A customer is suing Wendy’s after she says eating a double cheeseburger at a Louisiana franchise left her hospitalized for a month and left with long-term health problems, according to court documents filed March 29.
The cheeseburger contained a “preformed toxin” that gave her foodborne contamination, the lawsuit says. The burger was contaminated due to “improper food care such as poor hand washing practices,” the lawsuit says.
Wendy’s did not respond to a request for comment from McClatchy News.
According to the lawsuit, on July 27, Jena Vogt ordered a medium combo double cheeseburger from a Wendy’s in St. Rose, Louisiana.
“Within (24) hours of eating Wendy’s double cheeseburger, Ms. Vogt felt nauseated and began to have gastrointestinal abnormalities,” the lawsuit reads.
When she started showing symptoms on July 28, she was taken to a hospital by ambulance, according to the complaint.
She has been diagnosed with a “myriad” of problems, including “E. coli, acute GI bleeding, septic shock, cerebral hemorrhage and severe sepsis,” the complaint said.
Vogt spent a month in intensive care, where she was being treated for “several serious medical conditions,” the complaint said. She was transferred to another hospital on August 31 and released for home care on September 28, the lawsuit says.
As a result of eating the cheeseburger, Vogt suffered “serious injuries,” “past and future ailments and physical impairments,” and “mental pain and suffering,” the lawsuit states. She has also suffered “past and future medical expenses” and “past and future lost income opportunity and loss of enjoyment of life,” the lawsuit states.
According to the lawsuit, Vogt’s husband, Michael Vogt, also suffered from his wife’s illness. He was her primary carer and has endured “changes in their marital relationship, including a loss of consortium,” the lawsuit says.
Wendy’s was negligent in sourcing food served at its St. Rose, Louisiana franchise, failed to adhere to safe food supply chain practices, failed to properly prepare and inspect food served, and failed to ensure that food served Food was properly prepared, washed and not contaminated. says the lawsuit.
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The lawsuit seeks over $75,000 in damages for Michael and Jena Vogt.
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