Woman Claims Startburst Dislocated Her Jaw

Discussion in 'Up to the Minute' started by White Rain, Jun 27, 2007.

  1. White Rain

    White Rain Active Member

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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
     
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  3. SadieMae

    SadieMae Former Member

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    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.
     
  4. philamena

    philamena Former Member

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    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.
     
  5. reportertype

    reportertype Dogs are awesome!

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    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.
     
  6. White Rain

    White Rain Active Member

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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.
     
  7. philamena

    philamena Former Member

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    Do you remember jawbreakers? lol They were great,
     
  8. SadieMae

    SadieMae Former Member

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    That makes sense if she ALREADY had a problem. But a Starbust is no harder than chewing gum.
     
  9. Paladin

    Paladin Former Member

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    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.
     
  10. blue_the_puppy

    blue_the_puppy Member

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    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.
     
  11. fundiva

    fundiva New Member

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    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.
     
  12. Paladin

    Paladin Former Member

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    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.
     
  13. Taximom

    Taximom Former Member

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    LOL, reportertype! Talk about great publicity. I usually only want these around Easter and Halloween!
     
  14. Taximom

    Taximom Former Member

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    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. [​IMG]
     
  15. southcitymom

    southcitymom New Member

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    LOL! Great observation!
     
  16. Nova

    Nova Active Member

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    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.
     
  17. MissieMt

    MissieMt New Member

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    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.
     
  18. luvbeaches

    luvbeaches New Member

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    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.
     
  19. White Rain

    White Rain Active Member

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    your forgot the finger in the chili!
     
  20. Amraann

    Amraann Former Member

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    What would she have done had it been some crunchy broccoli?
     
  21. dufresnecw

    dufresnecw Member

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    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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