Table Of Contents
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
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.
Seeking Justice for Marketside Salad Recall: Your Legal Options
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:
- Proof of Purchase:
- Keep receipts, invoices, or photos of the product packaging, including lot numbers and expiration dates.
- Medical Records:
- Collect all treatment records, lab results, and doctor’s notes that document your illness.
- Incident Report:
- Write a detailed account of when and how you consumed the salad, symptoms experienced, and the timeline of your illness.
- Witness Statements:
- Statements from others who observed your symptoms or consumed the same product.
- Recall Notices:
- Save recall announcements from official sources like the FDA or CDC.
- Retailer Correspondence:
- Include any communication with Walmart or other retailers about the product or recall.
Taking Action: Steps to Pursue Your Claim
- 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. - File a Personal Claim:
Your lawyer will help you file a claim against the responsible party, which could include the manufacturer, distributor, or retailer. - 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. - 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.
Related Articles:
- Jewel-Osco Farms Salad Cyclospora Lawsuit
- Taylor Farms Texas Macaroni Salad Recall Suit
- Pasta Salad Poisoning Case
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.
See all related food poisoning lawsuits our attorneys covered so far.
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.