It would seem strange for a doctor to file a frivolous injury lawsuit, so we'll give the benefit of the doubt to the case of a San Jose woman, who is a doctor, who claims that an extra-spicy Thai dish caused her permanent internal injuries.
Dr. Harjasleen Walia, a San Jose-based neurologist, says she dined at Los Gatos Thai restaurant Coup de Thai in July 2021. According to the lawsuit, per Bay Area News Group, Dr. Walia told her server that she could not tolerate spicy food, and she ordered an appetizer of "Dragon Balls" — spicy fried chicken meatballs — to be made "mild," which the server allegedly said they would request.
A supervisor at the restaurant contends, in comments to Bay Area News Group, that this dish can not be made in a "mild" version, because the mixture in the meatballs is not made to order, and they come with Thai bird's eye chili already inside them. Diners are typically told to choose something else if they can't tolerate spice, the employee reportedly said.
Dr. Walia was served the Dragon Balls, and she says she "felt her entire mouth, the roof of her mouth, her tongue, her throat and her nose burn like fire." She also claims she began coughing, and the lawsuit claims that she later was diagnosed with internal "chemical burns" to her vocal cords and esophagus, and there was a reported injury to the inside of her right nostril as well.
The lawsuit further alleged that Dr. Walia and a dining companion had asked for milk, yogurt, or ice to quell the burning she was experiencing, but none was provided.
The news group consulted Dr. Kelly Johnson-Arbor, who works at the National Capital Poison Center in DC, who contends that Thai bird's eye chilis — which are not typically as spicy as habaneros — are associated with mouth and throat irritation, as well as occasional nausea and heartburn, but permanent damage seems unlikely.
Still, Dr. Walia has persisted with this lawsuit, which was originally filed in 2023. And as Bay Area News Group reports, she and her new attorney were granted a reprieve this week when the judge in the case, Santa Clara County Superior Court Judge Evette Pennypacker, agreed to delay the trial until March. The delay had been requested because Dr. Walia and new attorney David Shane say they need more time to engage in settlement discussions with the restaurant.
Dr. Walia had parted ways with her previous attorney several months ago, and last week, Judge Pennypacker had told the new attorney that there was "ample time before trial to engage in settlement discussions" given an August 25 trial date. But this week, Judge Pennypacker apparently relented upon reconsideration, and a March 23 date has been set.
The Dragon Balls remain on the menu at Coup de Thai for $12, and the menu says they are made with chicken, mint, shallot, green onion, cilantro, kaffir lime leaf, chili, and rice. They do have a red chili symbol next to them, indicating they are spicy, while none of the other dishes in the "Thai tapas" section of the menu are listed as spicy.
Photo via Coup de Thai
