In June of 2019, the Florida Department of Health in Duval County (DOH-Duval) was notified by Cooper’s Hawk Winery’s manager about a potential foodborne illness outbreak after over a dozen employees who ate at the restaurant fell ill with a gastrointestinal illness (food poisoning). On Sunday, June 23rd, DOH-Duval was further notified that out of a party of 17 guests who dined at the Winery, all except one became ill and were experiencing symptoms. This prompted the Health Department to open an investigation the following day, June 24th.
As time went on, more people came forward, especially after the outbreak was made public. According to DOH-Duval, there were at least 153 “identified case victims”. The criteria for being an “identified case victim” was a person who ate at Cooper’s Hawk from June 11-24, 2019, who subsequently developed diarrhea plus one other symptom (e.g., nausea, vomiting, abdominal cramps, fever, headache), and who then received a positive laboratory test for Cyclospora.
Through an exhaustive trace-back investigation, the culprit was found to be adulterated basil, purchased through a third-party supplier – The Garden. The stream of commerce began in Mexico, with Siga Logistics, and then to the Florida-based U.S. company Harvest Sensations. Harvest Sensations was “one of the primary distributors” who, in the case of this outbreak cluster, gave it to another company, The Garden, who then distributed it to Cooper’s Hawk. All three companies have been included in the investigation and recent court proceedings, with a recent amended lawsuit seeking to hold them accountable for their actions.
Now, several years after the announcement of the Mexican adulterated basil outbreak, an Amended Complaint has been filed by Ron Simon & Associates. With a three year statute of limitations, some victims are still looking for compensation for how they suffered. This most recent filing is on behalf of Plaintiffs’ Krista Eberle and Pamela Kuruce.
After consuming the Ahi Tuna and Brussel Sprouts Salad, Krista Eberle fell ill with the most common symptoms pointing to Cyclospora: bloating, nausea, diarrhea, and abdominal cramping. After seeing her doctor and receiving her differential diagnosis of enterocolitis, it took Krista two months to recover. As for Plaintiff Pamela Kuruce, she similarly reported symptoms shortly after dining at Cooper’s Hawk Winery and Restaurant, and took several weeks to recover.
According to the Amended Complaint, the Plaintiffs have claimed that they have suffered damages in excess of $50,000, and demand a jury trial for all triable claims.
They are also seeking judgment against the Defendants for the following:
a. Past and future economic and non-economic damages;
b. Court costs;
c. Pre- and post-judgment interest at the highest rate allowed by law; and
d. For such other relief as the Court deems just and proper.
The food poisoning attorneys with Ron Simon & Associates, who have been associated on this case with local attorneys from Levin, Papantonio, Thomas, Mitchell,
Rafferty & Proctor, P.A., stated in an email: “It is our hope that we have made this process easier for those affected by the Cooper Hawk outbreak, and have made sure that those gravely affected have/will receive just compensation.”
