All they have to do is pay a fine to the family for almost killing their daughter. Seems like KFC got the better end of the deal.

Really bad PR for KFC for not wanting to try to help the family.

KFC would rather not spend the money to help that poor family. Just sad.

I'd like to hear more about the case. How does one single family get sick at a restaurant that serves dozens per hour / hundreds per day? Were there more sicknesses? Were there more complaints?

What did the ensuing investigation find regarding salmonella contamination in the remaining food stocks at that KFC? At any KFC in the area since they get their supplies from a common source?

4 people shared one twister?

Those were my thoughts too. One Twister? Was that all they could afford? How many others that ate there that day got sick? Sounds a bit fishy.

Mmmmm ..... Kentucky fried kookaburra.

Concernedone and Darthfrodo - I agree. Something seems fishy. Likewise, the compensation amount is questionable. If ultimately found guilty, compensation should equal medical treatment and above average wages for the life of the individual paid up front on an increasing scale. ie:1mil for medical coverage, and 40k/year for 70yrs (2.8mil + inflation). Go ahead and throw in some cash for the mother and father. Where did 8mil come from?

KFC should be forced to follow food safety procedures, but that's the only piece of evidence, really.

I, also, don't understand how 4 people could share one Twister. They're not that big! I am sorry for the little girl's suffering and wish her well. I'm thinking the family jumped on the bandwagon as soon as the little girl got sick and falsely claimed that they had shared the Twister, too. Pain and suffering. I NEVER ate after my son, nor allowed him to eat anything that I had already stuck my fork into. Germs can travel rather quickly that way.

I contracted salmonella poisoning 15 years ago from eating chicken pot pie from our company's cafeteria. What an ordeal!!! However, like an absolute fool, I did not go to the hospital and did not report the possible poisoning, even after taking 2 days sick leave (notified my supervisor, but I'm sure that the report didn't go anywhere). I didn't want to go to the hospital since the diarrhea and vomiting was so bad - didn't want to mess up our car - and writhed in pain for hours. My own fault, even though my husband and son frantically urged me to go to the hospital, I was too embarrassed to go. After realizing that I could have died, I regretted not going to the hospital and reporting the incident to the Health board. Other people must have suffered as well, as it was a "pan" chicken pot pie and, unfortunately, I had the last serving.

I would venture to guess that other people may have gotten salmonella in this incident at the KFC. I doubt it was an isolated incident and maybe the others who were poisoned were like me, too embarrassed to say anything.

Whenever you think you have salmonella or e-coli or any type of food poisoning, don't be like me. Go to the hospital, get checked out - they will normally contact the Health board regarding the incident. Food poisoning is serious and the source of the cause should always be investigated to prevent it from happening again.

KFC would rather not spend the money to help that poor family. Just sad.

That's really how people think, $8 mil, oh pay it no big deal the poor little girl. It is a terrible thing but you can get this sickness anywhere. People tend to blame the last place they ate at but it could have been a bathroom door handle. One reason why people blame the last place is that they are already starting to feel sick and the food tastes funny and of course it is the first thing to come up.

Rockyroad - "Helping" the family would have been an admission of guilt, and destroy any defense. If Yum Foods thought they were innocent and wanted to challenge the suit, how could they voluntarily begin giving the family money?

I worked at a high volume restaurant many, many years ago. We had someone call & report they got food poisoning after eating at our eatery. About 5,000 customers later, we would get another call that they got food poisoning at our eatery. Another 5,000 or so customers later, we'd get another call saying a person had gotten food poisoning at our eatery. On at least 2 occasions, complaints were made to the board of health and an investigator would come out and perform an inspection. Never, ever were we found to be in any way in violation of any law. We had bi-annual inspections from the board of health during my 4 years at that restaurant, plus the 2 extra investigations. We were proud of our inspections and hung the reports at the entrance for anyone to see (with pride).

Our efforts didn't stop the occasional complaint. And we would never just blindly offer money to an accuser. Emotionally, this sounds harsh. As any human being is inclined to do, the first instinct is to help. Realistically, the only thing we could do as a business was to offer a defense and allow the board of health to sort it out.

It's possible that the first person who tried it said it tasted funny, and then it was passed around and "shared".

rockyroad - I agreee with you wholeheartedly. What a public relations blunder.

rockyroad - I agreee with you wholeheartedly. What a public relations blunder.

Several years ago I worked at a KFC in the U.S. when the original twister sandwich came out. It used left over chicken from the night before. also was never reheated and served cold. Kfc made a big deal about not cross contaminating the cold station to make sure raw chicken wouldn't contaminate the twister ingredients, using things like taping a "zone" out on the floor, and providing hand sanitiser. After numerous complaints of people getting sick the scraped the "left over chicken" idea, and decided to use cooked chicken strips as they do now. I wonder which twister they ate?

This is truly sad. KFC is a big enough company that they don't need to be stingy and fight this. This poor family has been through enough, obviously there has to be some sort of hospital record that these two kids got salmenella poisoning so for KFC saying that this wrap was not sold that day is ridiculous. I have worked fast food before and it would be real easy for KFC to just make that sale disappear. Come on KFC!

the sheter twister...

JPinMN, surely you realize that cooking kills salmonella? Salmonella is spread through not washing surfaces which means the chicken wasn't to blame here but something else on the wrap which may have contacted the surface. Or they undercooked one serving of chicken which I'd highly doubt. That being said, one then has to wonder why only one family got sick.

J=doggin,

where did they come up with 8 mil? Would you be willing to have your child be brain dead and have to care for her for life for 8 million?..............yeah I didn't think so

KFC needs to thank their lucky stars they are getting off with only 8 million. That's a bargain for them. It really won't be comfort for the family. I know they would trade that money in an instant to have their little girl back to normal. I am not usually a supporter of lawsuits, but if the fault is your's, you have to accept responsibility. This is not an old lady who was so stupid as to put hot coffee between her legs in a moving vehicle.

Does anyone else wanna potpie from KFC right now? I'm starving.

