Louisiana couple suing Wendy's after woman said she was hospitalized from contaminated burger

LOUISIANA, USA — A Louisiana couple is suing Wendy's after a woman said she was transported to the emergency room from eating a contaminated cheeseburger, according to court documents.

The documents state that Jena Vogt ordered a medium combo double cheeseburger from Wendy's Restaurant in 100 James Park West St. Rose, Louisiana on July 27, 2022.

Within a day of eating the burger, Vogt was feeling nauseous and was having gastrointestinal abnormalities. 

She was transported to an emergency room, where healthcare providers diagnosed her with E. coli, acute GI bleeding, septic shock, severe sepsis, and cerebral hemorrhage.

Vogt was treated for months in urgent care and could not return home until September 28 of 2022.

The lawsuit claims that the double cheeseburger that Vogt ate contained a preformed toxin that resulted in a foodborne contamination, or that the burger became contaminated due to improper food maintenance such as poor handwashing.

The lawsuit argues that Vogt suffered severe and personal injuries that cause her to require medical treatment and physical and mental suffering and pain as well as past and future medical expenses, physical impairment, and lost opportunity for income as well as loss of enjoyment of life. 

The lawsuit also argues that her husband, Michael Vogt, suffered a loss of consortium in their marital relationship (their relationship was negatively impacted).

The argument by the lawsuit says that the Vogts are entitled to recover damages for all proven damages caused by Wendy's.

WWL-TV reached out to Wendy's for comment but has not heard back yet as of Wednesday night at 9:00 p.m.

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