Food Poisoning Law Blog

Last week a 3-year-old boy from Aurora, Colorado died after contracting an E. coli infection. The boy attended an unlicensed home daycare center in Aurora, Colorado. Health officials have focused their investigation on the home daycare center, which has been closed.

According to KWGN out of Denver, health officials have confirmed that another child who attended the home daycare center has an E. coli infection:

Dr. Richard Vogt, executive director of Tri-County Health, said a positive test culture came back taken from a 1-year-old girl. The bacterial illness killed a 3-year-old boy last Friday. Health officials traced the cause back to a daycare the toddler attended. Since then health workers have taken samples from every child who attended the center.

Health officials have not found the source of these illnesses, but according to the KWGN news report, health workers believe the E. coli outbreak originated from food served at the daycare center. The news report suggests that the source may be “spoilt” food, but that wording is not quite accurate. E. coli contamination does not happen when a food spoils; it happens when fecal matter with E. coli in it gets on or in the food. Spoilage might suggest simply that the E. coli bacteria had more time to colonize.

The Aurora, Colorado daycare may have violated state laws, according to the same KWGN report:

Arapahoe County Human Services have issued a cease and desist order to the operator of the daycare. It was estimated that 21 children attended the daycare on and off. That swollen number broke state laws which state an unlicensed daycare can only take care of relatives and two additional children. Vogt said given the investigation, it is very doubtful that this operation would ever be allowed to operate again.

This appears to be a case where issues of gross negligence need to be explored by an E. coli lawyer. If you would like to contact a lawyer at our law firm, please call 1-888-377-8900 (toll-free), email attorney Fred Pritzker or submit our online form for a free consultation.  We have experience with daycare liability.