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Marler Clark Files the First Case in National Cyclospora Outbreak

Ouray, CO – The Cyclospora attorneys at Marler Clark have filed the first lawsuit in a nationwide Cyclospora outbreak that has sickened 210 individuals in 22 states. The lawsuit was filed on behalf of Walter Wilson against Tacos del GNAR, in the District Court of Ouray County, Colorado. Mr. Wilson is represented by Seattle based, Marler Clark, the Nation’s Food Safety Law Firm, and local counsel, Montgomery, Little & Soran, PC. Complaint #2023CV30009, see below.

On May 17, 2023, Mr. Wilson, a resident of Grand Junction, purchased and consumed a GNAR salad with ahi tuna from the Taco Del GNAR restaurant located at 630 Sherman St., Ridgeway Colorado. Ten days later he began to suffer from violent diarrhea, fatigue, weakness, weight loss and loss of appetite. Following several days of increasingly intense symptoms, Mr. Wilson drove himself to the emergency department for an evaluation. On June 3, 2023, a test revealed that he was positive for Cyclospora, a parasite associated with eating fresh fruits and vegetables. Antibiotics were prescribed and after several days, he began to have some relief from his symptoms. According to the Colorado Department of Health, at least 60 cases have been linked to Tacos del GNAR.

“Cyclospora outbreaks in the past were caused by imported fruits or vegetables, however, in the last several years many of the outbreaks have been caused by U.S. grown products,” said Bill Marler of Marler Clark. “Growers, processors and the FDA, need to do much more to protect consumers from the nasty parasite,” added Marler.

What we know about the current Cyclospora outbreak

  • As of July 20, 2023, a total of 210 laboratory confirmed cases of cyclosporiasis have been reported in 22 states.
  • Illness onset dates range from April 1-June 9, 2023.
  • 30 people have been hospitalized; no deaths have been reported. The true number of illnesses is likely higher, as people often recover without medical care and are not tested for Cyclospora.
  • 20 cases were reported in Georgia and Alabama and positively linked to raw broccoli. However, broccoli was not a food ill people in other states consumed, therefore, no specific food items has been identified yet as a source of the other illnesses.
  • States reporting Cyclospora cases include - Arizona, Alabama, California, Colorado, Connecticut, Florida, Georgia, Illinois, Maryland, Minnesota, Michigan, Nebraska, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, Wyoming.

For more information on Cyclospora, see What you need to know about Cyclospora during an Outbreak.

    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 illness infections and have recovered over $850 million for clients in the last 30 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 .

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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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