An Oklahoma family brought a lawsuit against Arby's and a former employee, alleging that an HSV-1 herpes infection resulted from the employee allegedly spitting in their food.
The former manager faces felony poisoning charges linked to the incident.
Legal filings describe the family's claim that the food was compromised.
Inspire Brands, the parent company of Arby's, is also listed as a defendant in the case.
The lawsuit requests damages for medical expenses and emotional distress.
Authorities are investigating the alleged spitting incident.
If proven, the case could create a precedent for food safety litigation.
The family was clueless of any contamination until after falling ill.
Arby's has not responded publicly on the allegations.
The case has gained media attention across the country.
Consumers are advised to remain vigilant about food safety.