Action In Numbers*

A Southfield law firm is suing Stage Co.
restaurant on behalf of hepatitis A victims.

JULIE EDGAR

News Editor

he 44 people who fell ill
ith hepatitis A after eating
tainted cole slaw at the
Stage & Co. restaurant in
August may opt to join a class-action
lawsuit against the deli.
Twenty people have already filed
lawsuits against the Stage stemming
from the hepatitis outbreak in August
and September. They can elect to pro-
ceed on their own or join the group
lawsuit, which alleges product liability
and negligence, said attorney Harvey
Chayet of Thurswell, Chayet &
Weiner, P.C. The representative plain-
tiffs are Gerald and Joan Penfil; who
were the first to file against the Stage.
Oakland County Circuit Court Judge
Richard Kuhn will hear the case.
In late September, the Oakland
County Health Division: identified the
Stage as the origin of the outbreak.
One of those affected, 67-year-old
Martin Olshansky, died, although not
necessarily as a result of the hepatitis.
His wife has sued the Stage.
Health inspectors said they believed -
a Stage employee who was sick with
the virus mixed batches of cole slaw
Chayet, who already represented
that were consumed during the first
seven or eight of the hepatitis victims
week of August. The Orchard "Lake
before filing the class action, said some
Road restaurant imports chopped cab-
of the plaintiffs are still suffering
bage and tosses it with dressing in its
fatigue, weakness and worse from the,
kitchen.
effects of the infection.
Hepatitis A typically is contracted
"Older persons have a tougher time
by oral contact with fecal matter and
arid- it's a much slower, more gradual
causes-inflammation of the liver. .... .__-_ px,ocus_oixecovery. Some people have
Symptoms mimic the flu's, and in bad
developed additional problems as a
cases, hepatitis can lead to jaundice,
consequence of hepatitis; their
but it does not cause permanent liver
immune system is, in effect, shut
damage. A person cannot contract the
down," he said.
virus more than once.
Chayet said those who have filed
All Stage employees have been
lawsuits against the Stage — seven or
immunized against the virus and
eight of whom he is representing —
owner Steve Goldberg immediately
or plan to, may join the class action
implemented new handwashing rules
suit by contacting his office at (248)
for employees, two of whom were out
948-0000.
for weeks with the illness.
Those who wish to be excluded
Goldberg would not comment on
from the action should also contact
the litigation.
the firm for an exclusion form. If they
"Ultimately, it's going to be a jury
do not do so within 60 days, they
that decides this," said his attorney,
waive their right to be excluded from
Stephen Moffett. "Right now, we're
the class. Any judgment will bind all
not interested in settling anything;
plaintiffs in the class. 111

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we're interested in getting our facts
Li-
straight."
To that end, Goldberg has sued the
Oakland County Health Department
for allegedly violating terms of the
Michigan Freedom of Information
Act. According to the lawsuit, the
county has refused to turn over •
unedited reports of the department's
investigation of the hepatitis outbreak,
including the names, addresses, health
history and other personal informa-
tion it obtained.
"We have been able to obtain an
edited version, but the unedited ver-
sion is important to plaintiffs and
defendants ... We were forced to'-file a
lawsuit, which, in my opinion, is a
waste of time and money," Moffett
said.

Hepatitis victims
are suing the
Stage en masse.