First Illinois lawsuit linked to Cyclospora outbreak filed by Chicago librarian
A Chicago librarian who was sicked after eating Taco Bell have filed apparently the first Illinois lawsuit linked to the Cyclospora outbreak, federal officials announced Thursday morning.
Alonso Zaragoza and Jadhira Sanchez, husband and wife, of Chicago, sued Taylor Fresh Foods, Inc. and Taylor Farms California, Inc. alleging that the shredded iceberg lettuce those companies grew, processed and distributed carried Cyclospora cayetanensis.
Sanchez did not get sick.
The complaint, filed Aug. 21, includes counts of strict product liability, breach of express and implied warranty, negligence, and loss of consortium against each company, according to a statement from Marler Clark, a law firm representing the plaintiffs.
The complaint notes that on July 11, Zaragoza ordered a Chalupa Supreme box meal at a Northwest Side Taco Bell that contained fresh shredded iceberg lettuce and after eating it, he felt symptoms related to Cyclospora that increased in severity over the span of several days.
On July 15, Zaragoza, a librarian, went to the emergency room at Northwestern Memorial Hospital for intravenous fluids and was discharged the next afternoon, according to the statement.
The Food and Drug Administration announced its investigation of shredded iceberg lettuce served at Taco Bell the day Zaragoza was discharged and named Taylor Farms de Mexico the day after, the law firm said.
But Zaragoza wasn’t tested for a parasite until his third clinic visit on July 26 and the positive test result came back Aug. 4, according to the complaint.
“Alonso Zaragoza did everything a person is supposed to do,” his attorneys said in the statement. “He worked until he could not stand up, went to an emergency room, went back for care twice more, and it was still August 4 before anybody could tell him what he had.”
Sanchez is suing for losses related to how the Cyclospora impacted Zaragoza, including a lack of sleep for the first five days of his symptoms, an altered, nearly all-liquid household diet to accomodate Zaragoza’s needs and time away from work and personal obligations to care for him.
Cyclosporiasis is an intestinal illness caused by the microscopic parasite cyclospora. Infection often comes after eating fresh fruits and vegetables and can lead to watery diarrhea, stomach cramps, gas and nausea.
Taylor Fresh Foods, a California-based farm and food company, on July 17 voluntarily recalled iceberg salad and shredded lettuce products distributed in 27 states, including Illinois.
The voluntary recall came after the CDC identified shredded lettuce served at Taco Bell locations in Indiana, Michigan, Kentucky, Ohio and West Virginia as a source of widespread outbreaks in those states. Taco Bell removed the affected lettuce from its supply chain across the country and planned to replace it in select states, the company previously said.