Basil Cyclospora Lawsuit | Get the Right Lawyer

Our food poisoning lawyers are reviewing potential lawsuits for people who had symptoms of cyclospora after eating recalled basil products.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt
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Should you or someone close to you have been diagnosed with an illness related to food poisoning following the consumption of basil, we urge you to get in touch with our legal team without delay.

You may be entitled to compensation by filing a basil recall lawsuit and we can help. Please click the button below for a Free Confidential Case Evaluation or call us toll-free 24 hrs/day by dialing (866) 588-0600.

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Update: Shenandoah Growers Recalls Organic Basil for Cyclospora Contamination

Harrisonburg, Virginia-based Shenandoah Growers, Inc., is recalling 3,240 units of branded fresh cut, packaged organic basil clamshells over potential contamination with cyclospora.

Specific lot codes impacted by the recall include [1]:

  • PV40515 1034
  • PV40515 3034
  • PV40515 4034
  • PV40515 3035

The recalled basil was sourced in Colombia, harvested by Puerto Vallarta Herbs SAS, and imported by Vallarta Organics LLC dba Organic Destiny.

Affected products were distributed to select retail stores from 2/3/2021 to 2/4/2021 in the following states: Illinois, Indiana, Iowa, Michigan, Minnesota, Mississippi, Missouri, Ohio, Tennessee, and Wisconsin.

This recall began on February 8, 2021.

What’s the Problem?

The U.S. Food & Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) are actively investigating an outbreak of over 130 cases of cyclospora infections linked to fresh basil exported from Morelos, Mexico. This rare foodborne illness outbreak has raised concerns about the safety of imported fresh herbs.

Source of Contamination

The CDC’s epidemiological data analysis has identified contaminated fresh basil from Mexico as the most likely cause of the outbreak.

An FDA traceback investigation confirmed that the affected basil was sold at locations accessible to individuals who later became ill with cyclosporiasis.

Response Measures and Recall

In response to the findings, the FDA requested a voluntary recall, and the exporting firm agreed to remove the product from distribution.

Additionally, the FDA has increased import screening measures on basil shipments to prevent further contamination and continues to investigate the source of the outbreak and its distribution channels.

United Natural Foods, Inc. (UNFI) Recall

As part of the recall efforts, United Natural Foods, Inc. (UNFI) has recalled Wild Harvest Organic Basil due to potential contamination with Cyclospora cayetanensis.

The affected products were distributed from UNFI’s distribution center in Hopkins, Minnesota and were sold in plastic clam shell containers in the following sizes and UPC codes:

  • .25 oz – UPC: 0071153550450
  • .75 oz – UPC: 0071153550322
  • 2 oz – UPC: 0071153550762
  • 4 oz – UPC: 0071153550323

The recall began on May 11, 2020, and consumers are advised to check their products and avoid consumption of affected basil. The FDA and CDC continue to monitor the situation to prevent further cases of illness.

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Have you or a loved one suffered food poisoning from consuming contaminated food or beverages?

What is Cyclospora?

Cyclospora cayetanensis is a microscopic foodborne parasite that is usually transmitted when infected feces contaminate food or water, according to the FDA [2].

The bacterium is unlikely to be transmitted from person to person because it needs time (days to weeks) after being passed in a bowel movement to become infectious for another person.

People living or traveling in countries where cyclosporiasis is common, including certain tropical or subtropical regions, may be at increased risk for cyclospora infection, FDA said.

Common Symptoms

  • Watery diarrhea (most common): Persistent, non-bloody diarrhea that can last for weeks or even months if untreated.
  • Loss of appetite: Patients often experience a significant reduction in food intake due to nausea and abdominal discomfort.
  • Weight loss: Due to prolonged diarrhea and reduced nutrient absorption.
  • Cramping and bloating: Caused by inflammation and irritation of the intestinal lining.
  • Increased gas: Resulting from digestive disturbances.
  • Nausea: Common in individuals with severe infections.
  • Fatigue: Dehydration and nutrient loss contribute to overall weakness and exhaustion.

Diagnostic Procedures

Diagnosing cyclosporiasis requires specialized laboratory tests because the parasite is not easily detected through routine stool examinations.

  1. Stool Ova and Parasite (O&P) Test with Modified Acid-Fast Staining: Cyclospora cayetanensis is best identified through acid-fast staining, which helps distinguish it from other intestinal parasites.

