Marler Clark Files First Case in National Cyclospora Outbreak

OURAY, Colo. — The Cyclospora attorneys at Marler Clark have filed the first lawsuit in a nationwide Cyclospora outbreak that has sickened 210 individuals in 22 states.

The lawsuit was filed on behalf of Walter Wilson against Tacos del GNAR in the District Court of Ouray County, Colorado. Wilson is represented by Seattle-based food safety law firmMarler Clark and local counsel Montgomery, Little & Soran, PC.

On May 17, Wilson, a resident of Grand Junction, Colo., purchased and consumed a GNAR salad with ahi tuna from the Taco Del GNAR restaurant at 630 Sherman St., Ridgeway, Colo. Ten days later, he began to suffer from violent diarrhea, fatigue, weakness, weight loss and loss of appetite, reports Marler Clark. Following several days of increasingly intense symptoms, Wilson drove himself to the emergency department for an evaluation. On June 3, a test revealed that he was positive for Cyclospora, a parasite associated with eating fresh fruits and vegetables. Antibiotics were prescribed and after several days, he began to have some relief from his symptoms.

According to the Colorado Department of Health, at least 60 cases have been linked to Tacos del GNAR.

“Cyclospora outbreaks in the past were caused by imported fruits or vegetables; however, in the last several years, many of the outbreaks have been caused by U.S.-grown products,” said Bill Marler of Marler Clark. "Growers, processors and the FDA need to do much more to protect consumers from the nasty parasite.”

As of June 26, a total of 210 laboratory confirmed cases of cyclosporiasis have been reported in 22 states, according to the CDC. Illness onset dates range from April 1 to June 9.

Thirty people have been hospitalized; no deaths have been reported. The true number of illnesses is likely higher, reports the law firm, as people often recover without medical care and are not tested for Cyclospora.

Twenty cases were reported in Georgia and Alabama and were positively linked to raw broccoli. However, broccoli was not a food ill people in other states consumed. Therefore, no specific food items have been identified yet as a source of the other illnesses, says the CDC.

States reporting Cyclospora cases include Arizona, Alabama, California, Colorado, Connecticut, Florida, Georgia, Illinois, Maryland, Minnesota, Michigan, Nebraska, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia and Wyoming.

For more information on what to know during a Cyclospora outbreak, read Marler’s blog here.