A Minnesota woman has filed a lawsuit against Andrew & Williamson Fresh Produce, distributor of garden cucumbers believed to have caused the salmonella outbreak that has already killed one and affected at least 300 people in more than 25 states.
Kathleen Dvergsten, 71, lives in Farmington, Minnesota. On August 12, she decided to take a trip to Red Lobster, which is close to her home, and ate their salad. About two days after eating the meal, she developed stomach flu symptoms, including abdominal cramps, diarrhea, and fever.
Because her symptoms worsened, she was sent to the hospital where she stayed for a few days before she was transferred to a rehab center and spent six more days. During the course of her examination, she tested positive for the same salmonella strain called Salmonella poona reported to have been found in the green cucumbers.
According to her lawsuit, which was filed by Marler Clark on her behalf, the produce company has the responsibility in ensuring that the cucumbers they sell are safe to eat.
Based on the investigation conducted by the Centers for Disease Control and Prevention (CDC) and the local health officials of the affected states, the cucumbers, the types of which are ideally eaten raw and mixed in salads, are sold under the Limited Edition brand. They were grown by Rancho Don Juanito, which operates in Mexico, and were distributed from August 1 to September 3. The produce, further, has been most likely distributed in restaurants and groceries, where they were sold inside bulk bins and may no longer have any label to indicate where they came from.
The company has already issued a voluntary recall, but it may already be a little too late since a 91-year-old California woman had died due to complications. Salmonella is particularly dangerous among seniors due to their weaker immune system.
The company has since issued a statement, saying they are cooperating with the investigation but refused to comment about the lawsuit.