If they're anything like my family, when one of us gets something new to eat instead of the same old thing a few of us wants a bite to judge for ourselves if it's good. That's probably how it went down. It only takes one bad food item overlooked by the staff when the restaurant closes and left to sit out on the counter overnight instead of throwing it away to make a whole family ill and no one else. The thing is, when they came back and found it in the morning, they had to have realized that it sat out and bred some kind of bacteria, but they served it anyway. Bad move KFC, bad move :/

What do you expect from the same corporation that cheated Colonel Sanders and a federal court ruled that he had no right to say anything about the business he started or even to his own image!?!?

Of course that doesn't make headlines because corporate crimes are par for the course and never really discussed because they own America, the politicians and the court systems.

Thank god the judge didn't make his decision based on one MSNBC story. Why do some find that the others taking a bite of her wrap is so far fetched? (Does this taste funny to you?) And there are those that assume that because other customer complaints weren't mentioned in the story, then there weren't any. The judgement was for 8.3m. That doesn't mean the family will ever actually get the money

Just another reason for people to go back to the old fashioned way of staying home and getting acquainted with cooking.

@1POV no they won't be getting the money, it will be spent on her medical for the rest of what remains of her life.

@concernedone

I'd like to hear more about the case. How does one single family get sick at a restaurant that serves dozens per hour / hundreds per day? Were there more sicknesses? Were there more complaints?

That's what I was wondering also. One family gets sick enough to be hospitalized but no mention of other illnesses? That seems highly improbable. If the contamination was due to something they did would it really be KFC's fault?

im a chef and if shes the only one that got sick you gotta figure they sold 75 twisters in the whole day waht isnt the family telling KFC sounds like they ate raw seafood i find it hard to beleive a piece of chicken can do that much damage hope they appeal the will win on appeal

@Rachel-2594618

It only takes one bad food item overlooked by the staff when the restaurant closes and left to sit out on the counter overnight instead of throwing it away to make a whole family ill and no one else. The thing is, when they came back and found it in the morning, they had to have realized that it sat out and bred some kind of bacteria, but they served it anyway. Bad move KFC, bad move :/

Gee, did I miss that part of the story? What possible incentive would an employee at KFC have to give someone food left out from the day before? If we're just going to pull theories out of thin air I would say a far more likely scenario than yours is that someone in the family didn't wash their hands after using the restroom.

I agree with some of the posters here.. My kiddos like to try new things at places and offer mom and dad a bite when they are excited that they made a good choice.. Yes my husband has said, "dear does this taste funny?" while shoving food in my face..

About 5 years ago we went to an all you can eat buffet, holy crap almighty.. My husband and I both got prime rib, our kids got an array of different items but no prime rib.. I finished my meal and told my husband I dont feel good, I dont feel good, bolted for the door and barely made it to puke in the bushes. I thought hmm maybe i just over ate because i eat like a bird normally and this time around i ate my 15 dollars worth.. Nope the puking continued, pooped my pants on the way home, puked on myself and when we got home he started to say I dont feel good, i dont feel good.. Holy hell that was the worse 12 hours of our lifes..

Luckily the kids didnt get hit with it and we called everyone under the sun to report it and there was like 13 other cases reported in that hour from that establishment.

The Defense lawyer states that this family provided no proof of purchase and I also find it troubling that no one else that ate there that day or any other day developed food poisoning and further more the girl had contraced a rare form as opposed to the strain the other family members had. They also didn't say anything to the hospital as to where they ate. This whole story sounds fishy. Sounds like a deep pockets suit heard by a sympathetic judge. This story also seems to be more about the reward as opposed to all the facts in the case.

leo - I agree. If KFC wins on appeal, they can turn around and make a humanitarian gesture by donating money to the family - while at the same time, being cleared of wrongdoing.

I don't have all the facts in this case, but based on what was reported in this story, have to wonder what was going on in the courtroom for a MONTH? There MUST be evidence not reported in this story. What would they talk about for a month???

Voter-in-LA= The chicken used in the "old version Twister" was the left over original recipe and extra crispy chicken that was not sold the night before. We had to de-bone it and refrigerate it. That's all they did before it was served, in some cases many days later. In busy times it wasn't uncommon for someone considered "raw"(contaminated with uncooked chicken) to handle those same refrigerated products, thus possibly introducing the salmonella to the old twister product. They changed it in the U.S. because of it.

good story calico but goes to prove they ate somewhere else and didnt mention it KFC should not pay why are they the only ones sick such b..s want a free ride so sorry sir get a job and support youre family the right way

exactly rontron how did she get a rare strain and everybody else just the same she ate raw fish or pork or mussels something somewhere else duhdefinately appeal

What did the ensuing investigation find regarding salmonella contamination in the remaining food stocks at that KFC? At any KFC in the area since they get their supplies from a common source?

Why do people who know nothing about the restaurant business and food safety feel the need to comment on subjects they know nothing about ..

Whether they found salmonella at the restaurant after the fact would be completely irrelevant. We are talking about a cold chicken sandwich here and since salmonella poising case's involving cold chicken are almost always exclusively the result of single instance cross contamination at the point where the meal was prepared.

In other words who ever made the sandwich had handled raw chicken and forgot to wash his hands or did a poor job washing his hands .. Of course what would I know I've only been in the restaurant business for 40 some odd years .

There is obviously a great deal of information left out of this story but the inclusion of the facts that they told no one for 2 days, had no reciept, and no mention of others getting sick means that it is most likely a lie concocted to free themselves from the financial responsibility of their brain damaged kid. And I thought us Americans had cornered the market on greed and passing the buck. Way to go Australia. Hope KFC wins on appeal, and then sues the family for defamation and punitive damages.

Concernedone: I have to agree with you.....if one family bought a "Twister" and got sick; then others who ordered the same thing should have also gotten sick. The ingredients all come from the same place...why weren't there other cases? I have compassion for the family, but I think this is a question that has to be asked. Additionally, they didn't report it; can't seem to find the receipt (can't the store locate the copy of the receipt....I know they're capable of doing that if they have a specific time)...it all seems somewhat questionable.

