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 Tw Tumi Garment are designed to make packing and unpacking easier than ever! The more you travel, the more you'll appreciate Tumi, Discount Prices and the Largest Selection o Top Designer Fragrances 12/26 1997 14 LEVIN BEAUTY WEST BLOOMFIELD 6716 Orchard Lake Road (248) 851-7323 OAK PARK 24695 Coolidge Highway (248) 547-9669 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.