NEW YORK — The national food safety attorneys at Marler Clark filed the first lawsuit today in the United States District Court of Southern District New York against Daily Harvest, Inc., on behalf of Carol Ann Ready of Tulsa, Okla. Ready, according to Marler Clark, became ill with gastrointestinal symptoms after consuming the Lentil + Leek Crumbles from Daily Harvest, a home food delivery company based in New York. She is represented by Marler Clark, and local counsel, Heisman, Nunes & Hull, LLP.
On May 3, 2022, Ready purchased Daily Harvest French Lentil + Leek Crumbles through her online subscription. She consumed the product on May 7, 2022, and later that day began to experience abdominal pain and gastrointestinal distress, accompanied by shoulder pain. The next morning, her symptoms worsened, and her nausea and headache combined with severe abdominal pain led her husband to drive her to the emergency room at St. John's Ascension Medical Center. Multiple blood tests, a urine sample and a CT scan were taken. After receiving pain medication, but no conclusive diagnosis, she was sent home and directed to eat a bland diet.
Without any knowledge of what made her ill, Ready consumed more French Lentil + Leek Crumbles and within 24 hours experienced the same gastrointestinal symptoms as before. This time her pain was so severe that it warranted four days of hospitalization. Testing revealed elevated liver enzymes with liver and gallbladder dysfunction. A week later she underwent surgery to remove her gallbladder. Ready is recovering from her surgery and remains at risk for future health complications.
"We have been retained by nearly 100 people, most with stories nearly identical to Ready. We have had all clients contact the FDA directly to share their symptoms. We are in the process of testing nearly two dozen leftover products to determine what ingredients in these products that would cause such severe symptoms," said Marler Clark partner Bill Marler.
On June 23, 2022, the FDA reported at least 470 ill after consuming Daily Harvest of French Lentil + Leek Crumbles. The company issued a voluntary recall after customers reported gastrointestinal infections resulting in the need for medical care. Approximately 28,000 units of the recalled product were distributed to customers between April 28 and June 17, 2022. The product was sent through online sales, direct delivery to homes as well as through retail sales at a pop-up store in Los Angeles and the Daily Harvest store in Chicago, Ill.
Many of those sickened have turned to various social media platforms to report their symptoms which include vomiting, diarrhea, stomach pain, whole-body itching, dizziness, dark urine, nausea and headache. Many victims of this foodborne illness outbreak have visited the hospital, with infections resulting in the removal of gallbladders.