A Wattsburg man is suing Taylor Farms claiming that he was sickened with cyclosporiasis after eating the California-based grower’s contaminated lettuce three times at an Erie-area Taco Bell.
Lawyers for Joshua Cox filed the lawsuit Sept. 23 in U.S. District Court in Erie. Cox is seeking at least $75,000 in damages, according to the lawsuit.
Cox’s lawsuit is one of many filed nationwide following this summer’s cyclosporiasis outbreak that sickened nearly 20,000 people, including at least 242 in Erie County. One of those other lawsuits was filed Aug. 18 in U.S. District Court in Pittsburgh by a Mercer County resident.
“We have 10 or so lawsuits filed on this subject and many more that we are prepared to file,” said Brian Ernst, who represents Cox as a lawyer with Marler Clark, a Washington state law firm that specializes in food safety cases.
A majority of the cyclosporiasis cases nationwide have been traced to bagged lettuce from Taylor Farms that was sold at stores and served at Taco Bell restaurants. About 70% of the county’s confirmed cases involved people who ate at a Taco Bell, Erie County Department of Health officials have said.
Cyclosporiasis is a gastrointestinal illness caused by cyclospora, a tiny parasite sometimes found on lettuce and other vegetables. The illness’ main symptom is watery, explosive diarrhea that can last between a week and a month.
The lawsuit claims Taylor Farms was liable for having contaminated food, and breached expressed and implied warranties that its lettuce was fit for human consumption.
It also claims the grower was negligent for failing to adequately maintain or monitor the sanitary condition of its growing and harvesting operations, processing facilities, equipment, products and employees.
The lawsuit does not list Taco Bell as a defendant.
“We believe Taylor Farms is strictly liable for the harm they caused,” Ernst said.
What foods did Cox eat at Taco Bell?
Cox purchased food at Taco Bell, 6935 Peach St., on June 25, June 29 and July 6 — before Taylor Farms issued a recall on July 17.
His meals all contained shredded lettuce, according to the lawsuit. They included:
- A Supreme Luxe Box containing a chicken chalupa supreme, beefy 5-layer burrito and a soft taco;
- A Build Your Own Luxe Cravings Box containing a cheesy gordita crunch, bean burrito, and potatoes with sour cream;
- A Classic Luxe Box containing a beefy 5-layer burrito, soft taco, and cinnamon twists.
Cox went twice to Erie emergency departments for treatment
Cox began feeling sick around July 7. His symptoms included diarrhea, weight loss and fatigue — all consistent with cyclosporiasis. He went to the LECOM Medical Center emergency department but was not admitted, Ernst said.
The symptoms continued intermittently for several weeks until Cox visited AHN Saint Vincent’s emergency department on Aug. 4, according to the lawsuit. He saw his primary-care physician the next day and submitted a stool sample for cyclospora testing.
The result was positive for cyclosporiasis.
“He was given, I believe, (the antibiotic) Bactrim by his primary care doctor and had a couple of follow-up visits,” Ernst said.
Cox is seeking compensation for missed work, medical costs, and his pain and suffering, according to the lawsuit.
Attorneys for Taylor Farms have 60 days from the lawsuit’s filing date to respond, Ernst said. The grower’s media relations team declined “to comment on pending litigation.”
Taylor Farms addressed the outbreak over the summer in a statement on its website.
“When questions were raised about the source of the recent Cyclospora outbreak, we immediately removed all potentially implicated product from the marketplace, and out of an abundance of caution we issued an even broader recall of all iceberg lettuce sourced from the region.”
