Sun, Apr 22, 2012 - Page 5 News List

KFC guilty in Australia brain damage lawsuit

AFP, SYDNEY

An Australian girl who suffered severe brain damage and was left paralyzed by food poisoning won a court case against fast food giant KFC, in a judgement published yesterday.

Monika Samaan was seven years old when she suffered salmonella encephalopathy — a brain infection linked to food poisoning that also left her with a blood infection and septic shock — in October 2005.

Several other family members also fell ill and they claimed Samaan’s injuries, which include severe cognitive, motor and speech impairment and spastic quadriplegia were caused by a KFC chicken Twister wrap.

She went into a coma in hospital and was so ill last rites were given.

The Supreme Court ruled in the family’s favor, finding that her sickness was caused by “a KFC Twister ... consumed predominately by Monika and in lesser quantities by her family.”

Justice Stephen Rothman said the chicken became contaminated “because of the failure of one or more employees of KFC” to follow proper preparation rules, which he described as “negligent.”

“There is some evidence, which I accept, that some employees were unaware of the full consequences of a breakdown in the system that was to be implemented,” Rothman said in his judgement. “Nevertheless, the conduct of the employee was negligent and KFC, as the employer, is vicariously liable for the negligence.”

An internal review of standards at the store in the months before Samaan’s illness assessed them at “breakdown” level, with particular criticism of hygiene and food preparation, Rothman said.

Though compensation will be determined in a separate hearing Rothman described the now wheelchair-bound Samaan’s injuries as being of a type and severity that were “most rare.”

“She is now intellectually disabled, is unable to function independently, she needs total care and she will be unable to live a life filled with normal activities, relationships, milestones and achievements,” he said. “The plaintiff has been severely disabled at a very young age and as a result of her injuries, it is clear she will never enjoy the normal life that was expected of her prior to this catastrophic event.”

KFC said it would appeal the decision.

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