Thank You Leo!!!!!!!! How did the parents and the girl get two different strains of salmonella from the same Twister? NOT. No report to the ER when asked what they had eaten that day. Just ate at KFC ? That would have been the answer if it were true. This case reeks and sure looks like the Judge is of the same mind as some posters. "KFC should just pay and make it go away" So wrong. This is how we got in this misma of frivilous law suits and people thinking they can sue a corporation and be set for life. Bull. Fight for the truth KFC.

marklepew - No, I probably wouldn't be happy to have a brain dead child. But, I don't believe in taxing others, as we end up paying for it, through over compensated lawsuits. I only ask for a fair and realistic number based on the anticipated lifetime wages and grievance caused by the disputed claim. I don't think that is a bad way to look at this. Unless of course it turns out to be a case of gross negligence against the vendor. I am by no means stating that life isn't precious and people aren't important, but let's all try to be fair. And to set the record straight, my totals are to be post tax. As in the plaintiff would pay all taxes so that the available sum to the family members would be equal as my previously stated amounts.

Concernedone #2.3,

Why was the daughter more severely impacted?

Just wait until we know most everything about all genomes that we interact with. It could make things very hard, if not impossible, for lawyers to win as many cases in the future. Too Bad !

J-doggin,

I saw your formula for the compensation, I'm unsure what medical costs are in Australia but I don't think that 40K a year is going to cover that along with full time care. Please keep in mind that the parents aren't always going to be able to take care of this 7 year old of the rest of her life. Factor in the emotional suffering and there you go. You really can't come up with a figure for damages against a person and family like you would a body shop estimate for your car.

blaze1024

I understand and appreciate the fact that you have been in the food business for 40 years, but you might find the following link helpful as to why the restaurant and chicken vendor should have been checked (after the fact).

If the family was infected by KFC chicken, the chicken may have arrived at the store with high bacteria levels already on the meat due to improper preparation / storage. Therefore, the current stock in the store, plus the supplier, SHOULD have been checked - after the fact. That's why we have laws and inspections regarding processing plants in the US.

http://www.salmonella.org/faq.html

Also take a look at this site (found when I Googled 'Salmonella outbreak traced to processing plant') where it says:

FSIS began enforcing a new Salmonella standard in 1998 by testing raw and ground products for the presence of the pathogen, according to the Food and Water Watch report. The purpose of the new program was to use microbial sampling to determine when plants were not controlling food safety hazards in their production processes. Testing was also supposed to serve as an objective indicator of when industry and/or government were not fulfilling their food safety responsibilities.

http://www.foodquality.com/details/article/821905/Salmonella_Contamination_Outbreaks_in_Poultry_Plants_across_the_U_S_.html?tzcheck=1

Wow....look at all the GOLD DIGGERS on here. Quick to point out that KFC "should just pay the $8M". You people either didn't read the whole article or are just plain greedy/selfish.

The article pointed out the KFC lawyers issues....see below. Didn't anyone think, "there is something NOT adding up here"? No one else got sick. These are all red flags.

KFC's lawyer, Ian Barker, QC, argued during the trial that there "never was a shared Twister" because there was no sales data to prove the family purchased it.

"You did not tell anyone at the hospital, when you were there between October 27 and 29, that you had shared a KFC Twister that Monday," Barker said in court in July 2010.

Steer clear of "Stir Crazy" in Greenwood Indiana!!! Wife and I ate there about three years ago celebrating our wedding anniversary. Big mistake!!! Should have sued them. Both of us awoke at about 4:30am, sheet and puked out of both ends. Crappy meal that was'nt any better than something from a Marie Calender tv dinner, and paid $52.00 too boot!!! Have'nt been back since.

did you know...the some of the plant's that make chicken products...only do sanitation once a week...have you had your tyson today...and those green cards do it right...

Raider-4158022

The family told the epidemiologist investigating the food poisoning case. The conclusion was that the source of infection was most likely from KFC.

"KFC's lawyer, Ian Barker, QC, argued"???

Raider,

Because the lawyer "argues" and says "they didn't eat a twister" because they don't have a sales receipt make it a fact? You know you can always count on a lawyer to tell the truth..........especially insurance company lawyers.

marklepew - I clearly indicate:

"compensation should equal medical treatment and above average wages for the life of the individual paid up front on an increasing scale"

Which part of medical treatment and aboave average wages do not understand? Medical treatment - all medical cost! Sub 80k, 100k, infinity for 40k for life long wages. Nice way to take a basic ideology and nit pick it to be argumentative.

They're appealing the case? They must be in the hands of some very foolish attorneys since it would be better to pay and walk away, hoping that the public might quickly forget...

This 'appeal' is going to cost them far more -- in lost business and overall bad publicity -- than the original award of eight million shekels.

The lawyer said the girls illness had exhausted the family's resources but he will get 60 to 70% of the 8 million.

j-doggin,

Not nit picking just questioning what sources you have looked at to come up with:

1. What medical costs will be for her during a lifetime or what it costs annually figuring in inflation and uncertain rising health care costs?

2. What is the average wage right now and does "average wage" compensate someone for experiencing being brain dead. What will be the average wage in 20 years....in 40 years....in 60 years?

3. How do you assign a value to compensate parents and family for the loss of their child?

You are the one that came up with an amount I just question how you got there. Again I pose you the question what value do you assign to your daughter? Is it harder knowing that it is your child or easy to diminish the value of that person having no personal connection? I wouldn't trade my daughter's well being for 8 million how about you?

Average full-time earnings in Australia were $69,165 per annum in 2011. (According to the Bureau of Statistics.)

If overtime and bonuses are included, earnings were $72,306 per annum.

The average male wage (ordinary time earnings) in Australia is $73,850 per annum. With overtime, this rises to $78,286.

The average female wage (ordinary time earnings) in Australia is $61,053 per annum. With overtime, this rises to $61,948.

Workers in the Capital Territory (Canberra) are Australia's highest paid workers with average ordinary earnings of $80,538 per annum, followed by Western Australia on $79,245. Here is a full list of average wages by state:

Average Wage By State
(Full Time Ordinary Earnings)

State
Average Annual Wage

Australian Capital Territory
$80,538

Western Australia
$79,245

Northern Territory
$71,698

New South Wales
$68,760

Queensland
$67,595

Victoria
$67,179

South Australia
$63,502

Tasmania
$61,147

Australia's best-paid workers are miners, whose ordinary earnings average $113,636 a year.

