August 18 2011 National food safety law firm Marler Clark filed a class action lawsuit against Olive Garden this week. The lawsuit was filed on behalf of named plaintiff Claudia Prescott and all others who received Hepatitis A vaccinations or Immune globulin (Ig) injections in the wake of a Cumberland County Public Health Department announcement that patrons of the Fayetteville Olive Garden had been exposed to the hepatitis A virus after dining at the restaurant.
According to the complaint, which was filed in Cumberland County Superior Court (File No. 11-CvS-7060) an employee who worked at the Fayetteville Olive Garden was infected with hepatitis A while working shifts at the restaurant in late July and early August, leaving diners possibly exposed to the virus.
For public and personal safety reasons, many persons who consumed food or beverage at the Fayetteville Olive Garden on those dates were required to obtain an Ig injection or the hepatitis A vaccine to prevent infection with the potentially deadly hepatitis A virus.
While the precise size of the class is yet unknown, attorneys for Marler Clark believe it may reach up to 3,000 people. Anyone who received an immune globulin shot or hepatitis A vaccine as a result of consuming food or beverage at Olive Garden may be eligible to join the class.