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Wendy's meal caused 11-year-old permanent brain damage, suit claims
Newsy
A family is suing Wendy's parent company, claiming its food gave their daughter an E. coli infection that's given her permanent health issues.
It was supposed to be a typical post-sports dinner: Aspen Lamfers headed over to a Wendy's in her Michigan city and ate a hamburger, chicken nuggets and French fries after her team's softball practice. Today, that meal Aspen ate at 11 years old has continued to leave its mark, and her family is taking legal action because of it.
In a lawsuit filed against Wendy's parent company, Meritage Hospitality Group, Aspen's family alleges the Wendy's in Jenison gave her a STEC infection, which occurs when a person eats something contaminated by certain E. coli. A week after her first onset of symptoms, Aspen was diagnosed with hemolytic uremic syndrome, a rare complication from STEC infection that can be life-threatening.
She was soon diagnosed with Stage 3 acute kidney injury/failure, acute encephalopathy — meaning neurological damage — and hyperglycemia from pancreas damage. She had seizures, transient paralysis on her left side, consistent vomiting and other challenges as a result, the lawsuit said.
Records included in the complaint assert that the Wendy's location knew it was in violation of multiple health codes that led Aspen to contract the STEC infection and worsening symptoms thereafter. One Ottawa County Health Department inspection listed in the complaint occurred days before Aspen ate there on Aug. 1, 2022, and lists 17 citations, including moldy food, dirty utensils, undated produce and ineffective sanitizing solutions.
Aspen's mom, who is listed as the plaintiff in the suit, claims this amounts to Wendy's being negligent in keeping its restaurant safe for customers, leaving her daughter to have permanent impairments.