Poisoned

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1:00Supplies last. Ends June 30th. Terms at aka.ms slash collegepc. This episode discusses the death of several children. Please use discretion. We saw some blood in his stool, and we were also noticing decreased urine output. But the bloody diarrhea was, I mean, that was, as you can imagine, that was alarming. This is Darren Detweiler. In early 1993, he was living just north of Seattle with his wife and their two children. In late January, their 16-month-old, Riley, got sick, and they took him to the hospital. they started on my v fluids and um you know just sitting there in that hospital which strangely was across the street from his daycare center sitting there with him holding him on my lap for much of this when he was you know with his iv and there was a sense of oh this is going going to be fine.

2:11We're just going to pump through it full of fluids and it'll be fine. But everything escalated so quickly. Riley wasn't getting any better. The doctors decided that he should be airlifted to Seattle Children's Hospital. I wanted to go up to the helicopter pad and they wouldn't, you know, our protocols won't allow this, you know, and I could, I could, I could understand that. Believe me, I can understand that. But the craziest thing was that by this time, the local news had been notified of this. And him being taken on a stretcher on the helicopter pad and loaded onto the helicopter was being covered live on the television.

2:59And so his mother and I are still down in his hospital room where the nurses were basically processing us out so we could leave to drive down. It's about an hour and a half drive down to the children's hospital. And we turn around and we're watching this being covered live on the local news. And there's my son there.

3:31He's dwarfed by this huge teddy bear. But I could see this tuft of hair, and I can see his eyes, whiter than you would ever imagine as he's being loaded onto this helicopter. Earlier that month, within a span of 24 hours, nine kids had shown up at Seattle Children's Hospital with symptoms just like Riley's. And one of the primary doctors at Children's Hospital in Seattle when he saw that there were a number of children that had come in with these symptoms, mainly in their stomach and the throwing up, the diarrhea, the bloody diarrhea, he was immediately alarmed because of the number, and they kept coming.

4:22This is writer Jeff Benedict. The doctor at the hospital got in touch with the state health department and reported that he'd never seen anything like this before. Nine sick kids with E. coli in 24 hours made him worry that there were going to be a lot more. This was on a Tuesday, and by Friday, the number was up to 37. A few of the children had been moved to the ICU. Doctors were trying to figure out what was going on. one of the things that helped them early was the recognition that the victims who were showing up at the hospital were all children. And that tells you something. And it's like trying to solve a puzzle, and you start looking backwards.

5:11Okay, where did these children eat? And it didn't take them long to start turning their focus to fast food restaurants in the Pacific Northwest, particularly around the greater Seattle area. And step by step, they got to Jack in the Box. Jack in the Box is one of the oldest fast food chains in the country. 27 of the 37 sick children had eaten there. The top public health official in the state, a man named John Kobayashi, contacted Jack in the Box headquarters and said they had a problem, a potential E. coli outbreak. At that time, what is known about E. coli? Very little. If you took a poll at that time on any public street in any major city in the U.S.

6:09and asked, what is E. coli? Most people would just look at you like, what? They'd never even heard the term. E. coli is a kind of bacteria that can be found in the intestines of people and animals. There are many different strains of E. coli, and many don't cause any harm. But some can be deadly, including one called E. coli 0157H7. Back then, there hadn't really been a national outbreak of E. coli. There had been a few very small cases that had been studied by the medical profession, but most people, including the medical establishment, were unfamiliar with this. And so the hospital is sort of scrambling around, but they don't really know what they're dealing with.

7:01One of the few things that they did know was that most people, at the time, got E. coli from eating undercooked ground beef. State epidemiologist John Kobayashi asked Jack in the Box how they cooked their hamburgers. They said that they made sure to cook them to an internal temperature of 140 degrees, which was the federal regulation. But one year earlier, John Kobayashi had raised the Washington state-required cooking temperature for ground beef from 140 degrees to 155 degrees. And Jack in the Box had just admitted that they hadn't been doing that. At the time, what was the USDA doing in terms of food safety?

7:49Not much. If you think about it in today's terms, you can go to a grocery store in any state in America, and if you buy meat or poultry, there's stickers on the outside that warn you to cook them to the proper temperature. and handling instructions and all that. I mean, at Thanksgiving, when you buy a turkey, there's warnings on the outside about, you know, the things that can make you sick if you don't store it and cook it properly. That's—the federal government does that well now, but then those things didn't exist. Jack-in-the-box temporarily shut down their 66 locations in the state. And John Kobayashi issued a statement, officially naming Jack in the Box as the source of the outbreak.

8:45I'm Phoebe Judge. This is Criminal.

9:00By January 28th, two children at Seattle Children's Hospital had died from E. coli, and there were over 200 confirmed cases. Jack in the Box's CEO, Bob Nugent, was called to Washington, D.C. to testify in front of the Senate. He was a, you know, relatively young CEO, and he had two children. He had two daughters. And he felt guilty. He actually wanted to testify. He wanted to talk against, you know, the better judgment of his attorneys. And he said things that were essentially incriminating because he was—I don't know that he thought about it this way, but he was basically acknowledging that Jack in the Box had screwed up.

