Cyclospora Outbreak at Restaurants Leads to Personal Injury Lawsuits
Two people have filed personal injury lawsuits against Darden Corporation and Taylor Fresh Foods, Inc for contracting cyclospora after eating at Olive Gardens in Iowa. The two plaintiffs are seeking damages for mental and physical injuries caused by the disease.
The two federal lawsuits hit court records days after the FDA announced that cyclospora-laden salad mix was sold at Olive Garden and Red Lobster. The FDA said that the salad mixes originated out of Taylor Farms de Mexico, which supplied salad mixes to Iowa and Nebraska.
The personal injury lawsuits also allege that Darden Corporation, which owns both Olive Garden and Red Lobster, along with Taylor Fresh Foods, Inc, failed to comply with state and federal regulations which are intended to ensure the safety of food products.
The first personal injury suit is from Kelly Kunc, of Hiawatha, IA, who says that she ate at an Olive Garden on June 5th, and subsequently began suffering diarrhea, fatigue, and cramping. She went to Mercy Medical Center in Cedar Rapids, although she suffered symptoms of cyclospora infection for the next week, requiring three more trips to the emergency room. Finally, a stool sample was taken on July 6th, and Kunc was diagnosed with cyclospora infection and given Bactrim to treat the disease on July 9th. Her personal injury suit claims that she is still suffering symptoms of the infection almost two months later.
Kunc’s personal injury lawsuit claims that both companies were negligent, and had a duty to use ingredients that were clean and safe to eat. Instead, they sold a defective product. Kunc also seeks compensation for her medical expenses, which she is still incurring.
The second lawsuit, from Joyce Nendza of Nebraska, states that after she ate at a local Olive Garden, she contracted cyclospora and began suffering from the infection on June 17th. She sought medical treatment two days later, but was not diagnosed until July 1st. She also continues to incur medical bills because of her infection, although she is receiving treatment.
The Iowa Department of Public Health has determined that the contaminated lettuce is now out of circulation.
Darden issued a statement saying, “Nothing we have seen prior to this announcement gave us any reason to be concerned about the products we”ve received from this supplier. Iowa and Nebraska health authorities have said this is not an ongoing outbreak and the product is no longer in the food supply in those states. The health and safety of our guests is our top priority, and it is completely safe to eat in our restaurants.”
A statement from Taylor Farms said, “The Mexico facility is state of the art and has an exceptional food safety record including an exceptional facility audit in 2011 by the FDA. The company is also working with the FDA on an environmental facility assessment of Taylor Farms de Mexico and is cooperating with the FDA in their ongoing investigation.”
The Strom Law Firm Can Help with Personal Injury Suits, Including from the Cyclospora Outbreak
The attorneys at the Strom Law Firm keep a close watch on recalls of dangerous and defective products in the US. We aim to protect our clients’ health and safety, and hold manufacturers to the highest possible standard of safety. Product recalls are especially important because defective drugs, medical devices, food, and toys can seriously injure or even kill consumers. If you or a loved one have experienced severe, life-limiting side effects from a , such as foods involved in the cyclospora outbreak, you may be entitled to compensation in a personal injury case. The Strom Law Firm can help. We offer free, confidential consultations to discuss the facts of your case, so contact us today. 803.252.4800