Next come professional, scientific and technical services workers who average $82,212 per annum.

Retail workers average $50,898.

The poorest wages are found in the accommodation and restaurant sector where full-time workers earn $49,785 on average.

There is a whole series of Australian news articles about this including where the father originally said he bought chicken at a different store. Plus the KFC register system shows no purchases of twisters for the dates of infection, plus the father doesn't speak english well, Arabic.

http://www.smh.com.au/execute_search.html?text=Monika+Samaan&ss=smh.com.au

First off i want to see actual evidence linking kfc to the poor girl for all we know they could be desperate for money and just decide to sue any huge corporation.

marklepew - "3. How do you assign a value to compensate parents and family for the loss of their child?" In my opinion, as I stated at 2.6. If you want to add inclusions, exclusions, rules and regulations to the equation, by all means.... knock yourself out. To keep it generic, I did not source local salaries in my equation. So, if you want to make it functional, again in my opinion, m+s(L)=cs

m = medical cost, s = average salary (factored for inflation), L = anticipated number of working years, cs = court settlement.

And no, I do not wish this on anyone (less the Murdoch family). But at some point you just have to draw a line and say this is where we are going to be in terms of law suits. Living in America, it is disgusting to see the number of people go after companies for things in which they shouldn't. And then, actually win! With out question, the companies always turn around and stick it to everyone else who uses the products. And no, simply stating you will boycott the product is not always possible.

_______________________________________________________________________________

By the way, thanks for the unnecessarily detailed salary info on Australians.

Rontron

I think you are confused, the family yes had eaten two other chicken meals around the time of the illness. The media tried to turn this into a conspiracy however the real story is in the court documents.

The family told health investigators all along they had eaten other chicken meals along with the KFC. The other meals were still in their fridge and freezer all were negative for Salmonella. Also not all the family who took ill were present when these meals were served,

Also the court found contrary to what KFC management had reported there were Twisters sold on that day as workers attested to during the trial.

Epidemiologists interviewed the family and AFTER investigating concluded the most likely source of the infection was from the KFC store then the family took out a case.

@marklepew...

Because the lawyer "argues" and says "they didn't eat a twister" because they don't have a sales receipt make it a fact?

Don't have a receipt?....lol. When there is millions involved you can GUARANTEE that they gathered data from the POS (point of sale) system. An easy report to generate. That's why the the lawyer said "sales data".

Look I'm no expert here...and neither are you. My point is directed to the minions on here who just resort to the "pay them" comment. There does seem to be more to the story.

How can the lawyer say there was no twisters sold that day but the employees say there were twisters sold and no one got sick from the other ones sold.

Hmm Someone is trying to have it both ways and that's impossible, who is lying; the lawyer or the employees.

I know its possible that the kiddo could have gotten a worse strain.. My cousin and her kids got salmonella really bad but her son got it first from something he ate and his twin brother and mother caught it from him and they got a less severe case of it.

The article is bare bones and doesn't have alot of facts in it, so I cant form a real opinion if they should be paid or not.

j-doggin,

thanks for the reply and I understand and agree with the position about un-necessary frivolous lawsuits. I just have a hard time wrapping my head around the low figure you gave. I would think 8 million would be fair compensation. It will probably be appealed down anyhow or settled for a much lower figure. If you are trying to pitch me on the insurance companies and their struggle to keep their heads above water..well you'll be waiting a long time. I suggest if you want to see the real bandits check the compensation for the ceo of the said insurance companies. That will probably make you vomit.....even if you didn't eat the twister.

Even from the limited information provided in this article, I do not understand how the court could reach the decision they did. First of all, the family had no proof that they even ate at the KFC in question. Second, the idea that four people would share a single chicken wrap sounds very suspicious to me. Third, if they all got sick from the single chicken wrap, then how did the daughter end up with a different strain of salmonella, ("Experts at Westmead Hospital found Monika, her parents and older brother had a common strain of salmonella in their stools, although Monika's case was very rare.") than the other family members. Fourth, why in the three days they were in the hospital did none of them mention that KFC was the cause of their illness. Normally doctors will ask what you had to eat when you present with this type of illness, so it would seem only natural that the fact that they shared a chicken wrap at KFC would have come up at some point. And lastly, I find it almost completely unbelievable that only one chicken wrap in the entire restaurant was contaminated with the salmonella bacteria. When something like this occurs at a fast food restaurant there are virtually always a sizable number of people who get sick.

This whole thing sounds like some judge who felt sorry for the family decided to just hand them a bunch of money from KFC when there was no evidence to support the claim that KFC had anything to do with their illness. After all, the family obviously had financial problems as a result of the daughter's illness, <sarcasm>so why not take money from some evil, deep pocketed corporation and help the family out. After all, they can afford it.</sarcasm> This judge should be embarrassed by handing down such an absurd ruling and should be removed from the bench. While it would still be wrong, I could understand some jury letting their emotions dictate their actions and doing something like this, but one expects better from a judge.

I'm also not sure how or why 4 people would share a Twister. I also don't eat at KFC - gross food - but to decide a case because the restaurant does not meet health department standards? There has to be a great deal more to this than what is reported. If the report is accurate then it looks like the KFC is guilty of health code violations, but the connection to the illness seems rather strained. Was no one else who ate there at about the same time made ill?

That is why the he (Al Gore) invented the internet. Different people can have this happen with germs.

Look it up. : )

Maybe it had to do with WITNESSES!

JS is right... this smells like fraudulent lawsuit to me.

Perhaps they were sickened by something he smuggled in from his home country, but due to Australia's extreme quarantine laws he knew that admitting that was how they got sick would have led to him being arrested; so instead "KFC got us sick"...

I call BS! There's no way one small chicken wrap could be shared 4 ways and then sicken them all with two different strains of salmonella. If they had all had the SAME strain it could have made sense, but I smell scam. But of course, they would have sickened dozens or hundred of people, not one family if the meat was contaminated...

The family clearly had some dirty food - but not from KFC!

