A couple is suing the fast-food chain Wendy’s after claiming a cheeseburger put the wife in an intensive care unit for a month. The lawsuit, filed in the federal court on Wednesday, is seeking damages in excess of $150,000 (£121,200) from The Wendy’s Company, Wendy’s International Inc, and Haza Foods of Louisiana, LLC.
Plaintiffs Jena and Michael Vogt brought the case forward after arguing the former was rendered seriously ill and their marriage was deeply affected by the incident.
They say Jena was enjoying a double cheeseburger from a Wendy’s restaurant on James Park West in St Rose, Louisiana.
The couple alleged in the lawsuit filed in the Eastern District of Louisiana federal court in New Orleans: “The double cheeseburger consumed by Mrs Vogt contained a preformed toxin and that resulted in a food-borne contamination.
JUST IN: ‘Tide has turned’ against Harry and Meghan as Americans are sick of Sussexes
“Alternatively, the double cheeseburger consumed by Mrs Vogt became contaminated via improper food maintenance, such as poor handwashing procedures resulting in food contamination.”
The lawsuit also claimed that Jena felt “nauseous and began to have gastrointestinal abnormalities” within 24 hours of her trip to Wendy’s on July 27, 2022.
The wife was later taken to the emergency room of North Oaks Medical Center in Hammond by ambulance after her condition worsened.
The lawsuit says Jena was admitted out of concern for a “myriad of diagnoses”.
This included E coli infection, acute gastrointestinal bleeding, septic shock, cerebral haemorrhage and severe sepsis.
Michael has been named as his wife’s primary caretaker following the incident.
This has reportedly resulted in “endured changes in their marital relationship, including a loss of consortium”.
Consortium in the context of family law is regarded as “the benefits a spouse is entitled to receive from their partner including companionship, cooperation, affection, aid, financial support and sexual relations”, according to Cornell University Law School.
Express.co.uk has approached Wendy’s for comment.
Follow our social media accounts here on facebook.com/ExpressUSNews and @expressusnews
