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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. 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, is the nation’s leading firm representing victims of Cyclospora outbreaks. The Cyclospora lawyers of Marler Clark 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)
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Related Resources
Cyclospora Food Poisoning

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

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

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

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?

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...

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