Cyclospora Lawsuits Likely to Follow Investigation Into Source of Growing Intestinal Illness Outbreak

Certain growers, manufacturers or distributors may face lawsuits over cyclospora illnesses emerging nationwide, after investigators confirm the source of the multistate outbreak.

Federal and state health officials are investigating a widespread Cyclospora outbreak that is expected to result in lawsuits brought on behalf of individuals nationwide who suffered severe illness, required hospitalization or died from complications of the infection.

The Centers for Disease Control and Prevention (CDC) issued a nationwide Health Alert Network advisory this week after confirming 1,645 domestically acquired cases of Cyclosporas have been identified in at least 34 different states since May 1. Officials indicate that more than 5,100 illnesses are still under review to determine whether they are linked to the same outbreak, suggesting the total number of cases may be substantially higher.

Investigators believe many of the illnesses are connected to contaminated fresh produce. However, they have not yet identified the specific food item, supplier or distributor responsible. Public health officials are interviewing patients and tracing food distribution chains while working with the U.S. Food and Drug Administration (FDA) and state agencies to determine the source.

Identifying the contaminated product could lead to cyclospora lawsuits being pursued against companies involved in growing, processing, distributing or selling the food. Similar outbreaks involving E. coli, Salmonella and Listeria have resulted in product liability claims alleging failures to follow adequate food safety practices.

Cyclospora Outbreak Investigation

Cyclospora is a microscopic parasite that causes cyclosporiasis, an intestinal illness most commonly spread through fresh fruits, vegetables or water contaminated with human feces. Unlike many other foodborne pathogens, the parasite generally is not transmitted directly from person to person because it must mature in the environment before becoming infectious.

The CDC indicates several separate investigations are underway, and it remains unclear whether all reported illnesses stem from a single contaminated food source or multiple unrelated outbreaks. Early epidemiological evidence has linked cases in at least four states, while investigators continue evaluating other possible sources in additional states.

Because symptoms often do not appear for about a week after exposure, and sometimes as long as two weeks, patients frequently have difficulty recalling everything they ate before becoming ill, making traceback investigations particularly challenging.

Cyclospora Symptoms

Cyclospora infections typically cause prolonged gastrointestinal illness that may last for weeks or even months without treatment.

Common symptoms include:

• Frequent watery diarrhea
• Loss of appetite
• Weight loss
• Stomach cramps and bloating
• Nausea and vomiting
• Fatigue
• Low-grade fever

Some patients experience symptoms that improve before returning days later. Young children, older adults and individuals with weakened immune systems face a greater risk of severe illness and dehydration requiring hospitalization.

Cyclosporiasis is generally treated with prescription antibiotics, and early diagnosis can help reduce the severity and duration of illness.

Federal officials have not advised consumers to avoid any specific produce because the source has not yet been confirmed. Instead, they recommend washing fresh fruits and vegetables thoroughly under running water, practicing good food hygiene and seeking medical attention if symptoms develop.

Food Poisoning Outbreak Lawsuits

Although no lawsuits have yet been filed over the current outbreak, food poisoning claims often follow once public health officials identify the contaminated product and the companies responsible for placing it into the food supply.

The massive Boar’s Head Listeria outbreak provides a recent example. After investigators traced illnesses to deli meats produced at the company’s Virginia facility, Boar’s Head recalled more than seven million pounds of products. The outbreak was linked to dozens of hospitalizations and multiple deaths, leading injured consumers and surviving family members to file Boar’s Head Listeria lawsuits.

Similar claims could be brought against any grower, processor, distributor or retailer ultimately linked to the Cyclospora outbreak. Individuals who suffered confirmed infections may seek compensation for medical expenses, lost wages, pain and suffering and other damages, while families may pursue wrongful death claims when an infection proves fatal.

As the CDC and FDA continue tracing the source, any future product identification, recall or evidence of food-safety failures could become central to determining which companies may be held responsible.

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