First lawsuit in Chincoteague food poisoning filed by Pa. man
Carol VaughnCHINCOTEAGUE ISLAND, Virginia — A Pennsylvania man filed a lawsuit in Accomack County seeking $500,000 from a Chincoteague business health authorities say served clam chowder tainted with salmonella at a festival.
Charles Coffield of West Alexander, Pennsylvania, became ill after eating the chowder at the Chincoteague Chili Chowder Cook Off, according to the lawsuit.
Washington, D.C., law firm Regan Zambri Long and Marler Clark, a Seattle law firm that specializes in foodborne illness cases, filed the lawsuit on his behalf this week against Shrimp Heads Inc. in Chincoteague, Virginia.
Shrimp Heads Inc. shares an address with the Crab Shack, which an Oct. 24 health department news release said was the source of chowder served at the cook off that tested positive for salmonella.
The business could not be reached for comment Wednesday morning.
Coffield is asking for a jury trial.
The festival was sponsored by the Chincoteague Island Volunteer Fire Company, which owns the wild pony herd and holds Pony Penning, for which the island is known.
READ MORE: Photos of dogs harassing Assateague pony sparks investigation
Coffield ate one sample and one bowl of clam chowder made and sold by the restaurant at the festival on Sept. 30, according to the lawsuit.
The next day, he began to feel ill, including suffering from nausea, vomiting, diarrhea, stomach cramps, fever, muscle aches, fatigue, headache, chills and lightheadedness, the lawsuit states.
Coffield was taken by ambulance Oct. 3 to Riverside Shore Memorial Hospital in Onley, which is located in Accomack County.
He continued to experience symptoms for weeks afterward and missed several days of work, the lawsuit stated.
Test results showed Coffield's illness was caused by a salmonella infection, and the result was reported to Accomack County and the Virginia Department of Health, according to the lawsuit.
About 180 people reported becoming ill after the event, according to the Eastern Shore Health District.
Most of those stricken were Virginia residents, followed by Maryland residents.
Additionally, cases were reported from Delaware, New Jersey, New York, Pennsylvania, West Virginia and North Carolina residents who attended the event.
About half of those who reporting becoming ill after the festival sought medical care, with 20 percent receiving emergency room care — 10 percent were hospitalized for one or more nights. No deaths were reported.
The health department on Oct. 24 identified chowder served by the establishment as the source of the salmonella outbreak.
An Eastern Shore Health District official said the incident was a "point-source outbreak" and the food item is safe now.
"The risk of illness was only one day, one place, one group, one thing," said Dr. David Matson, explaining the technical term.
Matson is director of the Eastern Shore Health District.
He demonstrated his confidence by traveling to Chincoteague on Oct. 26 to eat a bowl of the same chowder at the restaurant.
"The risk is gone," he said.
RELATED: After outbreak, chowder safe, tasty, health director says
Coffield in the lawsuit claims the business had a duty to use supplies and raw materials that complied with food laws and regulations; to use reasonable care in making and selling the chowder to keep it free from Salmonella adulteration; and "to use reasonable care in the selection, supervision, and monitoring of its employees, suppliers, or other subcontractors" — and that it "breached this duty."
When asked whether any disclaimer at the event could affect the business' liability for his client's illness, attorney Bill Marler said, “You cannot disclaim poisoning people. I do not bring unwarranted claims.”
Marler has been involved in litigating foodborne illness cases since 1993, when he represented Brianne Kiner in a case related to an E. Coli outbreak traced to Jack in the Box. The case was settled for $15.6 million, creating a Washington state record for an individual personal injury action, according to the law firm's website.
The Chincoteague cook-off was the first time in memory a food poisoning outbreak resulted from a temporary food event on the Eastern Shore of Virginia, Matson said, adding that Keith Privett, a 35-year Eastern Shore Health District employee, could not recall anything similar.
"So this is rare, it's unfortunate and it was one time," Matson said.
A Chincoteague Volunteer Fire Company spokeswoman said the company plans to continue to hold the annual event, with extra safety precautions.
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