Valley parents seek $174 million after sons suffer serious illnesses tied to E. coli

Editor’s note: The video above aired before we learned of the notices of claim filed against the Arizona Department of Environmental Quality and the Arizona Department of Education.

Two Valley families are seeking $174 million from their sons’ charter school, the Town of Gilbert, and the State of Arizona, after the boys suffered horrifying complications from E. coli infections last May.

One of the boys, an 11-year-old, requires around-the-clock medical care, according to notices of claim, while the other, who is 10, suffered devastating organ damage.

12 News has obtained the notices of claim, filed by the families’ California-based attorney. They are seeking:

• $58 million from San Tan Charter School
• $58 million from Gilbert, where the school is located.
• $51 million from the state Department of Environmental Quality, in its role as a water-safety monitor.
• $7 million from the state Department of Education, in its role as charter overseer.

Government bodies have 60 days to respond to a notice of claim – either by rejecting it, settling or doing nothing – after which a lawsuit can be filed.

The owner of San Tan Charter School told parents last week the school was cleared by the Maricopa County Department of Public Health after a rigorous inspection in May.

“We invited the Health Department out to do a site visit in May … (It) came up negative for E. Coli,” San Tan Chief Executive Officer Kristofer Sippel told parents.

Sippel added: “Anyone can do a notice of claim for any reason at any time. There is currently no legal action against San Tan Charter School and the notice of claim has been submitted to our insurance company.”

Sippel sent the letter to alert parents that the Arizona Republic was preparing a story. Parents at the school’s K-8 Recker campus had been warned in May about a potential E. coli outbreak.

The Town of Gilbert issued this statement:

“We are sad to learn about the details mentioned in the claim. 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.”

The two state agencies could not be reached for comment.

The notices of claim seek settlements for the two boys and each of their parents.

The family of the 11-year-old – the most seriously ill child – is seeking $135 million.

His family’s notice of claim says the E. coli bacterial infection blew up into a life-threatening form of kidney failure. He was hospitalized for at least five months.

The boy suffered severe brain damage, his large intestine was removed and he now has a permanent colostomy bag, according to the claim. He also suffers from chronic kidney disease.

The boy now requires skilled nursing care around the clock, the claim says.

The claim on behalf of the other boy – a 10-year-old – says he was hospitalized for a month.

The family is seeking $15 million for treatment of damage to his kidneys, eye, gastrointestinal system and possibly his heart.

According to the U.S. Centers for Disease Control and Prevention, 5 to 10 percent of E. coli infections mushroom into serious illnesses.

The county’s Department of Public Health says the two San Tan Charter cases were part of a cluster of six E. coli illnesses afflicting children over a span of seven months, from October 2018 to May 2019.

The health department has not identified a cause. But according to the county, the children – ages 2 to 11 – share a connection: They live or go to school in Gilbert.

“No case has been identified since May,” the health department said in a statement to 12 News. “We think this is likely over.”

The attorney for the families, Craig McClellan of San Diego, declined to comment.