Mom Lavinia Kelly has been in the hospital for over three weeks after snacking on Nacho Cheese at a gas station. The ordeal left her paralyzed as she contracted a rare type of food poisoning, or botulism. Her family filed a lawsuit against the gas station, especially after learning Kelly wasn't the only victim.
Lavinia Kelly was driving home from work when she decided to get snacks at Valley Oak Food and Fuel gas station in Sacramento. She picked up a bag of Doritos and drizzled it with the cheese sauce.
Later, however, she complained of feeling fatigued and experienced double vision, so she and her partner went to the Sutter Medical Center.
Doctors could not find anything substantial so Kelly was sent home. By evening, Kelly started vomiting and had breathing problems, so she was rushed to the ER.
In intensive care with botulism
Lavinia Kelly is now on a ventilator at the hospital's intensive care unit. The food poisoning, also known as botulism, made her lose motor control to the point that she couldn't even open her eyes. She also cannot talk and still has the occasional breathing problems.
Botulism occurs rarely but it is a serious illness that could even cause death. It happens when the botulinum bacteria multiplies and releases nerve toxins that can lead to fatigue, blurry vision, difficulty in breathing and muscle weakness.
It is more often associated with home canning and improper handling of food. Experts said the poisonous environment could only be created by human mistakes.
Investigating more cases
Sacramento County health officials are conducting more investigations into potential botulism cases tied to the same gas station. Allegedly, nine people have been hospitalized, while five continue to receive treatments.
Authorities already stripped Valley Oak Food and Fuel of its business permit following Lavinia Kelly's case. Authorities also advised anyone who's had nacho cheese snacks at the gas station from April 23 through May 5 to have a doctor's assessment.
Kelly's family filed a lawsuit against Valley Oak Food and Fuel for negligence, product liability and breach of implied warranty.
"Lavinia Kelly experiences significant pain all over her body constantly. She is receiving methadone and Neurontin for pain control. [Her] medical condition is poor, and her prognosis uncertain," the lawsuit stated, as per Food Safety News.
The family's lawyers have yet to determine the damage's cost especially still remains in the hospital. Previous botulism lawsuits have amounted to millions of dollars because of the victim's treatment costs.