Reading the story in The Sidney Morning Herald, which was linked in this story, it appears that this family could have been Muslim. Now if they were I'm not familiar with Muslim customs but it could be that they share their food with each other. As for the salmonella testing showing "a common strain of salmonella in their stools, although Monika's case was very rare", it would not be uncommon to have more that one strain of salmonella in a contaminated food supply since the bacteria evolves into different strains. That appears to not be questioned by the lawyers.

I do agree that there does not seem to be overwhelming evidence that this poisoning was directly related to KFC but:

"You did not tell anyone at the hospital, when you were there between October 27 and 29, that you had shared a KFC Twister that Monday," Mr Barker said in court in July 2010.

"Because there was no direct question at me," Mr Samaan replied.

Maybe the hospital never inquired how they were poisoned. We don't know. And who keeps the receipt of a food purchase when they leave a restaurant especially since there is no sign of ill effects until much later?

RockyRoad gets the "wedge award" for the day.

JS,

If it makes you feel any better, I'll bet the Australians have a hard time understanding how our court system works.

I don't know. It could happen. They could have split the chicken wrap between the 2 kids. I know my son never finishes a whole order by himself. So girl had half and boy had half. Then parents do what parents often do and pick at what the kids dont eat. My husband and I are often finishing my son's food in restaurants. It's not saying that the family went in and only ordered the one wrap and split it four ways.... that's absurd. It didn't have to be the entire inventory was contaminated either. One piece of frozen chicken could have been left out of the freezer a little too long, and instead of throwing it away, the dumb 16 year old kid working there could have just tossed it into the fryer with the rest of the pieces... If it was slightly undercooked... BINGO - Food poisoning.

Now that alone wouldn't be enough to warrent such a large settlement. To me, you would have to prove that the restaraunt was negligent... so that would require finding numerous health violations that put their customers at risk. Otherwise it was a freak accident. Supposedly, they did find other violations (thought they don't say what they were), so they might very well have been at fault.

Some lingering thoughts...Why sue corporate and not the franchise owner? It would seem that this was an isolated incident at the local restaurant, not a chain-wide problem caused by bad corporate policy. I know the reason is money, but is that really fair? Though I admit I don't know much about the relationship between franchisee and corporate to know who takes on what responsibilities. Also- I have not ever heard of simple food poisoning causing such tragic injuries. Usually you get a bad case of the runs for a day or two and get over it. Are we certain that this child received adequate and timely healthcare from the hospital to prevent a treatable illness from turning into paralysis? I'd like to know more about what happened there, It may be that two parties were at fault for the child's injuries. The fast food for causing it and the hospital for malpractice in treating it.

How do you prove you purchased something at a fast food restaurant? Who keeps a receipt from fast food meals?

This sounds fishy, but if KFC doesn't follow food safety regulations then that's a MAJOR strike against them. Unlike some of you here, KFC is one of my favorite fast food chains and they serve the best fried chicken, hands down. Pity it's not so common where I live.

I think the statement about the young girl's case being very rare refers to her extreme reaction to the same strain of salmonella - it does say that they all had the same strain. Some people get seriously ill from being contaminated while others just suffer vomiting, cramps and diarrhea and can recover without much medical intervention. I had it when I was 20 years old and required 3 weeks hospital stay - I weighed 70lbs when I was finally discharged. I had been at a town-wide 4th of July picnic. I remember seeing another person in the e.r. that I saw at the picnic, but I don't think the medical staff ever made the connection. I don't remember if I was ever asked what I ate two days prior - thats how long it took for me to become that ill from it.

Also, I'm not sure if things have changed, but back then it took almost a week to confirm that it was salmonella - something about the bacteria taking that long to develop in the lab.

I think this family's story is plausible.

I wonder why the family didn't mention the marsupial pot pie they ate at the RoadKill Diner? It's terrible about the little girl. If you were on the jury you would want to do anything for her. But no jury has the right to take money away from someone and give it to someone else out of sympathy. People see the company as a cold non living thing that can easily give up the money. The fact is many people rely on companies for jobs, goods and services. These type of costs drive businesses out of business. In cases like this a panel of logical people should be used to award judgments based on evidence and not emotion.

Some of you aren't getting how salmonella works, and many don't seem to understand how family eating can work, either. Why do you feel qualified to judge on the few bits of information in the article whether KFC should pay? Really, did you see all the evidence? I doubt they gave them money out of sympathy...courts don't work that way.

I have two 8 year olds. It IS definitely possible to share a wrap or any small serving of something. Kid takes a bite and says she is done. Other kids says she wants it and takes a bit or two and says it's gross, so she hands it to Mom. Mom takes a bite, but doesn't want the rest of it, sets it down, and Dad finishes it. You have 4 bites that were shared by a family and it is gone.

It amazes me how so many think something "smells fishy" with little to no facts and based only on some article. So the family, who was sickened and very nearly lost a child, and who will have to care for her intensively for life, is called names and say how it was based on emotion, they have no right to it, etc. Wow. So you all were there and you know? I hate to tell you this, but any place that serves food has an obligation legally to the public to keep the food they serve safe to eat. All it takes to spread salmonella is one touch on a contaminated surface, and although cooking makes a big difference, sometimes food isn't cooked thoroughly and sometimes workers touch a surface and then your food.

Really, do we have to do the blame the victims game? We don't know if 30 people saw them eating, and it seems that blame is the new standard of living now. I really doubt they were awarded this out of sympathy. You can indeed contaminate one piece of food, and that could have been the only one contaminated from the distributor or one that was set on a dirty counter or touched by someone who had been sick. I don't have all the info and I bet no one else here does. I have seen KFC do some pretty nasty things and if you knew what many places don't clean you wouldn't want to eat out.

@ wryview (How do you prove you purchased something at a fast food restaurant? Who keeps a receipt from fast food meals?) I haven't in the past, but will start today - because if I get sick I'm going to prove I ate there and become an instant millionaire. It won't really matter that I didn't get sick from a particular restaurant, I will still file a stupid lawsuit, win and live the rest of my life in the lap of luxury. Anymore - this seems to be the American way........

