Cryptosporidium Lawyer & Attorney : Marler Clark : Cryptosporidium Blog

The Judge in the Court of Claims recently certified the Cryptosporidium case against the State of New York as a class action. This order officially turns the case into a class action. The certification of the class is a big help in terms of getting the state to deal with these claims. The class members include all those who are existing Marler Clark, Underberg & Kessler, or Dreyer Boyajian clients and have filed a claim against the State. The Judge has also indicated that the Class can be expanded to include others who now come forward and follow the procedures necessary to making a Cryptosporidium claim against the State. Individuals who wish to join the class should contact Marler Clark at marler@marlerclark.com or toll-free at (866) 770-2032.

We are in the process of requesting information from the State concerning the Spray Park in an effort to demonstrate what we believe was the State's obvious negligence in failing to have adequate protections against Cryptosporidia. At the same time, we are assembling basic information about all class members to share with the State in order to establish a basis for compensation. While it is too early to know what course the class action will follow, our goal is to reach a negotiated resolution with the State for monetary compensation for our clients.

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Ruling allows victims of 2005 Cryptosporidium outbreak at Seneca Lake State Park to join class action lawsuit against State of New York

ROCHESTER, NY (July 14, 2006) -- A class action lawsuit filed against the State of New York Department of Parks, Recreation, and Historical Preservation was certified today. The class certification ruling allows all persons who became ill with Cryptosporidiosis and/or were otherwise damaged as a result of the Cryptosporidium outbreak at the Seneca Lake State Park Spraypark in 2005 to join the class and receive compensation for their injuries and economic damages. Attorneys from Marler Clark, Underberg & Kessler, and Dreyer Boyajian filed the motion requesting certification of the class in December.

"We are very pleased that the Judge ruled in favor of certifying the class action," said Paul Nunes, a partner in Underberg & Kessler. "This decision allows people who have not already filed claims to join the action now. We encourage those who have not yet filed a claim to contact us so they can become part of the class."

The Court not only certified the class action lawsuit, but also consolidated all claims previously brought on behalf of victims by Marler Clark, Underberg & Kessler, and Dreyer Boyajian. "By consolidating all claims into one class, the Court has done a considerable favor to taxpayers. The State's resources will now be focused on one large claim instead of on hundreds of smaller claims," added Bruce Clark, a partner in Marler Clark.

"We're hoping that certification of the class and consolidation of all claims will speed up the process by which victims receive compensation," said Donald Boyajian, a partner at Dreyer Boyajian.

The New York State Health Department shut down the Sprayground on August 15, 2005, after it was determined that the Sprayground's water holding tanks, which were used to recycle water, were contaminated with Cryptosporidium. On August 26, the Health Department issued an update on its investigation into the outbreak, announcing that 3,297 cases of Cryptosporidium had been reported in 33 New York counties. Of those cases, 415 were confirmed cases reported to the State Health Department. Thirty-three people had been hospitalized with Cryptosporidiosis.

Marler Clark has represented thousands of victims of bacterial, viral, and parasitic illness since 1993. The firm is currently litigating food borne illness cases involving E. coli, Salmonella, Shigella, Listeria, Cryptosporidium, Norovirus, and Hepatitis A. Together with Underberg & Kessler, Marler Clark represented 72 victims of the Brook-Lea Country Club Salmonella outbreak in 2002. Dreyer Boyajian represented members of a class action lawsuit in litigation resulting from the E. coli O157:H7 outbreak at the Washington County Fair in 2000.

For more information, contact Suzanne Schreck at 206/346-1879 or sschreck@marlerclark.com.

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Wednesday, July 05, 2006
By CRAIG FOX
Finger Lakes Times

GENEVA - It's going to be a few more weeks before the spraypark at Seneca Lake State Park reopens.

It's taking state Park, Recreation and Historic Preservation work crews longer than expected to install new filtration and ultraviolet systems designed to prevent a recurrence of last summer's gastrointestinal outbreak.

The delay is being caused by a few engineering changes to the new systems and getting the state Health Department to sign off on the changes, Gibson said.

The Health Department must also test "every piece of new equipment" in the system and make sure they work properly before the park reopens, Gibson said.

"We're taking it day by day," Gibson said.

The equipment is required under a set of state Health Department regulations put into place after several thousand park visitors became sick last summer.

The Health Department determined the illness was cryptosporidius, caused by a microscopic parasite and spread through human feces. The sprayground was closed in mid-August.

The improvements -- designed to deactivate any micro-bacterial organisms that form in the sprayground's water supply -- began in March and were expected to be completed by early this month.

But state parks spokeswoman Wendy Gibson said this morning the hope now is to get the spraypark open by the end of the month.

Health Department officials determined the problem was with two filtration system pumps that recycle water. The new ultraviolet system will either kill the micro-organisms or stop them from reproducing.

The spraypark will also be getting a new water filtration system that can filter more water per minute; it's being installed in a small brick building under construction at the site.

It'll be the first spraypark using an ultraviolet system in the state, Gibson said, adding that "it's been a learning process for us."

No other work will be done on the spraypark itself; all the spray gadgets and the existing rubber surface will remain as is, Gibson said.

The cost of the project wasn't available this morning.

In January, the state Health Department drafted regulations to ensure safety at water parks. The facility normally opens for the Memorial Day weekend.

The new regulations are specific to sprayparks that recycle water but not parks that use only fresh water in their filtration systems.

All splash and sprayparks are required to obtain permits from county health departments.

Signs have to be posted telling those with diarrhea to keep out of the water, and the area has to be fenced to keep animals out.

A class action lawsuit representing 663 people who became ill after visiting the spraypark has been filed against the state Parks Department. The lawsuit seeks compensation for damages, including pain and suffering, medical expenses and lost wages.

cfox@fltimes.com

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by Seth Voorhees
Published Jun 22, 2006

An Ontario County spray park where more than 4,000 people became ill last summer is preparing to reopen.

The spray park at Seneca Lake State Park shut down in August, after an outbreak of cryptosporidium.

Changes being made this year include an expanded filtration system, and an ultra-violet water treatment system.

"UV is very effective against organisms like cryptosporidium, whereas chlorine isn't," said Jeff McDonald of the state parks department.

