As reported by several media outlets in the U.S. and abroad, including The Sydney Morning Herald, an Australia-based family of a seven-year-old girl that suffered with brain damage, after ingesting Salmonella poisoned chicken from a Kentucky Fried Chicken restaurant, has been awarded $8 million in damages plus costs.
KFC had denied its responsibility, and the validity of the claim, during the four-week-long trial in NSW Supreme Court.
In 2005 M.S. grew ill following her consumption of a chicken wrap, called a "Twister", at a KFC restaurant in Villawood. The brain damage she suffered has left her wheelchair-bound for life and she has lost the ability to speak.
The announcement in favor of the family was made on April 20 by Justice Stephen Rothman. The multi-million dollar award, ordering KFC to pay, was announced on April 27.
George Vlahakis, the family's lawyer, said that M.S.'s injury had "exhausted the very limited resources of the family." He also said that since the injury M.S. "is now a big girl and they are finding it increasingly difficult to lift her and to look after her basic needs as well as look after (M.S.'s) younger siblings. The compensation ordered is very much needed. KFC have to date been determined that (M.S.) does not receive a cent."
KFC is planning on appealing Rothman's decision citing "a responsibility to defend KFC's reputation as a provider of safe, high quality food."
However, Vlahakis feels that KFC should accept the decision because "KFC chose to put (M.S.) and her family through a court hearing over several weeks, which they adjourned twice so that the process so far has taken seven years since she sustained her injuries. KFC of course got a completely fair hearing and were represented by a large team of lawyers from a multi-national firm and their own in-house legal team. …the family has virtually no resources..."
During the trial in 2010, M.S.'s father, A.S., told the court that the entire family – himself, his wife, his son and M.S. – grew ill after eating the Twister. While the rest of the family suffered with vomiting and diarrhea for a short period, M.S. was in a coma for six months and in a hospital for seven.
Ian Barker is the attorney representing KFC. Barker had argued that there "never was a shared Twister." Barker further contended that the family had no proof – in the form of a sales slip – that they had been to the KFC in Villawood.
Barker told A.S. in court, "You did not tell anyone at the hospital, when you were there between October 27 and 29, that you had shared a KFC Twister that Monday" to which A.S. responded, "Because there was no direct question at me."
If you have been made ill while dining in a restaurant, whether your case is as severe as this child's is, you have grounds for a lawsuit. Contact a personal injury lawyer from our directory to help you today!