Ashi Spencer's suit, filed Wednesday in Cook County Circuit Court, claims her son Jacquel "picked up a used condom that was on the floor" of the McDonald's in the Gage Park neighborhood of Chicago in February 2012 and later "coughed up a piece of the used condom."
The complaint also says Jacquel's 4-year-old brother Jonathan handled the condom, and that both boys "suffered severe and permanent injuries, both physical and psychological" and will require "continued medical care."
Spencer has also asked for at least $50,000 in damages, NBC News reported Friday.
The three-count liability lawsuit claims negligence on the part of McDonald's Corp. and McDonald's of Illinois, and also seeks compensation for the children's medical treatment, the Chicago Sun-Times reported.
Toddler uninjured after being knocked over by Obama family dog
Florida bear attack: Black bear mauls woman's face