Park officials believe the changes will quell people's apprehensions about coming back, following last year's troubles.

"I would come back again," said Amanda Barto of Seneca Falls. "As long as they cleaned everything up and it was safe."

Last summer's outbreak sparked a lawsuit, filed by many of those who became ill. The suit is still pending.

Officials hope to reopen the Geneva spray park by mid-July.

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May 24, 2006
WROC8TV.com
Cathy Orosz

The playground at Seneca Lake State Park is the only kids' attraction right now.

That's because the spray park remains dry following last summer's cryptosporidium outbreak.

Debbie Patrick of Geneva hopes her son will soon be able to splash in the water again.

"It's definitely a good place to come with the kids," she said Wednesday.

But it will be a while longer before the spray park is re-opened. A state-mandated makeover is underway to prevent an outbreak like the one that sickened nearly 4,000 people last summer.

A new building has gone up to house a new filtration system. The filters have arrived, but their foundation is still being poured.

A second structure will house something even more unique: an ultra-violet system.

"U-V is very effective against organisms like cryptosporidium," explained Jeff McDonald, one of the park managers.

U-V light can stop microorganisms from multiplying. The system will be the first-of-its-kind in New York State, making a blue print for spray parks all across the country.

"Now every spray ground is looking at what their systems are and what we're trying to accomplish with the U-V, so we'll be the guinea pigs and probably set a new standard," said Ron Stewart, Regional State Parks Director.

The spray park will also be getting new fencing, leaving just one entrance into the venue. Patrons will have to rinse off their feet before entering. And signs will be posted, alerting people about several new rules.

There's public trust to re-gain before the spray park re-opens. The State Health Department has to sign off first.

"I think a lot of people will wait on that factor before they visit," said Patrick.

She has no doubt her family will be back in the water when the spray park re-opens in late June or early July.

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CHRISTOPHER DIAKOPOULOS

The Saratogian

SARATOGA SPRINGS - The Department of Public Works is working to get the city's four "spraygrounds" open for play this year, despite new regulations from the New York State Department of Health requiring an additional water treatment system.

New regulations from the state Department of Health forced the city to close its four wading pools last year and renovate them as spray fountains. But with the outbreak of the bacteria cryptosporidium last summer at Seneca Lake State Park that resulted in more than 1,800 illnesses, the DOH changed the regulations again to include ultraviolet water treatment in addition to the chlorine system the city installed last year.

"We're trying to get ready for our opening and to meet the state standard," said WilliamMcTygue, director of Public Works. "We're not prepared to put in a separate UV disinfection system, but we are modifying our system to spray fresh water."

McTygue said the changes will bypass the chlorination system put in last year at the city's four parks at the West Side Rec fields, East Side Rec fields, South Side Rec and Geyser play area.

"It will be fresh water off the city system," McTygue said. "The DOH said that because we were recirculating the water, we couldn't do it without the UV and they didn't want to bend their new rule."

Assistant City Engineer Debbie LaBreche said the city required the bidder for the job last year, Concord Pools, to design the system to easily accept these changes in the future.

"We had input from DOH and we made sure we kept them abreast of what we were doing last year," LaBreche said. "We required Concord Pools to address DOH's suggestions, so when the regulations changes, this wasn't a big surprise."

Since the new design will be spraying fresh water off the city system, and then draining it to a waste pipe, the designs will use more water compared to the previous chlorination/recirculation system (similar to a swimming pool's system), but LaBreche said the replacement of some of the nozzles at the parks will keep the water use down.

"As long as we don't have any water restrictions, this will work," McTygue said.

According to the national Center for Disease Control, Cryptosporidium is a very common cause of waterborne disease. The intestinal illness caused by the bacterium, Cryptosporidiosis, carries symptoms including diarrhea, abdominal cramping, nausea, vomiting, fever, and headache. Until last year, New York had between 400 and 500 cases reported annually, according to the Department of Health.

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3/20/2006 2:00 PM
(WROC-TV)

Lawyers for victims of a Cryptosporidium outbreak will appear before the State of New York Court of Claims in Syracuse on Monday, March 20th, to argue a motion in favor of the certification of a class action lawsuit against the State of New York Department of Parks, Recreation, and Historical Preservation.

If the class action is certified, all persons who became ill with Cryptosporidiosis and/or were otherwise damaged as a result of the Cryptosporidium outbreak at the Seneca Lake State Park Spraypark in 2005 would be eligible to join the class and receive compensation for their injuries and economic damages.

The New York State Health Department shut down the Seneca Lake State Park Sprayground on August 15, 2005, after it was determined that the Sprayground's water holding tanks, which were used to recycle water, were contaminated with Cryptosporidium.

On August 26, the Health Department issued an update on its investigation into the outbreak, announcing that 3,297 cases of Cryptosporidium had been reported in 33 New York counties.

Of those cases, 415 were confirmed cases reported to the State Health Department. Thirty-three people had been hospitalized with Cryptosporidiosis.

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Lauren Stanforth
Staff writer
The Democrat and Chronicle

(February 10, 2006) - In the wake of one of the nation's largest waterborne parasitic outbreaks in a decade, the state Health Department has finalized regulations that for the first time will ensure health and safety at splash and spray parks.

The regulations were written as a result of a parasitic outbreak at Seneca Lake State Park Sprayground near Geneva in which more than 3,800 people fell ill between June and August 2005 with symptoms of diarrhea, nausea, fever and headache. The parasite cryptosporidium was found in the Sprayground's water tanks and likely infected visitors when they got water from the park's sprayers in their mouths.

Cryptosporidium is a parasite found in human and animal feces. The Health Department now says its investigation concluded that park patrons infected the water. As to what extent the Sprayground's filtration system played a role in the outbreak, state health spokesman Robert Kenny said that a state investigation found the filtration system was inadequate to deal with cryptosporidium.

The new regulations, finalized in January, target spray and splash parks that use recycled water, as opposed to parks that spray fresh water. Seneca Lake State Park's water was recycled.

The state now will require all splash and spray parks to obtain permits from their county health departments, install appropriate filtration systems, put up signs alerting those with diarrhea to keep out of the water and to erect fencing around the area to keep animals out.

