KFC ordered to pay $8m to Twister victim

27 Apr 2012, 6:17 pm   -   Source: AAP
(Getty Images)

(Getty Images)

KFC has been ordered to pay $8 million damages to a severely brain-damaged Sydney girl found to have been infected by a salmonella infected Twister.

KFC has been ordered to pay $8 million damages after a judge found a Sydney girl was left severely brain damaged after eating a Twister chicken wrap.

Justice Stephen Rothman found a Twister bought by her father on October 24, 2005 was the source of the salmonella poisoning of Monika Samaan, now 14.

"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," he concluded in the NSW Supreme Court last week.

On Friday, he ordered the fast food giant to pay $8 million damages and legal costs.

KFC has indicated it will appeal the judge's liability finding, leading the family to express its distress through its lawyer George Vlahakis.

"Monika's severe brain damage and severe disability has already exhausted the very limited resources of the family," he said in a statement.

"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.

"The compensation ordered is very much needed.

"KFC have to date been determined that Monika does not receive a cent."

KFC had disputed the evidence of her father, Amanwial Samaan, who said he bought the twister from its Villawood store and that it contained the salmonella bacteria that caused Monika's injuries.

"It is not controversial that as a result of being infected with salmonella bacteria, Monika suffered organ system failures and injuries, septic shock, severe brain injury and spastic quadriplegia," the judge said.

"Her disabilities include severe cognitive impairment, severe motor impairment, severe impairment of communication skills and incontinence.

"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."

Monika, her parents and her brother ended up in hospital with salmonella poisoning.

One issue for the judge related to other chicken meals eaten by family members from October 22 to October 25.

But he concluded the source of the salmonella was a KFC twister consumed predominantly by Monika, but in lesser quantities by other family members.

The contamination occurred because of the failure of one or more KFC employees to adhere to the required procedures, he said.

The failure probably "involved food coming in contact with flour (or some other substance) that was old (in the sense of hours) and significantly affected by salmonella".

Some staff members testified they used to throw food around as a joke, saw chicken fall to the floor and people handling food without gloves on.

"The evidence was consistent that the standards set by KFC were not met during the latter half of 2005," Justice Rothman said.

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