Type of action: General tort liability
Injuries alleged: Hepatitis A with organ failure
Name of judge or mediator: Judge Diane Strickland (Ret.)
Date resolved: 3/2/2023
Verdict or settlement: Settlement
Attorneys for plaintiff: Tony Russell, Roanoke; Les Bowers, Charlottesville
Description of case: A 68-year-old woman and her 69-year-old husband each contracted a foodborne illness after dining at a local restaurant. Both were eventually diagnosed with a Hepatitis A infection. The husband suffered relatively minor symptoms and his liver enzymes normalized with treatment in the emergency room. The wife experienced severe symptoms including cough, hematuria, malaise, weakness, altered mental status, jaundice and fatigue. She went into liver and kidney failure and ultimately required a kidney and liver transplant that will require extensive lifelong follow-up care. After litigation, the matter settled confidentially for approximately $5.5 million.
Les Bowers, counsel for plaintiff, provided case information.