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By CRAIG FOX

Finger Lakes Times
cfox@fltimes.com

Three law firms representing 663 people who became ill after visiting the Seneca Lake State Park Sprayground last summer want to combine their efforts into one class action lawsuit.

A hearing has been scheduled for Jan. 18 in Syracuse, where the Seattle firm of Marler Clark and Rochester attorney Paul Nunes of Utterberg & Kessler will ask a Court of Appeals judge to let them join their cases with those of the Dreyer Boyajian law firm in Albany.

Nunes and the Seattle firm were already working together on a class action suit against the state Office of Parks, Recreation and Historic Preservation, which owns and runs the park.

The three firms want to team up because they have an expertise in class action lawsuits involving food-borne and water-contamination illnesses, Nunes said.

The sprayground was closed Aug. 15 after about 40 people complained of a gastrointestinal illness. In subsequent weeks, the outbreak grew to nearly 4,000 people across the nation.

The state Health Department determined the illness was cryptosporidiosis, caused by a microscopic parasite.

During the January hearing, the attorneys also will ask Judge Nicholas J. Midey to certify the class action lawsuit, Nunes said.

"It'll formalize and consolidate our lawsuit," Nunes said. "By certifying it, it will show that this is an appropriate lawsuit to be handled in a class action suit."

Assistant Attorney General Ed Thompson, who is representing the Parks Department, said the certification is just the next step in filing a class action suit.

"It's just a procedure. This is very, very early on in the suit," Thompson said.

The lawsuit will seek compensation for damages, including pain and suffering, as well as medical expenses and lost wages.

Wendy Gibson, spokesperson for the state parks office, couldn't be reached for comment Wednesday.

Working with the state Health Department, the state parks department has started rewriting regulations governing water quality at all sprayparks and hopes to implement them by February.

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FOR IMMEDIATE RELEASE
Contact Suzanne Schreck
206-346-1879
sschreck@marlerclark.com

ROCHESTER, NY (December 19, 2005) - Attorneys from Marler Clark, Underberg & Kessler, and Dreyer Boyajian filed a motion Friday for certification of a class action lawsuit against the State of New York Department of Parks, Recreation, and Historical Preservation. If the class action is certified, all persons who became ill with Cryptosporidiosis and/or were otherwise damaged as a result of the Cryptosporidium outbreak at the Seneca Lake State Park Spraypark in 2005 would be eligible to join the class and receive compensation for their injuries and economic damages.

The New York State Health Department shut down the Sprayground on August 15, 2005, after it was determined that the Sprayground's water holding tanks, which were used to recycle water, were contaminated with Cryptosporidium. On August 26, the Health Department issued an update on its investigation into the outbreak, announcing that 3,297 cases of Cryptosporidium had been reported in 33 New York counties. Of those cases, 415 were confirmed cases reported to the State Health Department. Thirty-three people had been hospitalized with Cryptosporidiosis.

Paul Nunes, a partner in Underberg & Kessler, spoke in favor of class certification, saying, "Class certification is the best way for both plaintiffs and defendants to conserve resources and resolve claims in a timely manner. Unless the class is certified, the courts will be unnecessarily burdened with expensive litigation that could go on for years."

Bruce Clark, a partner at Marler Clark, agreed. "In the long run, the State of New York as well as the victims of this preventable tragedy will benefit by having this whole matter resolved in one Court with all interested parties involved."

"Class certification makes sense not only from a legal perspective, but also from a taxpayer's perspective," added Donald Boyajian, a partner in Dreyer Boyajian.

Marler Clark (www.marlerclark.com) has represented thousands of victims of bacterial, viral, and parasitic illness since 1993. The firm is currently litigating food borne illness cases involving E. coli, Salmonella, Shigella, Listeria, Cryptosporidium, Norovirus, and Hepatitis A. Together with Underberg & Kessler (www.underbergkessler.com), Marler Clark represented 72 victims of the Brook-Lea Country Club Salmonella outbreak in 2002. Dreyer Boyajian (www.dreyerboyajian.com) represented members of a class action lawsuit in litigation resulting from the E. coli O157:H7 outbreak at the Washington County Fair in 2000.

For further information, please visit www.Cryptosporidiumblog.com or contact Suzanne Schreck at (206) 346-1879, or by e-mail at sschreck@marlerclark.com.

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By MARCELA ROJAS
THE JOURNAL NEWS

SOUTHEAST - Several more swimmers were sickened by a parasite that may have contaminated an indoor pool on Route 22.

Wings over Water, a center where children take lessons and have birthday parties, closed last week at the recommendation of the Putnam County Health Department after two unrelated people, an adult and a child, were diagnosed with cryptosporidiosis, a gastrointestinal illness caused by a microscopic parasite called cryptosporidium. The organism is found in feces.

Since then, another five individuals, one adult and four children, tested positive for the communicable disease, according to the Putnam County Health Department. A number of people also have called with symptoms but have not been tested, said county Health Commissioner Dr. Sherlita Amler.

"We are working closely with the facility to ensure that they are in line and that everyone is safe," she said.

Officials still are investigating the source of contamination and may never know the cause, Amler said.

The 25-by-60-foot pool is being drained and already has been superchlorinated, a process that thoroughly cleans the filters and other equipment, said Melissa Flannery, program director for Wings over Water. The water was tested for cryptosporidium, and results are pending, she said.

The center is expected to reopen Thursday, Flannery said.

"Our first concern is the health and safety of our swimmers and the community," Flannery said.

More than 1,000 people who use the pool were notified by letter about the matter, and a second mailing is on the way, Flannery said. Swimmers are being asked not to return to the facility until they are symptom-free for at least two weeks, Amler said.

The most common indication of the disease is diarrhea, though nausea, vomiting, fever and headache also may occur. The illness may begin within days of exposure and persist for 14 days or less. Those with weakened immune systems may have more severe ailments.

Cryptosporidium is shed in the feces of infected humans and animals. According to the national Centers for Disease Control and Prevention, people can become infected by swallowing recreational water contaminated with cryptosporidium. The organism can survive for days, even in swimming pools with adequate chlorine levels.

