After a typical meal at Wendy’s in Michigan following her softball practice, 11-year-old Aspen Lamfers faced severe health issues. Her family is now suing Wendy’s parent company, Meritage Hospitality Group, alleging the meal caused long-lasting effects.
The lawsuit accuses Wendy’s in Jenison of serving food that led to Aspen contracting an STEC infection, a type of E. coli. About a week after experiencing initial symptoms, Aspen was diagnosed with hemolytic uremic syndrome, a severe complication of the infection.
Aspen was soon diagnosed with Stage 3 acute kidney injury/failure, acute encephalopathy, meaning neurological damage, and hyperglycemia from pancreatic damage. She experienced seizures, temporary paralysis, frequent vomiting, and other severe symptoms, according to the lawsuit.
The complaint includes records indicating that Wendy’s location was aware of multiple health violations that could lead to an STEC infection. An inspection by the Ottawa County Health Department just days before Aspen’s visit on August 1, 2022, reported 17 violations, including moldy food, dirty utensils, undated produce, and ineffective sanitizing solutions.
Aspen’s mother, the plaintiff in this case, claims Wendy’s negligence in maintaining a clean and safe environment directly resulted in her daughter’s permanent disabilities.
Since leaving the hospital, Aspen has suffered from fluctuating blood sugar levels, now been diagnosed as diabetic. She has also been diagnosed with focal epilepsy, with seizures occurring if she misses a dose of her medication, which could complicate future pregnancy plans due to the risk of birth defects.
Additionally, Aspen requires ongoing blood pressure medication for persistent hypertension. She has lasting cognitive deficits that have caused a significant decline in her school performance. Before her illness, she excelled in math, but her abilities have sharply decreased since.
The Lamfers family is demanding $20 million from Wendy’s to compensate for Aspen’s suffering, ongoing health issues, diminished earning potential, and reduced life expectancy since her infection.
Wendy’s response to Lamfers Family: Absolute silence
Wendy’s has not responded to any of the claims made by the Lamfers family, either voluntarily or legally, according to their attorney Tom Worsfold.
“Aspen’s life has been forever changed because of this blatant disregard for the health and safety of the public. Despite our best efforts, Meritage Hospitality Group has been unwilling or unable to engage in any effort to resolve Aspen’s claims without litigation,” Tom Worsfold told Scripps News.
The case is tied to a known E. coli outbreak in 2022, which the CDC has linked to Wendy’s restaurants in multiple states.
According to the government agency, more than 80% of sick patients examined by public health officials reported dining at a Wendy’s restaurant before becoming ill, with many consuming romaine lettuce sandwiches. To clarify, Aspen Lamfers did not eat lettuce at Jenison Wendy’s.
According to data, 109 people were infected during the outbreak, but the CDC believes the actual number is greater because many people did not test for E. coli and/or recovered without medical attention. Of the 109 people, 67 lived in Michigan, including the Lamfers.
According to the family’s lawsuit, the OCHD linked an unexpected surge in STEC infections in local hospitals to Jenison Wendy’s 11 days after Aspen ate there, on the same day she was diagnosed with HUS.
The connection prompted the health authorities to investigate and conduct another inspection, during which they discovered personnel not washing their hands or changing their gloves, a can of Raid pesticide in the kitchen, containers used to store raw beef filled with dirty water and more.
“The large number of violations indicate that food safety is at risk, as they are cited throughout the facility and relate to most aspects of food preparation and service,” the inspection note states.