By tf-lawyer.com A neurologist has filed a lawsuit against the Coup de Thai restaurant in Los Gatos, claiming that the restaurant’s Dragon Balls appetizer severely injured her vocal cords, esophagus, and the inner lining of her right nostril. According to a report by Mercury News, Dr. Harjasleen Walia from San Jose initiated the lawsuit last July in Santa Clara County Superior Court, alleging that she sustained permanent damage that has left her with lasting effects.
The court has scheduled a jury trial for August 25 of next year, which is expected to last between five to seven days.
In a court filing from last year, the restaurant denied causing any harm to Walia. As of August 23 this year, the restaurant and its owner were still seeking medical records related to the incident.
Walia’s lawsuit states that in July 2021, she dined at the restaurant located on North Santa Cruz Avenue with friends and ordered several appetizers, including the Dragon Balls. Currently, the restaurant’s website describes this dish as “spicy chicken meatballs made with mint, onion, scallion, cilantro, kaffir lime leaves, chilies, and rice flour, served hot,” priced at $11.
Walia claims that, knowing the dish was advertised as spicy, she requested the server to “make it less spicy because she cannot tolerate hot foods,” and was assured that the chef would accommodate her request.
Shortly after Walia filed her lawsuit, a restaurant manager mentioned to Mercury News that the Dragon Balls cannot be prepared “mild” because chilies are already mixed into the dish. Luck Pryer, a manager at Coup de Thai, stated that when diners express an inability to handle spicy food, the restaurant typically encourages them to order an alternative. He added that there had never been prior complaints from customers claiming they were burned by the food and required medical attention.
In last year’s court documents, Walia alleged that a new employee made an error while preparing the dish and did not reduce the chili as requested; instead, they added more.
Walia claims that the moment she began eating the Dragon Balls, she felt like her entire mouth, palate, tongue, throat, and nose were on fire. She described experiencing tearing eyes, a running nose, and coughing.
Her lawsuit specifically targets the Thai “bird’s eye” chili, arguing that its ingredients “are not suitable for human consumption.” It contends that the restaurant failed to take precautions and did not consult health officials or emergency responders regarding the risks associated with adding excessive amounts of Thai chilies in appetizers like the Dragon Balls.
A physician at the National Capital Poison Center noted that consuming Thai chilies can irritate the mouth and throat, leading to nausea and heartburn, but “they are not associated with permanent tissue damage.”
According to court documents, Walia is seeking over $35,000 in medical expenses, lost income, and damages.