9:58Bob Nugent acknowledged that their Washington restaurants hadn't been meeting the state mandatory cooking temperature and said, quote, I wish I had known about the Washington state regulation when it was established. I didn't. He also said, It is important to note that the contaminated meat that was infected with the E. coli bacteria before delivery to our restaurants had passed all USDA inspections. But his intention was he was trying to take responsibility. And he was also trying to protect his own company. But he, you know, he just, when I say as a journalist he was too honest, what I mean by that is he was pretty raw.

10:44I think by that point he knew that his company had made an enormous mistake. And the only thing he was really focused on at that point was trying to figure out how to make sure that it never happened again. Darren Detweiler had heard about the outbreak before his 16-month-old son Riley got sick. Their family hadn't eaten at Jack in the Box. But they later learned that it was possible to get E. coli just from being in contact with someone who had it. When Riley was airlifted to Seattle Children's Hospital, Darren Detweiler and his wife followed by Carr It took us about, I would say, two hours in all to get down to Children's Hospital, and it was a very quiet drive We got there and we weren't initially able to go in because the doctors weren't ready for us to go in and see him And we were talking about a full-blown pediatric intensive care unit in Children's Hospital.

11:50And by the time a doctor and a nurse brought us into that room, you almost couldn't even see him. And he was completely dwarfed by wires and tubes and monitors. And you can't explain that. How do you explain this to a 16-month-old? You can't. And I'll never forget when he kind of looked up and he pointed at the IV bag hanging from a pole. And he said, Baba, because in a way, with the markings and there was liquid in it, it kind of looked like a bottle. I could see that. And we were able to kind of brush his hair a little bit and tell him we're here for him. But they ultimately proceeded to say, we need to get him into surgery immediately, calling it exploratory surgery and warning us that the longer they wait, the more damage could take place.

12:50And they took him in for the surgery. When he came out, he was on a ventilator. And the first thing they did is explain to us how he was medically induced into a coma. And then finally, a surgeon came in and explained that they had to remove the majority of his intestines because they were completely destroyed by this pathogen. And we spent the next two to three weeks, as we were being explained what every single monitor was and what was being measured and what this number meant and that they wanted this number to go up or they wanted this number to go down or whatever it was, watching them get worse day after day after day.

13:37And what started as we're worried about these numbers became a, now we're worried about the oxygen deprivation to his brain. And there was a day where they came in and said that there was no turning back in terms of the oxygen deprivation to his brain. and that they had already continued beyond what they normally would have in terms of keeping him in life support and that essentially he was not going to survive.

14:19Darren and his wife consulted as many doctors as they could, but everyone came to the same conclusion. So they agreed to take Riley off life support. And the nurses and the doctors removed him from everything, and they wrapped him up in a blanket. And I'll never, ever forget being asked to sit in a rocking chair and having him put into my arms and hold him, and I could smell his hair again and hold him tight. And in my eyes and in my mind, his chest was rising and falling, but it wasn't.

15:19Riley Detweiler died on February 20, 1993, After over 20 days in the hospital.

15:33We'll be right back.

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17:52In the same hospital where Riley Detweiler had been treated, a 10-year-old named Brianne Kiner had been in the ICU for weeks, in a coma, with similar symptoms as the other sick kids. Writer Jeff Benedict. And from everything that they were seeing with the way that the E. coli had attacked her, unfortunately, it was that her chances of survival were very low. And the doctors felt like she was one of the ones that they weren't going to be able to save. Here's lawyer Bill Marler. You know, I remember the media was covering day 37 of Breanne Kiner's coma. You know, the doctors were telling the Kiner's that there was no hope that they should actually remove her from life support.

18:52Breanne's mother, Suzanne, wanted to speak with her pastor before she signed the forms authorizing the hospital to take Breanne off life support. She left her daughter's room to find a payphone. During her phone conversation, Suzanne heard her name being called on the public address system. And as she was hanging up, doctors ran towards her. Breanne was awake. and at the time it was portrayed as a miracle because, you know, from the doctor's perspective, they didn't really have any precedent for this. And granted, there hadn't been a lot of cases to look back on, but this was a big abnormality in the, you know, in the outbreak for sure.

19:41But the damage to her was, was pretty catastrophic. Like they, they knew at that point that, you know, a couple of her vital organs were, she was, she'd already lost. Um, and that there would be things like she'd never be able to have children. Um, I mean, she's a, she's a child at this point and you already know things like that, that her, her physical growth is going to be stunted. She's going to be under medical care for the rest of her life. Breanne's mother, Suzanne, realized she should get a lawyer. She met with several, including Bill Marler, who came to meet her and Breanne in the hospital.

