In all, Odwalla has settled 17 of 20 cases and paid the claims of some 350 people who said they suffered ill effects from the apple juice. The company still is a defendant in three other cases related to the outbreak, said Gallagher, who said he had no comment about them. Berman was the most seriously injured, incurring $ 125,000 in medical bills and requiring 24 days in a hospital and 16 days of kidney dialysis. Kidney damageĪll but Wright suffered kidney damage.
The five injured children whose parents had sued Odwalla are Katherine Wright, 4 Brooke Hiatt, 5 and Michael Beverly, 4, all of Seattle Amanda Berman, 5, of Chicago and Brian Dimick, 7, of Washington, D.C. "All of us, including the families, appreciate Odwalla being compassionate and doing the responsible thing by settling these cases," said Marler. He said both Steltenpohl and Williamson were involved in the mediation process. Said Marler: "The amounts of the settlements will be substantial enough to fully compensate the children and their families for what they went through and may encounter in the future." Tuesday, Odwalla's chief executive officer, Stephen Williamson, said, "Our sympathy will forever be extended to the individuals and families who were affected by this." Odwalla co-founder and Chairman Greg Steltenpohl added, "We are all pleased to have reached a resolution which allows both the families and our company to move forward in a positive way."Ĭhris Gallagher, a company spokesman, added, "Most importantly, we are pleased that all these children remain in good health." Marler and attorneys for Odwalla's insurers were far apart, and negotiations appeared derailed. The relationship between Odwalla and Marler was acrimonious, and worsened after a news report of an earlier failed mediation session for one of Marler's cases, conducted in San Jose with retired California Supreme Court Justice Edward A.
Odwalla promptly recalled its apple juice and began to pasteurize it. Most of the cases occurred in Western states where Odwalla's apple juice is sold.
Some 70 infections and one death, of a 16-month-old Colorado girl, were reported about that time. coli bacteria infections that began around Halloween in 1996. A Seattle lawyer, Bill Marler, represented the five families in the high-profile civil cases, which stemmed from the outbreak of E. The agreements were announced Tuesday, following mediation meetings last week in Seattle. The settlements are preliminary as they must be approved by a mediator, Lawrence Irving, the retired federal judge from San Diego who handled negotiations. The Half Moon Bay-based company and the plaintiffs agreed not to disclose the value of the five settlements, but the New York Times and the Seattle Post-Intelligencer, citing unidentified sources familiar with the case, reported Odwalla would pay between $ 12 million and $ 15 million to the five families. Odwalla will establish trusts for each of the five children, and the money may be used for their education or for any future medical problems that may be associated with the infections. Juice maker Odwalla Inc., stymied by lawsuits filed after a breakout of bacterial infection caused by its unpasteurized apple juice, has reached out-of-court settlements with the families of five injured children. Mh2>Victims of '96 Outbreak to Get a Reported $ 15 Million
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