"Spat-On Food Led to Herpes Infection"... Franchise Employee Indicted on Felony Charges

Photo: New York Post, 10News
Photo: New York Post, 10News

[Sportschosun Jang Jong-ho] An employee at a well-known U.S. fast-food chain has been indicted on felony charges after allegedly spitting into a customer's food. The customer, who claims to be a victim, has also filed a civil lawsuit, saying he contracted herpes simplex virus 1 (HSV-1) after eating the meal.

According to U.S. media outlets including the New York Post, an employee identified as A at a franchise restaurant in Broken Bow, Oklahoma, had been under investigation for allegedly spitting into the food of customer B, who used the drive-thru late at night in March.

The case began with a tip from another employee. Police said the investigation started after a different worker reported that "A spat into a customer's food."

Police later obtained CCTV footage from the store and analyzed the incident.

According to the investigation records, the video showed A touching a burger patty before leaning his face toward the food. Police said the footage confirmed that saliva fell onto the meal.

B, who had stopped by the restaurant after work, said, "It took longer than usual for the food to come out after I ordered," and added, "I thought the staff were angry because closing time was near."

After reviewing the video, police questioned A and later sought an arrest warrant on charges of introducing a harmful substance with intent to cause injury. The charge is classified as a felony.

The case has expanded beyond criminal proceedings into a civil lawsuit. B and his family have filed a damages suit against the employee and the company that operates the store.

The complaint states that B later developed abnormal symptoms around his mouth and was diagnosed with a herpes simplex virus type 1 infection.

However, it has not yet been legally confirmed whether the infection was actually caused by contaminated food.

Medically, HSV-1 is generally known as a virus associated with herpes labialis. It is mainly transmitted through the saliva or skin contact of an infected person, and infection can occur even when symptoms are absent, making it difficult in many cases to identify the exact route of transmission.

There is currently no cure for herpes and no commercially available preventive vaccine. However, antiviral medications can help reduce symptom severity and the risk of recurrence.

B expressed concern, saying, "Not only the child but also the family shared the food, so everyone may have been exposed." Police and the court are continuing to investigate the circumstances of the case.

Jang Jong-ho, bellho@sportschosun.com

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