Cyclospora Lawsuit

You count on the people who provide your food to take proper safety precautions. When they don’t, you can become ill from Cyclospora, a parasite that spreads mainly through contaminated water used on produce and other products. If you or a loved one became ill and a doctor confirmed it was due to Cyclospora, Keep Food Safe can connect you with an experienced attorney to help you pursue compensation.

Cyclospora is a parasite that thrives in warm climates and can cause intestinal problems when ingested. It is typically transmitted in water contaminated by human feces and used inadvertently by farmers and manufacturers on produce and other products.

While most Cyclospora infections are mild, others cause symptoms for a month or more. If you’ve incurred medical bills or other damages due to a Cyclospora infection, an experienced food poisoning lawyer can pursue compensation on your behalf by filing a Cyclospora lawsuit. Keep Food Safe can help you secure the high-quality legal representation you need.

Filing a Cyclospora Lawsuit

You can file a Cyclospora lawsuit if you have actual damages from your illness, such as medical bills or lost income. Each state has its own laws regarding liability and negligence in food poisoning claims, and there may be more than one responsible party.

Hiring an attorney with experience handling foodborne illness cases is essential. They can identify where in the supply chain your food was tainted and who was responsible.

What is Cyclospora?

Cyclospora is the common name for the parasite Cyclospora cayetanensis. It is a single-celled organism, so you cannot see it, even under most microscopes. Consuming food or water containing Cyclospora can lead to cyclosporiasis intestinal illness.

It takes days and sometimes weeks for Cyclospora to become infectious, so it rarely spreads through direct contact with another person. Instead, it contaminates food or water, causing food poisoning after you ingest it.

Cyclospora Symptoms

The most common symptom of Cyclospora is persistent diarrhea. You may also experience a loss of appetite, cramping, bloating, and nausea. These symptoms can leave you feeling fatigued and cause weight loss. More severe cases of Cyclospora lead to vomiting, fever, head and body aches, and other flu-like symptoms.

Cyclospora symptoms usually last a few days to a month or longer. You may experience a relapse after feeling better. If you think you have a Cyclospora infection, see a doctor, especially if your symptoms are severe.

Though Cyclospora cases are rarely deadly, they can still be quite serious. The Centers for Disease Control and Prevention reported 2,272 Cyclospora cases in the first ten months of 2023, resulting in 186 hospitalizations.

How is Cyclospora Spread?

Cyclospora spreads through human fecal matter. It takes up to a week to become infectious and normally spreads via contaminated water during food production. The parasite thrives in tropical and sub-tropical climates, and most U.S. spread occurs during the warmer spring and summer months.

Further, outbreaks are often linked to produce imported from other countries and U.S. states with warmer weather. Outbreaks in the U.S. have been linked to raspberries from Guatemala, basil and romaine lettuce from Mexico, and salad mixes from Florida.

Cyclospora Outbreaks

In 2018, there were 511 cases of Cyclospora in 16 states related to Fresh Express salad mixes sold through McDonald’s. This outbreak resulted in 24 hospitalizations. Another outbreak linked to salad mixes occurred in 2020, resulting in 701 cases in 14 states with 38 hospitalizations.

The Food and Drug Administration and other agencies are not always able to pinpoint the source of Cyclospora outbreaks. Closed Cyclospora investigations in 2023 include more than 250 cases of unknown origin and 20 cases related to tainted broccoli.

Who is Liable in a Cyclospora Lawsuit?

Food supply chains are very complex. As a result, multiple parties that could be held liable in a Cyclospora lawsuit, including:

Because Cyclospora commonly spreads through contaminated water, traceable cases often point to a specific farm or processing plant. If they use a Cyclospora-tainted water source to grow or clean produce, the parasite can become contagious over time and make people sick. Equipment that is not cleaned thoroughly or is cleaned with contaminated water can also contribute to outbreaks.

How Much Can a Cyclospora Lawsuit Be Worth?

The amount of compensation you can secure in a Cyclospora lawsuit depends on the circumstances of your case. If you become very ill and need medical care, you may be able to collect economic and non-economic damages in a Cyclospora lawsuit, including:

Food poisoning can be debilitating, especially if you experience Cyclospora relapses. While most Cyclospora cases are not severe, medical care is expensive, and it does not help if you are also forced to miss work.

You deserve compensation if someone else’s actions or inactions made you sick. Contact a Cyclospora lawyer as soon as possible to ensure you don’t miss your chance to collect compensation in a lawsuit.

What Do You Need To Prove To Win a Cyclospora Lawsuit?

To succeed in a Cyclospora claim, you must show that it is more likely than not that the defendant’s actions caused your illness. Your attorney can help you prove this using health department data, corporate records, and other information.

You may need to provide a stool sample to prove a Cyclospora infection. The sample can also help a public agency trace the origin of your illness through DNA. Recent Centers for Disease Control research shows more than one Cyclospora species, two of which are respectively linked to the southern and northern parts of the United States.

Once the origin of your sickness is determined, your Cyclospora lawyer can help determine who was responsible. Depending on the laws of your state, legal theories that may come into play in your case include the following:

The defendant is strictly liable, meaning they are responsible for your illness even if they weren’t negligent;
The defendant breached an implied or express warranty to sell you safe food; and
The defendant was negligent because they did fulfill their duty to protect you against harm.

How Long Do You Have To File a Cyclospora Lawsuit?

Depending on the laws of your state, you may have as little as one year or as many as six years to file. The deadline may also vary based on the kind of claim your attorney chooses to bring. For example, if they choose to file a product liability claim instead of a personal injury claim, the deadline may be different.

A judge will likely throw out your case if you do not file your lawsuit on time. Though there are exceptions, it is best to consult with an attorney as soon as possible in case they do not apply to your case.

Filing your suit quickly also gives your lawyer more time to investigate. Until you file a formal lawsuit, you may not have access to critical corporate records or health department information.

Should You File a Cyclospora Lawsuit?

You trust those who produce, process, and prepare your food to keep you safe. You deserve compensation for your medical bills and other damages when they do not. Lawsuits hold companies responsible and push them to improve their food safety practices.

Health agencies that track Cyclospora outbreaks depend on victims reporting their illnesses. Your lawsuit could trigger an investigation to determine how many people are affected, possibly leading to a food recall that prevents further infections. You can be a voice for food safety when you stand up to companies that cut corners. Others may then report their illnesses, helping to spread the word.

Acting fast will improve your chances of receiving compensation. Companies sometimes set aside funds to compensate folks who file food poisoning claims. These funds are often distributed to participants in class actions. You may miss out on collecting damages if you do not participate, as well as if the company responsible for your illness goes bankrupt trying to compensate other victims.

Food poisoning cases are complex, and you should work with an attorney who has the skills needed to investigate your claim and knows the food safety laws in your state. In many cases, compensation comes through an insurance settlement rather than a judgment in court, so you should also select an attorney with experience dealing with insurers.

If you need help with a Cyclospora lawsuit, contact Keep Food Safe. We will connect you with an experienced Cyclospora attorney who can advise you on the best steps to pursue compensation.