September 20, 2019

Cyclospora Lawsuit Roundup – Iowa and Nebraska

Several lawsuits have been filed on behalf of victims of the Cyclospora outbreak that has sickened over 600 people in 22 states. The cases in Iowa and Nebraska are linked to lettuce salad served at Olive Garden and Red Lobster restaurants that was supplied by Taylor Farms de Mexico, according to the CDC.

cyclospora-outbreak-384Below is a roundup of the Iowa and Nebraska lawsuits filed to date.

Iowa Cyclospora Lawsuits

At least 2 Cyclospora lawsuits have been filed in Iowa, both in the United Stated District Court for the District of Northern Iowa. The defendants (companies sued) in both Iowa lawsuits are Darden Corporation, the owner of Olive Garden, Red Lobster and other restaurants, and Taylor Fresh Foods, the owner of Taylor Farms de Mexico.

One Iowa plaintiff (person who is suing) ate at the Olive Garden restaurant located at 4930 Sergeant Road, Sioux City, Iowa on June 10, 2013. By June 16, she began experiencing symptoms of a Cyclospora infection (cyclosporiasis) malaise, fatigue and cramping.  A day later she had frequent, uncontrollable diarrhea. At her first visit to the doctor on June 19, she was undiagnosed. According to the CDC, cyclosporiasis is hard to diagnose because it is uncommon in the United States and people infected with the parasite may not shed enough Cyclospora oocysts in their stool to be readily detectable by a laboratory. She was not diagnosed until July 1, 2013, and was then prescribed Bactrim to treat her infection.

The other Iowa plaintiff ate at the Olive Garden restaurant located at 367 Collins Rd NE,  Cedar Rapids, Iowa on or about June 5, 2013.  The lawsuit alleges that on June 12, 2013, she had cyclosporiasis symptoms, including diarrhea, fatigue and cramping.  She sought medical treatment that day. It was not until July 6, 2013, that a stool sample was taken from her to testing for Cyclospora. She was diagnosed with cyclosporiasis three days later and prescribed Bactrim to treat her infection.

“Pritzker Olsen filed the first lawsuits in the United States against Darden and Taylor Farms nearly a month ago and represent approximately 50 other people sickened with Cyclospora,” said Ryan Osterholm, an attorney with Pritzker Hageman law firm.   “We are actively seeking answers from Taylor Farms and Darden about where the contaminated product went, and how many cases are related to these Defendants.  We intend to take these cases to trial if need be to obtain this information.  The public is at least owed this much.”

Nebraska Cyclospora Lawsuits

Two  Cyclospora lawsuits have been filed in Nebraska. The plaintiffs in both cases ate lettuce salad at the Olive Garden restaurant located at 90 Gateway Mall in Lincoln, Nebraska, in June of this year. The lawsuits were filed in Lancaster County District Court against Olive Garden, Darden Corporation and Taylor Fresh Foods, Inc. Shortly after eating at Olive Garden, all of the plaintiffs began experiencing symptoms consistent with Cyclospora food poisoning, including nausea, persistent diarrhea, fever, headaches and dehydration, abdominal cramping and stomach pain, muscle pain, severe bloating and gas, persistent fatigue, and loss of appetite, according to the complaint.

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