Over 400 cases of Cyclospora infection have been reported since late June.
Here’s what you need to know about this
food poisoning story.
The Cyclospora Outbreak: Severity, Causes, and Consequences
A parasite called Cyclospora cayetanensis is extremely rare in the United
States though it has been known to cause severe nausea, fatigue, and “traveler’s
diarrhea” in people who travel abroad. However, as Business Insider
reports of the infection have been popping up in many states including Texas. At least 466 people have been infected this summer, and 27 have been
While these numbers seem low, they are actually quite alarming considering
that the infection is usually much rarer in the U.S. and almost always
contracted while traveling abroad. The FDA was able to link at least some
of the Iowa and Nebraska cases to a tainted salad mix supplied by Taylor
Farms to Olive Garden and Red Lobster restaurants in those states, but
it remains unclear how closely connected the cases from other states may be.
A food safety advocate and foodborne illness attorney quoted in the Business
Insider article noted that it is highly likely that the rare outbreak
will be traced to a single product and/or manufacturer, yet it is worth
noting that the supply chains of salad and other food items are very complex
which make them difficult to reverse engineer. Nevertheless, an Orlando
Sentinel article is reporting that
an infected Texas woman decided to file suit against Darden Corporation
which owns Olive Garden, Red Lobster, and other restaurant chains.
Suzanne Matteis’ Darden Food Poisoning Lawsuit
Let’s have a quick look at how the Dallas woman’s legal claim
will have to work. Food poisoning lawsuits are basically
defective product liability cases that allow consumers to hold manufacturers responsible for any injuries
or deaths they suffer after using the manufacturers’ product. Consumers
can seek a recovery that covers medical expenses, lost income, pain and
suffering, and emotional distress.
There are a number of legal theories that can come into play during a food
poisoning lawsuit like negligence, breach of warranty, misrepresentation,
product liability– all of these are strong legal tools meant to protect the victims
of product liability. Even so, Matteis’ case may run into some serious trouble.
A food poisoning lawsuit must do three things: (1) the victim must prove
that her food was contaminated, (2) the victim must prove that the foodborne
contamination caused her illness, (3) and the victim must hold the right
party accountable. According to the Orlando Sentinel, Matteis tested positive
for the illness after suffering nausea, fatigue, and diarrhea just dayss
after eating at a Texas Olive Garden.
However, she still has to prove beyond doubt that it was the Olive Garden
meal that caused her illness – this will be difficult because Darden
says its does not use Taylor Farms in its Texas restaurants. Even if health
officials identify the tainted food source in Texas as they have done
in Iowa and Nebraska, Matteis will probably have a pretty small recovery
because she only suffered pretty mild medical issues.
Texas Food Poisoning and Product Liability Attorney
If you need help pursuing your own food poisoning lawsuit, or any other
type of defective product case, consult with our highly experienced product
liability attorneys to learn how we can help you win the compensation
you may deserve. The Kyle Law Firm offers completely free, no-strings-attached
consultations for all product liability cases and operates on a contingency
fee basis –
contact us online to schedule a free initial consultation today.