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Marketside Salad Recall Lawsuit Attorney

Fresh Express is recalling certain Marketside Classic Iceberg Salads as a precautionary measure due to potential contamination with cyclospora, a parasite that causes severe intestinal infections.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt
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Should you or a loved one have suffered injuries, it’s imperative to reach out to our attorneys without delay. You might be eligible for a financial settlement through a Marketside Salad Recall Lawsuit, and our team is here to assist you. For a no-cost, confidential evaluation of your case, simply click the button below or reach us any time by calling toll-free at (866) 588-0600.

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What’s The Problem?

According to a Recall Notice [1] by the U.S. Food & Drug Administration (FDA), this action affects all product codes of Marketside Classic Iceberg Salad sold in 12- and 24-ounce packages with best-if-used-by-dates of May 19, 2020, to July 04, 2020, and distributed between June 1, 2020, and June 21, 2020 in the following states: Iowa, Minnesota, Michigan, Nebraska, North Dakota, South Dakota, and Wisconsin.

Walmart stores have removed the recalled Marketside salads from store shelves and inventories, FDA said.

If you purchased any Marketside salads that are affected by this recall, you should not eat them, and either discard them or return them to the point of purchase for a refund. Anyone concerned about a potential cyclospora infection should call their healthcare provider right away.

This recall began on June 25, 2020.

Related Article: Cyclospora Outbreak Lawsuit Update

What is Cyclosporiasis?

Cyclosporiasis is an intestinal illness caused by the microscopic parasite Cyclospora cayetanensis, according to the U.S. Centers for Disease Control and Prevention (CDC) [2.].

Cyclospora bacteria are found worldwide but are most common in tropical and subtropical regions. Foodborne outbreaks have been linked to various types of fresh produce, including raspberries, basil, cilantro, snow peas, mesclun, and romaine lettuce.

Cyclosporiasis Symptoms

Symptoms of cyclosporiasis may include:

  • Watery diarrhea
  • Stomach cramps
  • Loss of appetite
  • Weight loss
  • Slight fever
  • Nausea
  • Fatigue

Understanding the Severity of Cyclosporiasis Symptoms

Understanding the severity of symptoms associated with cyclosporiasis is crucial for timely diagnosis and treatment. Below is a three-column comparison that categorizes symptoms into mild, severe, and emergency signs.

MILD SYMPTOMS SEVERE SYMPTOMS EMERGENCY SIGNS
Watery diarrhea (less than 3 times/day) Profuse watery diarrhea (more than 6 times/day) Signs of dehydration (dry mouth, extreme thirst, little or no urination)
Mild stomach cramps Severe abdominal pain High fever (over 101°F or 38.3°C)
Loss of appetite Significant weight loss Blood in stool
Slight fever (below 101°F or 38.3°C) Nausea and vomiting Severe fatigue or weakness
Mild nausea Persistent nausea Confusion or altered mental status
General fatigue Prolonged fatigue Symptoms of shock (rapid heartbeat, shallow breathing)

The Typical Timeline of Infection

  • Incubation Period: Symptoms usually appear about 1 week after exposure but can range from 2 days to over 2 weeks.
  • Duration of Symptoms: Without treatment, symptoms may last from a few days to several weeks or longer, with some individuals experiencing relapsing symptoms.

What to Expect During Recovery: Short- and Long-Term Outlook

  • Short-Term Recovery: Many patients feel better within a few days to a week after starting treatment.
  • Long-Term Recovery: Lingering symptoms or relapses can sometimes extend recovery to several weeks or months.

Could Cyclosporiasis Have Lasting Effects?

While most individuals recover fully, certain populations may face longer-term challenges:

  • Chronic Fatigue: Prolonged fatigue is reported in some cases post-recovery.
  • Recurrent Infections: Reinfection is possible, as prior infection does not provide immunity.
  • Immune-Compromised Individuals: Those with weakened immune systems may experience more severe or prolonged symptoms.

Cyclospora Treatment

The recommended treatment for cyclosporiasis is a combination of 2 antibiotics, trimethoprim-sulfamethoxazole (aka Bactrim, Septra, or Cotrim). Patients suffering from diarrhea should also rest and drink plenty of fluids.

How Effective Are Treatments for Cyclosporiasis?

