The New York State Supreme Court, Warren County, has certified a class action lawsuit on behalf of persons who suffered illness as a result of the 2008 Norovirus outbreak at the Six Flags Great Escape Lodge & Indoor Waterpark in Queensbury, New York.

The Court has defined the membership of the class as:

All persons who experienced gastrointestinal illness while visiting, or within 72 hours of departing, the Six Flags Great Escape Lodge & Indoor Waterpark in Queensbury, New York during the month of March 2008 and who reported or responded to inquiries from the New York State Department of Health relating to such illness.

If you meet the above class definition but do not wish to participate in the class action, you must exclude yourself from the class by filing a request for exclusion with the Court on or before March 30, 2012.

For a copy of the Request for Exclusion Form, click here.

The outbreak occurred in March 2008, when over 600 persons reported gastrointestinal illness to state and local health officials after visiting the Six Flags Great Escape Indoor Lodge & Waterpark, a $43 Million Dollar new hotel and waterpark complex that opened in 2006. The theme park attraction is open 365 days a year, and was the first hotel in New York State with an indoor waterpark.

The New York State Department of Health determined that the outbreak was a norovirus. Noroviruses are a group of related, single-stranded RNA, nonenveloped viruses that cause acute gastroenteritis. Illness is characterized by nausea, vomiting, diarrhea and/or abdominal pain. Lethargy, weakness, muscle aches, headaches and fever may also occur. Symptoms generally persist for several days, but in the case of the young, elderly and immuno-compromised, the illness can be more severe and long-lasting.

Dreyer Boyajian LLP is a leading law firm in Upstate New York dedicated to seeking justice for victims of mass torts, contamination, and food borne illnesses. Dreyer Boyajian LLP is currently pursuing as co-class counsel, claims on behalf of over 2,500 victims of the Cryptosporidium outbreak at the Seneca Lake State Spraypark in 2005. The firm also served as lead class counsel for the E.coli outbreak at the Washington County Fair in 2000, which at the time was the largest waterborne outbreak of E.coli in the nation's history. In addition, Dreyer Boyajian LLP is prosecuting a lawsuit on behalf of several Hudson River communities against General Electric for the PCB contamination of their public water supplies.


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