Can I Eat a Grilled Twisters Chicken Sandwich After Heart Attack
Girl, 14, left brain-damaged after eating KFC chicken twister forced into new court battle as food giant appeals $8m payout
- Monika Samaan cannot speak and will be confined to wheelchair for life
- KFC ordered to pay damages by a judge in April
- But restaurant denies responsibility and claims previous hearing was flawed
- Teenager could lose all or part of her compensation
Published: | Updated:
A young girl left severely brain-damaged from salmonella poisoning after eating a KFC chicken twister is in danger of losing her $8million award after lawyers appealed today.
Sydney girl Monika Samaan, who is now 14, became so ill seven years ago she could not speak and will be confined to a wheelchair for the rest of her life.
Her parents said the money would be a great help for her ongoing care – but lawyers for the fast food giant said it had filed papers contesting the court's finding and the award.
Compensation under threat: Brain-damaged Monika Samaan (centre) pictured with her parents Amanwial and Hannah, and siblings Abanoub, 14, Barbara, 3, and Rosemary, one
The appeal places Miss Samaan in danger of losing all or part of the money - and could also result in her family having to pay a fortune in legal costs.
Fairfax Media in Australia said it understood KFC was also trying to force Miss Samaan and her family to pay its legal costs from her 2009 court hearing, which are expected to amount to hundreds of thousands of pounds.
KFC denied it was responsible for Miss Samaan's brain damage but during the court hearing a number of poor hygiene practices were revealed at the store in the suburb of Villawood where the family purchased their chicken meals.
In April this year, three years after the initial hearing, Justice Stephen Rothman found in favour of the family and ordered KFC to pay the £5 million compensation.
Tragic: Monika (left) before her illness and (right) after the salmonella poisoning which left her severely brain damaged
But lawyers for the company told the NSW Surpreme Court today that they have formal lodged appeal submissions, based on three factors.
They said the appeal included claims that there had been a 'failure to consider evidence' during the initial hearing, an 'error in the judge's factual findings' and an error in the weight given to certain evidence.
Through their own lawyers, the Samaan family immediately hit back at KFC's appeal submissions, saying they were 'an amorphous restatement' of what had been said during the trial.
It is understood that with the appeal pending the Samaan family, who live in a modest home in Sydney, have not received any of the award money.
Where it happened: The KFC restaurant in Villawood near Sydney
When the judge announced the award in April, family lawyer George Vlahakis said the compensation was 'very much needed.'
He added: 'Monika's severe brain damage and severe disability has already exhausted the very limited resources of the family.'
During the initial hearing the court heard that after dining at KFC Miss Samaan and her brother both ended up in hospital, but she was left significantly the worse of the two.
Referring to Miss Samaan's parents, Mr Vlahakis said: 'Monika is now a big girl and they are finding it increasingly difficult to lift her and to look after her basic needs as well as look after Monika's younger siblings.'
Girl, 14, left brain-damaged after eating KFC chicken twister is forced into new court battle as food giant appeals $8m payout
Can I Eat a Grilled Twisters Chicken Sandwich After Heart Attack
Source: https://www.dailymail.co.uk/news/article-2205394/Girl-14-left-brain-damaged-eating-KFC-chicken-twister-forced-new-court-battle-food-giant-appeals-8m-payout.html
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