A Louisiana couple – Jena and Michael Vogt – filed a lawsuit against Wendy’s Wednesday in the Eastern District of Louisiana federal court. According to the suit, Jena became seriously ill after eating at Wendy’s in St. Rose, near New Orleans.
She ate the double cheeseburger July 27 at the Wendy’s location in the 100 block of James Park West in St. Rose, per the lawsuit as cited by Fox 8.
It claims that Jena “felt nauseous and began to have gastrointestinal abnormalities” within 24 hours of eating the burger. When her symptoms continued the following morning, she was transported to the emergency room at North Oaks Medical Center in Hammond by an ambulance.
There was concern that she could have possible E. coli infection, acute gastrointestinal bleeding, septic shock, cerebral hemorrhage and severe sepsis, according to the suit. Furthermore, the suit claimed that Jena was treated for “several serious medical conditions” in the intensive care unit of North Oaks for around a month before being transferred to Hood Memorial Hospital in Amite City and then receiving home care from Audubon Home Health.
“The double cheeseburger consumed by Mrs. Vogt contained a preformed toxin and that resulted in a food-borne contamination,” the suit alleged, according to Fox 8. “Alternatively, the double cheeseburger consumed by Mrs. Vogt became contaminated via improper food maintenance, such as poor handwashing procedures resulting in food contamination.”
Plaintiffs seek damages in excess of $150,000 from The Wendy’s Company, Wendy’s International Inc., and Haza Foods of Louisiana, LLC. While Jena battled medical ailments, her husband served as her primary caretaker and “has endured changes in their marital relationship, including a loss of consortium,” said the suit.
Loss of consortium refers to “deprivation of the benefits of a family relationship (including affection and sexual relations) due to injuries,” according to Cornell Law School.
WWL Radio reached out to the couple’s lawyers at Delise & Hall for more info. WWL-TV reached out to Wendy’s for comment and had not heard back as of Wednesday night at 9 p.m.
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