Attorneys from the national food safety law firm Pritzker Hageman filed a lawsuit in Wisconsin against Kwik Trip on behalf of a woman who was diagnosed with Cyclospora food poisoning earlier this month. The suit was filed in Wisconsin Circuit Court, Eau Claire County (Case no. 2018CV000283). They have also filed a lawsuit in Minnesota on behalf of another person sickened in this 2018 Cyclospora outbreak.
The lawsuit alleges that our client, A.G., became ill after eating food from a vegetable tray made by Del Monte Fresh Produce, N.A. and sold at the Kwik Trip located at 4395 North Town Hall Road, Eau Claire, Wisconsin. The lawsuit also names Del Monte Fresh Produce, N.A. (Del Monte) as a defendant. This means our client is seeking compensation from both companies.
You can use the form below to contact our Cyclospora Team to discuss how a lawsuit can help you get full and fair compensation.
Woman Sickened by Cyclospora after Eating from Del Monte Vegetable Tray Sold at Kwik Trip
The lawsuit states that our client purchased multiple Del Monte vegetable trays from the Kwik Trip located at 4395 North Town Hall Road, Eau Claire, Wisconsin, from May 14 through May 29, 2018. She ate food from each of these vegetable trays.
Our client first began feeling sick on May 30, 2018, when she suffered nausea and stomach pain. By the next day, she began to vomit and have diarrhea, which became extremely debilitating. When she did not improve, she went to see her doctor, who ran several laboratory tests. On June 9, 2018, after a stool sample yielded a positive result for the presence of Cyclospora oocysts (see image above for an example), she was diagnosed with a Cyclospora infection, also referred to as cyclosporiasis.
Our client continues to suffer from her illness. The lawsuit seeks compensation for pain and suffering, medical expenses, lost wages, and other damages.
Our Law Firm is Representing Several People from Minnesota and Wisconsin Sickened in the 2018 Cyclospora Outbreak
Our law firm is representing several people from Minnesota and Wisconsin who were sickened after eating from Del Monte vegetable trays sold at various Kwik Trip stores in both states. This Cyclospora outbreak was first announced on June 8, 2018, by the Minnesota Department of Health and the Wisconsin Department of Health Services. Initially, there were 13 Cyclospora cases, all linked to consumption of “Del Monte Vegetable Tray (containing broccoli, cauliflower, carrots, and dill dip) 6 and 12-ounce varieties.” That number has since grown, and we expect the numbers to be quite high before this outbreak investigation is concluded.
The lawsuits filed in Wisconsin and Minnesota outline Kwik Trip’s and Del Monte’s responsibility to sell safe food:
“Fresh produce producers, including Defendant Del Monte, have a duty to produce food that is free of dangerous organisms. This includes a duty to develop a food safety program and follow good agricultural practices; monitor and tests its products and processing environments; and otherwise, ensure that its ready-to-eat products are not exposed to fecal matter. Fresh produce producers, including Defendant Del Monte, also have a duty to comply with all applicable state and federal regulations to ensure the purity and safety of its food products, including the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §301 et seq.) and Wis. Stat. § 97.10. Defendant Kwik Trip, as a food establishment, also owed a duty to Plaintiff to comply with all applicable state and federal regulations.”
If you or a loved one has been sickened in this Cyclospora outbreak, contact our Cyclospora Team by calling 612-338-0202 or toll-free at 1-888-377-8900. Hold these companies accountable for your illness.