Man Sues McDonald's After Allergic Reaction to Cheeseburger

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I think if I was that illergic to cheese I would have double checked the burger before eating it.
 
Orders are messed up all the time at McDonalds. Someone who can have an allergic reaction to cheese does have to take some responsibility and really I can't see how you would not have noticed the slice of cheese before putting it in your mouth, it's usually showing around the edges. I'm jaded enough to wonder if this was done intentional with a lawsuit in mind.

VB
 
A little more info here:
http://www.dailymail.com/story/News...e-claims-McDonalds-didnt-sues-for-10-million/


Houston said his clients were in Morgantown in October 2005 and stopped at the Star City McDonald's on the way home to Clarksburg. Jeromy Jackson was living with his mother at the time.
Jeromy did his part to make it known he didn't want cheese on the hamburgers because he is allergic, Houston said.
He told a worker through the ordering speaker and then two workers face-to-face at the pay and pick-up windows that he couldn't eat cheese, Houston said.
"By my count, he took at least five independent steps to make sure that thing had no cheese on it," Houston said. "And it did and almost cost him his life."
After getting the food, the three drove to Clarksburg and started to eat the food in a darkened room where they were going to watch a movie, Houston said.
Jeromy took one bite and started having the reaction, Houston said. One of the three immediately called the McDonald's to let restaurant employees know they had messed up the order, but had to cut the call short when Jeromy started having a bad reaction, Houston said.
At least two managers at the McDonald's called the Jacksons afterward to apologize for what happened, Houston said.
McDonald's representatives offered to pay half of Jeromy's medical bills -- which totaled about $700. When Houston became involved, he said the company offered to pay all the medical costs. The plaintiffs weren't interested, and McDonald's wasn't offering anything more than medical costs.
http://www.dailymail.com/story/News...e-claims-McDonalds-didnt-sues-for-10-million/
This excerpt has me seething:
His mother Trela Jackson and friend Andrew Ellifritz are parties to the lawsuit because they say they risked their lives rushing Jeromy to United Hospital Center in Clarksburg.
 
I'm jaded enough to think this was deliberate also. Two of my daughters are deathly allergic to even tiny amounts of cheese and everything is checked and double checked before taking a bite. They are both teens and would take the bun off to check before taking the first bite.

I think the victim has some responsibility in this and should have taken them up on their offer to pay medical bills and let it go at that.

The ones included for risking their lives rushing him to the hospital are just plain greedy. Why didn't this guy have an epi pen with him? Surely he knew he was supposed to carry one all the time.
 
10 million?????

The guy has minimal medical bills and how is McD's responsible for his emotional distress?? How about he sue his parents who's combined DNA caused his allergic reaction?

Personal responsibility has seemingly gone right out the window!!
 
someone out after an easy buck!!!!I always check my hamburger from any fast food....im not allergic to anything but i want to see if what i asked not to be on there is indeed not on it....sometimes its on there...
if your allergic its your responsibility to make sure your food is as it should be even if you told 100 people your allergic to something.
sometimes companies are indeed responisble....this is not one of those times!!!!!!
 
My daughters aren't allergic to cheese but hate cheeseburgers. When we order a hamburger at any fast-food restaurant, we always check before eating. For someone with a life-threatening allergy, you'd think he'd do the same.
 
Here comes my "stop using McDonald's as a lawsuit ATM machine" comment.
 
This makes me think of Super Troopers, "Does this look like spit to you?"
 
Before I eat anything, I always "inspect" all my food. That way I dont have any surprises after a bite or two. I make sure that my order is what I ordered, cooked the way I want it, etc. Some people that I eat with are surprised the first time or two that we eat out together, but they understand why I do what I do. And if he was so concerned, why didnt he check his order before going into a dark room to eat?
 
I worked at BK when I was a teenager and I know that when you make a cheeseburger and then you go on to make a hamburger you don't wash your hands. Wouldnt cheese particles be on his hamburger anyway? I mean not to be technical here but if your that allergic to something wouldnt even cross transfer of cheese cause a reaction as well? I think someone here is out to make a quck buck..
 
As a West Virginian as well, I can say - WHAT A LOSER!! Probably needs a welfare supplement!!

