2 Sickened Prior To Foodborne Illness Outbreak At LI Eatery: Attorney

STONY BROOK, NY — At least two people say they became sick at a Stony Brook restaurant days before 28 people reported symptoms of a foodborne illness after eating at the business.

Jory Lange, a food safety attorney who is representing five families, told Patch that three lawsuits have been filed against Kumo Sushi & Steakhouse, located at 2548 Nesconset Hwy.

"This wasn't just a one-day thing," Lange said.

On Wednesday Sept. 6, one of Lange's clients, along with a group of friends, ate food from Kumo, and experienced projectile vomiting and diarrhea, he said.

He claims that on Friday, Sept. 9, the client called the restaurant to alert them about the food poisoning.

"The restaurant didn't fix it," said Lange.

Lawsuits

On Thursday, Sept. 7, Mark Posner ordered take-out from the restaurant, according to the lawsuit documents obtained by Patch. Within an hour after eating rice at the restaurant, Posner started "feeling sick to his stomach."

He then experienced nausea and projectile vomiting, Lange said.

On Saturday, 28 people — three large groups dining at the restaurant — also reported symptoms of a foodborne illness, such as projectile vomiting.

At least 12 people were taken to Stony Brook University Hospital for emergency medical treatment, the lawsuit said.

Danielle Krauss, who is also suing the restaurant, was attending a birthday party for her child at the time.

Within an hour after eating rice at the restaurant, Krauss started feeling sick to her
stomach. She experienced nausea and vomiting, according to the lawsuit.

"One by one, people in her party started running to the bathroom, vomiting," the lawsuit said.

The restaurant temporarily shut down, but was reopened. The Suffolk County Health Department issued 15 violations to Kumo.

As of Thursday, Krauss is still sick, the lawsuit said.

Both Krauss and Posner requested a jury trial.

"Had the restaurant done something, none of the people on Saturday would have gotten sick," said Lange. "That is really upsetting to me because this was all avoidable."

Lange also said a third lawsuit was filed against Kumo, but did not yet specify its details.

Bacillus cereus

Lange told Patch he believes that the foodborne illness his clients suffered is most likely Bacillus cereus, a "notoriously fast acting type" of food poisoning.

While most people showcase symptoms several hours or even days after eating contaminated food, his clients reported symptoms in as little as 30 minutes after consumption, he said.

"There's very few food-poisoning bacteria that do that," said Lange. "

Bacillus can cause vomiting in as little as 30 minutes after eating contaminated food. This may be followed by diarrhea within 6 hours to 15 hours of eating food contaminated with Bacillus bacteria, according to the National Library of Medicine.

The Suffolk County Health Department confirmed with Patch that the illness is believed to be connected to rice from the restaurant.

Lange said he believes that this is a "red flag" for Bacillus cereus, as it is often found in environments such as fields where rice is grown.

Prior to cooking, the bacteria are in its "spore form" and is not harmful. However, if the rice cooked and goes unrefrigerated or is left at room temperature, the spores will begin to grow.

"Then those spores start to open and release toxins. And those toxins are what cause food poisoning outbreaks," said Lange. "And that's what we think happened here."

What's Next

Lange said that several other families have reached out to his firm. Most of these people got sick on Saturday.

"We keep getting calls every day from new people who got sick," he said.

Dawn Catapano, who was at a friend’s baby shower, began feeling sick shortly after leaving the party. Over the next 12 hours, she experienced uncontrollable vomiting and diarrhea.

"I just felt terrible the rest of the night," Catapano said, according to Lange's website. "Most of the baby shower guests came down with food poisoning."

Gabrielle Minervini Rondi and Bryan Rondi also got food poisoning after eating fried rice at Kumo. They became violently ill. Ultimately, they had to seek treatment at the emergency room, they said.

His other clients who did not file a lawsuit may seek court settlements, Lange said.

Bill Corbett, public relations for Kumo, shared the following statement with Patch:

"The recent situation at our restaurant is being taken very seriously and we are determined to find the underlying cause. We are aware of legal actions that have been filed.

"Open for over a decade, Kumo has proudly served more than a million meals. We are grateful to our tens of thousands of satisfied customers, who we consider our friends. We wish to let all of our patrons know that we truly care about them and wish them good health."