A Louisiana woman and her husband are suing Wendy’s alleging that a double cheeseburger caused her to be hospitalized in intensive care.
The civil lawsuit against the fast chain chain was filed Wednesday in federal court. According to WVUE data, plaintiffs Jena and Michael Vogt are seeking damages in excess of $150,000 from The Wendy’s Company, Wendy’s International Inc. and Haza Foods of Louisiana, LLC.
Jena Vogt ordered a medium double cheeseburger combo at a Wendy’s restaurant in St. Rose, Louisiana, on July 27. The plaintiffs allege that Jena has long-term health problems and high-cost medical bills as a result of consuming the food that contained a preformed toxin and resulted in foodborne contamination.
“The double cheeseburger consumed by Ms. Vogt was contaminated due to improper food maintenance, such as poor hand-washing procedures that resulted in food contamination,” the couple allege in the lawsuit, according to reports shared by NBC.
The lawsuit says that within 24 hours of consuming the Wendy’s double cheeseburger, Jena became nauseated and began to have gastrointestinal abnormalities. The symptoms allegedly worsened the next morning and she had to be taken by ambulance to the ER at North Oaks Medical Center in Hammond.
The woman was diagnosed with medical problems, including severe sepsis, E.coli, septic shock, brain hemorrhage, and acute gastrointestinal bleeding.
Jena received treatment in the North Oaks intensive care unit, after two months she was transferred to Hood Memorial Hospital in Amite City and finally released for home care on September 28, being cared for at home by Audubon Home Health.
The complaint not only points to Jena’s physical disability and mental anguish, but also how Michael was affected by his wife’s medical issues.
According to the allegations, Jena’s husband endured changes in their marital relationship, including a loss of consortium. The lawsuit lists medical expenses, physical impairment, as well as “lost past and future opportunity for income and loss of enjoyment of life” as part of the damages.
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