Exactly as so many of you have said, if eating cheese is a matter of life or death, you'd better check for yourself before you eat it.
 
meowy said:
This makes me think of Super Troopers, "Does this look like spit to you?"
Click to expand...

"Double baco-cheeseburger, it's for a cop."

That is one of my and my husband's favorite movies. We quote it all the time. :)

This lawsuit is ridiculous. My favorite part is the mom and girlfriend trying to get in on the action because they risked their lives rushing him to the hospital.
 
Taximom said:
A little more info here:
http://www.dailymail.com/story/News...e-claims-McDonalds-didnt-sues-for-10-million/


Houston said his clients were in Morgantown in October 2005 and stopped at the Star City McDonald's on the way home to Clarksburg. Jeromy Jackson was living with his mother at the time.
Jeromy did his part to make it known he didn't want cheese on the hamburgers because he is allergic, Houston said.
He told a worker through the ordering speaker and then two workers face-to-face at the pay and pick-up windows that he couldn't eat cheese, Houston said.
"By my count, he took at least five independent steps to make sure that thing had no cheese on it," Houston said. "And it did and almost cost him his life."
After getting the food, the three drove to Clarksburg and started to eat the food in a darkened room where they were going to watch a movie, Houston said.
Jeromy took one bite and started having the reaction, Houston said. One of the three immediately called the McDonald's to let restaurant employees know they had messed up the order, but had to cut the call short when Jeromy started having a bad reaction, Houston said.
At least two managers at the McDonald's called the Jacksons afterward to apologize for what happened, Houston said.
McDonald's representatives offered to pay half of Jeromy's medical bills -- which totaled about $700. When Houston became involved, he said the company offered to pay all the medical costs. The plaintiffs weren't interested, and McDonald's wasn't offering anything more than medical costs.

This excerpt has me seething:
His mother Trela Jackson and friend Andrew Ellifritz are parties to the lawsuit because they say they risked their lives rushing Jeromy to United Hospital Center in Clarksburg.
Click to expand...

If he went thru this much hassle to ensure he did not get cheese, then be the next logical step would be to stop and check the burger for cheese before leaving the restuarant.

Oh, and when he gets home he decides to take a bite of the burger... in a dark room...

Yeah, right, geesh! The fact that this man is setting up McD's is as plain as the nose on his face.
 
bnhall said:
"Double baco-cheeseburger, it's for a cop."

That is one of my and my husband's favorite movies. We quote it all the time. :)

This lawsuit is ridiculous. My favorite part is the mom and girlfriend trying to get in on the action because they risked their lives rushing him to the hospital.
Click to expand...

I was thinking the same thing!

If he was in such danger wouldn't you call an ambulance?
 
There's no way you wouldn't know if cheese was on a McD burger. Everyone I had, the cheese is CLEARLY visible on the outside hanging over the bun...also, they still wrap the cheeseburger in yellow paper, regular burgers in white. Even in the dark you can smell the cheese. These people are LOOSERS!
 
Why did they call McDonald's??? Like Amraann stated, they should have called an ambulance.
They noticed that he had a reaction, they called McDonald's, he had a worse reaction and then hung up and drove to the hospital. They spent time on the phone when they should have called 911 when it was first discovered that the cheese was eaten.

Respectfully,
dark_shadows
 
This case should have been tossed out of court immediately! They should be ashamed of themselves for even filing it! Frivolous lawsuits should never be allowed! They should sanction the attys filing them and then fine the person/persons who initiated them! It would put a huge dent in what is filed!

CHEESE IS OBVIOUS!

I might see it if he were allergic to say shellfish and they served him a burger with lobster ground into the meat where he wouldn't know it was present. But this is ordering a burger knowing you are highly allergic to cheese...then not bothering to simply open your freaking eyes to look! I say the man was negligent in not taking his condition seriously enough to prevent such a reaction. (My daughter is deathly allergic to shellfish and we have managed to keep her alive due to being diligent on what she is served, how it is prepared, and asking questions beforehand. Of course...we would have inspected it before she just ate it! GRRRR!)
This guy is looking for a payoff for getting ill on purpose and so are his attys, IMO.
 
Wow, $700 in medical expenses, he must have really been gravely ill.:waitasec:
 
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