First lawsuit filed over Cyclospora outbreak

[00:00:00]All right, welcome back. New data from the CDC shows more than 11,500 cases of this debilitating diarrhea caused by a parasite, Cyclospora, have been reported in more than now 41 states. Just a couple days ago it was only 31 states, including here in Colorado. The federal investigation into the outbreak is not done yet, but legal action has already begun. The first lawsuit tied to this outbreak was filed this week in Michigan, naming Taco Bell.

[00:00:28]The lawsuit claims the lettuce served at the chain was contaminated and supplied by Taylor Farms. 9News legal analyst Whitney Trailor is here with us now to talk more about this. First, I'm just wondering, I mean, you sort of expect something like this, but what do you think about the merits of what you've seen so far from the lawsuit?

[00:00:47]>> Well, I think it has merit. And, you know, every lawsuit comes down to two issues, liability and damages. So, did they do something wrong? And it looks like here that it can be traced back to Taco Bell and Taylor Farms because the FDA did a trace back. So, what that means is of all the patients they interviewed, 90% of them it pointed back to Taylor Farms and their lettuce that they used at Taco Bell. So, I think there's some merit in that regard. The damages, that's the issue. So, did if it's proven that Taylor Farms and Taco Bell did something wrong, which it appears to, what is that worth? You know, if somebody had some of these symptoms, if they missed a couple of days of work, that kind of thing, how much is a jury going to going to award them? So, to answer your question, yes, I believe there is merit.

[00:01:34]>> I mean, let's be honest. Late night hosts have been joking about it.

[00:01:37]Everybody's because of the way it was described. There are a lot of people giggle about. Some people though have been sick for like weeks. So, that probably changes it a little bit. Does that mean there will be I mean, first of all, you probably expect a lot of people to jump on.

[00:01:52]>> Jump on the case?

[00:01:53]>> Yeah.

[00:01:53]>> Yeah, okay.

[00:01:54]>> Jump on, so to speak. Like, join the case.

[00:01:56]>> Yes, you would There There may be more people joining the case, but you kind of hit the nail on the head with respect to the injuries or the damages. So, most class action people suffer the same injury. Uh they were overcharged something or there was something wrong with their receipt. So, it's easy to kind of come in as a group. Here, you're going to have a number of different damages because some people went to the hospital. Some people, you know, they were going to the bathroom 30 to 40 times a day. So, those are are different. So, you're going to see a lot more lawsuits, maybe not a class action.

[00:02:29]>> All right. So, you have Oh, go ahead.

[00:02:30]>> Yeah, no. And that's It's interesting you bring that up, but I'm like the Taco Bell thing and Taylor Farms and then like Taylor Farms is the main cause though. But, Taco Bell has money.

[00:02:40]>> Well, I'm sure Taylor Farms has money as well cuz they probably both have insurance. But, here the investigation isn't over yet and this is a classic sort of product liability issue because what if Taylor Farms said it was the grower or somebody, right? Because Taylor Farms was just a supplier and producer. So, there were other people in the upside of that chain that could have also caused this. It's not likely. Most people are pointing to Taylor Farms, but >> But, that's why the investigation isn't over.

[00:03:10]>> Yep.

[00:03:11]>> All right. So, just back to damages because anybody who's had any experience as you have with the law, damages it's sort of easier to get to the point where you're talking about damages than it is to actually calculate the damage. I mean, people seek damages for loss of limbs and loss of life and these things that that they're awarded money for, but you know, running to the bathroom as you know, 30 40 times a day, how do you calculate something like that? No, that's a great question and that's really what a lot of lawsuits come down to is >> uh how to quantify what the damages were cuz economic damages are easy. I missed 3 days of work. I make this much. We calculate it, you know, my car is messed up, whatever. But these non-economic damages, it's hard to say what they are.

[00:03:56]And that's really This is a jury trial.

[00:03:58]They requested a jury. So, how persuasive can the lawyer be on those damages? And so, you will support those non-economic damages, you know, say pain and suffering. How many ER visits did they have? Are they being prescribed pain pills? Have they gone to a therapist? These are all things that evidence, yeah, this person was literally hurt. If you have you didn't miss any sleep, you didn't miss any work, you haven't seen a doctor, that person you're going to say, "Uh, that's not worth as much." So, it's uh it's it's case by case um analyzed.

[00:04:32]>> Hm.

[00:04:33]Either way, I don't see either company wanting this to go to trial. They just It's a lot of eyes on it.

[00:04:38]>> So, like like >> Yes.

[00:04:39]>> Okay.

[00:04:40]>> The majority of cases settle. This one will probably as well.

[00:04:43]>> I hope it thanks.

[00:04:44]>> All right. Thank you.

[00:04:44]>> [snorts]