Field Fisher Waterhouse, the law firm
representing 27 children who suffered serious health problems
following exposure to E.Coli 0157 at Godstone Farm, has been
successful in its group action against the farm. The firm has
this week received confirmation from the farm that they will not be
disputing liability in this case.
In August 2009 over 90 children and adults
suffered serious health consequences due to their exposure to
E.Coli 0157 while visiting the farm in Surrey. The E.Coli 0157
outbreak was the largest ever linked to an open farm in the
UK.
E Coli 0157 is a particularly dangerous strain
of e coli and can cause serious illness including renal failure and
death in children under 5 and the elderly. It is specifically
carried in farm animals and it was only discovered in 1975. It is a
relatively new strain of bacteria and is distinct from the e coli
that we all carry. It has to be ingested by humans and is
carried in the gut of animals and consequently their faeces. It
does not cause any illness in animals.
In June 2010, Field Fisher Waterhouse partner
Jill Greenfield
issued proceedings in a group action against the farm on behalf of
Todd and Aaron Furnell, twins who were exposed to E.Coli 0157. Both
of the twins, now aged three, suffered kidney failure and spent
weeks in hospital after being infected with the bacteria. Medical
evidence obtained in the course of the litigation indicated that
both Todd and Aaron have impaired kidney function. Medical evidence
gathered so far suggests that some of the children are at
risk of renal failure which could lead to dialysis and the need for
kidney transplants in future years.
One of the main arguments against the farm
centred on the fact that small children visiting the farm were
allowed to enter the pens of animals. A deep bedding system was in
operation which meant that straw was piled on top of other faeces
contaminated straw. Such straw would have remained in place for
many weeks. It was the Claimant’s case that toddlers were therefore
put into direct contact with animal faces at close quarters, which
could then be on their clothes and shoes, not just their hands.
The farm initially defended the claim, despite
the publication of the Health Protection Agency’s report, The
Griffin Inquiry, into the outbreak which found there were numerous
failings in the way in which the farm handled the outbreak and in
its appreciation of the risk associated with E.Coli 0157.
Today’s confirmation by Godstone Farm that it
will not be disputing the claim applies to all of the children
represented in the group action who were exposed to E.Coli 0157
between 8 August and 4 September 2009 and have suffered personal
injury and consequential loss as a result. The level of financial
support awarded to the families involved will be decided at a later
hearing at which the court will approve any damages to be
awarded.
It is understood that the farm intends to
pursue a claim for indemnity/contribution against Tandridge
District Council and the Health Protection Agency.
Jill Greenfield said: “Godstone Farm’s
confirmation that they will not contest the claim is a welcome
decision for all families involved in the outbreak and an important
step in recognising the danger that E coli 0157 poses to young
children. To have toddlers seriously ill on dialysis, as many
parents did, is simply horrific. Many of the children now have
compromised kidney functioning. We will only know the long term
implications when the children get older. Only then will it become
apparent whether or not their kidneys can continue to cope as they
grow. These families live with the long term worry that at some
point in their life their children will develop a life threatening
complication such as kidney failure because of a fun day out
to a farm.”
The twins mother Tracy Mock said: “I am very
pleased that we have been successful in this case. As a family we
have suffered significant pain and distress and may still not know
for many years to come the long-term consequences for the twins’
health. In the light of the farm’s decision, we can take comfort in
the fact that Todd, Aaron and the other children affected by this
will have the financial support they need to deal with their
current health problems and any that arise later in their
lives.”
-ends-
For further press information please
contact:
For further press information, please
contact:
Louise Eckersley, PR Manager,
on 020 7861 4120
Amie
Ryalls, PR Executive, on 020 7861 4995
Jill Greenfield, on 020
7861 4557 or 07917 769474
Richard Earle, Lawyer, on
020 7861 4041