--- title: Marler Clark Files 5th Lawsuit Representing Victim of Fresh Express Cyclospora Outbreak date: 2020-07-03T14:18:00-07:00 author: Julie Dueck canonical_url: "https://marlerclark.com/news_events/bagged-salad-poisons-marler-clark-files-lawsuit-representing-victim-of-fresh-express-cyclospora-outbreak" section: News --- [All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) / # Marler Clark Files 5th Lawsuit Representing Victim of Fresh Express Cyclospora Outbreak (Bismark,ND) A lawsuit has been filed on behalf of Shane Smith against Fresh Express Inc. in the current [*Cyclospora* outbreak linked to bagged salad](https://marlerclark.com/bagged-lettuce-sold-by-aldi-hy-vee-and-jewel-osco-grocery-stores-recalled-after-cyclospora-outbreak). Mr. Smith is represented by Marler Clark, The Food Safety Law firm, and Davenport Evans, a Sioux Falls, South Dakota firm. The lawsuit was filed in the District of North Dakota East Central Division. ( See attached Complaint). Mr. Smith shopped at Walmart Supercenter’s Fargo location and purchased Walmart Marketside Brand Classic Iceberg Salad on May 29, 2020. Several days later, after consuming the salad, Mr. Smith became ill. His symptoms included stomachache, which quickly became severe, with explosive diarrhea, nausea, vomiting, abdominal cramps, fatigue and fever. On June 14, 2020, Mr. Smith sought medical treatment. Stool and blood samples were collected, and a diagnosis of a *Cyclospora* infection was confirmed. Unfortunately, Mr. Smith’s symptoms persisted and on June 19, 2020, he visited the ER, was administered IV fluids and hospitalized until June 22, 2020. He incurred medical expenses, wage loss and continues to suffer the ill effects of the *Cyclospora* illness. “*Cyclospora* is a nasty parasite that has been a growing problem in the U.S, that the produce industry needs to solve,” said Marler Clark partner, William Marler. The CDC reports that 206 people with laboratory confirmed *Cyclospora* infections and who reported eating bagged salad mix before becoming ill have been reported in 8 Midwestern states (Iowa, Illinois, Kansas, Missouri, Minnesota, North Dakota, Nebraska and Wisconsin). *Cyclospora* infections have been linked to bagged salad mix containing iceberg lettuce, carrots, and red cabbage sold at ALDI, Hy-Vee, Walmart and Jewel-Osco stores. Illnesses started on dates ranging from May 11, 2020 to June 14, 2020. Twenty-three people have been hospitalized. **Cyclospora:** [Marler Clark, The Food Safety Law Firm](https://marlerclark.com/bagged-lettuce-sold-by-aldi-hy-vee-and-jewel-osco-grocery-stores-recalled-after-cyclospora-outbreak), is the nation’s leading firm representing victims of *Cyclospora* outbreaks. The *Cyclospora* lawyers of [Marler Clark](https://marlerclark.com/about) have represented numerous victims of *Cyclospora* and other foodborne illnesses and have recovered over $750 million for clients in the last 29 years. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation. If you or a family member became ill with *Cyclospora* infection after consuming food and you are interested in pursuing a legal claim, contact Marler Clark *Cyclospora* attorneys for a free case evaluation. Call or text (206) 794-5043 or email . [Fresh Express Complaint (pdf)](https://s3-us-west-2.amazonaws.com/marlerclarkcom-publications-pdfs/Fresh-Express-Complaint.pdf) ### Other Cyclospora Lawsuits [Fresh Express Bagged Lettuce Linked to Cyclospora Outbreak](https://marlerclark.com/bagged-lettuce-sold-by-aldi-hy-vee-and-jewel-osco-grocery-stores-recalled-after-cyclospora-outbreak) [Cyclospora Tainted Cilantro Sickens 495 in United Sates](https://marlerclark.com/cyclospora-tainted-cilantro-sickens-457-in-united-sates) [Nationwide Cyclospora Outbreak: Iowa & Nebraska Cases Linked to Bagged Salad, Cilantro](https://marlerclark.com/cyclospora-outbreak-in-midwest-linked-to-fresh-produce) ### Lawsuit updates about foodborne illnesses [Reactive Arthritis Lawsuit Updates](/news_events/case-news?illness=reactive-arthritis&year=all) [E. coli Lawsuit Updates](/news_events/case-news?illness=e-coli&year=all) [Guillain-Barre Syndrome Lawsuit Updates](/news_events/case-news?illness=guillain-barre-syndrome&year=all) [Salmonella Lawsuit Updates](/news_events/case-news?illness=salmonella&year=all) [Hemolytic Uremic Syndrome Lawsuit Updates](/news_events/case-news?illness=hemolytic-uremic-syndrome&year=all) [Listeria Lawsuit Updates](/news_events/case-news?illness=listeria&year=all) [Irritable Bowel Syndrome Lawsuit Updates](/news_events/case-news?illness=irritable-bowel-syndrome&year=all) [Hepatitis A Lawsuit Updates](/news_events/case-news?illness=hepatitis-a&year=all) [Norovirus Lawsuit Updates](/news_events/case-news?illness=norovirus&year=all) [Botulism Lawsuit Updates](/news_events/case-news?illness=botulism&year=all) [Campylobacter Lawsuit Updates](/news_events/case-news?illness=campylobacter&year=all) [Shigella Lawsuit Updates](/news_events/case-news?illness=shigella&year=all) [Cyclospora Lawsuit Updates](/news_events/case-news?illness=cyclospora&year=all) ### Lawsuits updates by year [Foodborne Illness Lawsuits in 