Personal Injury Law

New York Spray Park Class Action Cryptosoridium Update

UPDATE: The discovery process which is the formal means of getting information to support claims in a lawsuit is now complete. We have taken depositions of the key players in the spraypark outbreak and have developed our experts' testimony. The State has taken the depositions of a select group of claimants to better understand the nature of the damages suffered as a result of a Cryptosporidium infection. We have just filed our request for a trial date. This is a key step as it will force the case to a conclusion. Because it is a claim against the State of New York, any trial will be before a judge in the Court of Claims. We have been assigned a judge from the beginning who has been involved in the process of the case to this point and who would hear the case if it goes to trial.

In any effort to resolve the claims and avoid a trial however, we have also agreed to mediate these claims. The State has also agreed and the judge has ordered both sides to request a mediation with one of the other Court of Claims judges. A mediation is a voluntary settlement effort in which representatives of both sides meet with a neutral mediator who tried to get the sides to reach common ground. We hope the mediation will occur before the end of the year, and certainly before the end of January. To explain what class claimants have been through we will have both a great deal of documentary information as well as class representatives to explain to the mediator what a cryptosporidiosis infection is like. All issues, including legal responsibility for the outbreak, will be discussed at the mediation. The mediator does not have the power to compel either side to take action, but he can certainly provide insight given that the case would be heard by a fellow Court of Claims judge. We know that the State will contest its legal responsibility for the outbreak as well as damages we will claim on behalf of class members. But the mediation is intended to provide an opportunity for compromise that provide benefits to both sides.

We expect that if the State is willing to entertain a monetary settlement of claims, we will group similar claimants together in terms of the extent and severity of illness in order to treat similar claims in a like manner. Of course, each person's experience is different, but a class action works because it addresses large numbers of claimants whose experiences are similar. We expect that there may be several levels of monetary settlement depending on the injuries suffered. Any outcome that provides for compensation to class members will result in a written notice about the proposed settlement to individual class members.

We believe we are now in the final stages of the class action. If we cannot resolve the claims at mediation, we are prepared to try the case. This will not require the involvement at trial of class members as comprehensive information about the claims will provided to the judge. We will have further updates as we near mediation.

Full post as published by Cryptosporidium Blog on October 05, 2009 (boomark / email).