Family Sues Wendy’s for $20M After E.coli Infection Leaves Daughter In Critical Condition

A Michigan family has filed a $20 million lawsuit against Wendy’s after their daughter survived a severe E.coli infection after dining at a local restaurant in Jenison. After softball practice, the family purchased a meal consisting of a hamburger, chicken nuggets, and fries on August 1, 2022, which caused 11-year-old Aspen Lamfers to develop hemolytic uremic syndrome.

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Aspen started to develop symptoms of E.Coli such as nausea, diarrhea, and fever, but her condition quickly deteriorated three days after eating the meal. She was hospitalized on August 7, 2022, and faced critical health challenges, including brand, kidney, and pancreas damage, seizures, paralysis on her left side, and stage 3 kidney failure. Aspen underwent dialysis and an insulin drip due to pancreatic damage. According to the Daily Mail , she was hospitalized for four weeks and spent two weeks in intensive care stay, followed by a transfer to a rehabilitation hospital on September 1. She underwent several therapies, including speech, occupational, and physical therapies, until her release on September 9.

Her family filed the lawsuit on April 1 against Meritage Hospitality Group, which owns the Wendy’s location, seeking $20 million in damages. Documents state that the restaurant had several health violations during the summer of 2022, including improper food storage temperatures, unhygienic practices, and moldy and spoiled food. Further investigations revealed that the Wendy’s had two critical health inspections that summer, which found numerous violations, such as overly diluted sanitizing solutions, undated produce, and improperly cleaned food contact surfaces.

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Based on the findings, the conditions most likely contributed to the cross-contamination that led to Aspen’s illness. The restaurant was temporarily closed for staff retraining on food safety and hygiene but was reopened on the same day Aspen and her family purchased the meal. Thomas Worsfold, the family’s attorney, highlighted the grave nature of the case, noting that medical staff considered Aspen’s survival almost miraculous given the severity of her condition. The legal claim details that past medical expenses amounted to $500,000, with an estimated $1.6 million in future medical costs and a $5 million loss in future earning potential due to her permanent injuries.

‘She was that close to dying. Her parents try to balance being thankful that Aspen is doing as well as she is now with all of the challenges she still faces. If you look at those health department reports and just the hygiene and food safety practices by employees in that restaurant, you’re almost guaranteed there to be cross-contamination.’

A spokesperson for Wendy’s said:

‘We take the health and safety of our customers very seriously. We deny any wrongdoing or failure of our food safety practices in these cases. We cannot provide further comment in light of the open litigation.’

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