Robert Peirce & Associates, P.C. has filed a federal lawsuit against Taylor Farms and Taco Bell on behalf of a Mercer County client hospitalized with cyclosporiasis after eating contaminated iceberg lettuce.
Filed August 18, the case is among the first in southwestern Pennsylvania connected to this summer's nationwide outbreak, and it has since drawn coverage from CBS News Pittsburgh and USA Today. Managing Partner Robert Peirce spoke with both outlets about the case and its broader legal implications.
Case Background
Our client, a woman in her late thirties from Mercer County, was sickened after a meal at a Taco Bell in the Meadville area:
- July 7: She ate an Avocado Ranch Chicken Stacker containing shredded iceberg lettuce supplied by Taylor Farms
- July 10: Symptoms began
- July 12: She was hospitalized for two days with severe dehydration and diarrhea
- After discharge: The Pennsylvania Department of Health confirmed a positive cyclospora diagnosis, tracing the lettuce to a Taylor Farms facility in Mexico
The lawsuit alleges that Taylor Farms and Taco Bell had a duty to disclose the possible contamination before the product reached consumers, and that our client would not have purchased the meal had she known of the risk.
Why This Case Involves More Than Ordinary Food Poisoning
Cyclosporiasis differs from a standard case of foodborne illness in both severity and duration. Speaking with CBS News Pittsburgh, Rob explained that recovery from the parasite is often prolonged, noting that it will "take her some time to completely recover."
He offered a similar assessment to USA Today, characterizing cyclosporiasis as an illness that is "much more severe than food poisoning."
That distinction has practical significance for anyone who believes they were affected. Cyclosporiasis is confirmed through laboratory stool testing rather than a clinical exam, which means lab documentation is typically what connects an illness to a specific contaminated product.
Scope of the Outbreak
This case is not an isolated incident. According to the CDC:
- More than 15,700 laboratory-confirmed cyclosporiasis cases have been reported nationwide since May
- Over 800 hospitalizations and two deaths have resulted from the outbreak
- Pennsylvania has recorded between 200 and 499 confirmed cases, including at least 35 in Allegheny County
- More than a dozen states are now affected, following Pennsylvania's addition to the list on July 24
Taylor Farms issued a voluntary recall of its iceberg lettuce on July 17. Taco Bell began removing lettuce and cilantro from select locations earlier that month as a precautionary measure.
Liability for Contaminated Food Products
Cases involving contaminated food frequently implicate more than one responsible party. A grower or processor such as Taylor Farms may be held liable for distributing a contaminated product, while a restaurant such as Taco Bell may bear independent responsibility for serving food it should have verified was safe. Food sold to the public carries an implied assurance that it is fit for consumption, and when that assurance is violated, injured consumers generally have several overlapping legal theories available:
- Strict liability for a defective or contaminated product
- Negligence for failing to test, inspect, or respond to known risk
- Breach of implied warranty that food is safe for its intended use
Timing is also a relevant factor. A restaurant that continued serving an ingredient after a recall took effect faces different legal exposure than one that served it beforehand, and the specific timeline of when a product was consumed often determines how liability is allocated among the parties involved.
Considerations for Others Affected by This Outbreak
Our client is unlikely to be the only individual pursuing a claim connected to this outbreak. More than ten federal lawsuits have already been filed nationally. Anyone diagnosed with laboratory-confirmed cyclosporiasis after consuming food tied to the recalled Taylor Farms lettuce may have a comparable claim, regardless of the specific restaurant involved. The relevant facts in these cases typically include:
- The date the food was consumed
- The onset date of symptoms
- Laboratory confirmation of the cyclospora diagnosis
Medical records, receipts, and a documented timeline are generally the strongest evidence in matters of this kind.
Robert Peirce & Associates, P.C. has asked Taylor Farms and Taco Bell to account for the food safety procedures in place at the time of this incident, and whether those procedures were followed. As a firm with substantial experience in product liability and foodborne illness litigation, we intend to pursue full accountability on our client's behalf.
If you or a family member were hospitalized or diagnosed with cyclosporiasis after eating a product connected to this outbreak, Robert Peirce & Associates, P.C. can help you understand your rights. Call (844) 383-0565 to speak with our team about your case.