In a recent lawsuit, a neurologist named Harjasleen Walia has filed a complaint against the Coup de Thai restaurant in Los Gatos, claiming that the restaurant’s Dragon Balls appetizer caused significant injuries to her vocal cords, esophagus, and the inside of her right nostril. According to a report by Mercury News, Walia alleges that she has suffered permanent damage and will never fully recover.

The case, set for a jury trial on August 25 of next year, is anticipated to last between five and seven days. In previous court documents, the restaurant denied any wrongdoing regarding Walia’s injuries. As of August 23 this year, the restaurant and its owner were still seeking medical records related to the incident.

Walia’s lawsuit recounts an incident from July 2021, when she dined with friends at the restaurant, located on North Santa Cruz Avenue in the affluent South Bay area. They ordered various appetizers, including the Dragon Balls. The restaurant currently describes the dish on its website as “spicy chicken balls made with mint, onion, scallion, cilantro, kaffir lime leaves, chili, and rice flour, served hot,” priced at $11.

Due to the advertised spiciness of the dish, Walia requested that the server “reduce the spice, as she cannot tolerate spicy food.” According to her claims, the server assured her that they would inform the chef to lessen the heat.

Shortly after Walia filed her lawsuit, a restaurant manager told Mercury News that the Dragon Balls cannot be made mild since the chili is already incorporated. Luck Pryer, the manager, stated that if a diner wants the Dragon Balls but cannot handle spicy food, the restaurant typically recommends an alternative dish. He added that the establishment had never previously encountered a customer who reported being burned by the food and requiring medical attention.

In her suit, Walia mentioned that a new staff member reportedly made an error while preparing the dish, failing to reduce the chili as requested and instead adding more. She claims that almost immediately after taking a bite of the Dragon Balls, she felt as if her entire mouth, the roof of her mouth, tongue, throat, and nose were being burned. Walia described experiencing tearing in her eyes, a runny nose, and an onset of coughing.

The lawsuit specifically targets the Thai “bird’s eye” chili, stating that its ingredients are “unsuitable for human consumption.” Walia argues that the restaurant “did not take precautions and did not consult health officials or emergency services regarding the risks associated with adding excessive amounts of Thai chili to appetizers like the Dragon Balls.”

A physician from the National Capital Poison Center mentioned that while eating Thai chilies can irritate the mouth and throat, leading to nausea and heartburn, “they are not associated with permanent tissue damage.”

According to court documents, Walia is seeking medical expenses, lost income, and damages totaling over $35,000.