In many cases, individuals who suffer from food poisoning after eating at a restaurant can recover damages for medical expenses by filing a personal injury claim. In two recent cases, lawsuits have been filed against Taylor Fresh Foods, Inc. and the Darden Corporation alleging that two customers contracted a serious illness, cyclospora. The two plaintiffs ate at Olive Garden restaurants in Iowa and are seeking damages for mental and physical injuries. According to the claim, the disease cyclospora can cause diarrhea for an average of 57 days.
According to a Federal Drug Administration announcement, a salad mix that was sold at Red Lobster and Olive Garden was laden with parasites. The salad was processed by Taylor Farms de Mexico, which supplied Nebraska and Iowa. According to the allegations, Taylor Fresh Foods, Inc. and Darden Corporation failed to ensure the safety and purity of its food product in compliance with federal and state regulations.
One of the plaintiffs, Kelly Kunc, began suffering from fatigue, diarrhea, and cramping seven days after dining at an Olive Garden on June 5, and sought treatment at a hospital. Over the next week she had to return to the emergency room three times. She was diagnosed and treated with Bactrim but was still suffering from symptoms as of the date the lawsuit was filed, August 5.
According to one attorney working on the case, many people are suffering from sudden and explosive diarrhea so severe that they are unable to leave their homes for a month because they must be within 30 seconds of a bathroom. Reportedly, there have been many more cases of people suffering from cyclospora as a result of the contaminated lettuce.
Individuals who suffer food poisoning as a result of negligence and/or improperly packaged, handled, or distributed foods may be able to recover damages through litigation. Taylor Fresh Foods, Inc. and Darden Corporation have been accused of negligence. The plaintiffs are seeking compensation for current and future medical expenses incurred as a result of the allegedly defective products.