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A medical professional has filed legal action against a Thai establishment after claiming a fiery dish caused her ‘lasting harm’.
Dr. Harjasleen Walia, a certified neurologist practicing in San Jose, California, initiated litigation following what she describes as consuming a highly seasoned meal that resulted in ‘permanent injuries’.
In July 2023, she began court proceedings against Coup de Thai located in Los Gatos regarding their Dragon Balls appetizer, according to The Mercury News, which she alleges contained peppers that caused internal ‘chemical burns’.
Dr Walia additionally claimed that the starter had ‘scorched’ her mouth and throat due to its heat level, harming her esophagus, vocal cords and the interior of her right nostril, based on legal documents submitted to Santa Clara County Superior Court reviewed by the publication.
The legal filing additionally states the woman had requested the kitchen staff prepare the meal with reduced spice levels since she ‘cannot handle spicy foods’ which she maintained the establishment had promised to accommodate.
Nevertheless, after a single bite, she reports experiencing ‘her complete mouth, the roof of her mouth, her tongue, her throat and her nose burn like fire’ while her ‘eyes and nose watered, and she began coughing’.
Coup de Thai characterizes the dish as ‘spicy chicken ball[s] fried with mint, shallot [and] green onion,’ according to the Irish Star, along with ‘cilantro, kaffir lime leaves, chili and rice powder’ and is served heated.
The report further notes the Thai chili, recognized as bird’s eye chili, provides the heat in the dish, measuring between 50,000 to 100,000 in Scoville Heart Units (SHU).
As comparison, a jalapeno pepper ranges between 2,500 to 8,000 SHU and bird’s eye chilies are considered hotter than cayenne and serrano, although not quite as intense as habanero.
The filing notes that she ‘consumed an entire glass of coconut water and additional water, but the burning sensation persisted’ and that she reportedly requested staff provide a dairy product to help reduce the intensity but received no such aid.
Dr Walia subsequently stated she lost her voice and received a diagnosis of internal ‘chemical burns’ from the extremely hot chilies.
The paperwork continues: ‘[She] sustained 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 lawsuit identifies the Thai ‘bird’s eye’ chilli as the component that rendered the dish allegedly ‘unsuitable for human consumption’ and charges the restaurant’s owner, chef, server and others involved with 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 rejected Dr Walia’s claims in its October 2023 response, informing Mercury News at the time that no other customers had ever been injured nor required medical attention from their dishes.
The manager additionally stated that the dish cannot be prepared ‘mild’ due to the chilli being pre-mixed inside the chicken balls and patrons are advised to select something else if they cannot tolerate the heat.
In November 2023, Dr Walia expanded the lawsuit claiming a ‘new employee who prepared the dish made an error and added additional peppers, rather than reducing them as requested’.
According to Mercury News, a May filing has revealed that she has decided to represent herself rather than her attorney, who had been representing her previously, before her five-to-seven-day jury trial, which is scheduled to occur in August.
Court documents from the restaurant show that it would subpoena the woman’s medical records and require her to undergo a medical examination.
The physician is pursuing unspecified damages along with medical costs and compensation for alleged lost income.
A mandatory settlement conference between the parties is scheduled to occur days before the trial begins in August.