The team is often involved in securing damages and compensation for those involved in mass outbreaks of illness or injury abroad... lawyers litigate on claims ranging from several thousand pounds to those of seven figures.
Chambers and Partners Directory (2007)
Victims Continue Battle For Justice In Court Following Fatal Lake Garda Salmonella Outbreak
Published date:
01 Dec 2010
Lawyers representing the widow of a man who died after contracting Salmonella poisoning at a luxury Lake Garda hotel have confirmed that she and eight other victims, many of whom were hospitalised and now face a life-time of illness, are to continue their battle for justice in court.
Travel law experts Irwin Mitchell say that the victims have been left with no choice but to issue legal proceedings after tour operator TUI UK Ltd repeatedly failed to consider the full extent of the victims past and future suffering, and loss, when negotiating compensation despite an admission of liability from the firm.
The victims suffered symptoms such as severe diarrhoea, sickness and cramps during stays in 2008 at the Grand Gardone hotel in Italy, which later faced a barrage of criticism from a coroner who directly linked the death of 71-year-old Geoffrey Appleyard to Salmonella contracted at the resort.
Solicitor Vishal Mahay from Irwin Mitchell is representing the group. He said: “One man died, dozens were hospitalised, and six of our clients are continuing to experience painful symptoms two years on. So for TUI UK Ltd to have accepted that they were at fault, but refuse to ensure that the victims receive the money they need to start rebuilding their lives and putting this ordeal behind them is nothing short of an insult.”
In 2009 Worcestershire coroner Geraint Williams investigated the death of 71-year-old Geoffrey Appleyard and criticised standards at the hotel, saying: “Mr and Mrs Appleyard went on holiday in Italy on a recommendation and, although the hotel seemed very picturesque, there was a very dark side in the kitchen and cellars where there was a virulent contamination of Salmonella in the foodstuffs.
“This was served to the guests and, as a consequence, a large number of guests became ill. Mr Appleyard died because he was not able to withstand this infection.”
Mrs Patricia Miller, 64, from Billericay, Essex was among the victims and suffered such severe gastric symptoms including diarrhoea, vomiting and stomach pains that she was rushed to a local hospital and put on an intravenous drip.
The retired teacher was diagnosed with Salmonella poisoning and went on to suffer from septicaemia, a potentially life threatening infection of the blood. Her condition was so serious that local medical staff were forced to move her to an infectious disease hospital in Brescia, Lombardy so she could receive specialised emergency treatment.
Mrs Miller said: “I just can’t believe that TUI is making us relive everything we have been through in court. They have already said that they were at fault so why not stand up and do the right thing.
“This wasn’t a bit of sickness and diarrhoea for goodness sake. Someone died and others contracted serious life threatening illnesses and faced days in a foreign hospital. We were terrified.
“I am still suffering from health problems even now and I may never feel 100% again, and for the tour operator to show such a lack of concern for what has happened is an utter disgrace.”
Vishal said: “Tour operators are responsible for the wellbeing of their guests throughout the duration of their holiday and must ensure the very highest standards of health and hygiene are met at every hotel and resort they work with.
“There is no denying that Salmonella is extremely dangerous, one man tragically died. But there is also a large risk of long-term health problems for people who suffer from food-poisoning. Around 40 per cent of the clients who contact us for help continue to suffer many years later.
“We have tried to amicably resolve this matter through a number of attempts to negotiate a fair settlement with TUI UK Ltd. But, after more than two years, we have been forced to continue the battle for justice on behalf of our clients in court so that they can finally have access to reasonable, fair compensation that takes into consideration the heartache, physical and emotional suffering, and loss of earnings they have endured."
Please click here to see the story of salmonella poisoning at the Grand Hotel, Lake Garda.
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Thank you for all your help, without you we would have given up.
Mrs Short – West Midlands