  • Antibiotic Success: Trimethoprim-sulfamethoxazole (TMP-SMX) is the standard treatment, with a success rate of about 90% in alleviating symptoms.
  • Alternative Options: For those allergic to TMP-SMX, medications like nitazoxanide can be used, though they are less common.

If you or a loved one has fallen ill after consuming recalled Marketside salads, you may have the right to pursue legal action. Understanding what steps to take and what evidence is necessary will help you navigate the process of obtaining compensation for your suffering.

Essential Evidence: Documents to Strengthen Your Case

Building a strong case begins with gathering key documents.

Here’s what you will need:

  1. Proof of Purchase:
    • Keep receipts, invoices, or photos of the product packaging, including lot numbers and expiration dates.
  2. Medical Records:
    • Collect all treatment records, lab results, and doctor’s notes that document your illness.
  3. Incident Report:
    • Write a detailed account of when and how you consumed the salad, symptoms experienced, and the timeline of your illness.
  4. Witness Statements:
    • Statements from others who observed your symptoms or consumed the same product.
  5. Recall Notices:
    • Save recall announcements from official sources like the FDA or CDC.
  6. Retailer Correspondence:
    • Include any communication with Walmart or other retailers about the product or recall.

Taking Action: Steps to Pursue Your Claim

  1. Consult an Expert Attorney:
    Reach out to a personal injury lawyer with expertise in foodborne illness cases. They can evaluate your claim and guide you through the legal process.
  2. File a Personal Claim:
    Your lawyer will help you file a claim against the responsible party, which could include the manufacturer, distributor, or retailer.
  3. Join a Class Action Lawsuit:
    Consider joining a class action if others are similarly affected. Class actions provide collective resources and can simplify the process.
  4. Track Your Health:
    Document ongoing symptoms or medical complications as they may impact the compensation you are entitled to receive.

If you’ve suffered due to recalled Marketside salads, you don’t have to face it alone. By compiling the necessary evidence and working with an experienced attorney, you can seek justice and compensation for your injuries. Take action quickly, as time limits for filing lawsuits may apply.

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FAQs

Can I file a lawsuit if I became ill after consuming recalled Marketside salad?

Yes, if you became ill after consuming recalled Marketside salad, you may be eligible to file a lawsuit. Legal claims can seek compensation for medical expenses, lost wages, pain and suffering, and other related damages. Consulting with a legal professional can help determine the strength of your case.

How can I confirm if the Marketside salads I purchased are part of the recall?

You can confirm if your Marketside salads are part of the recall by checking the recall notice for specific product details such as batch numbers, production dates, or packaging information. This information is typically available on the FDA website, the manufacturer’s website, or through news outlets.

How can I stay informed about future recalls of Marketside or other food products?

To stay informed, you can sign up for recall alerts from the FDA or other food safety organizations. Additionally, regularly check news reports or the manufacturer’s website for any updates on product safety and recalls.

Can I return recalled Marketside salads to any retailer?

Typically, you can return recalled Marketside salads to the retailer where you purchased them for a full refund, even if you do not have the original receipt. Contact the store directly to confirm their return policy for recalled products.

How long after eating can symptoms of Cyclospora appear?

Symptoms of cyclospora infection typically appear about 1 week after exposure, but they can range from 2 days to over 2 weeks, depending on the individual and the level of exposure.

What medical documentation do I need?

You will need medical records confirming your diagnosis, including lab test results for cyclospora, a record of symptoms, and documentation of any prescribed treatments. Proof of food or water consumption linked to the infection may also be helpful for legal or insurance claims.

Will insurance cover treatment?

Yes, health insurance will cover treatment for cyclospora, including consultations, diagnostic tests, and prescribed antibiotics like TMP-SMX. Check your policy for coverage specifics and confirm if alternative treatments are included in case of allergies.

How is cyclospora diagnosed?

Cyclospora is diagnosed through a stool sample test that identifies the parasite under a microscope. Physicians may order multiple stool tests to confirm the diagnosis due to intermittent shedding of the parasite.

What compensation is available?

Compensation that can be available includes medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages. Consult a lawyer to explore your eligibility for claims.

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

Do I Have a Marketside Salad Recall 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 Marketside Salad Recall Lawsuits. We are handling individual litigation nationwide and currently accepting new cyclospora infection cases in all 50 states.

If you or a loved one had symptoms of food poisoning after eating a recalled salad, you should contact our law firm immediately. You may be entitled to a settlement by filing a lawsuit and our food poisoning lawyers can help.

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