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 outline the family's claim that the food was compromised.
Inspire Brands, the parent company of Arby's, is also included as a defendant in the case.
The lawsuit seeks damages for medical expenses and emotional distress.
Authorities are examining the alleged spitting incident.
If proven, the case could create a precedent for food safety litigation.
The family were unaware 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 advised to remain vigilant about food safety.