Ugh at all the talk of sharing food, do y'all share drinks too? Yuck especially kids, and yes I'm a mom so I know how gross kids can be, want a little backwash with your tea? gross gross gross!

exactly right chouse thats what i say if she got a rare form what about the other customers hey SAMAAN get a real job and stop feeding your family rotten food and expectin a big chain to pay your bills A--hole

JS in SD and others:

All of the family had the same strain of Salmonella the quote "although Monika's case was very rare" is referring to the outcome of her infection not the salmonella.

The entire case by KFC hinges on whether the family had purchased the food item from their store. That is the single only defense they have. The epidemiological evidence pointed to KFC being the only likely source. Also workers on the day reported chicken dropped on the floor would be picked up and placed back on the work surface.

As for people finding the sharing of the food odd, well I find it odd many think this. In evidence Monika's family said she could not finish the item so they divided the rest between the family not wanting to waste food. A side note is that a Twister in Australian KFC is rather large for a seven year old to consume.

1FSGitzWife - thank you! I thought it was just me getting grossed out with all the comments about sharing food other people had already chewed on! That's right up there for me with using someone else's toothbrush. When I thought about 4 people sharing the same item I thought of them cutting it up in four pieces. While I certainly understand there may be cultural differences, I still also think there was more to the case than what is in the article. And I agree - no one keeps the receipt from a fast food restaurant unless they are on an expense account.

sorry - 1SGFitzsWife

Four people sharing a twister? Seriously? I can see it being finished by someone, but that is all they purchased? For how many people? Lots of unanswered questions. I think they should have to prove they made the purchase, otherwise, anyone can get sick by something they ate and blame it on Burger King, KFC, Pizza Hut, etc. Where does it stop? Make them prove it, or I'm sorry. Why should KFC (and I don't eat there, it always smells disgusting, but that's me) or anyone else have to pay 8 million + dollars on someone's word? I'm sorry for this family, but omg, if this decision stands without full proof, can you imagine how many copycats there will be?

Anita- cutting it up would be one thing, but just blatantly taking a bite of someone elses food?? I have never and will never share food/drinks with anyone, your toothbrush analogy was spot on!

They are not talking about receipts, they are talking about computer records. Every item sold by every outlet is in the computer and the time it was sold. KFC says that what these people say they ordered, when they ordered it didn't show up. BTW, 4 people sharing one snack wrap? Not likely... and if there was a problem, why didn't anyone else get sick?

To me, the salient point is that nobody else who ate in the restaurant, that day, got sick. How do you contaminate only one portion of one meal?

By setting one twister in the wrong uncleaned spot, or by touching it with one unwashed hand. Very possible. Given the amount of uncooked chicken in a KFC and the number of people handling it, I can see the liklihood of the salmonella poisoning coming from there quite high. The number of unreported food poisonings is enormous.

It's not even about a receipt... honestly.. I bet if they would have at least told the doctors about the KFC then it'd be a non issue.. It's a scam.. You can't just get sick.. then blame it on whomever you want..

Mewers

The family only took the law suit out AFTER the food health authorities after doing a thorough epidemiological investigation concluded KFC was the likely source of the infection. Perhaps a little more fact finding before making rash statements may have been wise.

that'll leave a mark on the back of that white suit...

I agree, I can't see how only one family was poisoned if a public KFC-- as busy as they get-- was the source. These sort of outbreaks yield more than one family of victims.

After having food poisoning at my company's cafeteria about 15 years ago, I know that the last serving I had of chicken pot pie was probably at fault. After abruptly leaving work with nausea and barely making it home - vomitting and diarrhea, not a pretty picture - I foolishly refused to go to the hospital to get checked out and suffered, miserably, through the ordeal. Luckly, I made it through after a few days.

I'm guessing that if other people at this KFC ate the same chicken, they probably suffered silently and stayed home not going to the hospital and reporting it. Maybe, someone actually died and no one knew the cause.

I agree with the receipt "thing", I rarely keep ours. If the computer didn't reflect the purchase, then this is definitely fishy. Did the family take their food home? Was it left in the car for a long time before they got home? Maybe Muslims share their food, non-Muslims do this, too, but a little chicken wrap? Seems very strange...

People always blame the last thing they ate because that is what comes up. The incubation period for salmonella is 6-72 hours and some types of food poisoning can take weeks. Most people aren't going to say it was the burrito two days ago because the fact is you simply don't know unless there are multiple cases.

Agree with Patrick. I've had salmonella poisoning and that's exactly what the doctors tell you - up to 72 hours incubation. I was on vacation in Florida, so that was at least 9 meals over three days. How do you prove which meal contained the bacteria without a larger outbreak to find commonality?

Sounds to me like Australia also has a crooked justice system like the US.

The first thing I thought while reading this was "They all got that sick from sharing one Twister?" That seems more than a little weird to me. Although I guess there have been situations where fast food was viral enough to kill the eater, which that Twister would have been, to get that many people that sick.

If their claim's legit, Yum! owes it to them to take care of the girl's medical bills and investigate the origin thoroughly. If it's not the restaurant's fault, then the parents really ought to be looked at because someone did something to that kid. It would be awful if her parents had poisoned her in an attempt to "strike it rich". Yikes.

They probably never went to KFC.

if you eat out of the dumpster...at any fast food place...odds are not in your favor...of it being a happy meal...plain bob 2012...

Actually if a food is bad, you can smell something, even if it is minute. I had gotten food poisoning from Chick fil a 3 times, 2 times, I thought I might have smelled a bad piece of chicken filet but it was so small I was not too sure until I had gotten sick, the first time, was in a chicken salad sandwich, the other smells may have covered it up.

If I had gotten sick at Chick Fil A not once, but 2 times....I likely wouldn't have eaten there a third time... You're brave.

I have taken the "Serve Safe" food safety course and passed the exam. Botulism, for one, has NO smell. There are SO MANY food-borne illnesses, most with no odor, that it makes one hesitant to eat ANYTHING not cooked to death.

After having food poisoning myself, this is definitely true. Especially when the food is served hot. The chicken pot pie I had tasted fine and smelled fine. There was no way to know if it "went bad". And I'm pretty picky about food.

