Fresh Seafoods Inc. is doing business as Fresh Seafood Company Market & Restaurant.
On June 5, 2014, Carlotta Brown and her husband had lunch at Fresh Seafoods at the Capitol Market in Charleston and she did not consume anything other than clam chowder sold by the defendant subsequent to lunch, according to a complaint filed in Kanawha Circuit Court.
Brown claims shortly after consuming the clam chowder, she began to experience an extreme burning pain in the right upper quadrant of her abdomen and the pain moved to the lower right quadrant and was soon accompanied by extreme nausea and projectile vomiting.
The plaintiff then began to experience bouts of severe intermittent diarrhea after consuming the clam chowder and her Gastroesophageal Reflux Disease symptoms were exacerbated, according to the suit.
Brown claims she was examined at Charleston Area Medical Center and a CT scan showed colitis, trace free fluid in her pelvis, distal small bowel loops in the upper limits of normal in caliber and a thickened proximal ascending colon with pericolonic inflammatory changes.
On June 9, 2014, Brown underwent an exploratory laparoscopy, which was converted to open right hemicolectomy with primary anastomosis and 12 inches of her colon were removed and she narrowly missed requiring a colostomy bag, according to the suit.
Brown claims her husband also experienced stomach distress after eating the clam chowder, but his symptoms did not persist as long as hers did. She spend nearly three weeks in the hospital recovering from dehydration caused by the food poisoning.
The plaintiff’s hospitalization, medical care, treatment and medications exceeded $80,000, according to the suit.
Brown is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Elizabeth G. Kavitz of Kavitz Law PLLC.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 16-C-834
