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Child ate used condom found in McDonald's restaurant: lawsuit

The Associated Press Published Thursday, March 14, 2013 3:26PM EDT

In this photo taken on Friday, Sept. 7, 2012, McDonald's patrons watch the new McDonald's television channel at a McDonald's restaurant in Norwalk, Calif. McDonald’s is testing its own TV channel in 700 California restaurants in a pilot project that could expand to all the company’s restaurants. (AP/Damian Dovarganes)

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CHICAGO -- A lawsuit against McDonald's alleges a child ate a used condom he found in the play area of one of the chain's Chicago restaurants.

The suit was filed Wednesday on behalf of Anishi Spencer and her two sons, who were 3 and 2 years old at the time of the alleged incident in February 2012.

The mother alleges the 2-year-old coughed up a piece of the condom and that both children required medical treatment.

The suit accuses McDonald's of failing to remove harmful debris from an area used by children.

McDonald's said Thursday it was investigating. It added in a statement that "providing a safe, clean environment is a top priority."

The woman's attorney, Jeffrey Deutschman, says he tried for months to reach a settlement but got no response.