Yes, one kid takes a bite and says, Ick. Sister picks it up and takes a bite...gross. Mom tries it and thinks it's gross too, sets it down, and Dad finishes it. Yes, it is possible and happens a lot without people thinking about it. And if you believe that you can always smell bad food you might want to go take a food safety course. You just plain can't always tell.

Have you ever had another family member order something and you asked for "just a taste" to see what it's like?

Hey, zyxwvutsrqponmlkjihgfedcba: Does your name have any silent letters in it?

Couldn't spell that name until the 6th grade...!

it's short for...zebras you x-ray with very useless tinted stripes read quick paragraphs on news media like klondike indians have good friends extract dumb canadian's become anal...

Sometimes, you aren't at home at mealtime. - Unless, you never leave your house.

I would rather have home-cooked food, also, but I don't know anyone who hasn't eaten fast food at one time or another. I actually like KFC, but don't eat there very often.

Also, based on the hygienic habits of the cook and the state of their kitchen, you can just as easily get food poisoning at home. Most kitchens aren't FDA approved. I love my mother, my husband and I currently live and care for her since she's elderly, but she has a habit of leaving butter on the counter at room temperature, all day long. She also leaves food sitting around far too long and doesn't always clean her counters with bleach water or wash dishes correctly. Of course, she's not the germ freak I am. I have to "beat" her in a race to wash dishes (no dishwasher) and am constantly putting food in the fridge that she'd leave sitting out, otherwise. The instructions, "Refrigerate after opening" mean nothing to her.

@ patrick demarco - i agree with you - i just watched either Judge Judy or PPls' court where they had a similar case and it was determined the guy either didn't wash his hands (after a day of boating) or he got sick some where else - food poisoning takes at least 2 days after eating before you become sick.

AnnCole86 - Depending on what causes the food poisoning, it can occur 30 minutes after eating, to days, to even weeks. That's according to the Mayo Clinic, not Judge Judy. It doesn't always take 2 days. Many types of bacteria fall under the category of food poisoning, so the symptoms may be different, as well as the incubation period. I got sick 1 1/2 hours after eating chicken pot pie (chicken and dairy) at my firm's cafeteria - last serving due to me taking a late lunch. Maybe the food wasn't hot enough to kill whatever was lurking in it. I thought it was salmonella, but because I didn't go to the hospital, I don't know what bacteria or type of food poisoning I had.

All I know is that it was all I could do to get home where I literally, "exploded" with vomiting and diarrhea combined with severe stomach cramps. When you have these symptoms, your body recognizes the "intruder", so tries to get rid of it through any means necessary.

Funny thing is, the cafeteria at work, where I contracted the food poisoning, used to serve "pan" chicken pot pie (heated by steamed water under the pan) at least once every 2 weeks. After I got sick and returned to work within 3 days, the cafeteria stopped serving chicken pot pie for the next 2 years.

I do find it rather odd that they claim the cause was one 'twister', eaten by 4 people, from a restaurant that makes many, many of these 'sanwiches' on a daily basis and only this 'twister' was contaminated? I am not saying it didn't happen, just wonder why more people weren't affected.

We got take out at KFC about 15 years ago. It was OK.

i got the same thing last week...i left it in the car... hope it's still good...yummmmm...ohhhhh...

It said her reaction was rare, not that the strain was different.

Then you never shared a taste with others. That doesn't mean others can't do that.

Everyone's system is different...maybe her system was weaker than her family members...ever think of that???

What an awful sentence

Experts at Westmead Hospital found Monika, her parents and older brother had a common strain of salmonella in their stools, although Monika's case was very rare.

Although Monika, her parents and older brother had a common strain of salmonella in their stools, the severity of Monika's illness was very rare.

I agree for the most part; but this was also a freak occurrence. One that KFC seems to refuse any responsibility for. Bad PR on their part...

And your decision that it is highly suspicious is based on little or no evidence. It is your opinion. The girl will need intensive care forever. I'm thinking that could be a bit expensive, so perhaps the jury who had the evidence to review took that into account.

KathleenMcCoy--

The girl will need extensive medical care the rest of her life. And with her mental faculties impaired, she will never be able to lead the life she might've otherwise had. I don't think the settlement is obscene; I think the capacity to translate human life into a dollars and cents value is what's really obscene. The girl's potential for her future was robbed from her. I can't think of an adequate price for that.....

Not really. All it takes is that one piece of food be contaminated at one tiny spot during the whole processing. It is possible definitely.

This is what I was thinking and makes total sense, also food in the family car is always shared around. I also, don't buy the fact that everyone needs to get sick. It may not be the chicken that was bad but what came in contact with that particular piece of yicken before it was sold.

Thank you for voices of reason here! Of course it can happen and does fairly often. It is so easy to decide people are lying when we don't have all the facts or aren't thinking of all the possibilities. One person can get sick and everyone else be able to stay well or not get that particular bite that was contaminated.

You can probably, coulda and shoulda all you want to. There is not enough evidence in this case to make a judgement like this. Where is the proof? What did they eat before the KFC meal? Was there other chicken contaminated? Was the batch of chicken it came from tested? Where is the register receipt? If 2 people say a food product is bad, why keep passing it around? Too many questions and not enough answers. That is not to say I don't feel sorry for the girl and her family.

Well in another article, they are saying that pizza is a vegatable, so there is no way that chicken could cause this catastrophe to happen.

Just because only 3 got sick does not mean there wasn't contaminated food. It could have come from anywhere...a contaminated knife, unclean hands, contaminated counter. When my children were younger it was not at all uncommon for me to give them a bite of my dinner. They often wanted to taste it.

As the mom of a special needs child who has brain damage, I can for a fact say that the award is a drop in the bucket when it comes to medical bills and care.

Just read through other comments and think. Sharing...ever heard of it?

Yes, you're an idiot. John knows of plenty of cases in which the trial was entirely contingent upon an internet comment thread of barely-informed individuals passing snap judgements on cases and people of which they have barely any information. Tell 'em, John!

