Two people sickened by a diarrhea-causing parasite have filed a lawsuit against Taylor Fresh Foods Inc., Mex Luna Produce Co., and a Texas Mexican restaurant alleging the companies negligently imported, manufactured, distributed and marketed contaminated salad ingredients and failed to warn consumers of the danger.
Kennon Smith and Lyndsay Smith filed the complaint in Texas state court. The plaintiffs claim they lead physically active and healthy lives but were floored with gastrointestinal distress after eating tamales and tacos with salad and other produce at Bob’s Taco Station in Rosenberg, Texas. They suffered from nausea, persistent diarrhea, fever, headaches, dehydration, abdominal cramping, stomach pains, muscle pain, severe bloating, gas, persistent fatigue, and loss of appetite – all symptoms consistent with cyclospora poisoning. The Smiths were ill for almost a week before contacting their doctor for medication. When their symptoms did not improve they were treated at a medical clinic.
When the Smiths were still ill after several weeks, and Kennon began to worry about all the work he had to miss because of the sickness, they sought further medical attention where Kennon tested positive for cyclospora. Lyndsay was also treated as a probable cyclospora victim. Both were given antibiotics and were listed among the people in Texas who fell ill after consuming contaminated produce distributed to various restaurants.
More than 600 people in 22 states have become sickened after eating salad and salad mix components distributed by Taylor Fresh Foods to restaurants such as Red Lobster and Olive Garden.
The Smith’s lawsuit alleges that the companies failed to give adequate warnings about the dangers their produce posed and failed to give instructions on how to avoid the risks.