The Houston law firm of Simon & Luke, along with local counsel, Miller Grell Law Group, filed another lawsuit in Lancaster County stemming from a multistate Cyclospora outbreak linked to salad mix produced by Taylor Farms of Mexico and served at Olive Garden Restaurants.

The lawsuit filed Monday in Lancaster County District Court was on behalf of Erin May, identified by the Simon & Luke law firm as a pregnant woman from Firth, against Olive Garden, its owner, Darden Group, Taylor Farms and unknown others.

According to the lawsuit, she consumed the salad at the Olive Garden restaurant at Gateway Mall in Lincoln. 

Shortly thereafter, she began to experience diarrhea, vomiting, nausea, fever and chills, dehydration, loss of appetite and related weight loss, the lawsuit said. She initially was diagnosed with gastroenteritis, and her symptoms were considered pregnancy-related, it said.

By mid-July, the symptoms were not improving, she again sought treatment and she tested positive for Cyclospora parasite, the lawsuit said.

She was prescribed the sulfate-antibiotic Bactrim for two weeks, according to a news release from the Simon & Luke law firm.   That decision to treat her with Bactrim was complex, given the "considerable controversy" regarding treatment of a pregnant woman with a category C drug, the law firm said.

She is one of 87 Nebraskans made ill in a nationwide Cyclospora outbreak that has grown to 539 confirmed cases in 19 states, according to the Centers for Disease Control and Prevention.

The Nebraska cases have been linked by the Nebraska Department of Health and Human Services to consumption of salads served at Olive Garden and Red Lobster locations. Taylor Farms has since suspended its operations in Mexico.

Simon said in a news release he represents dozens of Cyclospora victims nationwide and expects to file additional lawsuits.

Last week, he filed a lawsuit in Lancaster County on behalf of Rich Sanguinetti, a former Cornhusker baseball player from Midlothian, Texas, and his mother Laurenda. Both ate salad at the Olive Garden at Gateway Mall.

Both were diagnosed with cyclosporiasis, the law firm said.


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