BISMARK, N.D., July 3, 2020
/PRNewswire/ -- A lawsuit has been filed on behalf of
Shane Smith against Fresh Express
Inc. in the current Cyclospora outbreak linked to bagged
salad. Mr. Smith is represented by Marler Clark, The Food Safety Law firm, and
Davenport Evans, a Sioux Falls, South
Dakota firm. The lawsuit was filed in the District of
North Dakota East Central Division. Complaint #
3:20-cv-00117.
Mr. Smith shopped at Walmart Supercenter's Fargo location and purchased Walmart
Marketside Brand Classic Iceberg Salad on May 29, 2020. Several days later, after
consuming the salad, Mr. Smith became ill. His symptoms
included stomachache, which quickly became severe, with explosive
diarrhea, nausea, vomiting, abdominal cramps, fatigue and
fever. On June 14, 2020,
Mr. Smith sought medical treatment. Stool and blood samples
were collected, and a diagnosis of a Cyclospora infection
was confirmed.
Unfortunately, Mr. Smith's symptoms persisted and on
June 19, 2020, he visited the ER, was
administered IV fluids and hospitalized until June 22, 2020. He incurred medical
expenses, wage loss and continues to suffer the ill effects of the
Cyclospora illness.
"Cyclospora is a nasty parasite that has been a growing
problem in the U.S, that the produce industry needs to solve," said
Marler Clark partner, William Marler.
The CDC reports that 206 people with laboratory confirmed
Cyclospora infections and who reported eating bagged
salad mix before becoming ill have been reported in 8 Midwestern
states (Iowa, Illinois, Kansas, Missouri, Minnesota, North
Dakota, Nebraska and
Wisconsin).
Cyclospora infections have been linked to bagged salad mix
containing iceberg lettuce, carrots, and red cabbage sold at ALDI,
Hy-Vee, Walmart and Jewel-Osco stores. Illnesses started on
dates ranging from May 11, 2020 to
June 14, 2020. Twenty-three
people have been hospitalized.
Cyclospora: Marler
Clark, The Food Safety Law Firm, is the nation's leading
firm representing victims of Cyclospora outbreaks. The
Cyclospora lawyers of Marler
Clark have represented numerous victims of Cyclospora
and other foodborne illnesses and have recovered over $750 million for clients in the last 29
years. Marler Clark is the
only law firm in the nation with a practice focused exclusively on
foodborne illness litigation.
If you or a family member became ill with Cyclospora
infection after consuming food and you are interested in pursuing a
legal claim, contact Marler Clark
Cyclospora attorneys for a free case evaluation. Call or
text (206) 794-5043 or email bmarler@marlerclark.com.
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SOURCE Marler Clark, The Nation's
Food Safety Law Firm