Family sues Wendy's franchise for $20 million after daughter, 11, was left 'critically ill'

The family of an 11-year-old who was left 'critically ill' eating at a Wendy’s in Michigan has filed a $20 million lawsuit.

In August 2022, Aspen Lamfers went to a Wendy’s in Jenison after her family treated her following softball practice.

The 11-year-old chose a 'Biggie Bag' meal, which included a hamburger, chicken nuggets and french fries, according to a lawsuit filed by her family on April 4.

On August 4 2022, three days after Aspen had the meal, she began to feel sick, experience nausea, stomach pain, fever and diarrhea, as per the lawsuit.

And her symptoms got a lot worse in the days following, to the point where her mother took Aspen to hospital after seeing she had blood in her stool.

The lawsuit went on to state Aspen was sent home after being treated, but returned to hospital on August 7 after her condition deteriorated.

On August 11, Aspen was transferred to another hospital, where she was put on dialysis after being placed in the paediatric ICU.

The lawsuit said Aspen was being treated for hemolytic uremic syndrome, a critical complication from STEC (Shiga toxin producing E. coli) infection.

She was subsequently diagnosed with stage three kidney failure, court documents indicate.

The family of the girl are suing. (WOOD TV8 via YouTube)

That wasn't the end of the trouble for Aspen though, as the lawsuit claimed she also suffered from facial drooping, weakness on the left side of her body and numbness.

After being left 'critically ill', the lawsuit concluded by saying she sustained renal failure and permanent brain damage

Family attorney, Tom Worsfold, told McClatchy News: "Aspen’s life has been forever changed because of this blatant disregard for the health and safety of the public."

Aspen became nonverbal at one point, and even became paralysed to a certain extent.

Court documents claim Aspen became paralysed. (Mike Kemp/In Pictures via Getty Images)

The lawsuit - filed against Meritage Hospitality Group, which runs the Michigan Wendy's franchise - stated Aspen had to undergo physical therapy, occupational therapy, speech and language therapy, nursing care and counselling.

On September 9, Aspen was discharged with permanent impairments, including hypertension, loss of strength and diabetes.

“When Aspen took the State M-Step assessment in fifth grade in the spring of 2022, she scored in the 61st percentile for reading with a 6th grade reading level, and she scored in the 70th percentile for math,” the lawsuit stated.

"When Aspen took the State M-Step assessment after her STEC infection in the spring of 2023, she scored in the 26th percentile in reading with a 4th grade reading level, and she scored in the 9th percentile for math.”

A July 27 2022 inspection of the Jenison Wendy's franchise found 17 health code violations including 'moldy strawberries, spoiled tomatoes, and day-old chili that had been left out'.

The next health inspection found 12 more violations, including poor hand washing practices and raw beef stored at potentially dangerous temperatures.

The franchise has since changed management, and a follow-up report found it had significantly improved health and safety practices.

UNILAD has contacted Meritage Hospitality Group and Wendy's for comment.