Family sues Wendy’s for $20million after their daughter, 11, was left fighting for her life with severe E.coli infection following meal of hamburger, nuggets and fries at ‘filthy’ fast food restaurant

An 11-year-old girl nearly died after developing a life-threatening illness from E. coli following a meal at a 'dirty' Wendy's restaurant in Michigan
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An 11-year-old girl nearly died after contracting a life-threatening E. coli illness following a meal at a “dirty” Wendy’s restaurant in Michigan.

Aspen Lamfers enjoyed a hamburger, chicken nuggets and fries at Wendy’s in Jenison after softball practice on August 1, 2022.

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But just three days later she became ill and was diagnosed with hemolytic uremic syndrome, which arises from E. coli and can be fatal.

The young girl suffered damage to the brain, kidneys and pancreas and was hospitalized for more than four weeks after suffering seizures and paralysis on the left side. She also needed dialysis.

Her family recently filed a lawsuit on April 1 against Meritage Hospitality Group, owner of the Wendy’s, seeking $20 million in damages because the restaurant Lamfers ate at was found to have significant violations of the Michigan Food Law that summer.

An 11-year-old girl nearly died after developing a life-threatening illness from E. coli following a meal at a 'dirty' Wendy's restaurant in Michigan

An 11-year-old girl nearly died after developing a life-threatening illness from E. coli following a meal at a ‘dirty’ Wendy’s restaurant in Michigan

Aspen Lamfers suffered damage to the brain, kidneys and pancreas and was hospitalized for more than four weeks, where he suffered seizures and paralysis on the left side

Aspen Lamfers suffered damage to the brain, kidneys and pancreas and was hospitalized for more than four weeks, where he suffered seizures and paralysis on the left side

Aspen Lamfers suffered damage to the brain, kidneys and pancreas and was hospitalized for more than four weeks, where he suffered seizures and paralysis on the left side

Her family filed a lawsuit against Meritage Hospitality Group, owner of Wendy's, on April 1, seeking $20 million in damages, alleging the restaurant Lamfers ate at that summer was found to have significant violations of the Michigan Food Law.

Her family filed a lawsuit against Meritage Hospitality Group, owner of Wendy's, on April 1, seeking $20 million in damages, alleging the restaurant Lamfers ate at that summer was found to have significant violations of the Michigan Food Law.

Her family filed a lawsuit against Meritage Hospitality Group, owner of Wendy’s, on April 1, seeking $20 million in damages, alleging the restaurant Lamfers ate at that summer was found to have significant violations of the Michigan Food Law.

Lamfers felt ill and had symptoms such as nausea, diarrhea and fever – which are common with E. coli – three days after eating at Wendy’s.

She was then taken to the hospital and to a pediatric intensive care unit at Corewell Health’s Helen DeVos Children’s Hospital on August 7, 2022.

The young girl then required dialysis treatment as her kidneys were failing at stage 3 and the infection was affecting her pancreas, meaning she needed an insulin drip.

Lamfers subsequently suffered brain damage that caused paralysis on her left side, affected her vision and led to hallucinations.

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Her condition only began to improve after two weeks and she was transferred to a rehabilitation hospital on September 1 before being allowed home on September 9.

She then continued with physical, speech, occupational and language therapy. Her family has now filed a lawsuit against the restaurant company seeking reimbursement for medical expenses.

“As a result of her STEC infection, Aspen has suffered permanent injuries and life-altering medical conditions,” the legal filings said.

It estimates that $500,000 has been used for past medical bills, that they will incur $1.6 million in future medical expenses and that they will lose approximately $5 million in future earning capacity.

The family’s lawyer, Thomas Worsfold, said medical staff “considered it almost a miracle that she survived.”

‘She was so close to death. Her parents are trying to balance gratitude that Aspen is doing as well as it is today with all the challenges she still faces,” he shared. MLive.com.

“If you look at the health department reports and just the sanitation and food safety practices of the employees at that restaurant, you’re almost guaranteed cross-contamination.”

He said Meritage did not want to resolve the matter before trial and that the company now has 28 days to respond to the lawsuit.

The Wendy’s restaurant Lamfers visited had undergone two poor health inspections that same summer, finding significant violations of the Michigan Food Law.

It was found to have moldy and spoiled food, improper hand hygiene, food stored at unsafe temperatures and a dirty store “on the excessive end of the spectrum,” according to Ottawa County health records.

The inspection on July 27, 2022, found 17 Health and Food Code violations against the restaurant, including sanitizer that was too diluted to be effective, undated produce and cutting boards that remained dirty from the previous day.

“As a result of excessive violations, employees are not trained to perform food safety-related tasks such as marking the date, washing/rinsing/sanitizing food contact surfaces, and disposing of food that is no longer safe and adulterated,” the report said.

The Wendy's restaurant Lamfers visited had two poor health inspections that same summer, finding significant violations of the Michigan Food Law

The Wendy's restaurant Lamfers visited had two poor health inspections that same summer, finding significant violations of the Michigan Food Law

The Wendy’s restaurant Lamfers visited had two poor health inspections that same summer, finding significant violations of the Michigan Food Law

‘Cleaning in the establishment is not done frequently enough to ensure cleanliness for staff and guests.’

The restaurant was temporarily closed to retrain staff on food and safety issues and address the issues highlighted in the report.

It subsequently reopened on August 1, 2022, serving customers including Lamfers. Around the same time, the University of Michigan Health West Hospital reportedly reported an increase in E. coli hospitalizations.

The Lamfers family lawsuit claims the hospital found a link between the infections and the Wendy’s restaurant.

The store’s next health inspection found 12 more violations, including improper hand washing, staff not changing gloves after contamination and raw beef being stored at potentially dangerous temperatures.

“After being warned, they completely ignored it and went about their business as usual, and that’s what made Aspen sick,” attorney Worsfold said.

“My heart just breaks for Aspen and her parents.

‘This is permanent brain damage and she has to deal with it, but it’s just the loss of potential – it’s heartbreaking, it’s devastating.’

The Wendy’s store in Jenison has improved significantly in its latest review, with only two violations corrected on the spot.

There are five pending lawsuits against Meritage in Michigan related to E.coli illness in the summer of 2022 due to lettuce.

A company spokesperson said: ‘We take the health and safety of our customers very seriously.

“We deny any misconduct or failure in our food safety practices in these cases. We cannot comment further in light of the ongoing litigation.”

DailyMail.com has contacted Meritage for comment.

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