160678 'I object!'The impact of the legal system on an outbreak investigation

Monday, November 5, 2007

Jennifer Stewart, MS , Office of Epidemiology and Data Services, Maricopa County Department of Public Health, Phoenix, AZ
Jeanette Gibbon, MPH , Office of Epidemiology and Data Services, Maricopa County Department of Public Health, Phoenix, AZ
Sarah Santana , Office of Epidemiology and Data Services, Maricopa County Department of Public Health, Phoenix, AZ
Introduction: Legal action can make an outbreak investigation politically sensitive and more complex.

Methods: In May 2006, the Maricopa County Department of Public Health (MCDPH) Office of Epidemiology (Epi) investigated an outbreak at a local restaurant. The restaurant was on probationary status with the Maricopa County Environmental Services Department (ES) for previous violations. Based on results of the outbreak inspection, ES temporarily revoked the restaurant's permit. Additionally, the Maricopa County Attorney's Office (MCAO) initiated prosecution of the restaurant for violations of the food code. A press conference was held to announce the prosecution, resulting in added attention from the general public, patrons of the restaurant, and the restaurant owners.

Results: The county attorney's prosecution, litigation by ill patrons, and the resulting media attention complicated the outbreak investigation with requests from attorneys for records, interviews of investigative staff by defense attorneys, irritated calls from owners and supporters of the restaurant, and added pressure to complete the narrative report more rapidly than the norm

Conclusions: The following are recommended for outbreak investigations involving legal action: 1. Plan additional time and resources to meet demand for information from attorneys, media, restaurant owners, and others. 2. As with all investigations, maintain frequently updated, easily accessible, and complete records. 3. Expect the investigation time table to speed up. 4. Prepare for investigator-attorney interviews by collecting and reviewing data.

Learning Objectives:
1. Recognize the importance of maintaining lines of communication between all agencies within the same jurisdiction 2. Describe the impact of the legal process on an outbreak investigation 3. Recognize the importance of prep work prior to investigators being interviewed by lawyers

Keywords: Outbreaks, Criminal Justice

Presenting author's disclosure statement:

Any relevant financial relationships? No
Any institutionally-contracted trials related to this submission?

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.

See more of: Outbreak Investigations
See more of: Epidemiology