20:29She'd been, you know, in a hospital bed by then probably three and a half months, So she was incredibly weak, and you could kind of hardly see her because she was so small and shriveled. I mean, this is, you know, her body was a pincushion. It was a very, I mean, as a father, it was a really frightening experience to see a kid like that. And it was so overwhelming. I just sort of backed up, walked out the door, and, you know, I was pretty emotional. And I wound up still talking to Mrs. Kiner afterwards, but I was pretty confident that they weren't going to hire me because how many times you're going to hire a lawyer that breaks into tears?

21:14Bill also knew that he didn't have as much experience as some of the other lawyers Suzanne was considering. So he was surprised when she called him and said she wanted to hire him. Suzanne later told Jeff Benedict, quote, I wanted someone who'd come in and spend 15 minutes just absorbing her. Bill was the only one that could look at her. Bill Marler began looking into Brianne's case. Yeah, I was working up damages, you know, what is the long-term impacts of somebody with no large intestine, or who's a diabetic, or who was on dialysis for as long as she was, or suffered a brain injury. All that had to be put together with complex medical experts who could, you know, opine about what happened to her, but also what the future held for her, which was obviously very complex.

22:15Breanne stayed in the hospital for months. She had to have another surgery and had to relearn almost everything. Her colors, how to read, how to walk. Suzanne later told a reporter that Breanne's muscles all over her body had atrophied so much she struggled to chew food. As Bill read about food safety standards, he learned that Jack in the Box hadn't been the only restaurant that didn't follow the new Washington State cooking temperature rule, to cook ground beef to 155 degrees. Most counties in the state weren't enforcing it. There were a number of restaurant inspection reports from the weeks before the outbreak, where state health inspectors wrote things like, remember to cook to 140.

23:03Bill sent Jack in the Box's lawyers a formal request for any internal documents that had to do with how the restaurant stored, prepared, and cooked its meat. And I got, you know, hundreds and hundreds of boxes of paper. You know, this was long before the internet, long before computers, long before, you know, the ability to do databases. And, you know, a truck rolled up to my office and dumped off literally several hundred boxes of paper. And I think they felt that I never would go through them. And so we started, you know, myself, my staff, the other lawyers, started going through all the documents, and we started to see things like, you know, we knew that the state of Washington had increased cook times, but we didn't know for sure whether or not that information had gotten to jack-in-the-box.

24:06Bill spent weeks poring over the documents. While going through the files from their quality assurance department, he found a notice from the Washington State Department of Health describing the new mandatory cooking temperature for beef. According to the date on the document, Jack in the Box had received it seven months before the outbreak began. Jack in the Box chose to continue to cook their hamburgers at the lower level because increasing the temperature would require increasing the amount of time the hamburger cooked from two minutes to two minutes and 15 seconds. And that would have made their hamburgers less a fast food.

24:54And so they made the decision to essentially ignore the Washington state regulation and stick with the nationwide regulation. Bill found something else. Before the outbreak, a Jack-in-the-Box employee sent a complaint to corporate headquarters. Quote, I think regular patties should cook longer. They don't get done, and we have customer complaints. Jack-in-the-Box management replied, Quote, We would like to acknowledge the time and effort you have taken to contribute to the success of Jack in the Box by enclosing this pen. Usually you don't find smoking guns in these kinds of cases. Bill found, basically found two of them.

25:45Jack in the Box's lawyer was a man named Bob Piper. In early 1995, he and Bill met at a hotel in Seattle, along with representatives from Jack in the Box's insurance company, to try and negotiate a settlement for Brianne Kiner's family. What's interesting about Bill is he didn't have a lot of experience negotiating. And, you know, the insurance companies have, they have powerful lawyers, and they have a lot of them. And they do settlement stuff all the time. So, again, he's negotiating against or with people that are also older than him, more experienced than him. They're backed by big companies.

26:30Bill's kind of out there. He's really kind of on his own. But Bill was armed with information. You know, he knew more than they did about every aspect of the case. He knew more about E. coli. He knew how it worked. At the time, the biggest personal injury settlement in the state was$10 million. Bill was hoping to settle Breanne's case for even more, in part because he thought Breanne deserved it, and also he wanted the food industry to finally start taking E. coli and food safety seriously, and he thought this would set a precedent they couldn't ignore. His opening demand was$100 million.

27:19We'll be right back.

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29:37Price guarantee on talk, text, and data. Exclusions like taxes and fees apply. See T-Mobile.com. After lawyer Bill Marler made his opening demand of$100 million, Jack in the Box countered with an offer for$2 million. They went back and forth for a few days. And we got to a point where they had offered$14 million, and that's in 1995, and that's frankly real money back then. And I rejected it. And I remember the mediator looking at me like, Mr. Marler, Bill, can I talk to you for a moment? And so he was a 65-year-old former federal judge looking at me like, what are you doing, you idiot? And, you know, it was pretty frightening.