  2. Molecular PCR Testing: Polymerase Chain Reaction (PCR) tests provide highly sensitive detection of Cyclospora DNA in stool samples.

  3. Fluorescence Microscopy: Oocysts of Cyclospora appear autofluorescent under UV light, aiding in identification.

  4. Multiple Stool Samples: Because Cyclospora is shed inconsistently, multiple stool samples over several days are often required to confirm diagnosis.

Treatment Protocols

Although cyclosporiasis can resolve on its own in healthy individuals, treatment is recommended to prevent prolonged symptoms.

  1. First-Line Treatment: Trimethoprim-Sulfamethoxazole (TMP-SMX)

    • Also known as Bactrim®, Septra®, or Cotrim®.
    • Dosage: 160 mg of trimethoprim / 800 mg of sulfamethoxazole twice daily for 7-10 days.
    • This antibiotic effectively eliminates the parasite from the intestines.
  2. Alternative Treatments for Sulfa-Allergic Patients

    • Patients allergic to sulfa drugs may be prescribed ciprofloxacin, nitazoxanide, or other macrolides, but their efficacy is lower than TMP-SMX.
  3. Hydration and Electrolyte Replacement

    • Oral rehydration solutions (ORS) or intravenous (IV) fluids are necessary for individuals with severe dehydration due to prolonged diarrhea.
  4. Nutritional Support

    • A diet rich in electrolytes and probiotics helps restore gut health.

Long-Term Health Effects

While most healthy individuals recover fully, some patients may experience prolonged symptoms, especially if treatment is delayed.

Possible Long-Term Complications

  • Chronic Diarrhea: Persistent diarrhea lasting several weeks or months may occur in untreated or immunocompromised individuals.

  • Malabsorption & Nutritional Deficiencies: Damage to the intestinal lining may lead to poor absorption of nutrients, causing vitamin B12, iron, and electrolyte deficiencies.

  • Irritable Bowel Syndrome (IBS) & Post-Infectious Gastrointestinal Disorders: Some patients develop IBS-like symptoms even after the infection resolves.

  • Severe Dehydration: If left untreated, excessive fluid loss can result in kidney dysfunction or electrolyte imbalances.

Early diagnosis and prompt treatment are key to preventing complications from cyclosporiasis. Proper stool testing, hydration, and antibiotic therapy ensure a full recovery, but individuals with weakened immune systems or delayed treatment may experience prolonged effects.

(source: U.S. Centers for Disease Control and Prevention)

FDA Issues Warning About Fresh Basil Imported From Mexico: CBS New York Video

The FDA investigation confirmed that the outbreak stemmed from fresh basil imported from Mexico. The supplier, Siga Logistics de RL de CV, faced scrutiny over its food safety practices and ultimately agreed to stop distribution to prevent further cases.

The FDA’s surveillance program for microbial contamination in fresh herbs had already flagged concerns about Cyclospora cayetanensis in previous years. This outbreak reinforced the need for stricter regulations and testing on imported fresh produce.

Related Articles:

Cyclospora Outbreak Linked to Mexican Basil: What Happened and What We Learned

In 2019, a major cyclospora outbreak linked to fresh basil imported from Mexico impacted multiple states across the U.S.

The Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) confirmed at least 241 cases of cyclosporiasis, with six emergency hospitalizations reported [3].

By October 1, 2019, the outbreak was officially declared over, but investigations into the source of contamination continued.

The outbreak raised concerns over food safety in fresh produce, particularly regarding imported basil. The affected supplier, Siga Logistics de RL de CV, cooperated with authorities by halting production and distribution of the contaminated basil.

Impact of the Outbreak Across States

This outbreak spanned 11 states, with exposure to contaminated basil reported in five states. The hardest-hit state was Virginia, which accounted for a significant number of cases.

Virginia Cases: 204 total cases

  • 109 confirmed cases (tested in labs)
  • 95 probable cases (linked through exposure)

Who Was Affected?

The cyclospora outbreak affected individuals across a wide age range, with patients spanning from 13 to 86 years old.

The median age of those impacted was 45 years, indicating that adults were the most commonly affected group.

In terms of gender distribution, the outbreak affected more women than men, with 61% of cases occurring in females and 39% in males.

