Second suit filed against Milan McDonald’s
Source of Article: http://www.qctimes.com/news/local/article_14437440-77c4-11de-aa6a-001cc4c03286.html
A second lawsuit has been filed against a Milan McDonald's restaurant where several people were allegedly exposed to hepatitis A.
The latest suit filed in Rock Island County Circuit Court claims the juvenile son of Dennis and Lisa Mrasak, Dillon Mrasak, became ill after eating at the McDonald's, 400 W. 1st St., on July 12. The suit identifies the Mrasaks as being from Rock Island County.
The suit names McDonald's and the Milan restaurant's owner Kevin Murphy as defendants.
According to the suit, Mrasak was very fatigued, had aches and pains and a high fever. For several days, he was "markedly jaundiced," the suit adds.
On July 16, Mrasak was admitted to a local hospital and tested positive for HAV. He was discharged on Monday but remains under the care of a doctor. The suit does not identify his age.
The suit seeks more than $50,000 in damages. The Mrasaks could not be reached for comment.
The suit was filed by attorneys Craig Mielke of Geneva, Ill., and William Marler of Seattle, who also filed a class-action suit against McDonald's and Murphy on Tuesday.
Marler said Thursday that the Mrasak suit is an illness case, as opposed to the class-action suit that involves those who just received a shot. Cases involving someone who became ill will be treated individually, Mrasak said.
In the earlier suit, plaintiff Cody Patterson claimed to have eaten food or to have had a beverage from the restaurant eight or more times in June and July. It did not detail whether he became sick.
The suit claims to represent all of those who may have contracted or been exposed to the illness while eating at the McDonald's in June and July. Murphy said in a statement issued earlier this week that he didn't learn until July 13 about hepatitis A affecting the restaurant, his employees and customers.
"Regarding this matter, the Rock Island County Health Department has repeatedly stated that they have not confirmed the source of the outbreak. In fact, they believe, based on the number of confirmed cases, that, most likely, there are multiple sources," Murphy said in the statement. "When I was notified about this matter by the Rock Island County Health Department on July 13, I took immediate action to address their concerns. My restaurant was temporarily closed at the direction of the Rock Island County Health Department. My restaurant re-opened on Saturday, July 18."
He said because the lawsuit is a pending legal matter, "it would be inappropriate to further comment or speculate." McDonald's USA issued a similar statement.
In an updated release Wednesday, Murphy added , "No one ill knowingly worked in my restaurant once I was notified."
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