All News / /

Odwalla May Face Punitive Damages

Odwalla may face punitive damages under California law in a lawsuit stemming from the near-death of a Chicago girl in an E. coli outbreak linked to unpasteurized apple juice, a judge ruled yesterday.

The ruling could make a significant monetary difference in a suit for unspecified damages by Amanda Berman, who was 4 when she drank a bottle of Odwalla apple juice and contracted hemolytic uremic syndrome from E. coli exposure.

The little girl got the juice in October 1996 while in Seattle. After returning to Chicago, she became sick and spent 16 days on kidney dialysis, the longest of any survivor of the outbreak. She remains at risk for kidney failure, according to her lawyer, William Marler of Seattle.

If Amanda Berman's suit goes to trial, Odwalla lawyers can try again then to apply Washington state's prohibition on punitive damages in addition to awards for pain, suffering and medical bills, King County Superior Court Judge Robert Lasnik ruled.

The suit centers on claims that the outbreak resulted from contamination at Odwalla's bottling works at Dinuba, Calif., so California law allowing punitive damages should apply, Marler argued in court papers.

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
Related Resources
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

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

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

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...

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