KFC guilty in brain damage case

Monika Samaan was seven years old when she suffered salmonella encephalopathy

An Australian girl who suffered severe brain damage and was left paralysed by food poisoning won a court case against fast food giant Kentucky Fried Chicken,in a judgement published today.

Monika Samaan was seven years old when she suffered salmonella encephalopathy 8212; a brain injury linked to food poisoning that also left her with a blood infection and septic shock 8212; in October 2005.

Several other family members also fell ill and they claimed Samaan8217;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 family8217;s favour,finding that her sickness was caused by 8220;a KFC Twister8230; consumed predominately by Monika and in lesser quantities by her family.8221;

Justice Stephen Rothman said the chicken became contaminated 8220;because of the failure of one or more employees of KFC8221; to follow proper preparation rules,which he described as 8220;negligent8221;.

8220;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,8221; Rothman said in his judgment.

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8220;Nevertheless,the conduct of the employee was negligent and KFC,as the employer,is vicariously liable for the negligence.8221;

An internal review of standards at the store in the months before Samaan8217;s illess assessed them at 8220;breakdown8221; 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 Samaan8217;s injuries as being of a type and severity that were 8220;most rare8221;.

8220;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,8221; he said.

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8220;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.8221;

KFC said it would appeal the decision.

8220;We believe the evidence showed KFC did not cause this tragedy and,after reviewing the judgement and seeking further advice from our lawyers,we have decided to appeal Justice Rothman8217;s decision,8221; said KFC Australia spokeswoman Sally Glover.

8220;We feel deeply for Monika and the Samaan family however we also have a responsibility to defend KFC8217;s reputation as a provider of safe,high quality food.8221;