Lawsuit filed against Kwik Trip, Del Monte by victim sickened after eating vegetable trays

EAU CLAIRE -- A lawsuit has been filed against Kwik Trip and Del Monte Fresh Produce after a female victim allegedly contracted a Cyclospora infection after eating a vegetable tray sold at the Kwik Trip on North Hall Road and US 12 in Eau Claire in May.

The suit seeks compensation for pain and suffering, medical expenses, lost wages and other damages.

According to documents filed with the court, the plaintiff purchased multiple Del Monte vegetable trays from the Kwik Trip store from May 14 through May 29. On or about May 30, the plaintiff began suffering symptoms of a Cyclospora infection, also referred to as cyclosporiasis. She sought medical care on June 8 and was diagnosed with a Cyclospora infection on June 9. She continues to suffer symptoms and fatigue from her illness, according to a news release from her attorneys.

“This is the first of many lawsuits we are preparing to file on behalf of people sickened in this outbreak in Wisconsin and Minnesota,” said Ryan Osterholm, attorney.

The release notes the Wisconsin Department of Health Services informed the public of the outbreak on June 8. At that time, consumers were warned not to consume the following products:


    Cyclospora is a protozoan that causes severe gastroenteritis in humans called cyclosporiasis. Symptoms of cyclosporiasis include watery diarrhea, loss of appetite, cramping, nausea, fatigue, fever, dehydration and weight loss. Untreated, these symptoms can last several months or longer.