Ron Simon & Associates Files the First Salmonella Lawsuit Against Madre Oaxacan Restaurant

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Sep 24, 2024, 17:06 ET

LOS ANGELES, Sept. 24, 2024 /PRNewswire/ -- Today, the national food poisoning law firm of Ron Simon & Associates, along with Gomez Trial Attorneys, filed the first Madre Oaxacan Restaurant Salmonella Lawsuit. It was filed on behalf of Gary Delrosario in Los Angeles County, CA. Mr. Delrosario was one of at least 20 patrons who became ill after eating at the popular Valencia establishment.

A copy of the lawsuit is available upon request. The facts alleged are as follows.

A Los Angeles area restaurant was temporarily closed following an outbreak of Salmonella last week, according to multiple sources. Salmonella is a bacterium that can cause serious infections, especially in vulnerable populations such as young children, the elderly, and individuals with compromised immune systems.

The closure of Madre Oaxacan Restaurant in Valencia, California came after numerous patrons reported experiencing severe gastrointestinal issues symptomatic of food poisoning after dining at the restaurant. The Los Angeles County Department of Public Health has confirmed that at least twenty individuals fell ill. though this number is expected to rise in the coming days.

Salmonella is a bacterium that can cause severe gastrointestinal illness in humans. Symptoms typically include diarrhea, fever, and stomach cramps, appearing six hours to six days after exposure to the bacteria. While most people recover without specific treatment, the infection can be severe, especially for young children, the elderly, and individuals with weakened immune systems.

On September 15, 2024, Gary Delrosario and his family dined at Madre Oaxacan, located at 27007 McBean Parkway in Valencia. Mr. Delrosario consumed a chicken enchilada meal, and within 48 hours began suffering from the effects of salmonellosis, including diarrhea, nausea, stomach cramps, and dehydration.

Mr. Delrosario sought medical attention in Santa Clarita, where his physician ordered a stool culture. It returned positive for Salmonella. The Los Angeles County Department of Public Health (LCDPH) contacted Mr. Delrosario and confirmed that his salmonella illness was linked to the contaminated food he consumed at Madre Oaxacan restaurant. Mr. Delrosario continues to recover from his illness.

As of Tuesday, September 24^th, the LCDPH has confirmed at least 20 illnesses linked to consumption of contaminated food from Madre Oaxacan restaurant.

Health inspections of the restaurant during the 2024 calendar year revealed numerous Critical Violations and Good Practice Retail Violations, including:

Violation: # 09. Failure to comply with proper cooling methods
Violation: # 16. Failure to properly use and display shelf stock tags
Violation: # 19. Failure to have a consumer advisory provided for raw or undercooked foods
Violation: # 27. Failure to maintain food separation and protection
Violation: # 30. Failure to properly store food
Violation: # 33. Failure to maintain nonfood-contact surfaces clean and in good repair
Violation: # 35. Failure to assure all equipment and utensils are sufficiently approved, installed, clean, and in good repair
Violation: # 37. Failure to have adequate ventilation and lighting
Violation: # 40. Failure to maintain plumbing in good repair, with proper backflow devices

Public health officials also noted: "A look at the health code violations revealed that the restaurant's ice machine had a buildup of mold that was actually touching some of the ice within, and that some cutting boards had left over food and mold as well."

The restaurant is currently shut down.

According to Ron Simon, the attorney representing Mr. Delrosario and others sickened in this outbreak: "We will use this lawsuit to obtain just compensation for our clients, to find out what caused the food at Madre Oaxacan to become contaminated with Salmonella, and to make sure this does not happen again."

Food Safety Attorneys Establish Salmonella Claim Center

Mr. Simon and his law firm have established a Salmonella Claim Center to assist victims in the outbreak. The Salmonella Claim Center can be reached toll-free at 1-888-335-4901 or by going to the Salmonella Outbreak Website, at https://www.salmonellaoutbreaklawsuit.com/.

About Food Safety Attorney Ron Simon

Over the last 25 years, Ron Simon and his colleagues have prosecuted thousands of food poisoning cases for victims across the United States. His work has resulted in numerous upgrades to food safety procedures in Fortune 500 companies and in legislation designed to protect consumers from dangerous food-borne pathogens.

Mr. Simon and his clients have been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media. Mr. Simon and his legal team have collected over $800,000,000 for their clients. He regularly publishes articles about food safety and litigation at www.foodpoisoningnews.com which are read by viewers in over 180 countries.

Through litigation, media commentary, and his food poisoning publications, Mr. Simon relentlessly challenges food manufacturers, distributors, and restaurants to do a better job in making our food safe.

For media inquiries or more information on the Salmonella outbreak and ongoing litigation, please contact Ron Simon directly at (713) 819-8116 or [email protected].

SOURCE Ron Simon & Associates