Petting Zoo Sued Over E. coli Outbreak

NBC17.com also did a story about my Crossroads Farm Petting Zoo lawsuit. From their article:

"Twenty-four outbreaks have been linked to fairs and petting zoos since 1995," said attorney William Marler, of the Seattle law firm Marler Clark. "Any operator of a petting zoo should be well-versed in the ways of preventing E. coli infections among their patrons and should have procedures in place to do just that. At this petting zoo, procedures were woefully inadequate to prevent an outbreak."

Petting zoo sued over state fair E. coli outbreak

As the Associated Press reported yesterday, I filed my lawsuit against Crossroads Farm Petting Zoo Friday on behalf of my clients whose young children got HUS from E. coli contamination at the North Carolina State Fair. Some of these families have more than $100,000 in medical bills, so this won't be a cheap lawsuit. Not that HUS cases ever are.

And not that there's any amount of money in the world that could restore what these families have lost. One family had two preschool boys who became severely ill, with one boy hospitalized for 10 days and the other for 17 days. All of the children involved in the lawsuit were 3 or younger.

As the AP reports:

"Twenty-four outbreaks have been linked to fairs and petting zoos since 1995," Marler said after the lawsuit was filed. "At this petting zoo, procedures were woefully inadequate to prevent an outbreak."

State health investigators find cause of E. coli outbreak

North Carolina health officials announced Thursday that the Crossroads Farm Petting Zoo exhibition at the state fair in October. This was a heartbreaking outbreak -- one that caused 15 young children to get HUS. Four out of the 15 are still on kidney dialysis. Half of the 108 people infected with E. coli were 5 years old or younger, and two-thirds were under 18.

As the Associated Press reported yesterday:

Health inspectors found that those infected at the State Fair were most likely to have fallen down in manure, touched manure, stepped on manure or had animals jump on them.

Children who were sucking their thumbs or pacifiers or drinking from a sippy cup while visiting the petting zoo were also more likely to be infected, the report said.
The report said Crossroads Farm Petting Zoo "had implemented guidelines from a national group of public health veterinarians to encourage hand hygiene to protect visitors from illness. Signs and hand sanitizing stations were present."
However, because very few E. coli bacteria can cause infection, those measures were not enough, the report said.

E. coli cases keep increasing

As Sarah Avery reported for newsobserver.com, E. coli cases keep increasing in North Carolina. So far, 24 cases have been confirmed and 33 cases are being studied to see whether the cases are related.

The most common link among the people who are sick is a trip to the State Fair last month -- in particular, to a petting zoo exhibit. Of the 33 cases under scrutiny, 15 have State Fair connections, one attended the Cleveland County fair, seven did not attend the fair and the remainder have not completed the investigator's questionnaire.

"If it does turn out to be a petting zoo, there are thousands of people who were exposed, and they are widespread," said Dr. Jeffrey Engel, state epidemiologist. "People came to visit from other states."

The outbreak is North Carolina's largest E. coli infection since a 2001 incident in Robeson County that stemmed from unpasteurized butter offered to schoolchildren during a demonstration. More than 200 grew sick.

Food contamination, particularly from beef that has come in contact with animal feces during slaughter and processing, is often the source of E. coli infections, but petting zoos are also common sources.

William Marler, a Seattle lawyer who has built a national practice filing lawsuits in E. coli and other contamination cases, said petting zoos are aware of the dangers of the business, and most provide hand-washing stations. But even the best of precautions can still fall short.

He said he represented 25 families in an unsuccessful Oregon case in which people grew ill after visiting the petting zoo. Half of the victims washed their hands; half didn't. Babies in strollers got sick despite never getting out of their strollers or touching the animals.

"The frustrating thing was, there wasn't a common denominator," Marler said. "We were trying to figure out what the fair did or should've done to prevent the outbreak."

He said two of the North Carolina families in the current outbreak have called him, but he does not know whether there is a legal case. Much depends on what state health investigators turn up and whether the outbreak is traced to the State Fair.

"When I was a kid taking my cow to the fair, nobody even heard of E. coli," Marler said. "That was 35 years ago. But since Jack in the Box, and with repeated fair outbreaks, we have to be more vigilant."