A Chicago woman has filed a lawsuit against Wendy's, alleging that a double cheeseburger delivered to her home caused a severe bacterial infection that required two hospitalizations and left her with more than $93,000 in medical expenses.

Roxie Ellis Douglas, 68, says she contracted Campylobacteriosis after eating the burger, which she ordered online on Aug. 5, 2025, along with a baked potato, from a Wendy's location on South Stony Island Avenue. The meal was delivered by DoorDash in a sealed, unopened bag, and nothing appeared to be wrong with the food, according to the complaint.

The lawsuit alleges the burger was "contaminated with Campylobacter and other illnesses producing bacteria" when it left the restaurant's control and was "unreasonably dangerous and in a defective condition" upon arrival. Douglas claims the food was "not fit for the uses and purposes intended — human consumption."

Illness and Medical Bills

The day after eating the meal, Douglas began experiencing symptoms. Her lawsuit lists a cascade of gastrointestinal problems, including acute infectious colitis, dehydration, gastroenteritis, leukocytosis, and hypokalemia secondary to diarrhea.

Court exhibits cited in the complaint show $93,578.24 in healthcare bills incurred since Aug. 6, 2025. These include a $2,848.50 ambulance ride to Advocate Trinity Hospital, $24,434 for an initial three-day hospital stay, and $42,857 for a second, five-day stay a week later. Douglas also underwent a colonoscopy in January 2026 that cost nearly $13,000.

Campylobacteriosis can be especially dangerous for people 65 or older, as Douglas is. The World Health Organization notes it is the most common bacterial cause of gastroenteritis in humans and can be fatal among infants, the elderly, and those with suppressed immune systems. The infection typically comes from exposure to, or cross-contamination with, raw poultry or milk.

Legal Claims and Jurisdiction

The lawsuit, initially filed in state court on July 30, accuses Wendy's of negligence, failure to use safe food storage, preparation, and handling practices, and breach of warranty of wholesomeness. It also includes claims of strict product liability, alleging the company failed to adequately inspect its food, eliminate the presence of Campylobacter and other illness-producing bacteria, and warn consumers of potential dangers.

Douglas is seeking over $75,000 in damages. However, Wendy's, which is based in Ohio, has asked that the case be heard in federal court, citing the significant sum being sought and the fact that the dispute involves parties in different states. The case was formally moved to federal court on August 20.

Background and Response

Douglas said she trusted Wendy's to safely prepare her food and never expected her meal to contain a "deadly pathogen." Her complaint states the food was already contaminated when it left the restaurant and was not fit for human consumption.

Wendy's has been contacted for comment but has not yet issued a formal response.