Although they don't suspect the parasite of spreading to other pools, health department officials said as a precaution, they contacted the county's five other indoor swimming facilities - Green Chimneys in Patterson, Carmel Fitness and Racquet Club in Carmel, Jehovah's Witnesses' Watchtower Educational Center in Patterson, Arms Acres in Carmel and St. Basil's Academy in Garrison - to recommend that they superchlorinate their pools. Area doctors and emergency rooms in Putnam and other nearby hospitals also were told to be on the alert for patients with similar symptoms, Amler said.

"We're being very proactive," she said.

Kevin Hupp's 3-year-old daughter, Angela, had taken two swimming lessons at Wings over Water last month before the facility shut down, he said. Fortunately, he said, she has not gotten sick, though they are being cautious.

"We're obviously very concerned," said Hupp, who lives in Southeast. "But they seem to be doing the right thing, about as good as you can ask for. My daughter enjoyed the class very much."

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Patrice Walsh (Ontario County, NY) 10/18/05 - A day at the park turned out to be anything but for hundreds of Rochester-area families who were among the thousands sickened after visiting the spray park at Seneca Lake this summer.

Toni Lynn Van Bramer remembers telling her four-year-old son Joshua not to drink the water at the spray park when they visited in August. A week later, both of them were sick with gastrointestinal symptoms.

Van Bramer said, "It ruined the rest of the summer...it took us two and a half to three weeks before we felt normal...I was afraid to take him anywhere to make anybody else sick."

Tim Springer was the only one in his family who did not go to the spray park at the end of July, but he wound up the sickest.

He said, "One by one [my family] started getting sick."

Springer ended up spending five days in the hospital, missing two weeks of work and losing 12 pounds after his wife and three children passed the illness to him.

He said the pain was so intense that, "I was in the fetal position in the hospital--on morphine."

Class Action Lawsuit

Tim and Toni Lynn are among the hundreds from Rochester who reported illnesses linked to the spray park. They are part of a planned class-action lawsuit against the state.

Attorney Paul Nunes said, "We think the facts will show this is a simple case of negligence."

Officials at the state attorney general's office had no comment on the legal action.

The park was closed down after the illnesses were reported.

State health department workers found that the water was contaminated with a parasite, but have not determined how the contamination occurred.

New Regulations In The Works
Spencer said this case isn't about money, it's about accountability.
"There's no amount of money you could give me," he said, "I wouldn't want to go through that again."

The concern now is future safety of similar spray parks. The state health department is working on new regulations for spray parks including one that requires parks to use ultraviolet light technology to kill parasites in the water.

Those specific regulations will be released at the end of November.

Those named in the suit are asking for money for pain and suffering, lost time from work, and doctors' and hospital visits.

Only those who contact attorneys can be part of any class action case.

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Lauren Stanforth
Staff writer

(October 17, 2005) - New York state Assemblyman Joseph Morelle, D-Irondequoit, was meeting with New York state health and park officials today in Rochester, hoping to learn more about the state's investigation into the parasite outbreak at Seneca Lake State Park's Sprayground this past summer.

Morelle was being joined by Assemblyman Richard Gottfried, D-Manhattan, chairman of the Assembly's committee on health. Morelle is chairman of the committee on tourism, arts and sports development.

A Morelle spokesman this morning said the assemblyman wanted to learn whether the state had figured out how the parasite cryptosporidium had gotten into the Sprayground's water system, and what kind of regulations the state was writing to prevent this kind of outbreak from happening again.

The state health department had said it would propose spray park water regulations by year's end.

The state Attorney General's office was joining the meeting. That office is representing the state in at least two class action lawsuits that have been filed on behalf of some of the 4,000 people who got sick with the gastrointestinal illness "crypto" causes.

The parasite, typically found in infected feces, was found in the Sprayground's water tanks in mid-August. The state health department told the Democrat and Chronicle last week that it had not determined yet how the parasite had gotten into the recycling water system. LSTANFOR@DemocratandChronicle.com

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By CRAIG FOX
Finger Lakes Times
cfox@fltimes.com

A lawyer representing about 250 people who became ill after visiting the Seneca Lake State Park spraypark was scheduled to appear in a court of claims in Syracuse this morning to get the state to notify everyone who is eligible to join the suit his firm has filed.

Rochester attorney Paul Nunes wants the state to notify each of the 4,000 people who contacted the Depart-ment of Health because time is running out on the 90 days they have to file a notice of claim to preserve their right to sue.

"This comes in the general heading of: It's the right thing to do," Nunes said.

Nunes, a partner with the Rochester law firm of Underberg and Kessler, is working with a Seattle-based law firm that is an expert in waterborne illness suits. They have filed a suit against the state Department of Parks, Recreation and Historic Places.

An Albany attorney has also filed suit for another set of people who suffered the parasitic illness.

The spraypark was closed in mid-August after about 40 people complained about becoming ill shortly after being there. Reported incidents of the illness quickly spread to more than 20 counties in the state and beyond.

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The outbreak of a stomach illness at a spray park in Geneva has now moved into an upstate courtroom and it could soon become a class-action lawsuit. In a Syracuse courthouse Wednesday a Rochester lawyer says he has more than 250 clients who say they got sick from the spray park. But Paul Nunes says he knows there are thousands of other victims out there and he hopes they know their rights. "Giving notice to the department of health is not enough. You have to file a claim against the state of New York to protect your rights and time is running out."

Nunes says many of his clients did not know they had to take that step so he came to the court of claims to ask a judge to require the state to tell all 4,000 people that information.

The attorney generals office, which is defending the state, says it's a ridiculous request.

"What the claimants are looking for today is essentially an invitation from the State of New York to file a lawsuit against it," said Assistant New York Attorney General Winthrop Thurlow.

Thurlow says by now, most people who got sick from the spray park should either know their legal rights and/or have taken legal action.

He says it's an unnecessary step, one that is not within the law and one that would benefit Nunes and his law firm by bringing them more clients.

Nunes says that's not the motivation. He says just look at the paperwork. Some people got so sick; they were hospitalized and missed weeks of work. A wrong he says, that should not go unpunished because they don't understand the legal system.

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By CRAIG FOX
Finger Lakes Times
cfox@fltimes.com

GENEVA - A Rochester attorney and a nationally known Seattle law firm have filed a class action suit on behalf of families who became sick after visiting the spraypark at Seneca Lake State Park.

