Woman Claims Startburst Dislocated Her Jaw

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White Rain

White Rain

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Another frivolous lawsuit! At least she's not asking for millions, I guess.


Starburst Fruit Chews are exactly as their name would indicate: chewy. But one Michigan woman says the candies are so chewy, they should come with a warning label.
Victoria McArthur, of Romero, Mich., is suing Starbursts' parent company, Mars Inc., for more than $25,000 for "permanent personal injuries" she claims she sustained after biting into one of their yellow candy in 2005.
"I don't know, maybe about 3 chews and it literally locked my jaw … and it just literally pulled my jaw out of joint," she told MyFoxDetroit.com.
McArthur's lawyer, Brian Muawad, says the candies caused her to develop a condition known as temporal mandibular joint dysfunction. McArthur says she has had trouble chewing, talking and sleeping since the incident.
Muawad says McArthur offered to negotiate a settlement with Starburst's insurer to pay for her rehabilitation, but the company said no way. A spokesman for Mars refused to comment. more at link

http://www.foxnews.com/story/0,2933,286855,00.html
 
That's riduculous! If she wants a candy that will lock her jaw she should have chewed a Now & Later. Those things will yank your teeth out! Starburst are way to soft to cause that. She probably ate one that was years old, dried out and hard.
 
Actually that isn't ridiculous. I worked in the dental field for many years and it is possible to lock the jaw when eating. It can happen eating almost anything that is semi hard or hard. If this woman had any type of TMJ problem her chance of this is even greater.

But to sue for it--it won't hold up in court.
 
Oh, man. I am craving Starburst or Skittles now. I agree Sadie, I bet that candy had been at the bottom of her purse since 1992 or so.
 
SadieMae said:
That's riduculous! If she wants a candy that will lock her jaw she should have chewed a Now & Later. Those things will can your teeth out! Starburst are way to soft to cause that. She probably ate one that was years old, dried out and hard.
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LOL, there actually used to be an extremely sour gum called "lockjaws." It was horrible, and that made all of us kids love it even more, especially giving it to unexpecting people. I'm not sure if it's still made.
 
philamena said:
Actually that isn't ridiculous. I worked in the dental field for many years and it is possible to lock the jaw when eating. It can happen eating almost anything that is semi hard or hard. If this woman had any type of TMJ problem her chance of this is even greater.

But to sue for it--it won't hold up in court.
Click to expand...
That makes sense if she ALREADY had a problem. But a Starbust is no harder than chewing gum.
 
I think most times in cases like these, the lawsuit itself is a "hail mary" pass and they hope it will be held up in court, or at the very least, settled out of court.

I'm sure Mars/Starbursts has a team of at least 10 lawyers salivating over this case, digging up dirt on this woman from years and years ago.
 
i have tmd and i know how painful it is. mine developed as a combination of many factors. if her jaw truly screwed up because of eating one little candy, ill be shocked.
 
I'm curious as to how she figures Starbursts forced her to eat the candy. Starbursts cannot control how long a store or a person keeps the candy. If it was too hard, she should not have kept chewing. I'm sure she's had one before and knows what their normal consistency is. She must have an underlying jaw issue if one candy can affect her like that. I'm guessing she has some pre-existing dental issues and thought this would be a good way to get the work done for free.
 
fundiva said:
I'm curious as to how she figures Starbursts forced her to eat the candy. Starbursts cannot control how long a store or a person keeps the candy. If it was too hard, she should not have kept chewing. I'm sure she's had one before and knows what their normal consistency is. She must have an underlying jaw issue if one candy can affect her like that. I'm guessing she has some pre-existing dental issues and thought this would be a good way to get the work done for free.
Click to expand...

If it wasn't the candy, then it would have been something else. A McDonald's hamburger, a tic-tac, an ice-cube. I think Starburst was just the lucky winner.
 
reportertype said:
Oh, man. I am craving Starburst or Skittles now. I agree Sadie, I bet that candy had been at the bottom of her purse since 1992 or so.
Click to expand...

LOL, reportertype! Talk about great publicity. I usually only want these around Easter and Halloween!
 
So the next lawsuit will be from the guy that puts away 50-60 hot dogs every year in the Nathan's hot dog eating contest? He's got arthritis of the jaw now. It's all Nathan's fault!

This lady needs to get a life.
 
SadieMae said:
That's riduculous! If she wants a candy that will lock her jaw she should have chewed a Now & Later. Those things will yank your teeth out! Starburst are way to soft to cause that. She probably ate one that was years old, dried out and hard.
Click to expand...

LOL! Great observation!
 
Paladin said:
I think most times in cases like these, the lawsuit itself is a "hail mary" pass and they hope it will be held up in court, or at the very least, settled out of court.

I'm sure Mars/Starbursts has a team of at least 10 lawyers salivating over this case, digging up dirt on this woman from years and years ago.
Click to expand...

I worked at corporate law firms for 20 years and we defended many such cases. Companies have insurance and the question is almost always whether the cost to the insurer of a settlement is less or more than a motion for summary judgment (initially) or a trial (eventually).

Truth and the principle of a whether a suit is reasonable rarely entered into it.

And, of course, Paladin, you are right that large companies have teams of in-house lawyers who are already on the case.
 
I also have tmj and I find it hard to believe that hers came on suddenly, due to a starburst candy. I think maybe it can come on suddenly, but it is very rare. She probably had warning signs and ignored them.
 
When are people going to take responsibilities for their own actions? It's always another persons fault...or a company.

These things are STICKY. Eat them at your own risk.
 
Paladin said:
If it wasn't the candy, then it would have been something else. A McDonald's hamburger, a tic-tac, an ice-cube. I think Starburst was just the lucky winner.
Click to expand...

your forgot the finger in the chili!
 
Paladin said:
If it wasn't the candy, then it would have been something else. A McDonald's hamburger, a tic-tac, an ice-cube. I think Starburst was just the lucky winner.
Click to expand...


What would she have done had it been some crunchy broccoli?
 
White Rain said:
LOL, there actually used to be an extremely sour gum called "lockjaws." It was horrible, and that made all of us kids love it even more, especially giving it to unexpecting people. I'm not sure if it's still made.
Click to expand...

When I was younger it was the crybabies and the warheads. When I put the first crybaby in my mouth I actually jumped because it was so sour.
 
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