1998](https://marlerclark.com/news_events/case-news?illness=all&year=1998) [Foodborne Illness Lawsuits in 1999](https://marlerclark.com/news_events/case-news?illness=all&year=1999) [Foodborne Illness Lawsuits in 2000](https://marlerclark.com/news_events/case-news?illness=all&year=2000) [Foodborne Illness Lawsuits in 2001](https://marlerclark.com/news_events/case-news?illness=all&year=2001) [Foodborne Illness Lawsuits in 2002](https://marlerclark.com/news_events/case-news?illness=all&year=2002) [Foodborne Illness Lawsuits in 2003](https://marlerclark.com/news_events/case-news?illness=all&year=2003) [Foodborne Illness Lawsuits in 2004](https://marlerclark.com/news_events/case-news?illness=all&year=2004) [Foodborne Illness Lawsuits in 2005](https://marlerclark.com/news_events/case-news?illness=all&year=2005) [Foodborne Illness Lawsuits in 2006](https://marlerclark.com/news_events/case-news?illness=all&year=2006) [Foodborne Illness Lawsuits in 2007](https://marlerclark.com/news_events/case-news?illness=all&year=2007) [Foodborne Illness Lawsuits in 2008](https://marlerclark.com/news_events/case-news?illness=all&year=2008) [Foodborne Illness Lawsuits in 2009](https://marlerclark.com/news_events/case-news?illness=all&year=2009) [Foodborne Illness Lawsuits in 2010](https://marlerclark.com/news_events/case-news?illness=all&year=2010) [Foodborne Illness Lawsuits in 2011](https://marlerclark.com/news_events/case-news?illness=all&year=2011) [Foodborne Illness Lawsuits in 2012](https://marlerclark.com/news_events/case-news?illness=all&year=2012) [Foodborne Illness Lawsuits in 2013](https://marlerclark.com/news_events/case-news?illness=all&year=2013) [Foodborne Illness Lawsuits in 2014](https://marlerclark.com/news_events/case-news?illness=all&year=2014) [Foodborne Illness Lawsuits in 2015](https://marlerclark.com/news_events/case-news?illness=all&year=2015) [Foodborne Illness Lawsuits in 2016](https://marlerclark.com/news_events/case-news?illness=all&year=2016) [Foodborne Illness Lawsuits in 2017](https://marlerclark.com/news_events/case-news?illness=all&year=2017) [Foodborne Illness Lawsuits in 2018](https://marlerclark.com/news_events/case-news?illness=all&year=2018) [Foodborne Illness Lawsuits in 2019](https://marlerclark.com/news_events/case-news?illness=all&year=2019) [Foodborne Illness Lawsuits in 2020](https://marlerclark.com/news_events/case-news?illness=all&year=2020) [Foodborne Illness Lawsuits in 2021](https://marlerclark.com/news_events/case-news?illness=all&year=2021) [Foodborne Illness Lawsuits in 2022](https://marlerclark.com/news_events/case-news?illness=all&year=2022) [Foodborne Illness Lawsuits in 2023](https://marlerclark.com/news_events/case-news?illness=all&year=2023) [Foodborne Illness Lawsuits in 2024](https://marlerclark.com/news_events/case-news?illness=all&year=2024) [Foodborne Illness Lawsuits in 2025](https://marlerclark.com/news_events/case-news?illness=all&year=2025) [Foodborne Illness Lawsuits in 2026](https://marlerclark.com/news_events/case-news?illness=all&year=2026) ##### Get Help #### Affected by an outbreak or recall? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ Get a free consultation ](https://marlerclark.com/contact) ##### Related Resources ###### [Cyclospora Food Poisoning](https://marlerclark.com/foodborne-illnesses/cyclospora/what-is-cyclospora) What is Cyclospora cayetanensis? Cyclospora cayetanensis is a unicellular, microscopic parasite that can cause food- or water-related gastrointestinal illness. The oocyst form of the parasite is chlorine-resistant and must sporulate... ###### [Epidemiology of Cyclospora](https://marlerclark.com/foodborne-illnesses/cyclospora/epidemiology-of-cyclospora) Cyclosporiasis is an intestinal illness caused by the protozoan parasite Cyclospora cayetanensis, which is transmissible by ingestion of food or water contaminated with sporulated oocysts. Most cases of cyclosporiasis occur... ###### [Cyclospora’s Mode of Infection](https://marlerclark.com/foodborne-illnesses/cyclospora/cyclosporas-mode-of-infection) The modes of transmission of C. cayetanensis are still not completely understood. Direct person-to-person transmission is unlikely because the oocysts are not infectious when initially shed (unlike Cryptosporidium, another foodborne... ###### [Symptoms of Cyclospora Infection](https://marlerclark.com/foodborne-illnesses/cyclospora/symptoms-of-cyclospora-infection) What are the typical symptoms of Cyclospora infection? Cyclospora infects the small intestine (bowel) and usually causes watery diarrhea, bloating, increased gas, stomach cramps, flatulence, loss of appetite, nausea, low-grade... ###### [How is Cyclospora Diagnosed?](https://marlerclark.com/foodborne-illnesses/cyclospora/how-is-cyclospora-diagnosed) Cyclosporiasis is usually diagnosed symptomatically in clinical settings, including the presence of watery diarrhea, abdominal cramping, and bloating. In untreated, immunocompetent people, the diarrhea can last from days to weeks... ##### Outbreak Database #### Looking for a comprehensive list of outbreaks? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ View Outbreak Database ](https://outbreakdatabase.com)