$15.6 Million E. Coli-Case Settlement -- Redmond Girl, 12, Survived Poisoning

The family of a Redmond girl who survived E. coli poisoning two years ago in the Jack in the Box hamburger contamination case are awaiting approval of a $15.6 million settlement with the restaurant chain's parent company.

If the voluntary settlement for 12-year-old Brianne Kiner is approved by a Superior Court judge Wednesday, it could be the largest personal-injury award in state history, says William Marler, Kiner's attorney.

The settlement, between Kiner's family and the restaurant's parent company, Foodmaker Inc. of San Diego, will be paid by Foodmaker's insurer.

Representatives with Foodmaker Inc. could not be reached for comment yesterday.

Marler said terms of the settlement were completed earlier this month and that both the company and Kiner's family are pleased with the outcome.

"In the context of what she went through, this is a very fair settlement," Marler said. "We're going to be able to take care of Brianne's medical needs for the rest of her life."

Von Stores Inc. and several other meat processors also were listed in the settlement.

Marler said Brianne is in good spirits, despite continuing health problems from the E. coli 0157:H7 poisoning.

She's attending a rehabilitation school in the Southwest, a school for children who have suffered long-term neurological damage.

Brianne spent 42 days in a coma after eating a hamburger infected with the E. coli bacteria purchased at a Jack in the Box. She was one of the most severely injured survivors of the E. coli poisoning that hit more than 600 people in the Northwest in January 1993. It was the worst such outbreak in U.S. history.

Three children died of complications linked to the E. coli poisoning.

Early on, Brianne was not expected to survive the infection. Most of her colon was removed after she ingested the bacteria. She suffered permanent damage to her kidneys, liver, pancreas and lungs.

It's possible Brianne will need a kidney transplant, Marler said.

Now a diabetic, the youngster also must use insulin to control her blood-sugar levels.

Greg Platz, a spokesman for the Kiners, said the family intends to set up a foundation in Brianne's name to help support families with children who have special health-care needs. The Kiners also plan to donate money to Children's Hospital in Seattle for E. coli research.

Foodmaker Inc. already has reached settlements with many victims of the poisonings, including settlements with the families of the three children who died. Last year, the company agreed to pay $1.3 million to the family of Michael Nole, 2, of Tacoma. In 1993, the families of 2-year-old Celina Shribbs of Mountlake Terrace and 17-month-old Riley Detwiler of Bellingham also reached settlements with the company.

"I think the settlement is a recognition on the part of Foodmaker Inc. that they cannot with impunity ignore state meat regulations," Marler said of the Kinner settlement.

The settlement was not part of a class-action suit by other victims of the outbreak.

Since the outbreak, Jack in the Box has strengthened its meat-safety procedures. Last year, in response to the outbreak, the U.S. Department of Agriculture announced that scientists have developed a test that speeds the process of detecting E. coli in meat and poultry.