INDIO, Calif. (CN) - A woman claims in court that she was hospitalized for five days after a Jenny Craig Weight Loss Center fed her a turkey burger with nuts despite her warning that she had diverticulitis and could not eat nuts or seeds.
Carol Kearn sued Powers-Groat Enterprises dba the Jenny Craig Weight Loss Center in Riverside County Court.
She seeks damages for medical expenses, pain and suffering, negligence, negligent misrepresentation, and negligent infliction of emotional distress.
Kearn claims that when she went to the Jenny Craig center in Palm Desert to join its weight loss program, staff member Pam Parks entered her information directly into a computer.
Parks is not a party to the complaint.
"When plaintiff was asked about medical conditions, she informed Ms. Parks that she was on blood pressure and cholesterol medications and that she had diverticulitis," the complaint states.
It continues: "When 'diverticulitis' was entered into the computer, the computer flashed 'NOT TO REGISTER.'
"Pam Parks assured plaintiff that she would not be given any foods which might contain nuts, seeds or popcorn, and a new registration was started with the help of another staff member of Jenny Craig and the diverticulitis condition was not entered.
"The staff member at Jenny Craig went over the foods with plaintiff and crossed off items she thought would have nuts, seeds or popcorn and substituted them with other products."
The next day, Kearn says, she ate frosted oats cereal and a turkey burger provided by Jenny Craig.
"Shortly after eating the turkey burger, plaintiff started to have excruciating stomach pains and later that night started vomiting," the complaint states.
"Plaintiff subsequently determined that the turkey burger contained peanuts, the very item that she was told by Jenny Craig was excluded from her diet due to her diverticulitis condition."
Kearn says she was admitted to a hospital the day after that, on July 21, 2010, and was "put on a liquid diet for one week and subsequently discharged on July 26, 2010," By that time, she had allegedly rung up more than $61,500 in medical costs.
Kearn says her expenses, and her pain and suffering, were "directly related to the failure of Jenny Craig to provide her with food containing no nuts as warranted by her diverticulitis condition."
She is represented by Jeffrey Yoss of Palm Springs.
Read the Top 8
Sign up for the Top 8, a roundup of the day's top stories delivered directly to your inbox Monday through Friday.