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Anishi Spencer filed the suit against McDonald's Corp. and McDonald's of Illinois, claiming the play area also should have been cleared of "hazardous debris," CBS Chicago reports.
Her then-3-year-old and 2-year-old sons allegedly discovered the condom in a play area. The 2-year-old later coughed up part of the condom, Spencer claims.
The suit says McDonald's should have kept a better eye on its play area to make sure "deviant activities" weren't taking place, according to CBS.
Spencer says both her kids needed medical treatment, and she's seeking compensation for that as well as $50,000 in damages.
McDonald's did not immediately respond to Business Insider's request for comment on Thursday.