Los Gatos restaurant sued over spicy 'Dragon Balls' by customer

A wok and spatula used at the Four Season's Cooking School in Chiang Mai. (Photo by Leisa Tyler/LightRocket via Getty Images)

A doctor has filed a lawsuit against a Thai restaurant in Los Gatos, alleging that a dish on the menu was so spicy that it caused permanent injuries to her throat and voice.

Dr. Harjasleen Walia claims that she asked for a mild version of the Dragon Balls appetizer at Coup De Thai, but was served a dangerously spicy concoction.

"Almost immediately plaintiff felt her entire mouth, the roof of her mouth, her tongue, her throat, and her nose burn like fire," according to Walia 's complaint filed in July in Santa Clara County Superior Court against Coup De Thai, its owner, Tanatcha Swangchaeng, and a chef and waitress, claiming negligence.

Walia suffered burns and other consequences due to the food, according to the lawsuit.

"As a direct and proximate result of eating this food plaintiff began to lose her voice. She was later diagnosed with a chemical burn to both vocal cords, a chemical burn to the middle concha of the right nostril and a chemical burn to the esophagus," according to the lawsuit.

The restaurant describes its dining experience as, "A true revolution of your senses. Fireworks light up your mouth from our traditional menu that puts the true 'Thai' back in command of Thai food."

Walia said she dined with a friend at Coup De Thai on the evening of July 15, 2021.

Walia stated that she did not tolerate spicy foods and informed her server, asking if the spice level of the Dragon Balls could be toned down.

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Walia alleges that the waitress told her they would have the chef make them less spicy.

After the burning sensation kicked in, Walia said she tried dousing the heat with coconut water and water, but they provided no relief. The restaurant didn't have yogurt or other dairy products that could cool the flames, the waitress allegedly told Walia. 

Walia believes the Thai chili seasoning used in the dish was improperly and negligently prepared. She further alleges that the staff at Coup De Thai weren't trained to handle incidents like the one she experienced when a customer has a bad reaction to spice intensity.

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Walia claims to have issues with her health and nervous system since the incident and has had to seek medical treatment.

She alleges that the dish was "unfit for human consumption."

"Her throat and voice have been damaged. She incurred permanent injuries and will forever be damaged to her body," the lawsuit alleges.

Coup de Thai has not yet responded to KTVU's request for comment. However, the Bay Area News Group spoke with a restaurant supervisor who said that they have never had a customer claim to be burned by a dish and need medical attention.

The supervisor told the outlet that Dragon Balls are spicy, but they don't contain a lot of chili spice. However, the appetizer can't be made in a mild version because the chili is inside the balls. The restaurant advises customers who are sensitive to spice to order something else.

Walia could not be reached directly. Her lawyer has not responded to KTVU's inquiries.