Ron Simon & Associates Files First Cyclospora Lawsuit In Iowa Against Fresh Express

Today the national food safety law firm of Ron Simon & Associates, along with local counsel the Hammer Law Firm, P.L.C., filed the first cyclospora lawsuit in Iowa against Fresh Express and Hy-Vee stemming from cyclospora-contaminated bagged-salad mix that has sickened more than 200 across the Midwestern United States. 

Nearly a fourth of the victims are Iowa residents.

Many of the tainted salads have been distributed by West Des Moines, Iowa based Hy-Vee. But the source, according to the conclusions of a trace-back investigation led by the FDA and CDC, are salads produced by Fresh Express, a Florida company.

Many other retailers are also linked to the outbreak, such as ALDI, Jewel-Osco and Walmart, all of whom purchase and sell products made by Fresh Express.

According to the CDC, as of June 28th, there are 206 laboratory-confirmed cyclospora victims associated with this outbreak in 8 states, including IllinoisIowaKansasMinnesotaMissouriNorth DakotaNebraska, and Wisconsin.

This number is expected to grow dramatically as victims become aware of the outbreak and are properly tested for cyclospora, a parasite that is endemic to tropical regions but only rarely occurs in the U.S., almost always linked to the importation of fruits vegetables from other countries.

The lawsuit was filed against Fresh Express and Hy-Vee in Dallas County, Iowa on behalf of Laure Guisinger.  A copy of the lawsuit is available upon request.

Ms. Guisinger purchased the salad mix from the Hy-Vee in Waukee, Iowa on a weekly basis, including most recently on June 3, 2020.

By June 10th, she began experiencing stomach cramps and bloating, nausea, and within days debilitating diarrhea.

She was forced to seek medical treatment at the Iowa Clinic – West Des Moines Campus ER, and was later found to have cyclospora.

The Dallas County Health Department later confirmed she was part of the Fresh Express Bagged Salad Mix Cyclospora outbreak.

Ms. Guisinger continues to recover from cyclospora food poisoning.

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