---
title: E. coli outbreak spawns probable lawsuit
date: 2008-01-09T02:13:38-08:00
author: Bill Marler
canonical_url: "https://marlerclark.com/news_events/e-coli-outbreak-spawns-probable-lawsuit-2"
section: News
---
[All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) /

# E. coli outbreak spawns probable lawsuit

 

 

  01/14/2003Associated Press

The largest E. coli outbreak in state history appears ready to enter its next phase: the legal system.

Fifteen families took that first step Monday, informing officials they plan to sue over the outbreak at last summer's Lane County Fair.

Nine other families may also take legal action, their lawyer said.

In all, 82 fairgoers were infected with E. coli, the biggest such outbreak in state history. Nearly two-thirds of those were children under age 6.

Twelve children were sent to Portland hospitals for treatment of hemolytic uremic syndrome, a potentially fatal complication of E. coli infection that causes kidney failure.

Seattle lawyer Bill Marler notified county and fair board officials that he would file outbreak-related claims on behalf of the families. Such notice is required under state law.

Once claims are filed, likely within 30 days, county attorneys will review them and decide whether to pay the families. If the county rejects the claims, the families can file suit.

"The fact the outbreak happened is evidence the fair did not do enough to protect kids from becoming ill," Marler said.

The 15 families represent 14 children and four adults. Among those filing were Bill and Shelly Walter, whose 2-year-old daughter, Carson, spent 31 days at Doernbecher Children's Hospital in Portland, including two stints in the pediatric intensive care unit. She underwent 17 rounds of dialysis that filtered toxins from her blood.

Bill Walter said he hopes a lawsuit will force the fair to reduce the E. coli risk for people attending future fairs and he hopes a jury award or settlement will ensure his daughter gets the future medical care she'll likely need.

Oregon's "tort caps" law limits the liability of government agencies. Under the law, the most any single family could recover from the fair board is $200,000.

E. coli is most commonly spread through contaminated ground beef and water. But public health investigators traced the fair outbreak to the sheep and goat exposition hall on the south side of the fairgrounds.

At next summer's fair, officials said they plan to increase the number of hand-washing stations, educate the public about how to behave around animals, use greater vigilance to keep animal areas clean and install hygienic mats for wiping shoes outside animals barns.

Warren Wong, managing director of the fair, said he doesn't think the fair board will be held responsible for the outbreak.

"Our insurance adjusters and attorneys have opined that the fair did not do anything that was negligent, so we don't believe that we are liable," he said.

  

### Other E. coli Lawsuits

 [Raw Farms linked to another Raw Milk Cheese E.coli Outbreak - 9 People sickened - Company refuses to recall product](https://marlerclark.com/raw-farms-linked-to-another-raw-milk-cheese-e-coli-outbreak-7-people-sickened)

 [10 with E. coli linked to Cheese](https://marlerclark.com/3-with-e-coli-linked-to-cheese)

 [Sycamore Pool in Chico California Contaminated with E.coli - Two teens in ICU](https://marlerclark.com/sycamore-pool-in-chico-california-contaminated-with-e-coli-two-teens-in-icu)

 [Deadly Nationwide E.coli Outbreak Linked to Grimmway Farms Organic Baby and Whole Carrots sickens 48](https://marlerclark.com/nationwide-e-coli-outbreak-linked-to-grimmway-farms-organic-baby-and-whole-carrots)

 [E. coli Outbreak tied to Red Cow and Hen House Restaurants](https://marlerclark.com/e-coli-outbreak-tied-to-red-cow-and-hen-house-restaurants)

 [Rockwood Summit High School E. coli Outbreak](https://marlerclark.com/rockwood-summit-high-school-e-coli-outbreak)

 [McDonalds linked to 104 E. coli cases and 1 Death](https://marlerclark.com/mcdonalds-linked-to-nearly-50-e-coli-cases-and-1-death)

 [2 dead with 22 injured in E. coli Hamburger Outbreak in Montana](https://marlerclark.com/1-dead-with-13-injured-in-e-coli-hamburger-outbreak-in-montana)

 [E. coli Outbreak in Washington and California linked to Walnuts](https://marlerclark.com/e-coli-outbreak-in-washington-and-california-linked-to-walnuts)

 [Seattle PCC Market E. coli outbreak linked to Guacamole](https://marlerclark.com/seattle-ppc-market-e-coli-outbreak-linked-to-guacamole)

 [11 with E. coli linked to Raw Milk LLC Cheese](https://marlerclark.com/10-with-e-coli-linked-to-raw-milk-llc-cheese)

 [Miguel’s Cocina 4S Ranch E. coli Outbreak sickens 35](https://marlerclark.com/miguels-cocina-4s-ranch-e-coli-outbreak)

 

 

 

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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)

 [Foodborne Illness Lawsuits in 2004](https://marlerclark.com/news_events/case-news?illness=all&year=2004)

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 [Foodborne Illness Lawsuits in 2007](https://marlerclark.com/news_events/case-news?illness=all&year=2007)

 [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)

 [Foodborne Illness Lawsuits in 2011](https://marlerclark.com/news_events/case-news?illness=all&year=2011)

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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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######  [Transmission of and Infection with E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/transmission-of-and-infection-with-e-coli) 

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

   

#### Looking for a comprehensive list of outbreaks?

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)
