On July 16, health officials linked shredded lettuce sold at US-based Taco Bell restaurants to the cyclosporiasis outbreak.
Within hours, the lawsuits began.
At least four lawsuits have been filed so far in state and federal courts, as cases linked to the microscopic parasite continue to spread across multiple states.
Taylor Farms, a supplier of Taco Bell, said last week it was recalling its iceberg lettuce sourced from Mexico. Health officials are still investigating the outbreak, meaning other affected products or sources could still emerge.
Food safety lawyers told Business Insider that while more individual lawsuits could be on the way, there likely won’t be a class-action suit because the resulting injuries vary widely from person to person.
The cyclospora lawsuits
Residents in Ohio and Michigan, two states hit hardest by the outbreak, kicked off the legal action.
An Ohio man filed the first lawsuit against Pacific Bells, one of the largest Taco Bell franchises in the country, in a federal court on July 16. The complaint says the man ate two meals at a North Olmsted Taco Bell on June 14 and a third at the same location on June 21, and began to fall ill about a week later.
The lawsuit said the man developed diarrhea and began vomiting on June 24. He sought medical attention on July 3 and, after providing a stool sample for testing, learned he had contracted cyclosporiasis.
The complaint says the man’s sickness, in addition to symptoms, forced him to miss two weeks of work and lose income.
Then, on July 17, a second lawsuit related to the cyclosporiasis outbreak was filed by an Ohio woman. Her complaint named Taco Bell America and its suppliers, Taylor Farms California and Taylor Fresh Foods. The woman’s lawsuit said she ate food sold from Taco Bell on June 3, June 15, and June 24.
“As a direct and proximate result of her Cyclospora infection, Plaintiff suffered physical illness, pain, and suffering, a diminished working capacity, and other injuries. Plaintiff’s recovery is ongoing,” the lawsuit said.
The plaintiffs in both lawsuits are represented by Marler Clark, a law firm specializing in food safety law, and by Alexander Darr of Darr Law.
A married Michigan couple filed a third lawsuit on July 17. The couple, represented by OFT Law Food Safety & Injury Lawyers, named Taco Bell Corp, Taco Bell America, and Taylor Fresh Foods as defendants.
The lawsuit said the couple fell sick after they “consumed shredded iceberg lettuce” at a Taco Bell in Durand, Michigan, on June 30.
“Plaintiffs were forced to endure great pain, suffering, and inconvenience and may endure the same in the future,” the lawsuit said.
A fourth lawsuit against Taylor Fresh Foods and Charter Foods, a Taco Bell franchisee, was also filed on July 17. The lawsuit said the man purchased food on June 18 and June 20 from a Taco Bell in Youngstown and fell sick a few days later.
He is represented by Ron Simon & Associates, a food safety law firm.
Recalls and Responses
In a statement, Taco Bell Corp. said the company had removed the affected Taylor Farms lettuce from its restaurants.
“Based on ongoing conversations with public health officials, and out of an abundance of caution, Taco Bell worked swiftly to voluntarily remove the product from restaurants and the affected ingredient has been removed from our supply chain nationwide,” the company said.
Taco Bell Corp. said public health is a “shared responsibility among restaurants, their suppliers, and authorities, and we are proud to have consistently acted quickly and proactively to protect our guests.”
Taylor Farms said last week it was “voluntarily removing” all its Mexico-sourced iceberg lettuce from the US market.
Cyclosporiasis, spread through contaminated food and water, can cause diarrhea, nausea, abdominal pain, and other symptoms. The Centers for Disease Control and Prevention said it has received reports of 1,645 confirmed domestic cyclosporiasis cases in the US since May 1, and is aware of over 5,100 cases that need further analysis. The outbreak has reached 34 states so far.
Read the full article here
