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 is confronting felony poisoning charges linked to the incident.
Legal filings detail the family's claim that the food was tainted.
Inspire Brands, the parent company of Arby's, is also named as a defendant in the case.
The lawsuit requests damages for medical expenses and emotional distress.
Authorities are examining the alleged spitting incident.
If proven, the case could establish a precedent for food safety litigation.
The family was clueless of any contamination until after falling ill.
Arby's has yet commented publicly on the allegations.
The case has attracted media attention across the country.
Consumers are urged to remain vigilant about food safety.