Three individuals from Southern Minnesota have filed what is believed to be the first lawsuit after at least 79 people in nine states became ill from eating Hy-Vee Spring Pasta Salad last month.

According to the Star Tribune the three plaintiffs, Kami Rogers of Stewartville, Minn., her son Tyler Rogers of Pine Island, and her mother Margaret Reiner of Chatfield, ate the tainted pasta salad in early July and became sickened by it within a few days.

Kami Rogers bought the salad on July 5 at the Hy-Vee on Service Drive in Winona, Minn., according to the lawsuit filed Tuesday in U.S. District Court in Minnesota.

Des Moines-based Hy-Vee voluntarily recalled the store-brand pasta sold in containers and in Hy-Vee deli cases produced between June 1 and July 13 in all 244 Hy-Vee stores in eight states, according to the U.S. Food and Drug Administration. The pasta was produced at D & D Foods Inc. in Omaha, a Hy-Vee subsidiary. The containers had expiration dates ranging from June 22 to Aug. 3.

Since the outbreak, eighteen people have been hospitalized according to the Centers for Disease Control, with no deaths reported. Illnesses started as early as June 21 and as late as July 15.

A dollar amount is not specified in the suit, but Marler said he believes it to be more than $75,000.

In 2015 and 2017, D & D recalled macaroni salad and pepperoni pizza for Hy-Vee that were not adequately labeled for certain ingredients, such as milk, wheat, and lecithin.

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