and death worldwide.

News reports of food recalls and water illness outbreaks in recent years have shed light on this problem, raising people’s awareness of food and water safety. However, the strict regulatory health and sanitation codes that food suppliers and water system operators must adhere to, are, unfortunately, not always followed. In many cases, proper food processing, testing, handling, and storage procedures are ignored; foods are not properly packaged or refrigerated; employees do not wash or sanitize their hands; and meats, poultry, seafood and dairy products are undercooked. Similarly, proper education, training, and maintenance of water sources and systems is critical for the prevention and control of waterborne illnesses.

Although consumers may not see these unsafe conditions, their consequences are felt in the form of harmful pathogenic bacteria, viruses, and parasites, including:

• Campylobacter
• Cryptosporidium
• E. Coli
• Giardia
• Listeria
• Legionnaire’s Disease
• Norovirus
• Salmonella
• Shigella

If you have been affected by any of the above, contact our Albany litigation attorneys at Dreyer Boyajian LLP for a free initial consultation.

Recreational Water Illnesses (RWI)

These harmful pathogens also threaten recreational water facilities such as swimming pools, water parks, spas, lakes, and rivers. Improper design, treatment, and operation of water systems can lead to water contamination, whether due to poor education and training of staff; supervision of recreational bathers; inadequate filtration and chemical treatment; or the failure to implement proper health safeguards and monitor sanitary conditions.

Symptoms of food and waterborne illness include nausea, vomiting, stomach cramping, diarrhea, and dehydration. These symptoms may appear within 24 hours or weeks after exposure depending on the nature of the infection. In people with impaired or compromised immune systems, including pregnant women, infants, children and the elderly, severe medical problems may result, such as hemolytic-uremic syndrome (HUS), and, in the worst cases, lead to death.

Albany Food Poisoning Lawyers for Illness or Injury Litigation

Dreyer Boyajian LLP has a track record of helping victims of food poisoning and waterborne illness. Uncovering safety problems and holding food and water service providers responsible requires the skill and personal attention of an Albany litigation attorney with knowledge of the different disease-causing pathogens; experience working with experts in the fields of infectious diseases, epidemiology, microbiology, biochemistry and immunology; and awareness of applicable industry standards of care and governmental health regulations. Our attorneys handle claims on behalf of individuals as well as outbreaks affecting thousands of victims.

We have successfully certified numerous outbreak cases as class actions:

• Dunn et al. v. Washington County Fair, Inc., et al, NYS Sup. Ct. Saratoga County, 99-3235. Appointed Lead Class Counsel in the successful settlement of a class action involving the E. coli O157:H7 outbreak at the New York State Washington County Fair in August 2000, which at the time was considered to be the largest waterborne E. coli outbreak in the nation’s history.
• Arroyo et al. v. State, Ct. NYS Court of Claims, No.111361. Successfully certified and settled a class action in the New York State Court of Claims against the State of New York on behalf of thousands of persons injured by the 2005 Seneca Lake Spraypark Cryptosporidium outbreak. Dreyer Boyajian LLP was appointed Co-Class Counsel in the case, which was the largest reported outbreak of cryptosporidium in New York State and second largest reported outbreak in U.S. recreational water history.
• Baker et al v. SF HWP Management LLC et al, NYS Sup. Ct. Washington County, No. 50564. Successfully certified and settled a class action involving a norovirus outbreak at the Six Flags Great Escape Indoor Lodge and Waterpark, Lake George, New York, in March 2008. Dreyer Boyajian LLP was appointed Co-Class Counsel in the case, which was one of the largest norovirus outbreaks in New York State history.
• Bellotti v. Smiley Brothers Inc., Sup. Ct. Ulster County, Index No. 14-522. Served as Class Counsel in a class action certified and settled on behalf of hundreds of persons injured in the 2014 norovirus outbreak at the Mohonk Mountain House in New Paltz, NY.
• Peni v. Daily Harvest, S.D.N.Y. 1:22-cv-05443. Appointed C0-Class Counsel in pending personal injury class action settlement granted preliminary approval by federal district court in 2022 nationwide outbreak of food poisoning from consumption of product containing tara flour protein.