Ridgway, CO – The Cyclospora attorneys at Marler Clark have filed the second lawsuit in a nationwide Cyclospora outbreak that has sickened 210 individuals in 22 states. The lawsuit was filed on behalf of Patricia Pitts against Taco 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 # 2023CV30010.
On June 5, 2023, Ms. Pitts purchased a buffalo chicken taco, and a shrimp taco at the Taco del GNAR restaurant located at 630 Sherman St., Ridgway, CO. Immediately after ordering and paying for her order, Taco del GNAR closed for business claiming a “kitchen emergency”. Before leaving, Ms. Pitt’s was served her food in a to-go container. She proceeded to take the two tacos and accompanying tater tots and beans to her house and ate them in her home.
On June 14, 2023, Ms. Pitts began to experience diarrhea, nausea, body aches, and fatigue. Her symptoms became so significant that she could not stay at work. She experienced multiple episodes of diarrhea, often occurring several times in an hour. She felt embarrassed and physically miserable.
On June 15, 2023, Ms. Pitts learned through a co-worker that there was a Cyclospora outbreak at the Taco Del GNAR. When she contacted the health department, they suggested she seek medical treatment immediately as she was likely a victim of the current Cyclospora outbreak. A test revealed that she was positive for Cyclospora, a parasite associated with eating fresh fruits and vegetables. Antibiotics were prescribed; however, Ms. Pitts continues to experience on-going symptoms of her Cyclospora infection.
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.
- Nearly 60 Cyclospora illnesses in Colorado have been linked to Taco del GNAR.
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 bmarler@marlerclark.com .
2023 06 23 1 PATRICIA PITTS COMPLAINT (pdf)