Martin said she was particularly alarmed because she is expecting her second child in March.
Upon finding the fingertip, the family says it notified restaurant management, who confirmed the fingertip belonged to an employee there. A letter sent to the family from Applebee's counsel nine days later said management, by law, could not require the cook to undergo any medical tests.
The claim, which is the first step in filing a civil lawsuit, seeks unspecified damages for emotional distress, medical expenses for testing and lost income.
Tom Linafelt, media spokesman for Applebee's Grill and Bar, forwarded a statement from Alan Knapp, area director of the franchisee, Apple MidCal. The statement said the business regretted that the Martins experienced the "unacceptable" incident at one of its restaurants.
"We take matters involving the health and safety of our guests and team members seriously," the statement reads. "Accordingly, we immediately investigated and determined that an accident did occur in our kitchen. We discussed the matter with the Martins while still at our restaurant, shared our sincere apologies, and have continued to speak with Mrs. Martin in an effort to address her concerns.
On Thursday, Traut said his clients have all undergone medical testing since the incident. He said his firm is in communication with the chain's corporate office, which he said has been cooperative.
This is not the first time Traut has represented a person who found an undesirable item in restaurant fare. In 2009, he represented a couple who discovered a used condom in their French onion soup at a Mission Viejo Claim Jumper, The OC Weekly reported.
Asked about past cases of people planting items in food in order to fraudulently make a quick buck, Traut called that "rare" and said restaurant management had already confirmed the employee injured himself while making the salad.