JENISON, Mich. — The family of an 11-year-old girl is suing the operators of a Wendy's restaurant, alleging their daughter suffered kidney failure and other significant medical problems after eating a meal contaminated with E. coli bacteria.
The lawsuit filed last week claims Aspen Lamfers, 11, became ill in early August 2022 after eating a "Biggie Bag" meal from the Jenison Wendy's restaurant on Port Sheldon.
On Aug. 1, 2022, the young girl got the meal containing a hamburger, chicken nuggets and french fries, after finishing softball practice.
By Aug. 4, she began to feel nauseous and started experiencing severe abdominal pain.
When the family discovered blood in her stool on Aug. 6, they took her to Holland Hospital, where she was admitted to the emergency department.
Hospital staff allegedly confirmed at the time that she was suffering from a STEC infection.
By Aug. 11, her condition hadn't gotten worse, and she was transferred to DeVos Children's Hospital in Grand Rapids.
There she was diagnosed with Hemolytic Uremic Syndrome (HUS), which then progressed into stage 3 kidney failure.
On Aug. 16, she was diagnosed with acute encephalopathy, damage to her brain.
Soon she slipped into a nonverbal state. Right before that point, she allegedly called out from her hospital bed, "Why am I so sick? Why? And it's so bad!"
"There's very little doubt as to where Aspen picked up this infection," her family's attorney, Thomas J. Worsfold, told FOX 17.
"Health inspection reports from both before and after Aspen ate there at the Wendy's indicate a serious lack of the most basic food safety practices."
During an inspection by the county health department in July 2022, the restaurant was temporarily shut down.
"Imminent health dangers to the public must be corrected prior to reopening," their report read.
FOX 17 reached out to Meritage Hospitality, the operators of the Wendy’s on Port Sheldon, who said in a statement, "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."
The Centers for Disease Control (CDC) conducted their own investigation following an E. coli outbreak in the summer months of 2022.
They found people in six different states, including Michigan, reported E.coli infections after eating at different Wendy’s restaurants.
As of September 2022, the state of Michigan had confirmed at least 43 cases of E. coli infection.
"This particular outbreak was traced from the lettuce supplier to these Wendy's stores in the Midwest,” Worsfold explained.
Aspen's family is suing for $20 million, alleging she has been left diabetic, with a seizure disorder and with potentially permanent brain damage.
“Past medical bills, future medical expenses, expected loss of earning capacity over the course of her lifetime," Worsfold explained.
"The tremendous pain, fear, emotional suffering that she has and will continue to experience for the rest of her life more than justifies the amount that we are demanding in the suit.”
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