A San Jose neurologist and a Los Gatos Thai restaurant have agreed to settle a lawsuit over an appetizer the doctor said was so spicy it burned her throat and nose.
Harjasleen Walia sued Coup de Thai and its owner, Tanatcha Swangchaeng, in 2023. She alleged that after eating the restaurant’s “Dragon Balls” chicken appetizer with a friend in 2021, she suffered chemical burns to her vocal cords, esophagus and the inside of her right nostril, and was left with permanent injuries.
The settlement was first reported by the Mercury News.
Walia’s lawsuit said she told her server she could not tolerate spicy food and asked for the dish to be made less spicy. The server said the kitchen would do so, according to the complaint. A restaurant supervisor previously told the Mercury News that the dish could not be made mild because the hot chilis were mixed into the meatballs.
The lawsuit also alleged that restaurant staff were not trained to offer Thai iced tea or another dairy-based drink to customers who had a bad reaction to the spice.
The parties have reached a confidential settlement agreement and expect the case to be dismissed. A court hearing to review the dismissal is scheduled for Dec. 17. A jury trial expected to last five to seven days had been set to begin Nov. 6.
David Russell Shane, Walia’s attorney, declined to comment, telling the Chronicle the settlement details were confidential.
Sheryl Traum, Coup de Thai’s attorney, said the parties “were able to reach a mutually favorable resolution.”
“It’s always been a very popular item in their restaurant,” she said. “I don’t think it’s going to be taken off the menu any time soon.”
The lawsuit blamed Thai bird’s-eye chilis for the alleged injuries.
Dr. Kelly Johnson-Arbor of the National Capital Poison Center previously told the Mercury News that Thai chilis can irritate the mouth and throat and cause nausea and heartburn, but are not associated with permanent tissue damage…