patching...
Breaking: Zach Sobiech Dies of Bone Cancer »
Welcome back, Patch Blogger!

Parents suing Stillwater, State after Lily Lake Fatality

A preliminary hearing is set for Friday as the family of Jack Ariola Erenberg seeks more than $1 million in damages.

 

The family of the 9-year-old boy who died last summer after swimming in Stillwater’s Lily Lake last August is suing the state of Minnesota, Washington County and the City of Stillwater for $1.5 million, according to an article filed by Mary Divine in the St. Paul Pioneer Press last week. Hearings begin Friday. Dec. 21 in Washington County District Court.

The wrongful death suit on behalf of James Ariola Erenberg, 9, states the local government entities were at fault for not posting warnings about possible Naegleria floweria in the lake, which took the life of a 7-year-old girl back in 2010.

Those are the only two recorded deaths from an amoeba obtained via swimming in a public area in Minnesota history.

Naelgleria amoebas are found in warm, freshwater and can travel through swimmers’ noses to their brains.

Roger Strassberg, an Arizona attorney who has headed wrongful death lawsuits in other states where children have died from the rare, water-borne microorganism, is representing the family.

Ken Harycki, Stillwater mayor, said the claim has been turned over to the League of Minnesota Cities.

Harycki said the beach at Lily Lake remained closed for 2012, and it is not certain whether the beach will open at all for the 2013 swimming season.

 

Related stories:

Related Topics: Amoeba, Jack Erenberg, Lily Lake, and lily lake death

yomammy

2:43 pm on Tuesday, December 18, 2012

couldnt we basically assume there is this ameoba somewhere in every lake?

Reply
Comment_arrow

Steph

3:40 pm on Tuesday, December 18, 2012

That's what I was thinking. From what I understand, it's recommended that children wear nose plugs while swimming. Sad case, either way.

yomammy

6:55 am on Wednesday, December 19, 2012

Very sad, but putting a sign every 10 feet around every lake....and making a city responsible for natures random ameobas?

Reply

Chadwick

8:35 am on Wednesday, December 19, 2012

I feel bad for these parents but I don't think they should be suing over this.

Reply

Veronica

9:20 am on Wednesday, December 19, 2012

I totally think that the city was wrong in not letting parents/citizens know that there could be a potential hazard swimming there ..especially after one previous death there..caused by the same thing....
I would have wanted to know about it....and at least a sign should have been posted stating such...and yes...even if every 10 feet.....
I dont think enough people were aware that there is this problem occuring now. The message needs to get out there about this hazard.

Reply
Comment_arrow

Randy Marsh

12:23 pm on Wednesday, December 19, 2012

The city has claimed previously that it was unaware of the previous death as a result of this amoeba in the lake, although perhaps they are trying to cover their own tracks on this. If this family wins the lawsuit it will not make things safer, but it will set a dangerous precedent and create unnecessary paranoia in the process.

Keith O.

9:53 am on Wednesday, December 19, 2012

I feel for the parents, but this could come out of the pockets of everyone in Stillwater. The city’s limits for liability claims claims is subject to the tort statutory limits set by the Minnesota legislature, currently $300,000 per person and $1,000,000 per accident. The city has a reserve to pay up to $10,000, but any claims above $10,000 can be put on Stillwater’s tax rolls.

Reply

bluto

10:38 am on Wednesday, December 19, 2012

We need to post signs every FIVE feet on every roadway because of dangers at these locations.

Reply

Bryan Smith

11:34 am on Wednesday, December 19, 2012

If there was foreknowledge and the city was informed that environmental conditions were favorable to the organism, then the city and other local and state resources may be liable for failure to post warnings. Note that the claim was raised to the League. Given we are the State of Lakes and are seeing annual increases in water temperature (note algae blooms), this and other organisms could become an issue that affect all Minnesotans, health wise or pocket wise, public and private.

Reply

Nancy Tomlinson

2:48 pm on Wednesday, December 19, 2012

I have great sympathy for these parents. I also understand that anger is part of the grieving process.
But unless we want government controlling every aspect of our lives, we do need to be aware that random acts of nature will occur. Not everyone who swam in that lake became ill & died. I don't want to make the government responsible for everything that happens to me. That would seem to encourage a victim mentality and I think we have plenty enough of that already. And too much litigiousness. Someone dies? Sue the government. And on and on. Accidents of nature occur. And will keep on occurring. As individuals, we need to take responsibility and respect nature. I cannot see me or my husband suing over something like this..as bad as I feel for these folks. They deserve our support, absolutely. But money isn't going to bring their child back to life. So, what's the point?

Reply

Nancy Tomlinson

2:52 pm on Wednesday, December 19, 2012

Also, if the state has to post about the dangers of this lake, then they will have to do it about every lake. And post signs about the dangers of skating on ice rinks because of possible head injuries causing death. And let's not forget school playgrounds, because kids can get deathly head injuries there, too. Also, every 10 feet along all highways for the same reason.
It just doesn't end around one small lake. Nature is everywhere. And so is the possibility of death. It's part of life.

