School Lunch - Safe?
March 4 2003
CHICAGO — A number of indictments are expected any day in the November 25, 2002, anhydrous ammonia poisoning of dozens of students and teachers at Laraway Elementary School in Joliet, Illinois. The Illinois Attorney General is expected to name several government and corporate officers. Charges will reportedly include Reckless Endangerment and Official Misconduct.
An anhydrous ammonia leak at a St. Louis-based U.S. Department of Agriculture commodities storage facility in November, 2001 resulted in the contamination of thousands of cases of food destined for the National School Lunch Program. More than 7,000 cases of food being stored in the facility came into direct contact with ammonia, and were disposed of. However, boxes of chicken fingers that did not come into direct contact with the poison were fumigated and approved by health officials to be distributed and served to Illinois schoolchildren through the National School Lunch Program. Uncooked chicken found at Laraway Elementary School tested positive for ammonia at 133 times the acceptable level in food.
When nearly four dozen children and two teachers at Laraway Elementary School near Chicago became ill after consuming ammonia-tainted chicken fingers that were provided by the National School Lunch Program in November 2002, an investigation into the source of the contamination was launched. Lawsuits were filed, and a grand jury was convened to look into the incident.
“There appears to be substantial evidence that many people were fully aware that the contaminated chicken had been sent to the students at Laraway, and that they sat back and waited to see what would happen. It’s inexcusable,” said David Babcock, an attorney with Marler Clark, the Seattle-based law firm nationally known for its representation of victims of foodborne illness. “The actions of the Attorney General emphasize the serious failings on the part of the corporations and government officials that poisoned these children.”
Marler Clark, in conjunction with the Chicago-based law firm of James P. Crawley & Associates, has already filed suit naming two corporations in the poisoning. The lawsuit was filed in Will County Circuit Court, and alleges that Gateway Cold Storage and Lanter Refrigerated Distribution knowingly shipped foods contaminated with anhydrous ammonia to Laraway Elementary School for use in its school lunch program. The suit states that the company owed a duty to the children and teachers to distribute a product that was fit for human consumption, and asks that the companies be held strictly liable for the poisoning of 17 students and two teachers. They will likely seek punitive damages.
“The National School Lunch Program was created to provide nutritious food for students, not to endanger their health by poisoning them,” Babcock continued. “I’m sure none of the people being indicted would have served this food to their own children.”
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Note to Editors: Marler Clark (http://www.marlerclark.com) has extensive experience representing victims of foodborne illnesses. The firm recently secured a verdict of $4.75 million against a School District in Eastern Washington. William Marler represented Brianne Kiner in her $15.6 million settlement with Jack in the Box in 1993. In 1998, Marler Clark resolved the Odwalla Juice E. coli outbreak for five families whose children developed HUS and were severely injured after consuming contaminated apple juice for $12 million. Total recoveries exceed $75 million. Marler Clark is currently lead counsel in actions resulting from E. coli, Salmonella, Shigella, Listeria, Norwalk Virus or Hepatitis A outbreaks in several states. Marler Clark has also litigated on behalf of children against KFC, Bauer Meats, IBP, Excel, McDonalds, Hardees, Wendy’s, Subway, Sizzler and Carl’s Jr.
See also, http://www.foodborneillness.com.