Pubdate: Thu, 30 Jun 2005 Source: Daily Herald (IL) Copyright: 2005 The Daily Herald Company Contact: http://www.dailyherald.com/ Details: http://www.mapinc.org/media/107 Author: Christy Gutowski Bookmark: http://www.mapinc.org/coke.htm (Cocaine) Bookmark: http://www.mapinc.org/mdma.htm (Ecstasy) SETTLEMENT REACHED IN DRUG DEATH Partial Award To Be At Least $200,000 More than five years ago, 18-year-old Sara Aeschlimann of Naperville died of an overdose on Mother's Day after taking what she thought was a popular club drug. Her friend, Garrett Harth, who was convicted of supplying the drugs, is serving out the remaining days of his prison sentence. Jan and Robert Aeschlimann sued Harth and his parents because it was in their home that Sara fell ill. She died hours later in a hospital. A partial settlement in the lawsuit will be made public today in DuPage County Judge Stephen Culliton's courtroom. The girl's parents will be awarded at least an estimated $200,000, all of which is covered by the Harths' homeowners insurance policy. The policy is capped at $300,000. The award releases Garrett Harth and his parents, Gary and Fran, from further liability in the case. But the Aeschlimanns' landmark suit also targets other alleged drug dealers identified by police on suspicion they sold club drugs in the area when Sara died. It is based on a rarely used 1996 law that allows victims to hold dealers accountable for injuries as manufacturers who produce defective products. All of the other defendants have been dismissed except a 22-year-old Naperville man, who hasn't shown up for myriad court dates. Brian S. Starck is accused by Garrett Harth of selling him the drugs that led to Sara's death. Starck still could be held liable for millions. For example, the family of a 17-year-old McHenry man who died days after Sara in a similar overdose death won a $16 million judgment last year against the people who sold him drugs. Awards such as these are largely symbolic, because many of the defendants were incarcerated. Still, Jan Aeschlimann said her intent was more about sending a message than receiving money. "I think about my daughter every single day every single day," she said, fighting back tears. "I think about how she passed. Those five hours (in the hospital) were the hardest of my life. "Money was never why we brought the case. It was about accountability. We wanted them to be held accountable. We want kids to know they are accountable when they sell drugs, buy drugs or use drugs. They need to know what can happen." Sara had thought she was taking Ecstasy, a popular club drug. The pills turned out to be the toxic lookalike drug PMA, which, in the following weeks, also caused the untimely deaths of the McHenry teen and another in Lisle. Attorney John Kreamer, who filed the Aeschlimann suit, also won the $16 million judgment in the McHenry teen's case. He said they still are working on collecting the award. Garrett Harth, 26, is expected to be paroled Jan. 27 after serving less than six years of a 15-year prison term. He was sentenced to five years for Sara's case. Harth received a separate 15-year term, to be served concurrently, in an unrelated conviction for selling cocaine to two police informants. Harth also had faced involuntary manslaughter charges after a jailhouse informant told prosecutors he admitted secretly crushing more pills into Sara's water to coax her into sex -- a charge Harth adamantly denied. The allegation was eventually dropped. Officials said Harth has obtained a horticulture degree in prison and plans to join his parents in Arizona, where they now live, upon his release from prison. - --- MAP posted-by: Beth