Basil Cyclospora Lawsuit | Get the Right Lawyer

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.

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.

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.

Legal Options for Cyclospora Lawsuits: What Affected Consumers Need to Know

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.