Doctor seeks financial compensation after spicy dish eaten at restaurant left her 'permanently damaged'
A doctor is suing a Thai restaurant after she claimed a spicy dish had left her 'permanently damaged'.
Dr. Harjasleen Walia, a board-certified neurologist from San Jose, California, launched a lawsuit after allegedly tucking into a spicy meal that led to 'permanent injuries'.
In July 2023, she initiated legal proceedings against Coup de Thai in Los Gatos for its Dragon Balls dish, The Mercury News reports, which she claims contained chillis that left her with internal 'chemical burns'.
Dr Walia further alleged that the appetizer had 'burned' her mouth and throat from the spice, damaging her esophagus, vocal cords and the inside of her right nostril, according to documents filed in Santa Clara County Superior Court seen by the news outlet.
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The lawsuit further stipulates the woman had asked the chef to prepare the dish with less spice as she 'does not tolerate spicy foods' which she claimed the restaurant had agreed to do.
However, from one bite, she says she felt 'her entire mouth, the roof of her mouth, her tongue, her throat and her nose burn like fire' and her 'eyes and nose watered, and she began coughing'.
Coup de Thai describes the dish as 'spicy chicken ball[s] fried with mint, shallot [and] green onion,' the Irish Star reports, as well as 'cilantro, kaffir lime leaves, chili and rice powder' and is served hot.
The publication further adds the Thai chili, known as bird's eye chili, is what fuels the spice in the dish, measuring between 50,000 to 100,000 in Scoville Heart Units (SHU).
For context, a jalapeno pepper ranges between 2,500 to 8,000 SHU and bird's eye chili are considered spicier than cayenne and serrano, though not quite as hot as habanero.
It adds that she 'drank an entire glass of coconut water and more water, but the burning did not subside' and that she allegedly had asked staff for a dairy product to help alleviate the intensity but received no such assistance.
Dr Walia then said she lost her voice and was diagnosed with internal 'chemical burns' from the burning hot chilis.
The document adds: '[She] incurred permanent injuries and will forever be damaged' and that 'no milk, ice cream, yogurt, sour cream or other dairy product was provided or offered to Ms. Walia to quell the obvious burning'.
The suit identifies the Thai 'bird's eye' chilli as the ingredient that made the dish allegedly 'unfit for human consumption' and accuses the restaurant's owner, chef, server and others involved with the preparation of having 'failed to take precautions by consulting with health officials or emergency service personnel regarding the risks associated with serving too much Thai chili in an appetizer like Dragon Balls'.
The restaurant denied Dr Walia's accusations in it's October 2023 filing, telling Mercury News at the time that no other diners had ever been burned nor required medial assistance from their dishes.
The supervisor further claimed that the dish cannot be made 'mild' due to the chilli pre-prepared inside the chicken balls and customers are advised to order something else if they cannot handle the spice.
In November 2023, Dr Walia added to the suit that a 'new employee who prepared the dish made an error and added additional peppers, rather than reducing them as requested'.
And according to Mercury News, a May filing has indicated that she has chosen to represent herself instead of her lawyer, who'd been representing her previously, ahead of her five-to-seven-day jury trial, which is scheduled to take place in August.
Court filings by the restaurant indicate that it would subpoena the woman's medical records and require her to complete a medial examination.
The doctor is seeking unspecified damages as well as medical expenses and compensation for alleged lost earnings.
A mandatory settlement conference between the parties is scheduled to take place days before the trial is set to start in August.
UNILAD has contacted Coup de Thai for comment.
Topics: California, Health, Court, Food and Drink
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