Reply

Veronica

8:35 am on Thursday, December 20, 2012

While I do not agree with suing....I do feel that there should have been some warnings put out there....whether via radio, newspaper, signs, etc...We all know the hazards of skating on ice and playing in playgrounds...etc...but I dont think a lot of people know about this particular type of hazard...Doesnt hurt to get information out there...no reason to keep people in the dark about a potential hazard in lakes that could cause death. I do not think everyone knows about this. Now that I am aware of it...I would take better precautions....just like you wear a seat belt, or a helmet when bike or motorcycle riding....you could choose to NOT swim in the lake or use noseplugs, etc.

Reply

Mother & Stillwater resident

9:51 am on Thursday, December 20, 2012

I think these folks have every right to sue state and local government. What's some of you are forgetting is there was already a little girl that died in this lake for the same reason in 2010. This lake should have been monitored and posted if levels got dangerous. This lake should continue to be monitored or just plain closed all together for swimming. The 2010 case is precedent and should never have happened again. These parents are doing us all a favor and by holding the city/cty responsible it may save your child from being a 3rd victim.

Reply

Chadwick

10:02 am on Thursday, December 20, 2012

The lake has now been closed. How does this help any of us unless you consider a smaller savings account a good thing?

Reply
Comment_arrow

Mother & Stillwater resident

10:36 am on Thursday, December 20, 2012

it has NOT been permenantly closed Chadwick. What's more important to you-your savings account or your childs life (if you have one)?

Comment_arrow

Chadwick

10:51 am on Thursday, December 20, 2012

You do realize that if we lose this case then we will have to take away from other public services. It may even end up meaning a cop is laid off. How much will that affect this city? Or maybe we can't plow roads and put salt and gravel down as often. Then someone slips and cracks their head. You might want to look at the big picture once in a while. Plain and simple this lawsuit will not benefit anyone except the parents and the lawyer and it won't eliminate the pain from losing a child. There is risk everywhere in the world. The govt can't protect you from everything.

Randy Marsh

11:51 am on Thursday, December 20, 2012

So who is going to pay for the bubble that all children now need to live in to guarantee nothing bad will ever happen to anyone, anywhere? Do we honestly need permanent signs to frighten people about an issue that only occurs a fraction of the time when certain conditions conspire for this amoeba to exist? It is this family, not the city, county or state, that should be ashamed of themselves.

Reply
Comment_arrow

Rachael

1:25 pm on Thursday, December 20, 2012

Wow. Kind of heartless, don't ya think? For you to say that the parents that lost their child, should be ashamed of themselves, is outrageous and rude! I can not believe I just read that!! And for someone to agree with you, is even worse! I would highly doubt that these parents want their children or anyone else's to live in a government-run, padded bubble so that nothing bad happens to them. But if the City of Stillwater knew about the previous death and knew that there were pre-existing problems with a deadly amoeba in that lake, then Yes- they should have to take some responsibility. There should have been warnings. For the love of Pete- there is a sign at EVERY MN lake warning about boaters spreading zebra mussels, etc- but they can't put up a warning at a swim area, warning people about an organism that can kill them?

Comment_arrow

Nancy Tomlinson

1:47 pm on Thursday, December 20, 2012

Wait a minute, Blondie...I didn't read all the way thru and see the comment that the parents should be ashamed of themselves. That, I do not agree with. And I probably shouldn't be speaking for Randy, but perhaps he means not that they should be ashamed of the death of their child, but of their lawsuit. It can be seen as an attempt to capitalize on the death of their child. I'm not saying I see it that way, just that some might. The only ones who benefit from a lawsuit, really, are the lawyers. Lawsuits are hard on everyone, suers and su-ees. If these parents go forward and this goes to court, believe me, they will be hurt in ways they never dreamed of. And I don't think a family which has lost a child needs to be hurt anymore by anything. What good is money going to do them now? I feel terribly sorry for this family. There is nothing worse than having a child die before his/her time. I came from a family in which this happened. It's devastating. But a lawsuit is not the answer. Time and therapy is about the only thing that help overcome a loss like this. A lawsuit is merely going to prolong the whole grieving process. When my little brother was dying of cancer, there were true medical mistakes. But, we did not once think of bringing suit. Sometimes your number is just up.

Comment_arrow

Rachael

1:54 pm on Thursday, December 20, 2012

I agree that sometimes lawsuits are not the way to go- I lost my oldest daughter 9 years ago to medical malpractice,- I didn't sue just because its not going to bring my baby back. However- if these parent's lawsuit brings awareness to the situation- then I am sure that it will do some good... Like it or not- that child would possibly be alive today, had the city posted warnings at that lake.

Nancy Tomlinson

12:02 pm on Thursday, December 20, 2012

I agree, Randy. Bad things happen to good people. That just the way it is. Put up all the signs you want. People are still going to swim in that lake. And kids are still going to get ill and perhaps, die. I loathe seeing this. It makes my heart hurt. But we cannot protect everyone from everything. And no amount of money to going to bring back the dead.

