A Western Pennsylvania woman is suing Taco Bell and Taylor Farms in federal court after she was hospitalized with cyclosporiasis in July.
The lawsuit was filed Aug. 18 in federal court by Pittsburgh law firm Robert Peirce & Associates, P.C. on behalf of Heather Kebert of Mercer County against Taylor Farms, Taylor Fresh and Taco Bell. The move came after Kebert was hospitalized with cyclosporiasis following a meal at a Taco Bell in Meadville.
"It is important to note that this illness is much more severe than food poisoning," Attorney Robert Peirce told USA TODAY. "This is not a scenario where someone is sick overnight and then feeling better the next day. This parasite can cause lasting consequences in the future, rear its head up at a later date,
and it's important that anyone who believes they've gotten sick from the parasite receive medical attention to help prevent future problems."
Since May, cyclsopora infections linked to lettuce sold by Taylor Farms have sickened thousands and caused two deaths, according to the Centers for Disease Control.
Here's what to know.
Lawsuit alleges Taco Bell, Taylor Farms responsible for not disclosing possible cyclospora contamination
The lawsuit alleged that Kebert ate an Avocado Ranch Chicken Stacker at the Meadville Taco Bell on or around July 7, a meal that contained shredded lettuce distributed by Taylor Farms. She didn't know that the food may be contaminated with cyclospora and would not have purchased it if she were aware, according to the lawsuit.
On or around July 10, Kebert began to experience symptoms of cyclosporiasis, and she was hospitalized on July 12 for two days, the lawsuit said. She was diagnosed with cyclosporiasis through laboratory testing.
The lawsuit alleged that Kebert was injured as a result of buying the meal at Taco Bell and that Taco Bell and Taylor Farms had a responsibility to disclose the possible contamination of the lettuce. Kebert "did not know and did not have a reason to know that the product she purchased and consumed was contaminated with the diarrhea-causing parasite cyclospora." The lawsuit also said she "expected the food she purchased to be safe" and not "contaminated by harmful parasites."
The Avocado Ranch Chicken Stacker "did not conform to what was promised," the lawsuit said, adding that Kebert "would not have purchased and consumed (the food) had she known the truth about the product."
Peirce said Kebert has asked his office to examine the procedures and protocols that "were or were not followed" by Taylor Farms and Taco Bell.
"Her goal is to do everything possible to prevent something like this from happening again and affecting other patrons of fast food restaurants," he said.
Timeline: When did Taylor Farms, Taco Bell pull lettuce infected with cyclospora?
Taylor Farms issued a voluntary recall of iceberg lettuce products on July 17, just 10 days after Kebert consumed the lettuce.
Taco Bell began removing lettuce and cilantro at some of its restaurants in early July, with Taco Bell Corp. telling USA TODAY that it had "voluntarily and temporarily removed limited ingredients at select restaurants as a precautionary measure. We will continue to closely monitor the situation and follow the guidance of public health authorities." There was no confirmed like between Taco Bell or "any specific ingredient, supplier, restaurant or retailer" and cyclospora infections, the company said.
How many cyclospora cases are there in Pennsylvania?
As of Aug. 17, there were between 200 to 499 laboratory-confirmed cases of cyclospora in Pennsylvania, according to the CDC. Nationwide, there have been 15,716 confirmed cases acquired in the United States, 828 hospitalizations and two deaths. There have also been at least 11,841 additional cases of cyclosporiasis that have not been laboratory confirmed or that require further investigation to determine whether they were acquired in the United States.
Allegheny County has seen at least 35 cases of cyclosporiasis through the end of July. Two cases resulted in hospitalizations, the Pennsylvania Department of Health said.
On July 24, Pennsylvania was added to the list of states impacted by an outbreak tied to iceberg lettuce from Taylor Farms. As of Aug. 19, states include Arkarnsas, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Massachusetts, Michigan, Missouri, Nebraska, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania and West Virginia.
Finch Walker is the Pittsburgh Connect Reporter for the USA TODAY Network. Contact Walker at FWalker@usatodayco.com. Instagram: @finchwalker_. X: @_finchwalker.
This article originally appeared on USA TODAY: PA woman suing Taylor Farms, Taco Bell after cyclospora hospital stay
