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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Parents sue Joplin day care

Globe Staff Writer Wally Kennedy has reported that the E. coli outbreak that hit a Joplin day-care center in May and June, affecting as many as 26 children, has generated its first lawsuit.

My firm filed this lawsuit against Kid’s Korner Day Care Center last week on behalf of Patricia and Asa Wasden, parents of Ian Wasden, a 2-year-old boy who suffered from hemolytic uremic syndrome after contracting the E. coli bacteria in June. Health officials instructed the managers of Kid’s Korner to notify the families of all children enrolled there of the outbreak to prevent illnesses, but the Wasdens never received notification from the center.

It wasn’t until June 1, the date that Ian Wasden fell ill with symptoms related to his E. coli infection, that his parents learned about the outbreak.

Drew Falkenstein, a lawyer with Marler Clark in Seattle, said Wednesday in a telephone interview: “The day-care center was responsible for our client’s E. coli infection under the facts that have been revealed.

“Where it came from, the mode of transmission into the day care, we are not sure. But, we do know our client’s parents were not informed of the outbreak, and they are responsible for that and the child’s subsequent infection.”

Falkenstein said Ian Wasden was hospitalized for nearly three weeks, and that he went through a full week of kidney dialysis, seven blood transfusions, three surgeries and a severe case of pancreatitis.