1 Dead, 141 Sickened in Cyclospora Outbreak Linked to Mexican Basil

October 1, 2019 – This week, the CDC and FDA declared that the cyclospora outbreak linked to fresh basil imported from Mexico is over, according to The Packer [3].

The agencies reported at least 241 cases of cyclosporiasis infection associated with the outbreak, including 6 patients who required emergency hospitalization.

Although the threat of illness from contaminated basil is over, FDA is continuing its investigation into the source of the outbreak. Siga Logistics de RL de CV has cooperated with the investigation, ceasing production and distribution of the basil, the agency said.

Severity and Hospitalizations

Despite the high number of infections, hospitalizations remained low:

  • Only 1% of cases in Virginia required hospitalization (3 patients).
  • Nationally, six individuals experienced symptoms severe enough to require emergency medical care.

Most patients recovered without hospitalization, but the infection led to prolonged gastrointestinal distress, requiring medical intervention in several cases.

Timeline of the Outbreak

  • Mid-July 2019: Cyclospora cases begin appearing, with outbreaks reported in restaurants, workplace cafeterias, and events like weddings.
  • July 24, 2019: A nationwide recall of contaminated fresh basil is issued.
  • July 25, 2019: Virginia health officials release a statewide alert about the outbreak.
  • August 2019: Cases continue to emerge, prompting ongoing investigations.
  • October 1, 2019: The CDC and FDA officially declare the outbreak over, but efforts to trace the source of contamination continue.

Lessons Learned and Preventative Measures

This outbreak highlighted the importance of food safety measures, particularly for fresh produce that is eaten raw.

Some key takeaways include:

  • Stronger Import Regulations: Enhanced screening of imported herbs and produce for Cyclospora contamination.
  • Better Consumer Awareness: Educating the public about proper washing and handling of fresh herbs.
  • Improved Traceability Systems: Ensuring suppliers can quickly identify and recall contaminated products to prevent widespread outbreaks.

While the 2019 outbreak was declared over, similar foodborne illness outbreaks remain a risk. Ongoing FDA investigations into fresh produce safety aim to reduce future contamination risks and protect consumers.

Check out the other recent food poisoning cases from Schmidt and Clark, LLP.

FDA Recommendation

FDA is advising consumers not to purchase, eat, or serve any foods with fresh basil exported by Siga Logistics de RL de CV.

The agency said you should avoid all basil products for the time being, unless you can determine for certain that it was not sourced from Siga Logistics.

When individuals suffer foodborne illnesses due to contaminated basil, they have legal avenues to seek compensation.

Understanding the difference between individual lawsuits and class action lawsuits, gathering essential evidence, and knowing the statute of limitations in different states are crucial steps in pursuing legal action.

Individual vs. Class Action Lawsuits: Which One is Right for You?

Consumers affected by the basil Cyclospora outbreak may file lawsuits to recover damages. The type of lawsuit depends on the number of affected individuals and the severity of their cases.

Individual Lawsuits

These cases are filed by a single plaintiff against the company responsible for distributing contaminated basil.

For example, James Walker filed a lawsuit after consuming contaminated basil at a restaurant and suffering from severe cyclosporiasis symptoms.

Individuals who suffered serious health complications or long-term medical consequences may benefit from filing an individual lawsuit.

Class Action Lawsuits:

When multiple consumers are affected by the same contaminated product, they may join together in a class action lawsuit against the distributor or supplier.

These lawsuits consolidate multiple claims into one case, making it more efficient for affected individuals to seek compensation collectively.

Both types of lawsuits aim to hold negligent parties accountable and compensate victims for their suffering. Choosing the best legal route depends on the severity of symptoms, medical costs, and the extent of damages suffered.

Gathering Evidence: What You Need to Strengthen Your Case

To succeed in a Cyclospora contamination lawsuit, plaintiffs must prove their illness was caused by the contaminated basil.

Proper documentation and evidence collection can significantly increase the chances of winning a settlement.

Key Evidence Required:

  • Medical Records: Proof of diagnosis, lab results confirming Cyclospora cayetanensis, and documentation of treatments received.
  • Purchase Receipts: Receipts or records showing that the plaintiff purchased or consumed contaminated basil.
  • Witness Statements: Testimonies from others who ate the same food and experienced similar symptoms of cyclosporiasis.
  • Scientific Testing: Independent lab tests detecting Cyclospora in the basil sample or confirming the plaintiff’s infection.