When you're wearing the company's brand on your shirt, you ARE the company. You represent everything that the company does, and you are essentially the face of the business, acting on its behalf. This girl is now brain damaged and in a wheelchair. No amount of money will "fix" it, but I'll bet they'll invest more money in food safety training. Trust me, unless a visit from an inspector is imminent, food safety is generally not at the top of the list. You have too many other things to worry about to keep your restaurant running at minimal labor hour usage.

I used to work at a fast food place as a shift manager, and I had to stay on people to clean all the time. Most workers were younger and had no clue how sickness is spread and would set things on dirty counters, tell me they cleaned the drink machines when I knew they didn't...you have any idea what grows in the spigots where your soda or milkshakes come out of the machines if they aren't disinfected? It took a lot of education and me making sure they did their jobs to keep things clean, and I know for a fact not every manager knows the facts about food safety or would care. Then add contamination before a piece of food gets to the restaurant and you have a sick person/people.

John, you called someone a name...feel better now?

Zero evidence that the family has EVER eaten at a KFC yet.. this family got sick from one, and everyone feels so so sorry for them and want big business to pay out... no wonder they will be awarded 8.3 million, people are such morons.

Unless of course, this article was lying, and there was a receipt.. or they did tell there doctors what they ate..

*Notice the Defense's argument that there wasn't any evidence THAT FAMILY had purchased a "Twister", and that they didn't inform the hospital specifically that they consumed a TWISTER. Very clever wording, yet perhaps erroneous in concept because if the family had paid in cash, KFC may not have been able to determine WHO purchased a Twister that day, and if the family hadn't made an immediate connection that the Twister was the offending food product, they could have informed the hospital simply that they had "KFC". Sounds like the judge didn't fall for the Defense's dirty attempt to make liars out of the family.

I'm sickened by everyone here who thinks this family is just out for a chunk of change. What do you think they're going to do with the judgement?...go on vacation?....gamble at casinos?...buy a new house with a pool? Come on, get real. They're going to pay a mountain of medical bills that they've incurred since their daughter was 7 years-old, and continue to care for her with severe brain damage and confined to a wheelchair...for the rest of her life! Monika was robbed of her youth! Try to put a price tag on that one!

KFC should concentrate on upgrading their hygienic practices to make them food-safe to reduce their risk of a future incident, rather than quarreling over this judgement!

And because it's somewhat related, everyone, globally, should consider reducing the risk of salmonella poisoning...watch a documentary called, "Meet Your Meat", which highlights a lack of health standards in the meat industry.

I think some people are missing the point here. They clearly stated in this article that they used past food handling practices of this specific KFC, as part of the way they came to the conclusion of them being responsible for the poisoning. Families with little kids share food all the time. No matter how small the meal. The courts come up with an $8 million dollar judgement because they have to come up with a number that will be an eye opener to the guilty party. Just like when they fine a professional athlete $5,000 after breaking the rules for a dirty hit, or a failed drug test. If you fine a multiBillion dollar company $100,000, what would be the point? The fine would not be big enough to deter them from fixing the problem. Cheaper to pay the fine, and continue with business as usual. You have to hit these companies in the wallet. In the grand scheme of things, It's the only thing they care about. Their bottom line. People really can't see that? Personally, I think they got off pretty easy. If someone said they'd give you $8 million to be in this little girls shoes, would you do it?

Meanwhile, if one looks outside the box, what's the likelihood that after the family of 4 got sick, they proceeded to go after every fast food joint they'd eaten at in the week before? We're not told about any of that, only the part that makes KFC look like crooks.

You know how you recognize when the business is not at fault? People spend the first half of the comments page being grammar obsessed, and those who oppose it on the half of the page obviously neglected to read the article beyond the first two paragraphs - they simply saw "KFC, Small Child sick, lots of money" and painted their own picture of what happened when KFC questioned why they should pay for being an unconfirmed source of the illness. Enough evidence exists to present reasonable doubt that the proof cannot dissolve; how are they criminals in this particularly when it can't be proven that they've done anything wrong? People who take their kids to KFC also go to McDonald's, Luby's, and Chick-Fil-A, all of which also sell products which can contain salmonella. Most people can't even remember what they did the day before, so these people not remembering the other places they'd been to is not that big of a shock.

Sarannea,,,,get a grip on reality! The family didn't have a receipt (hence no proof) of their supposed purchase. The Defense was telling them to PROVE it and they couldn't. Nothing whatsoever to do with "clever wording"! Ever heard the term "Proof of Purchase"? THAT'S what the Defense was asking to see.

Are you trying to tell me that if you and three family members went to Taco Bell, bought a burrito and split it four ways (absurd in itself!) , several hours later all fell ill and hospitalized with vomiting and diarrhea,,you couldn't figure out nor tell the hospital staff what might be causing it???? I'm sure you've gotten sick from something you've eaten in your lifetime. And I'm willing to bet you knew EXACTLY what caused it!!! If you go to the hospital with vomiting and diarrhea, one of the FIRST things the hospital paramedics will ask is: "What did you eat or drink?" and you're going to tell those doctors EXACTLY what you've ingested so they can figure out what's wrong and make you better. These four people didn't do that. WHY???? Doesn't take a genius to figure that one out!

And of the HUNDREDS (and maybe thousands) of "Twisters" sold that day,,,,don't you find it just a LITTLE bit curious that NO ONE else got salmonella??? Just that ONE!!! The ONE which happened to be split four ways, by four people who hours later couldn't tell a doctor what they think MIGHT have made them sick!

Sorry honey,,,,it just don't wash! (and neither does your logic!)

I can't tell you how many people i know who have gotten extremely ill from kfc, including myself. Yes i would much rather have a homecooked meal, but many of us have jobs that require the culinary aid of these horrible fast food franchises. Since the last time i got sick at a kfc i have neer returned, and in my opinion the judgement was barely a slap on the wrist.

And of the HUNDREDS (and maybe thousands) of "Twisters" sold that day,,,,don't you find it just a LITTLE bit curious that NO ONE else got salmonella??? Just that ONE!!!

I don't find it odd at all. It's called cross contamination and it's a very common form of food poising. The bottom line is who ever made that particular Twister forgot to wash their grubby hands after handling raw chicken or after taking the trash out.