---
title: "Marler Clark Heralds Washington Supreme Court Decision Upholding $4.6 Million Jury Award to School Kids Sickened in 1998 E. coli O157:H7 Outbreak"
date: 2005-01-10T10:57:31-08:00
author: Bill Marler
canonical_url: "https://marlerclark.com/news_events/marler-clark-heralds-washington-supreme-court-decision-upholding-46-million-jury-award-to-school-kids-sickened-in-1998-e-coli-o157h7-outbreak"
section: News
---
[All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) /

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

 

 

 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](http://www.about-ecoli.com/) 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 school accountable when the children in their care are injured or killed. 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.”  
School-aged children are more vulnerable than most when it comes to exposure to contaminated food. Those who argue for lower-standards plainly do not understand what the problem is, or what is truly at stake. If anything, schools should be held to the highest standards. These are our children we are talking about.  
In declining to accept review of the Court of Appeals decision, the Supreme Court foreclosed any further legal options for the school district and its insurers. While this day has been long in coming. It is a day that our clients are grateful for. They will get the compensation that the jury found them so deserving of, and can now get on with their lives.

  

### 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)

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 [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)

 

 

 

### Lawsuit updates about foodborne illnesses

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### Lawsuits updates by year

 [Foodborne Illness Lawsuits in 1998](https://marlerclark.com/news_events/case-news?illness=all&year=1998)

 [Foodborne Illness Lawsuits in 1999](https://marlerclark.com/news_events/case-news?illness=all&year=1999)

 [Foodborne Illness Lawsuits in 2000](https://marlerclark.com/news_events/case-news?illness=all&year=2000)

 [Foodborne Illness Lawsuits in 2001](https://marlerclark.com/news_events/case-news?illness=all&year=2001)

 [Foodborne Illness Lawsuits in 2002](https://marlerclark.com/news_events/case-news?illness=all&year=2002)

 [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)

 [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)

 [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)

 [Foodborne Illness Lawsuits in 2012](https://marlerclark.com/news_events/case-news?illness=all&year=2012)

 [Foodborne Illness Lawsuits in 2013](https://marlerclark.com/news_events/case-news?illness=all&year=2013)

 [Foodborne Illness Lawsuits in 2014](https://marlerclark.com/news_events/case-news?illness=all&year=2014)

 [Foodborne Illness Lawsuits in 2015](https://marlerclark.com/news_events/case-news?illness=all&year=2015)

 [Foodborne Illness Lawsuits in 2016](https://marlerclark.com/news_events/case-news?illness=all&year=2016)

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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) 

##### Related Resources

   

 

######  [E. coli Food Poisoning](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-food-poisoning) 

What is E. coli and how does it cause food poisoning? Escherichia coli (E. coli) is a highly studied, common species of bacteria that belongs to the family Enterobacteriaceae, so...

 

######  [E. coli O157:H7](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-o157h7) 

E. coli O157:H7 is a foodborne pathogen that causes food poisoning. E. coli O157:H7 is the most commonly identified and the most notorious Shiga toxin-producing E. coli (STEC) serotype in...

 

######  [Non-O157 STEC](https://marlerclark.com/foodborne-illnesses/e-coli/non-o157-stec) 

Non-O157 Shiga Toxin-Producing E. coli can also cause food poisoning. E. coli O157:H7 may be the most notorious serotype of Shiga toxin-producing E. coli (STEC), but there are at least...

 

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

Where do E. coli O157:H7 and non-O157 Shiga toxin-producing E. coli (STEC) come from? The primary reservoirs, or ultimate sources, of E. coli O157:H7 and non-O157 STEC in nature are...

 

######  [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)