The Seattle law firm of Marler Clark and Rochester attorney Paul Nunes filed the case Tuesday against the state Office of Parks, Recreation and Historic Preservation, which owns and runs the state park.

The four-year-old sprayground was closed Aug. 15 after about 40 people complained of a gastrointestinal illness. In subsequent weeks, reports of the outbreak grew to nearly 4,000 people across the state and nation.

The state Health Department determined the illness was cryptosporidiosis, caused by a microscopic parasite.

The lawsuit was filed with the state Attorney General's office and it names Monroe County residents Timothy and Jacqueline Springer and their three children as the plaintiffs, but Nunes and the Seattle law firm also are representing several other families.

The Springer family became ill with the gastrointestinal illness after visiting the spraypark July 26, said Seattle attorney Bill Marler. Timothy Springer suffered such a severe case of the illness that he was hospitalized for three days, Marler said.

"Thousands of other people suffered the sane fate because the Office of Parks, Recreation and Historic Places failed to ensure the water at the spraypark was safe," Marler said.

Wendy Gibson, spokeswoman for the state parks office, couldn't be reached for comment Tuesday night.

Two weeks ago, Nunes and the Seattle firm took the first step in filing a lawsuit by filing a notice of claim with the state attorney general's office.

The class action lawsuit will proportionately divide any damages awarded to any claimants who become involved in the lawsuit.

The lawsuit is on behalf of people who were:

# Hospitalized for three days and had complications or invasive procedures;

# Admitted to an in-patient unit for hospitalization;

# Received outpatient medical care, including administration of IV fluids and;

# Received minimal medical care.

Last week, an Albany firm also filed a notice of claim involving another class action lawsuit on behalf of other families who became sick after visiting the spraypark.

On Aug. 26, the state Health Department concluded it will rewrite regulations governing water quality at all sprayparks and will implement them by November.

Marler has maintained that there is an ongoing problem with water quality in sprayparks across the country, with about 170 outbreaks at a variety of water recreational venues during between 1989 and 1999.

Many sprayparks across the country have been permanently closed after outbreaks have occurred, Marler said. So far, 33 people have been hospitalized with cryptosporidiosis from the Seneca Lake spraypark outbreak.

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By BEN DOBBIN
Associated Press Writer
September 13, 2005, 1:34 PM EDT

ROCHESTER, N.Y. -- The agency that oversees New York's parks and recreation sites was the target of a class-action lawsuit filed Tuesday on behalf of an estimated 3,800 people who developed gastrointestinal illnesses after visiting a popular water park in central New York.

A suburban Rochester couple, Tim and Jackie Springer, and their three young children became ill after spending the day at the state-run Sprayground near Geneva in late July. After caring for his children, the father ended up in the hospital with a secondary infection, the lawsuit alleged.

The Springers were named as plaintiffs in the lawsuit against the Office of State Parks, Recreation and Historic Preservation, but "thousands of other people suffered the same fate because the (agency) failed to ensure the water ... was safe," said attorney William Marler.

A class-action lawsuit is "the most effective way of handling this many ill people," said Marler, who specializes in litigation involving food and waterborne illnesses.

His Seattle-based firm has already been contacted by more than 100 people, he said.

The state agency, which maintains 172 parks, 35 historic sites and thousands of campgrounds, beaches, golf courses, trails and other recreation areas, doesn't comment on pending litigation, said spokeswoman Wendy Gibson.

Of some 3,800 people who reported becoming ill this summer after visiting the Sprayground, which has water jets shooting up from a hardtop surface, at least 33 were hospitalized.

The state Health Department shut down the Seneca Lake Park attraction in mid-August after tests found a common waterborne disease known as cryptosporidium in two storage tanks. The highly contagious disease can cause diarrhea, nausea and fever that can last for weeks. It usually goes away without treatment in healthy individuals.

Sprayground was first closed temporarily on Aug. 16 after officials received more than 100 reports of illnesses dating to early July. Once the outbreak was made public, the number of cases rapidly escalated.

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FOR IMMEDIATE RELEASE
Contact Suzanne Schreck
1-800-884-9840 Ext. 1879
sschreck@marlerclark.com

ROCHESTER, NY (September 13, 2005) - Marler Clark and Underberg & Kessler filed a class action complaint today against the New York Office of State Parks, Recreation and Historic Preservation. The lawsuit, which was filed in the State of New York Court of Claims, was filed on behalf of nearly 4,000 people who became ill with Cryptosporidiosis after visiting the Spraypark at Seneca Lake State Park in July and August. The named plaintiffs in the lawsuit are Timothy and Jacqueline Springer, a Monroe County couple, and their three children, who became ill with Cryptosporidium infections after visiting the Spraypark in late July.

"We filed this lawsuit as a class action lawsuit as the most effective way of handling this many ill people, especially children," said William Marler, managing partner of Seattle-based Marler Clark. "The Springer children suffered Cryptosporidiosis after playing at the Spraypark, and Mr. Springer had to be hospitalized after suffering a secondary infection after caring for his children. Thousands of other people suffered the same fate because the Office of State Parks failed to ensure the water at the Spraypark was safe."

Paul Nunes, a partner with Rochester firm Underberg & Kessler, added, "Claims against the Office of State Parks must be brought within ninety days of the injury, or cannot be brought at all. Besides filing a class action, we urge all people sickened to file timely Notices of Claim with the State in order to preserve your rights."

Four sub-classes have been proposed within the class action claim filed today so that any damages awarded will be divided proportionally to the injuries sustained by class members. The sub-classes include:

- Persons hospitalized for more than three days and who had complications or an invasive procedure,
- Persons who were admitted to an inpatient unit for hospitalization,
- Persons who received outpatient medical care, including the administration of IV fluids, and
- Persons who required minimal medical care

"We have taken into account the fact that people's injuries vary greatly, and have tried to come up with a way to compensate all class members as fairly as possible," Marler concluded.

###

Marler Clark and Underberg & Kessler have been contacted by over 100 ill persons. For more information contact Suzanne Schreck at 206-346-1879 or sschreck@marlerclark.com.

