Lawsuit filed in Texas stemming from multi-state cyclospora outbreak linked to packaged salad product; health officials have confirmed nearly 300 victims statewide thus far

Nevin Barich

HOUSTON , August 21, 2013 (press release) – Houston-based national food safety lawyer Ron Simon has filed the first lawsuit in Texas stemming from a multi-state Cyclospora outbreak linked to leafy greens produced in and imported from Mexico by Taylor Farms. Health officials have already confirmed nearly 300 victims statewide.

The lawsuit was filed in Harris County, Texas on behalf of Kennon and Lyndsay Smith against Bob's Taco Station, Taylor Farms, and Max Luna Produce. A copy of the file-stamped lawsuit is available upon request.

The Smiths, who lead physically active and healthy lives, consumed tamales and tacos with lettuce and cilantro at Bob's Taco Station in Rosenberg, Texas on July 6, 2013. Shortly thereafter, they began experiencing symptoms consistent with Cyclospora poisoning, including nausea, persistent diarrhea, fever, headaches and dehydration, abdominal cramping and stomach pain, muscle pain, severe bloating and gas, persistent fatigue, and loss of appetite.

The Smiths endured their illnesses for nearly one week, believing they were suffering from some form of food poisoning that would resolve within a matter of days. But when their symptoms did not improve, they called on a family physician to prescribe medication. Even after taking the prescribed antibiotics, the symptoms did not subside. They again sought medical attention at a local clinic and were treated with additional medication.

By late July, the Smiths became very concerned because their symptoms still had not resolved and Kennon had lost significant amounts of time from work. Kennon again sought medical treatment which included a stool test. Those test results later confirmed that Kennon had tested positive for the Cyclospora parasite. As a result, Lyndsay was also treated for Cyclospora poisoning. The Smiths were contacted by the health officials from Fort Bend County and recorded as a part of the Texas Cyclospora outbreak.

The Smiths are among nearly 600 victims in 20 states who have been recently sickened with Cyclospora according to the CDC.
http://www.cdc.gov/parasites/cyclosporiasis/outbreaks/investigation-2013.html

According to the CDC website, Cyclospora is a parasite that is commonly spread by ingestion of food or water contaminated with feces. http://www.cdc.gov/parasites/cyclosporiasis/gen_info/faqs.html

Ron Simon, counsel for the Smiths, issued the following statement: "Both Kennon and Lyndsay had a right to eat food free from human or animal feces. We have filed this lawsuit to discover how their food became contaminated and to prevent it from happening again."

Mr. Simon represents dozens of Cyclospora victims nationwide who have been linked to this outbreak. He and his law firm have already filed several Cyclospora lawsuits in numerous states.

About Ron Simon

Ron Simon's groundbreaking work on behalf of victims in several recent national food borne illness outbreaks (Townsend Farms Organic Berries, Peter Pan peanut butter, Castleberry's chili, Nestle cookie dough, Peanut Corporation of America Peanut products, JBS Swift beef, Daniele salami, Subway sandwiches, Wright County Egg eggs, Agromod papayas, and Moon Marine sushi, to name a few) has been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media. He has represented over 5000 victims of food-borne outbreaks in the past five years alone, and has collected over $550,000,000 for his clients. Mr. Simon regularly publishes articles about food safety and litigation at www.myfoodpoisoninglawyer.com, which are read by viewers in over 180 countries.

For media inquiries or more information on this outbreak and ongoing litigation, please contact Ron Simon directly at (713) 819-8116 or ron@simonluke.com or Tony Coveny at 713-306-3880 or Tony@simonluke.com.

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