School serves contaminated beef: Manfucture of unsafe product: Kidney failure: Hemolytic uremic syndrome: Settlement: Verdict

Law Reporter, Jun 2001

Almquist v. Finley Sch. Dist. No. 53, Wash., Benton County Super. Ct., No. 99-2-01123-3, Feb. 16, 2001.

Ten elementary school children, ages 5 to 11, became ill and required emergency medical attention after eating a taco meal containing ground beef that was served in the school cafeteria. An investigation conducted by the Centers for Disease Control and Prevention and the state and local health departments concluded that the ground beef served in the taco meal was contaminated with Escherichia coli.

One child, Maxwell, age 2, became ill even though she did not eat the taco meal. She developed a case of secondary infection through her sister, who had eaten the meal. Maxwell and two other children-Almquist and Voss-all developed hemolytic uremic syndrome, a life-threatening complication associated with E coli exposure that can cause anemia and kidney failure.

Maxwell was hospitalized for about one month. She required multiple blood transfusions and kidney dialysis. Maxwell suffered permanent kidney damage and will likely require multiple future kidney transplants. Her medical expenses totaled about $111,600. Almquist's medical expenses were about $22,300, and Voss's totaled approximately $25,400.

The parents of the children, individually and on the children's behalf, sued the ground beef manufacturer and the school district, alleging defendants had manufactured an unreasonably dangerous food product. Specifically, plaintiffs alleged that the ground beef should not have been contaminated with a deadly pathogen. Plaintiffs also alleged that the school district negligently served undercooked meat.

Before trial, plaintiffs and the beef manufacturer settled for a confidential amount.

A jury awarded $4.75 million. Maxwell and her parents received about $3.9 million, and the Almquist and Voss families each received about $250,000. The remainder was divided among the other families.

Plaintiffs' experts included Andrew Pavia, infectious diseases/epidemiology, Salt Lake City, Utah; Russell Alexander, epidemiology, and Monsour Samadpour, molecular microbiology, both of Seattle, Wash.; Priscilla Connors, food safety/food service, Dallas, Tex.; and Kathy Reid, vocational rehabilitation/life care planning, Seattle, Wash.

Defendants' experts included Sharon Andreoli, pediatric nephrology, Indianapolis, Ind.; Sana Loue, forensic epidemiology, Cincinnati, Ohio; Douglas Wordell, food service/dietary sciences, Spokane, Wash.; Charles Clingman, sanitation/food safety, Orlando, Fla.; and William Keene, epidemiology, Salem, Or.

Plaintiffs' Counsel

*William D. Marler,

Bruce Clark, and

Denis Stearns, all of Seattle, Wash.