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Friday, September 02, 2005
By CRAIG FOX
Finger Lakes Times
cfox@fltimes.com

GENEVA - A Rochester attorney and a nationally known Seattle law firm yesterday filed a notice of claim for a class action suit they may bring on behalf of some families who became sick after visiting the spraypark at Seneca Lake State Park.

The law firm of Marler Clark and Rochester attorney Paul Nunes filed the paperwork in the case that could be brought against the state Office of Parks, Recreation and Historic Preservation, which owns and runs the state park.

The 4-year-old sprayground was closed Aug. 15 after about 40 people complained of a gastrointestinal illness. In subsequent weeks, reports of the outbreak grew to more than 3,869 people in 35 counties -- with 612 cases confirmed.

The state Health Department determined the illness was cryptosporidiosis, caused by a microscopic parasite.

Filed with the state Attorney General's office, the notice of claim names Rochester resident Tricia Van Putte and her two young children as plaintiffs, but Nunes and the Seattle law firm are also representing several other families.

"This is just the first step," Nunes said Thursday, adding they had only 90 days to file this paperwork before the statutes of limitations would have run out.

Nunes said that days after their Aug. 11 visit to the spraypark, Van Putte and her two young children, Grace and Tyler, came down with diarrhea, abdominal cramping, nausea, vomiting, fever, headache and loss of appetite.

The attorneys will now start gathering information, conducting research and reviewing evidence before deciding whether to proceed with the lawsuit, they said.

Wendy Gibson, a spokeswoman with state parks office, said she could not comment on potential litigation.

Earlier in the week, Gibson said that the state still has not found what caused the cryptosporidium parasite to contaminate two water-holding tanks connected to the sprayground's filtration system.

Before the notice of claim was filed Thursday, Albany attorney Don Boyajian, a partner with Dreyer Boyajian, LLP, in Albany, was already soliciting clients, saying his firm could file a class action lawsuit to sue for the pain and suffering and lost wages. Boyajian has been running ads in the Finger Lakes Times as recent as Wednesday, looking for clients.

The Seattle firm has been involved in some of the country's most high-profile lawsuits involving food-and waterborne contamination, E. coli, hepatitis and salmonella. Its biggest case involved children who were contaminated with E. coli at several Jack In The Box restaurants on the West Coast in 1993. The family of a 12-year-old girl who was hospitalized for several months was awarded $15.6 million.

The firm has also represented several people contaminated with E. coli at a petting zoo in Florida three years ago.

In 2002, Seattle attorney Bill Marler and Nunes also worked together on a case in which more than 75 people got salmonella during a function at the Brook-Lea Country Club in Rochester.

Contacted in his Seattle office, Marler said there must have been "a design or functional flaw" in the spraypark system because the outbreak lasted several weeks and so many people got sick.

"It's not a logical explanation" that feces from a child whose diaper was changed near the water park could have been the source of the contamination, he said.

On Aug. 26, the Health Department concluded it will rewrite regulations governing water quality at all sprayparks and will implement them by November.

But Marler contended there's an ongoing problem with water quality in spray parks across the country, with about 170 outbreaks at a variety of water recreational venues during between 1989 and 1999.

Many sprayparks across the country have been permanently closed after outbreaks have occurred, Marler said. So far, 33 people have been hospitalized with cryptosporidiosis from the Seneca Lake spraypark outbreak, he said.

An unidentified family of four sisters, their eight children and their parents all became ill last month, and the husband of one of the women was hospitalized for three days with dehydration, Nunes said.

"It can affect people in different ways," said Nunes, an attorney with the firm of Underberg & Kessler.

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Notice filed against state over Sprayground outbreak

Lauren Stanforth
Staff writer

(September 2, 2005) - Two lawyers filed a notice Thursday with the state Attorney General's Office that they intend to pursue a class action lawsuit against the state for the massive parasitic outbreak that struck Seneca Lake State Park's Sprayground this summer.

Tricia Van Putte of Greece is the only individual named in the notice of claim. She appears in the notice on behalf of herself and her two small children who attended the Sprayground on Aug. 11 and contracted cryptosporidiosis, a gastrointestinal illness caused by the parasite cryptosporidium.

But the notice also alerts the state of the attorneys' intentions to file a lawsuit involving more clients. Rochester lawyer Paul Nunes, one of the lawyers who filed the notice, said he has been contacted by about three dozen people interested in getting retribution for illness associated with the park.

"One family talked about not being able to enjoy their back yard pool during this beautiful weather," Nunes said. But also, "we've got a husband of a family in the hospital this evening," with symptoms from cryptosporidiosis.

In one of the nation's largest waterborne parasitic outbreaks, the parasite somehow infiltrated the Sprayground's water supply, which is recycled daily.

More than 3,800 people from 35 New York counties have reported becoming ill after having contact with the Sprayground between June and mid-August. At least 33 people have been hospitalized.

The state closed the Sprayground near Geneva, Ontario County, in mid-August after finding cryptosporidium in the park's water tanks.

The state Health Department is still investigating the incident.

The state Attorney General's Office, which defends lawsuits against the state, said this was the first notice of claim filed in the incident. Marc Violette, a spokesman for the office, had no further comment. Wendy Gibson, spokeswoman for the state Office of Parks, Recreation and Historic Preservation, which is named in the notice, also would not comment.

Nunes filed the notice of claim with William Marler, a Seattle lawyer known for litigation involving food and waterborne illness.

LSTANFOR@DemocratandChronicle.com

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Lauren Stanforth
Staff writer

(September 1, 2005) - Rochester and Seattle attorneys together filed a notice today with the state attorney general's office that they intend to pursue a class action lawsuit against the state for the massive parasitic outbreak that struck Seneca Lake State Park's Sprayground last month.

Tricia Van Putte of Greece is the only individual named in the lawsuit. She appears in the lawsuit on behalf of her two small children who attended the Sprayground on Aug. 11 and contracted cryptosporidiosis, the gastrointestinal illness that is caused by the parasite.

The state found the parasite in the Sprayground's two water tanks in mid-August. The state has said its investigation into how the parasite got there is continuing. More than 3,200 people have reported becoming ill after attending the spray park between June and mid-August.

