According to a lawsuit filed Wednesday, an Overland Park lady is suing the parent company of Tasty’s, a Kansas City burger joint, alleging that the restaurant’s food caused her son Salmonella illness, resulting in significant medical concerns and a protracted hospitalization.
Brittany Odum’s 14-year-old son, who is not named in the suit, was hospitalized for 29 days, according to the lawsuit.
Tasty’s hasn’t opened since April, according to owner Mohammed Abualia. He stated that the building’s owner did not want to renew Tasty’s lease because he was considering opening a gas station instead.
According to the lawsuit, Odum’s son experienced stomach pain, diarrhea, and vomiting immediately after eating Tasty’s food in October 2020. According to the lawsuit, Odum brought her son, who was then nine years old, to Children’s Mercy Hospital.
According to the lawsuit, blood tests revealed that Odum’s son had Salmonella in his system.
‘Severe and permanent injuries’
According to the lawsuit, the boy developed Salmonella sepsis, resulting in multisystem organ failure. The Cleveland Clinic defines sepsis as an infection that spreads to the bloodstream.
According to the lawsuit, Odum’s son’s organ failure required intubation, or the placement of a breathing tube. Odum’s son developed pulseless ventricular tachycardia following intubation, according to the lawsuit. According to the National Institutes of Health, his heart was pounding too quickly to adequately pump blood.
This condition necessitates CPR, and the lawsuit claims Odum’s son received it for eight minutes. According to the lawsuit, he did not have a pulse until he received an electrical shock. The complaint alleges that even when his pulse returned, he required mechanical assistance to breathe and circulate blood.
The suit also alleges that Odum’s son developed necrotic bone tissue and a bone infection.
Odum seeks fair and reasonable damages on her son’s behalf for “severe and permanent injuries to his person,” “pain and suffering of mind and body,” and past and future medical expenses.
Odum’s son required physical and occupational therapy, as well as ongoing medical care, after leaving the hospital, according to the lawsuit. The lawsuit also claims that Odum’s son’s future earning capacity may be reduced as a result of his injuries.
Odum and her son are claiming damages for three reasons: breach of implied warranty of merchantability, breach of implied warranty of fitness for human consumption, and negligence.
According to the merchantability count, the restaurant served food that was not fit for sale under Missouri law. The second count states that the restaurant sold food that was unfit for human consumption. According to the lawsuit, Odum’s son relied on the restaurant’s implied promise that its food was fit for sale and consumption.
The third count of the lawsuit, negligence, alleges that the restaurant harmed Odum’s son by failing to “exercise ordinary care in connection with the purchase, storage, handling, and preparation of the food served.”
When The Star contacted Mohammed Abualia, the owner of Tasty’s, he was unaware of the lawsuit. He declined to comment.