Strong documentation not only validates claims but also establishes a direct link between the contaminated basil and the illness.

Understanding Statute of Limitations: How Long Do You Have to File?

The statute of limitations sets a deadline for filing lawsuits. If a claim is not filed within this time frame, victims may lose their right to compensation.

  • California: 2 years from the date of illness onset.
  • New York: 3 years from the date of illness onset.
  • Texas: 2 years from the date of illness onset.

Since time limits vary by state, affected consumers should consult a food safety lawyer as soon as possible to avoid missing their filing deadline.

What Compensation Can Victims Expect?

Victims of foodborne illness lawsuits can seek various types of damages based on the severity of their illness and its impact on their lives.

Types of Damages Available:

  • Medical Expenses: Covers hospital bills, lab tests, medications, and follow-up treatments.
  • Lost Wages: Compensation for missed workdays due to illness.
  • Pain and Suffering: Damages for physical and emotional distress, including long-term digestive issues.
  • Punitive Damages: If the defendant is found to be grossly negligent, the court may impose additional financial penalties.

A food poisoning attorney can help determine the potential settlement amount based on medical records, income loss, and long-term effects of the illness.

Role of Expert Testimonies in Food Poisoning Lawsuits

To establish liability, attorneys may call expert witnesses to strengthen a plaintiff’s case. These professionals provide scientific and medical insight into how the contamination occurred and its impact on human health.

Key Expert Witnesses in Foodborne Illness Cases:

  • Epidemiologists: Identify links between Cyclospora outbreaks and contaminated food sources.
  • Food Safety Specialists: Explain how and why basil became contaminated during processing or transport.
  • Medical Experts: Verify diagnosis, treatment plan, and long-term health consequences of cyclosporiasis.

Expert testimony can be critical in proving negligence, particularly in cases involving large food distributors.

The basil Cyclospora outbreak has affected hundreds of consumers, leading to severe health consequences.

Whether through individual lawsuits or class actions, victims can pursue legal action to hold distributors and suppliers accountable.

By gathering evidence, understanding the statute of limitations, and seeking legal representation, affected individuals can take the necessary steps to recover damages and prevent similar outbreaks in the future.

Can I File a Class Action?

Although Schmidt & Clark, LLP, is a nationally recognized class action firm, we have decided against this type of litigation when it comes to basil-induced cyclospora infections.

Our lawyers feel that if there is a successful resolution to these cases, individual suits, not class actions will be the best way to get maximum payouts to our clients.

If you developed symptoms of cyclosporiasis after eating foods that contained recalled fresh basil, we know you’ve suffered emotionally and economically, and want to work with you personally to obtain the maximum compensation for the damages caused by your injuries. Contact us today to learn more about your legal rights.

FAQs

What Is the Basil Cyclospora Lawsuit About?

The Basil Cyclospora lawsuit pertains to an outbreak of Cyclospora infections traced back to contaminated basil. Plaintiffs allege that the consumption of this basil led to severe gastrointestinal illnesses, including prolonged diarrhea, abdominal cramps, and other related symptoms.

Who Is Eligible To File A Claim in the Basil Cyclospora Lawsuit?

Individuals who have been diagnosed with a Cyclospora infection after consuming basil linked to the outbreak may be eligible to file a claim. Eligibility typically requires medical documentation of the infection and proof of basil consumption during the specified time frame. Affected individuals should consult with legal professionals specializing in foodborne illness cases to assess their eligibility and navigate the legal process effectively.

Why Is it Important To Hold Companies Accountable in Foodborne Illness  Cases?

It is important to hold companies accountable in foodborne illness cases to ensure they adhere to strict food safety standards and regulations. This accountability helps prevent future outbreaks, protects public health, and ensures that affected individuals receive compensation for their suffering and losses. Legal actions also serve as a deterrent to negligence, encouraging better practices within the food industry.

Do I Have a Basil Cyclospora Lawsuit?

The Food Poisoning Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in basil recall lawsuits. We are handling individual litigation nationwide and currently accepting new cyclospora cases in all 50 states.

Again, if you or a loved one was diagnosed with a confirmable cyclospora infection (cyclosporiasis) after eating foods that contained recalled basil, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.

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