The notice said a class action lawsuit involving other clients could be started through Van Putte's claim. A notice of claim is not a lawsuit; it is a document that allows attorneys more time to file a lawsuit.

The Seattle attorney specializes in public health outbreak cases.

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FOR IMMEDIATE RELEASE

ROCHESTER, NY (September 1, 2005) - Marler Clark and Underberg & Kessler filed a notice of claim today against the New York Office of State Parks, Recreation and Historic Preservation. The notice indicates the intent to file a class action lawsuit on behalf of over 3,200 people who became ill with Cryptosporidiosis after visiting the Sprayground at Seneca Lake State Park in July and August. The notice was filed on behalf of Tricia Van Putte and her two young children, who will be the named plaintiffs in the class action lawsuit, and who became ill with Cryptosporidium infections after visiting the Sprayground. Marler Clark and Underberg and Kessler have been retained by several other families.

The New York State Health Department shut down the Sprayground on August 15 after it was determined that the Sprayground's water holding tanks, which were used to recycle water, were contaminated with Cryptosporidium. On August 26, the Health Department issued an update on its investigation into the outbreak, announcing that 3,297 cases of Cryptosporidium had been reported in 33 New York counties. Of those cases, 415 were confirmed cases reported to the State Health Department. Thirty-three people had been hospitalized with Cryptosporidiosis.

In 1997, 369 people, mostly children, became ill with Cryptosporidiosis after playing in a water fountain at a Minnesota zoo. In 1999, at least 38 people became ill with Cryptosporidium or Shigella infections after playing in a spray fountain at a beachside park in Florida.

"Whether they are publicly or privately operated, all water parks should have sanitation measures in place to prevent outbreaks. The majority of people who play in sprayparks and pools are children -- the most vulnerable population to parasites and pathogenic bacteria," said William Marler, managing partner of Seattle-based Marler Clark, who represented twelve of 26 children who became ill with E. coli O157:H7 infections after visiting an Atlanta, Georgia, waterpark in 1998.

Ms. Van Putte and their two children became ill with Cryptosporidiosis days after visiting the Sprayground. Symptoms included diarrhea, abdominal cramping, nausea, vomiting, fever, headache, and loss of appetite. The children's illnesses were confirmed as Cryptosporidiosis by the State Health Department.

On August 26, the Democrat & Chronicle reported that the state Health Department will rewrite regulations governing water quality at all sprayparks and will implement them on an emergency basis by November. Paul Nunes, a partner in the Rochester firm Underberg & Kessler, added, "You would think that after the Washington County Fair E. coli outbreak in 1998 there would be higher standards for all water supplies in the State of New York. It's a shame that there had to be another outbreak to make water safety a priority."

Together, Marler Clark and Underberg & Kessler represented 75 victims, several of them children, of the Brook-Lea County Club Salmonella outbreak of 2002. The two firms also represented two Orangeburg, NY girls who became ill with E. coli O157:H7 infections after eating contaminated ground beef from BJ's Wholesale Club in 2002. For more information on Cryptosporidium, see www.CryptosporidiumBlog.com.

Contact Suzanne Schreck
1-800-884-9840 Ext. 1879
sschreck@marlerclark.com

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Thu Aug 25, 5:43 AM ET

A potentially deadly disease is rapidly growing in Hamilton County, and it's hitting mostly pre-school children, News 5 reported.

After News 5 reported Tuesday on the cryptosporidium outbreak at a local YMCA pool, parents of sick kids and others with symptoms started calling the Health Department.

The Health Department is now investigating at least 24 cases ? three times the number of confirmed cases as of Tuesday. The cases involve 21 children under the age of 5.

A woman in her 40s is in the hospital and seven kids under 5 have been diagnosed with the parasite, which has been traced to the Powel Crosley YMCA pool in Springfield Township. Officials are mailing letters to every day care in Hamilton County to warn them that crypto is in the community.

Crypto will give you cramps and severe diarrhea that can last up to two weeks -- or even worse.

A severe outbreak in Milwaukee in 1993 killed 100 people when crypto spread into the water supply. About 400,000 people were infected.

The local water supply has been tested and given the all-clear, but health officials are worried that swimmers might have unknowingly spread the outbreak to other pools. The bug is spread by ingesting fecal matter.

The Hamilton County Health Department mailed letters to 320 pool operators, asking them to put up a "No Swimming" sign for eight hours and super-chlorinate the water.

The health department is trying to track the outbreak. If you were in the Powel Crosley pool after Aug. 1 and you've had diarrhea, call health officials at (513) 347-3273 between 1 p.m. and 5 p.m. This number is not for general questions.

The best ways to avoid "crypto:"

- Wash your hands often.

- Avoid swimming.

Anyone who is infected can be contagious for up to two weeks. They are advised not to swim and not to work in day care or restaurant facilities during that time.

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Public Should Take Precautions to Prevent Further Spread of Illness, 1738 Cases Reported

ALBANY, NY, August 19, 2005 - State Health Commissioner Antonia C. Novello M.D., M.P.H., Dr.P.H. and State Parks Commissioner Bernadette Castro today issued an update concerning the gastrointestinal illnesses which has been linked to the spray park attraction at Seneca Lake State Park. The dates of onset of illness range from June to the present and many people have since recovered.

Persons who visited the Seneca Lake State Park or family members and/or close contacts of ill individuals who visited the park since late July and are experiencing gastrointestinal illness should contact their medical provider and their local health department (phone numbers below).

Tests conducted by the Health Department have confirmed the presence of cryptosporidium in two storage tanks that supply water to the popular water attraction. For precautionary reasons, the State Office of Parks has closed the spray park attraction for the remainder of the 2005 season.

Additional test results of water samples from the Seneca Lake State Park beach show no health concerns with the water quality and the beach will remain open to patrons. The State's investigation is ongoing.

The number of reported illnesses possibly linked to the park has grown to 1738 cases in twenty counties, prompting the Commissioner to again stress precautionary measures people should take to keep the illness from spreading further. The 1738 cases have been reported by the following counties: Allegheny (5 case), Cayuga (79 cases) Chemung (6 cases), Erie (5 cases), Genesee (5), Lewis (1 case), Livingston (71), Monroe (143 cases), Oneida (3 cases), Onondaga (62 cases), Ontario (596 cases), Orleans (5 cases), Rensselaer (4 cases), Schuyler (10 cases) Seneca (224 cases), Steuben (5 cases), Tompkins (23 cases), Wayne (400 cases), Wyoming (2 cases), and Yates (89 cases).

