An Australian woman is suing Virgin Airlines claming that her unborn son was pinjured due to bacterial infection. Hit the jump to read the rest of the story.

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A mother filed a claim in Australia’s Supreme Court on Friday that states her unborn son suffered food poisoning on a Virgin Australia flight in May 2009, according to the Australian.

Renee Cherry has taken legal action for her son, Zayd Fokeera, who was born roughly two months after Cherry ate a chicken roll on a Brisbane to Melbourne flight on May 23, 2009.

Cherry claims she contracted listeria poisoning as a result of eating a tainted chicken roll. Her claim states that the “listeria bacteria poisoned the blood of the plaintiff’s mother and the plaintiff and caused him to suffer injury.”

Cherry’s claim states that her son was “injured” with a bacterial infection, listeria poisoning, gastro-intestinal injury, developmental delay, and anxiety.

Through her lawyers, Cherry admitted it was “very distressing” to learn she had listeria poisoning while pregnant, adding “it’s every mother’s worst nightmare.”

Cherry is suing for medical expenses, loss of prospective income and earning capacity and damages.

In August 2009, Virgin Australia released a statement concerning a listeria outbreak from May to June 2009, saying “the affected chicken wraps may have been supplied to customers on flights along the east coast of Australia and to New Zealand and Bali.” Virgin said in the statement the listeria can be harmful to pregnant women.

HP