A Fuss Over Pus

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A Fuss Over Pus

A 17-year-old South Philadelphia girl is suing her neighborhood Chinese restaurant for allegedly serving her a fried sweet potato ball stuffed with "a dirty, bloody, pus-filled Band-Aid."

However, the manager of the Grand King Buffet at 40 Snyder Ave. says that no one in his kitchen was wearing a Band-Aid on the day she and her family patronized his establishment.

According to the lawsuit, on Oct. 4, 2000, then 14-year-old Anastasia Roberts chewed on a soiled bandage -- it had apparently been seared into her appetizer -- for at least 40 seconds before realizing what the rubbery substance was. Her mother, godmother and sister say they witnessed the incident.

"It's a pretty horrible case," says attorney Paul Czech, whose Center City firm is handling the matter. "Initially, she was suffering from gastrointestinal disorder, and she underwent a colonoscopy and an endoscopy. But no one ever found any physical reasons for her ailments -- they were all psychological."

Czech says that at the outset his firm was suing the eatery for "strict negligence." Since the incident, Annie has been plagued with chronic stomach ailments and still consumes only about 20 percent of any meal she's served. Recently, Czech was given permission from the court to expand the complaint to include a claim of "negligent infliction of emotional distress."

"My psychologist told me that Annie is suffering from post-traumatic stress disorder and that this is only the second time in 30 years that she has handled a post-traumatic stress disorder case related to food," Czech says. "No cases like this have ever gone to jury -- at least based on my research."

Czech says that in a deposition taken from restaurant manager Yan Zheng, Zheng admitted under oath that he had not preserved the Band-Aid, although at the time he realized that he should have. Czech also says that the restaurant has no record of health code violations.

"He destroyed that evidence and the food it was alleged to have been in," Czech says. "And now [he's] upset because they left without paying the bill."

Zheng, a Drexel University graduate and the restaurant owner's son, says that on the night of the incident, a hostess made him aware of the Roberts' complaint immediately.

"After I saw the Band-Aid, I went into the kitchen and inspected everything," Zheng says, speaking in Mandarin Chinese. "I did ask every employee in the kitchen if anyone had a Band-Aid on their hand. They all said no. I inspected everyone's hand and no one had a single cut. I don't know where the Band-Aid came from. I inspected the food, the refrigerator and didn't find anything."

Annie's mother, Franny Roberts, says that for nine months prior to that evening, she had frequented the restaurant at least twice a month with friends.

"This child has been damaged," Franny Roberts says. "We did [blood] tests and, thank God, everything was fine. But every time she gets a cold, she thinks she's gonna die. She picks her food apart -- even when I cook for her. My child's life has been ruined. [The psychologist] thinks she'll probably have an issue with Chinese food for the rest of her life."

Annie, now 17, says that she frequented the local restaurant "tons of times," but never intends to eat Chinese food again. She says she's looking forward to putting all this behind her.

"I don't like telling this story at all," she says. "It's truly embarrassing to me. People have made fun of me and were judging me. I'm going to have to live with this for the rest of my life. But, hopefully, [going to court] might give me some closure."

During an arbitration hearing last August, three practitioners determined that the Roberts family could collect $4,500 in damages from the restaurant. Franny Roberts feels that does not compensate for her child's distress.

"She's got a sick stomach and it's all emotional stress," she says. Roberts says her daughter, who is 5-foot-8, has gained weight by eating "safe" foods like pasta. In 2000, she was approximately 125 pounds; she now weighs 185. "They're offering us four or five thousand dollars. I think it's worth more than that."

Czech, who oversaw the arbitration, says that the family is looking to collect at least $50,000 through a jury trial in Philadelphia Common Pleas Court. He says that Annie's uncomfortable relationship with a psychologist adversely impacted her testimony. A year and a half ago, she began seeing another psychologist who, her mother says, has been more helpful.

"Annie went to a psychologist that she didn't like," Czech says. "It was indicated in the arbitration and her testimony didn't support her case. We were dissatisfied with the arbitration, so now we're taking it to a jury."

Originally scheduled to go to court this month, the date was pushed to June when the charges were expanded. Czech says he'd prefer to try the case in July -- after Annie's high-school graduation.

"I plan on going to college to become a nurse," Annie says. "I was never a squeamish person, and I'm not -- but that was disgusting."

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