The most common symptoms reported are diarrhea, abdominal cramping, nausea, vomiting, fever, headache and loss of appetite.

To date, 13 of the cases have been confirmed as cryptosporidiosis: Cayuga (6 cases), Monroe (1 case), Ontario (2 cases), and Wayne (4 cases). Additional tests for other possible causes of illness are pending. Of the 1738 cases reported, many people have since recovered and those who are ill are instructed to see their physician. The reported dates of illness range from early July to the present.

The following precautions should be taken by the public to prevent further spread of illness:

Health care workers with patient contact and food workers who are experiencing gastrointestinal illness should notify their employer and stay home from work until they have recovered and are showing no signs or symptoms.
Children and staff with stomach/intestinal illness should refrain from attending day care. Day care centers should consult with their local health department for recommendations on the timing for return to the day care setting. Children should not be transferred to another day care center.

People should take action to minimize the chances of acquiring and spreading illness, including thoroughly washing hands after using the toilet, changing diapers or coming in contact with fecal material in any way. Also, swimmers should avoid swallowing water, especially in lakes, ponds or rivers.

To help prevent the spread of illness, individuals who are experiencing gastrointestinal illness should not swim while they are sick and for two weeks after their symptoms subside.

Individuals or family members who visited the State Park and are experiencing gastrointestinal illness should contact their health care provider and call their local county health department at the following numbers:

Allegheny 585-268-9250
Cayuga 315-253-1560
Chemung 607-737-2028
Erie 716-858-7697
Genessee 585-344-2580
Lewis 315-376-5453
Livingston 585-243-7270
Monroe 585-274-6079
Oneida 315-798-6400
Onondaga 315-435-3236
Ontario 585-396-4343
Orleans 585-589-3278
Rensselear 518-270-2626
Schuyler 607-535-8140
Seneca 315-539-1920
Stuben 607-664-2438
Tompkins 607-274-6604
Wayne 315-946-5749
Wyoming 585-786-8890
Yates 315-536-5160

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Sickening bug suspected at Spraypark in Geneva

Jack Jones
Staff writer

(August 18, 2005) - GENEVA- The number of people sickened after visiting The Spraypark water sports playground at Seneca Lake State Park has risen to 746 in an eight-county area.

The park has been closed since Monday as a precaution after health officials identified it as the possible link between a suspected bacterial infection that has caused gastrointestinal illness in people who had visited the park, said Wendy Gibson, a spokeswoman for the state Department of Parks, Recreation and Historic Preservation.

The possible contamination was reported by an unidentified day care center after at least one child fell ill following a field trip to the park. The cases, by county, are as follows: Ontario, 309; Seneca, 130; Wayne, 97; Monroe, 75; Cayuga, 56; Livingston, 50; Onondaga, 24; and Tompkins, 5.

State Parks officials are working with the state Health Department and the Monroe and Ontario counties health departments to find out, if the water at the Spraypark was the source of the illness, how it became contaminated, Gibson said.

"The Spraypark will remain closed until we identify that source," Gibson said.

The state Health Department reported that five of the cases have been confirmed as cryptosporidiosis. A Web site of the Centers for Disease Control and Prevention describes cryptosporidiosisas "a diarrheal disease caused by microscopic parasites." The parasite lives "in the intestine and passes in the stool."

The CDC said the parasite can survive outside the body for "long periods of time" and is "very resistant to chlorine-based disinfectants."

State Health Commissioner Antonia C. Novello has issued an advisory in connection with the outbreak, including recommendations that people who visited the Spraypark and may have experienced gastrointestinal problems since late July contact their doctors and county health departments.

Novello also recommends action to minimize the chances of acquiring and spreading illness, including thoroughly washing hands after using the toilet, changing diapers or coming in contact with fecal material in any way. Also, swimmers should avoid swallowing water, especially in lakes, ponds or rivers.

About 187,000 people visit Seneca Lake State Park each year, Gibson said.

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August 17, 2005

13WHAM-TV
(Geneva, NY) -- It's now officially an outbreak.

The number of stomach illnesses linked to the sprayground water park at Seneca Lake Park in Geneva has grown to 800 cases; about 100 of those cases are children from Monroe County; others are from surrounding counties, other states, Mexico, and Canada.

On Wednesday, the state announced that the sprayground part of the park was closed for the season.

Officials are still testing water from the spray park and the filtration system and from the lake to determine what made people sick. The Ontario County Health Department is urging anyone with a sick child who had visited the spray park to see their doctor and report the illness.

Most of those who are sick are children who played in the park and ingested the water. Their parents said they thought it was simply a case of the stomach flu, until they heard about the other illnesses.

One mother said she was surprised the illnesses were linked to water from the spray park rather than the lake, because the park water is chlorinated. The concessions in the park are also closed until they rule out any link to the food.

Health officials are looking at other common denominators, but so far, it appears the spray park connects most of those who got sick.

Dr. Andrew Doniger, director of the Monroe County Health Department, said "Almost everyone that is ill says that they were in the spray, so that seems to be the culprit, but we don't know for sure."

The health department is urging all families who visited the park and have sick children to report the illnesses.

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By The Citizen
Wednesday, August 17, 2005 10:07 AM EDT

The New York State Department of Health reports that more than 100 cases of gastrointestinal illness may be linked to a water spray area at Seneca Lake State Park.

State Health Commissioner Antonia Novella said in a news release Tuesday that people who attended the park spray grounds since late July and are experiencing diarrhea, abdominal; cramping, nausea, vomiting, fever, headache or loss of appetite should contact their health care provider. Health care workers with patient contact and food service workers should notify their employers if they are experiencing gastrointestinal illness, and children and staff should refrain from attending day care if they show symptoms.

There has been one confirmed case of Cryptosporidiosis in Wayne County and additional tests are pending to determine the cause. The spray grounds at Seneca Lake State Park have been temporarily closed.

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