---
title: $4.6 Million Jury Award to School Kids Sickened with E. coli upheld
date: 2008-01-09T19:51:28-08:00
author: Bill Marler
canonical_url: "https://marlerclark.com/news_events/46-million-jury-award-to-school-kids-sickened-with-e-coli-upheld"
section: News
---
[All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) /

# $4.6 Million Jury Award to School Kids Sickened with E. coli upheld

 

 

  FOR IMMEDIATE RELEASESource: Marler Clark

## Marler Clark Heralds Washington Supreme Court Decision Upholding $4.6 Million Jury Award to School Kids Sickened in 1998 E. coli O157:H7 Outbreak

SEATTLE--(BUSINESS WIRE)--Sept. 5, 2003--The Washington Supreme Court today declined to review last year's Court of Appeals decision upholding a $4.6 million award to 11 children injured in a 1998 E. coli O157:H7 outbreak that was linked to undercooked taco meat served as part of a school lunch at Finley Elementary School. The School District had sought the Supreme Court's review arguing that school districts should not be held legally responsible if ill-prepared food sickens or kills a student. The Supreme Court refused to consider the argument.

"Washington State has a long history of holding schools accountable when the children in their care are injured or killed," said Denis Stearns, attorney and one of the founding partners at Marler Clark, a Seattle law firm nationally recognized for its successful representation of outbreak victims. "We believe that the Supreme Court's decision today reaffirms the principle that, when it comes to preparing food for their students, a school's foodservice operation should be held to the same high standard as any other restaurant licensed to operate in this State."

In its investigation of the outbreak, the Washington State Department of Health found that the Finley School under-cooked the taco meat. The Department further found the "differences in the preparation, handling, and transport of meat may have allowed for uneven cooking, uneven cooling, and uneven re-heating at the elementary school. This outbreak and the resulting investigation highlight the importance of regular inspections of institutional kitchens and the need for training of food service workers."

Continue reading [Marler Clark Heralds Washington Supreme Court Decision Upholding $4.6 Million Jury Award to School Kids Sickened in 1998 E. coli O157:H7 Outbreak](http://www.marlerclark.com/case_news/view/finley-elementary-school-e-coli-outbreak-washington "Marler Clark Heralds Washington Supreme Court Decision Upholding $4.6 Million Jury Award to School Kids Sickened in 1998 E. coli O157:H7 Outbreak") on the Marler Clark website.

  

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### Lawsuits updates by year

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 [Foodborne Illness Lawsuits in 2003](https://marlerclark.com/news_events/case-news?illness=all&year=2003)

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 [Foodborne Illness Lawsuits in 2005](https://marlerclark.com/news_events/case-news?illness=all&year=2005)

 [Foodborne Illness Lawsuits in 2006](https://marlerclark.com/news_events/case-news?illness=all&year=2006)

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 [Foodborne Illness Lawsuits in 2008](https://marlerclark.com/news_events/case-news?illness=all&year=2008)

 [Foodborne Illness Lawsuits in 2009](https://marlerclark.com/news_events/case-news?illness=all&year=2009)

 [Foodborne Illness Lawsuits in 2010](https://marlerclark.com/news_events/case-news?illness=all&year=2010)

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##### Get Help

   

#### Affected by an outbreak or recall?

The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

 [ Get a free consultation ](https://marlerclark.com/contact) 

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######  [Sources of E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/sources-of-e-coli) 

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While many dairy cattle-associated foodborne disease outbreaks are linked to raw milk and other raw dairy products (e.g., cheeses, butter, ice cream), dairy cattle still represent a source of contamination...

 

##### Outbreak Database

   

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The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more.

 [ View Outbreak Database

  ](https://outbreakdatabase.com)
