A 68-year-old Chicago woman filed a federal lawsuit against Wendy’s seeking more than $75,000 in damages after a DoorDash delivery of a double cheeseburger and baked potato allegedly left her hospitalized twice with a severe bacterial infection and $93,578 in medical bills, according to court documents filed in the U.S. District Court for the Northern District of Illinois.
Lawsuit Details and Medical Claims
Roxie Ellis Douglas initiated the legal action on July 30, 2026, naming Wendy’s Properties, LLC as the defendant under docket number 1:26-cv-10092, as detailed by NBC 5 Chicago and reported by Hoodline. According to the complaint, Douglas ordered the meal on August 5, 2025, from the Wendy’s location at 8645 S. Stony Island Ave. on Chicago’s South Side. The food arrived via DoorDash in a sealed, unopened bag, according to coverage from The New York Post.
The lawsuit alleges that Douglas contracted a Campylobacter intestinal infection, which triggered acute infectious colitis, gastroenteritis, leukocytosis, dehydration, and hypokalemia secondary to diarrhea. Court exhibits cited by The New York Post show her healthcare costs totaled $93,578.24, including a $2,848.50 ambulance ride to Advocate Trinity Hospital, $24,434 for an initial three-day hospital stay, $42,857 for a second five-day stay at the same hospital a week later, and a nearly $13,000 colonoscopy in January 2026.
The complaint accuses Wendy’s of negligence, strict product liability, and breach of the warranty of wholesomeness. Specifically, the filing alleges the fast-food chain failed to use safe and proper food storage, preparation, and handling practices, failed to adequately prepare the meal for human consumption, and failed to eliminate Campylobacter and other illness-producing bacteria before the food left the restaurant’s control.
Pathogen Transmission and Legal Jurisdiction
The case presents a distinct epidemiological challenge because Campylobacter is a pathogen predominantly linked to raw or undercooked poultry, meaning Douglas’s claim involving a beef cheeseburger hinges on proving cross-contamination inside the restaurant kitchen, according to reporting highlighted by Yahoo News NZ.
Data published by the Centers for Disease Control and Prevention and cited by Virginia Tech Extension indicates that Campylobacter bacteria infect an estimated 1.5 million people in the United States annually, making campylobacteriosis one of the leading causes of bacterial diarrhea. Furthermore, CDC surveillance studies published in PubMed show that while adults aged 65 and older represent a smaller overall share of total cases, patients in this age bracket face significantly higher rates of hospitalization and severe complications compared to younger cohorts.
Wendy’s successfully moved the lawsuit from state court—where it was initially filed on July 30, 2026—into federal court on August 20, 2026. Under 28 U.S.C. § 1332, corporate defendants can remove personal injury lawsuits to federal district court when the opposing parties reside in different states and the amount in controversy exceeds the $75,000 statutory threshold. Because Douglas is seeking damages above that threshold, federal jurisdiction applies.
DoorDash is absent from the lawsuit as a defendant. Legal industry analysis from Latent Insurance notes that third-party delivery platforms are generally shielded from food product liability claims because commercial delivery insurance covers motor vehicle accidents and courier injuries while explicitly excluding food contamination claims. This leaves Wendy’s as the sole defendant, requiring Douglas to establish that the food was contaminated before exiting the restaurant.