Wisconsin Resident Sues Kwik Trip, Del Monte Produce Over Parasitic Infection

A Wisconsin resident is suing Kwik Trip and Del Monte Produce after she contracted a parasitic infection from a vegetable tray.

Averie Goodman, of Eau Claire, filed the lawsuit in Eau Claire County Circuit Court on Thursday.

Her lawyer, Ryan Osterholm, said she’s seeking compensation for pain and suffering, medical expenses and lost wages as a result of a cyclospora infection.

The state Department of Health Services found several cases of the parasite were linked to Del Monte vegetable trays sold at Kwik Trip stores in May.

“From a practical standpoint, this is going to be Del Monte’s issue and Del Monte’s insurance company that is really the one who is likely to be having to deal with this,” said Osterholm, who is also representing a Minnesota resident in a similar lawsuit against the two companies. “However, I don’t think it’s fair to just let Kwik Trip totally off the hook here.”

Osterholm said he believes Kwik Trip is also liable for selling the products that caused the outbreak.

“We pulled the 6 ounce and 12 ounce Del Monte veggie trays from our stores as soon as we were informed and of course, are cooperating with health officials in their investigations,” Kwik Trip spokesman Steve Wrobel said in an email.

Cyclospora is a parasite commonly found in developing countries. But a state health official said outbreaks linked to imported fresh produce often occur in Wisconsin and other states during the summer months.

“Many years, we have single-digit numbers of cases. Occasionally, we’ll see as many as 20-some cases,” said Ryan Wozniak, from DHS’s Bureau of Communicable Diseases.

Osterholm said this has been the largest outbreak of cyclospora he’s seen.

“There are people sick all over the state who purchased this product at Kwik Trip because frankly there’s a Kwik Trip in almost every town. So (Goodman’s) story is really not unique to the what I think is hundreds of people who are suffering cyclospora in Wisconsin right now,” he said.

There have been 30 confirmed cases in Wisconsin and 20 cases in Minnesota, according to the Associated Press. The AP also reported the Minnesota Department of Health said 17 more people reported feeling sick after eating at a Minneapolis restaurant.

Osterholm said he expects that number to continue to increase as more people are tested for the infection.

“Most folks that I represent have been to the doctor several times and this isn’t that common so this wasn’t what the medical providers were looking for,” Osterholm said.

Del Monte Produce did not return a request for comment.