Lawyers at Pritzker Hageman have filed the first cyclospora lawsuit against Del Monte Fresh Product on June 12, 2018. The lawsuit was filed in the United States District Court for the District of Minnesota.
A cyclospora outbreak that has sickened 14 people in Minnesota and Wisconsin was announced by the Wisconsin Department of Health Services on June 8, 2018. Four case patients live in Minnesota; eleven live in Wisconsin.
The outbreak announcement stated that Del Monte Vegetable Trays sold at Kwik Trip locations in the two states were being recalled and that they “pose a potential health risk.” All of the patients identified in this outbreak stated they purchased those products before getting sick. Public health officials believe that this outbreak will continue to grow.
Producers of food in the United States have a duty to produce food that is free of pathogens that can make people sick. They must comply with the requirements of the Federal Food, Drug, and Cosmetics Act and the Food Codes of various states. The cyclospora lawsuit alleges that the produce that sickened their plaintiff was defective.
The plaintiff bought a Del Monte Vegetable Tray at the Kwik Trip in St. Charles, Minnesota on May 26, 2018 and ate it for lunch. On June 1, 2018, the plaintiff began to suffer from fatigue, cramping, and severe diarrhea. She sought treatment four days later. She is still ill and cannot return to work.
Cyclospora is a one celled parasite that is commonly found in developing countries. Unfortunately, there have been cyclospora outbreaks every year in the United States. These outbreaks usually occur when produce is exposed to fecal matter. Other outbreaks have been linked to everything from snow peas to mesclun to cilantro.
The symptoms of a Cyclospora infection include diarrhea that is explosive and watery, abdominal cramps, loss of appetite, weight loss, stomach cramps, nausea, fatigue, and increased cramps. Anyone who has eaten a Del Monte Vegetable tray and is experiencing these symptoms should see a doctor.