Reply

T

2:57 pm on Thursday, December 20, 2012

The truth of the matter is that a child died from something that is statistically very, very rare. To have two children impacted from the same lake, even more so, but that doesn't mean the lake is any more 'infected' than any other. It's the only two cases ever reported in Minnesota, although the amoeba can be presumed to be in all lakes. From 2002-2011, 32 people, nationwide, have been impacted by this. Compare that to all the various things that could happen on any day, and you'll realize how indeed rare this is... More people die in the US from a lightning strike, per year, than this amoeba in 10 years. On their fact sheet, the CDC (http://www.cdc.gov/parasites/naegleria/general.html) indicates posting signs is not likely a good way to prevent infection, and they actually point out that it can produce an unsafe assumption that if you DON'T see a sign at a lake or waterway, that you're OK.
I think we just all need to be pragmatic and realistic about what 'cautions in life' we need to be mindful of, and recognize that this was a very unfortunate, but rare, natural accident, for which no blame nor recompense can be assessed.

Reply

Nancy Tomlinson

3:01 pm on Thursday, December 20, 2012

It's not a matter of liking it or not. I just do not believe that our cities or our governments are responsible for every little thing that can possibly go wrong and harm us. To hold them to such a high standard is an impossibility. It's these kinds of things that are raising prices and making life much more expensive and regulated that it need be. People need to use some common sense in their activities. And please don't take that as me blaming these poor parents because I don't. I'm just saying that as a parent myself, I would not ever allow my child to swim in any of these waters. Because one never knows. But had my child been with friends who went swimming there, gotten sick and died, I doubt I would have ended up suing anyone. The whole thing is repugnant to me. There is so little of people taking personal responsibility in this country anymore. Always looking for someone to blame when something goes wrong. Well, sometimes things do just go wrong. That's the way it is. Signs or no signs. I am a fatalist. If this poor child had not died of this infection, he may have perished some other way. It isn't fair and it isn't right. It just is.
And I'm terribly sorry about the loss of you daughter. No mother should ever have to go through that and I deeply mourn with you. The best to you these holidays.

Reply
Comment_arrow

Rachael

3:10 pm on Thursday, December 20, 2012

Thank you-- the holidays are a hard time for any parent that loses a child. I understand your point. I really do. Some people are just going to deal with loss in different ways. Every person copes with loss differently- and if this is part of their grieving process, we can't shun them or shame them for doing what they see fit. Its in no way going to bring that little boy home, but it might give them peace of mind and closure. I don't know their reasoning behind the lawsuit- or the details. I assume its for a wrongful death lawsuit. But in any case- I pray for them and empathize with them. Losing a child is the worst thing in the world to go through. Especially when it is preventable. I agree- there aren't many waters in this area that I will let my kids swim in- but that doesn't mean that other caregivers have those rules- I can't control every aspect of their life... Although I would love to so that I could protect them and keep them safe- I can't. My thoughts and prayers go out to this family in this Holiday season. They will find comfort in time.

Comment_arrow

T

3:33 pm on Thursday, December 20, 2012

I agree with you 100% Nancy. There are just some things out of our own control... And it's not only common sense in a person's activities, but a recognition of what is reasonable and acceptable. Like you say, we're always looking for someone to blame. And here's a case where, honestly, there is NOBODY to blame. Not within a scope of reason, at least. Not the city, and not the parents. Somethings things just happen.
Our insurance companies protect themselves with that mysterious "acts of God" clause. Independent of one's beliefs, that's sort of what we have here.

Nancy Tomlinson

1:00 am on Friday, December 21, 2012

This is in response to Blondie's post regarding how different people deal with loss in different ways. That exact thought went through my mind as I thought about this case. And as I thought about it, it made me even sadder for the parents because by doing this (the lawsuit,) they will be dragging out the agony of losing their child for as long as the lawsuit goes on. And that could be years. Years during which they otherwise could be moving ahead with their lives. I don't know whether they have other children, but having been one of the children 'left behind' myself, I can say that even without one's parents embroiled in legalities, it is a very difficult time for the remaining, living children. So many feelings of "It should have been me." "They wouldn't be so sad if I had died instead of _____" Feelings like that, & others. All of it is hell.
And I agree with the anonymous poster who spoke of how statistically rare this was and how many things and events are simply out of our control.
For me, the long & the short of it is, it is just best for my heart to let it go...let it be...just let it be what it is. Accept it and move on. After my brother died, my mother said "I'm so glad we had him for the time we did. I wouldn't have missed him for the world." And I feel exactly the same way.

Reply

yomammy

5:53 am on Friday, December 21, 2012

looking forward to being 20 miles deep into the BWCA and to see those comforting, reflective signs....
...they better post a sign below it saying "this sign has sharp edges...."

Just this year I watched ours (and other) kids playing in the muck at a lake. I even thought of this story. It was warm out, and they were chucking mud and splashing water on each other. I let them play anyway, they were having fun, like kids do. we cant protect them from everthing that could possible ever happen (ever seen "Finding Nemo"? Nature does what nature does.

Reply

Leave a comment