May 29, 2024

Attorneys File Second Lawsuit in Cyclospora Outbreak Linked to Del Monte Vegetable Trays Sold at Kwik Trip; More Will Sue

Attorneys at Pritzker Hageman have filed a second lawsuit in the multistate cyclospora outbreak that is linked to recalled Del Monte Vegetable Trays sold at Kwik Trip stores in Minnesota and Wisconsin. This suit was filed in the State of Wisconsin Circuit Court in Eau Claire County.

Cyclospora Lawsuit Del Monte Vegetable Tray Kwik Trip

Their client lives in Eau Clare County, Wisconsin. The defendants are Del Monte Fresh Product, Inc., and Kwik Trip. Their client bought multiple Del Monte Vegetable Trays at a Kwik Trip in Eau Claire from May 14 through May 29, 2018. On May 30, 2018, she began suffering nausea and stomach pain. The next day, she suffered vomiting and diarrhea, which was debilitating.

She visited her doctor on June 8, 2018. A stool sample yielded a positive test for Cyclospora the next day. She was prescribed an antibiotic to treat this illness, but is still suffering from symptoms and fatigue. She incurred medical expenses and lost wages.

The suit says that Del Monte produced an adverted product and became “defective and unreasonable dangerous for its ordinary and expected use due to its contamination with Cyclospora, a pathogen.” Del Monte owes a duty to use reasonable care when it manufactures, produces, and sells its food product. This outbreak has sickened 11 people in Wisconsin and 4 in Minnesota so far.

Attorney Fred Pritzker

You can contact food safety attorney Fred Pritzker for help by calling 1-888-377-8900 or 612-338-0202.

Food safety attorney Fred Pritzker  of the Minneapolis law firm Pritzker Hageman, who is representing clients sickened in this outbreak, said, “We expect that this outbreak will grow. It’s a shame that so. many people were sickened just because they bought a healthy food to eat.”

Cyclospora is a one celled parasite that is usually found in third world and developing countries. It is deposited onto produce through contaminated irrigation water, or if human waste is used as fertilizer. Previous outbreaks have been linked to more seasonal produce, such as cilantro, raspberries, and mesclun lettuce.

The parasite is difficult to remove when it gets onto fruits and vegetables. The only way to destroy it is through heat or extended freezing. Ready to eat produce is therefore vulnerable to this parasite.

The symptoms of cyclosporiasis include watery and explosive diarrhea that is uncontrollable, nausea, vomiting, lethargy, and stomach and abdominal cramps. While antibiotics can treat this infection, they are sulfa based. That means that anyone allergic to sulfa drugs has few options for treatment. If you ate Del Monte Vegetable Trays sold at Kwik Trip stores in those two state and have been ill, see your doctor.

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