Filings: E. coli patients seek $116M from Gilbert, school
Two Gilbert schoolboys have been grievously ill since May, when they were diagnosed with a rare E. coli complication that led to brain damage and kidney disease.
Their lawyer said they contracted E. coli at their Gilbert charter school.
The two families now seek a combined $116 million from the town of Gilbert and San Tan Charter School, according to notices of claim filed last month.
An attorney for Melissa and Steven Lovci, Carey and Daniel Taylor, and their two children filed the notices of claim, which can be precursors to law
suits, with the town and school on Nov. 12.
Personal injury attorney Craig McClellan filed 12 notices in all, one for each parent and child, with both the town and school.
“The disease was contracted at the school campus from its food, drinks, infected animals, infected people, including students and teachers, infected surfaces or contaminated water," each of the claims stated.
The town supplies the school's water. The claims point to Gilbert’s water supply and the school’s “unsanitary conditions” as potential causes for the disease.
Both Gilbert and San Tan Charter School officials said they were not responsible for the infection, emphasizing that the water system and school were and remain safe.
About the boys' illnesses
A fourth-grader and a fifth-grader at San Tan Charter School were hospitalized on May 18 and diagnosed with Shiga toxin-producing E. coli (STEC) causing hemolytic uremic syndrome (HUS), according to the claims.
STEC is the pathotype most commonly referenced in the news during foodborne outbreaks and it typically causes bad diarrhea, according to the Centers for Disease Control. Most people recover within a week.
Approximately 5% to 10% of people who contract a STEC infection develop a “potentially life-threatening complication” called hemolytic uremic syndrome, according to the CDC. HUS can cause kidney failure and other serious problems. Most patients recover in several weeks, but some suffer permanent effects or death.
One of the boys, who was hospitalized and in intensive care from May 18 to Sept. 9 and from Oct. 3 to the claim date, has suffered severe injuries from the infection. According to his notice of claim, he is experiencing:
❚ Severe brain damage.
❚ Inability to walk, talk, eat, turn over in bed and use his limbs.
❚ Removal of his large intestine and use of a permanent colostomy bag.
❚ Removal of his appendix.
❚ Chronic kidney disease requiring dialysis; scarred kidneys.
❚ Gastrointestinal issues and use of a feeding tube.
❚ Internal and external scarring from surgeries.
The notice of claim filed on his behalf asks Gilbert and San Tan Charter School each to settle for $45 million based on his medical expenses of $20 million and $25 million for “continued pain, discomfort, suffering, disability, disfigurement, anxiety and loss of enjoyment of life, as well as loss of earning capacity.”
His parents seek $3 million each from both the town and school for “loss of love, care, affection, companionship and other pleasures of the parent-child relationship” as well as loss of income. Both parents have become his full-time caretakers, the notices of claim state.
The other student left the hospital on June 10 and seeks $5 million, in addition to $1 million for each parent, from both the town and the school.
That boy, who also got HUS, has been dealing with dialysis, scarred kidneys, gastrointestinal issues, high blood pressure, optical nerve damage and anxiety, according to the claims.
Melissa Lovci and Carey Taylor both declined to comment.
According to the Arizona Department of Health Services, the state has seen 267 Shiga toxin-producing E. coli cases in 2019. There were 296 cases in 2018 and 166 in 2017. Few cases produce HUS and cause such debilitating injuries.
The CDC says that STEC lives in the guts of animals such as cattle, goats and deer and is most often spread through contaminated food, unpasteurized milk and contaminated water. One in five cases are part of an recognized outbreak, but for the other 80%, sources are difficult to identify.
Town, school say they’re not responsible
The notices of claim against Gilbert blame the town's water system for contamination that could have caused the E. coli infection. Town officials say that's incorrect.
“We are sad to learn about the details mentioned in the claim,” town spokeswoman Jen Harrison wrote in an emailed statement. “Gilbert has fully cooperated with the Maricopa County Department of Public Health and the Centers for Disease Control and Prevention’s investigation as they tried to locate the source. Gilbert’s drinking and reclaimed water systems were, and continue to be, in full compliance with all regulatory requirements.”
San Tan Charter School also denied responsibility.
The notices of claim against the school highlight its “numerous unsanitary conditions” including “clogged toilets, contaminated water, and loose animals on the school campus and in the classrooms (that) contributed to the filthy, disease causing environment” and caused the illness.
Kristofer Sippel, school CEO and superintendent, said that after school officials realized the children were hospitalized and reporting the same symptoms, they contacted public health officials and asked them to come out to make sure the campus was safe.
Sippel said county officials determined the school’s soil and food practices were all safe and in compliance with regulations and that nothing required follow-up.
In a May 23 letter to parents, he wrote that the school participated in a voluntary inspection visit by Maricopa County Environmental Services, performed a “deep clean” of trafficked areas and that public health contacted students who reported illness or absence. He also alerted parents to the signs and symptoms of STEC.
“There was no Shiga toxin-producing E. coli found on campus,” Sippel said. “If this was really a widespread issue — we have over 700 kids on our campus, and teachers — there would be a significant outbreak. We’ve been on the campus for six or seven years and there’s been no water issues, and we’ve always gotten our water from the town of Gilbert.”
Other than the two sick kids, Sippel said, all has been normal in terms of campus health since. “We’ve had school for months now, and nothing else has popped up on our end.”
County health investigation ongoing
Maricopa County Department of Public Health spokeswoman Sonia Singh wrote in an email that her department partnered with the Maricopa County Environmental Services Department "to perform an extensive environmental and epidemiologic investigation to identify potential exposures of E. coli O157 in Gilbert."
The departments did not identify a source of the E. coli despite an extensive investigation, she wrote. Their investigation is ongoing.
The county health report did highlight a few points, however. According to the May 22 writeup, an inspector observed several instances of improper hand-washing and glove use by foodservice employees. It also reported a muddy field played on during field day on May 13, a toilet clogged at that time and a guinea pig and “free roaming” rabbit in the fourth- and fifth-grade classrooms without nearby hand-washing stations nearby.
The legal process ahead
McClellan, the attorney for the six claimants, declined to provide more information on the notices of claim he filed.
“The unfortunate situation with these boys is still under investigation, so I am not at liberty to talk about it at this time,” McClellan wrote in an email.
According to Gilbert’s notice of claim process, the town will determine if it is liable for the injuries. It will accordingly decide whether or not to pay the amounts sought after an investigation of the claim.
Sippel said the claims have been forwarded to the school’s insurance company.
“On our end, I don’t see anything else,” Sippel said, reiterating that health reports found no evidence of E. coli on the campus.
If San Tan Charter School has to pay any portion of the requested $58 million, it could pose a hurdle for the school. According to June 2019 filings with the Arizona State Board for Charter Schools, the school is in debt to the order of $2.4 million (up from debt of $1.78 million the year before).
If the filing parties are not satisfied with responses from the town and school, the claims could lead to lawsuits. Individuals are not allowed to sue government entities like Gilbert or a charter school without first going through the notice of claim process.
How to guard against E. coli infection
The CDC recommends washing hands as the main way to prevent against STEC infections. Washing hands is especially important after using the bathroom, before preparing or eating food and after contact with animals and their environments.
It also recommends cooking meat completely, avoiding raw dairy, avoiding untreated water, avoiding swallowing water from outdoors and preventing cross-contamination from raw meat while cooking.
Children younger than 5, adults over 65 and people with weak immune systems are particularly at risk.