Should This Person get Paid?
 

This man orders a burger at McDonalds, without cheese because he is allergic.

Without checking he bites into the burger and discovers it's a cheese burger...

Now he is suing McDonalds...he claims he was 'that' close to death by the time he got to the emergency room.

Now, my thinking is, if you know you are THAT allergic to something and you are a grown man so you have been doing this all your life, WHY is it not YOUR responsibility to check the burger first?

A West Virginia man is suing McDonald's for $10 million after he claims he suffered an allergic reaction to a cheeseburger.
Jeromy Jackson says he clearly ordered two Quarter Pounders without cheese at a restaurant, and suffered the reaction when he bit into the burger without checking, according to the Charleston Daily Mail.
Click here to read the full story
The lawsuit alleges the man "was only moments from death" by the time he reached a hospital.



http://www.foxnews.com/story/0,2933,292970,00.html

I think people are way too sue happy nowadays anyway, but you're right, if he's that allergic, he should've had the brains to look at what he was eating.

The New Mexico woman with the coffee, she did not file a claim for the scalding hot coffee for 3 days until afterward.

She was awarded as I recall $10 Million for spilling hot coffee on herself in a convertable wearing shorts.

It's amazing how one gets awarded all that money just for being....well....stupid. Makes you wonder if they are smarter than they act.

Check the burger.At my local Mcdonalds,before I leave I look in the bag to make sure my order is right.

For something that is as obvious to see as cheese on a burger, this consumer has to bear a large part of the responsibility for checking as well. If he was that allergic to the cheese, I would have thought that just self-preservation would have caused him to lift the bun and look. HOWEVER, if someone had slapped the cheese on and then took it back off and then given it to him and then he had eaten it and had a reaction, then that is an entirely different thing.

Our son is allergic to peanuts. He has an anaphalactic reaction, so his airway closes IMMEDIATELY. He is only 13, but believe me, before he eats anything - anything at all!!! - he checks and then double checks to make sure it does not contain peanuts in any form.

We have been at restaurants where we have asked them to check ingredient lists and they have acted very nonchallant about it, like it was no big deal. But as soon as I said to them, "If he gets anything with ANY peanut product in it, he will DIE!! And if that happens after I have nicely asked you to check ingredient lists, you better believe I will sue" - oooooo boy, you should see them checking and double checking then!! I've had them bring out the boxes that they made things from just to prove to me that they had checked (they did that on their own)

If he asked them not to put cheese on it and they did anyway, then my opinion is the McDonald's restaurant is liable.

That's what I think Rico. No matter if the man should have checked or not. His ticket should say "no cheese" and if he has that and a good lawyer, he's got a case.

Hey I wonder if I could sue for the emotional distress they caused me over the years for giving me dressed burgers when I ordered plain. I wish I had a dollar for every one that I've had to take back to have remade.

He has a case! He ordered a hamburger w/o cheese, in good faith that McDonald's would make 'to order'. :)

The McCoffee woman received less then $600.00 in the end.

I agree although if my allergy was that severe I would check because everyone knows McDonalds hardly ever gets an order correct. I examine the bag everytime before I pull away from the window and 9 times out of 10 something is not right or they left out something. It is odd NEVER has an extra sandwich been included.

You are right. McDonald's employees mess orders up all the time. Still, the error was on their part, even though this man should have checked his sandwich as well. Mistakes like that is what liability and errors & omissions coverage is for. He will most likely at least be reimbursed for his medical expenses. I won't speculate on whether he cashes in or not.

LOL. We went through McD's drive thru today on the way home from church to save time. Of course my sandwich was wrong and I had to go back in and trade it for a plain one. I laughed and told my husband that I'm thinking about getting a class action suit together against McDonald's for emotional distress! :telephone

Oh so true!!!

And not just McDonalds, Burger King is just as bad!!!

I like the food from Burger King. I just don't like that I end up tasting it for the rest of day, once I eat there. YUK!!

There is a principle called, "personal responsibility."

By means of political correctness, the populace is being taught to blame others and pass responsibility to others. We are becoming a nation of wimps.

According to the article McDonalds offered to pay all medical cost but the offer was refused. I feel sorry for the guy - if his story is not some sort of shake down.

I don't understand the "allergy" angle. Most people who cannot eat cheese have an intollerance to lactose. Enough cheese in your gut and you may wish you were dead, but a single bite comes no where near to being lethal. From the description it sounds like he went into anaphylactic shock. That requires some pretty special conditions if it involves cheese.

Does McDonalds cheese have rennet or the penecillian fungi in it? A lot comes down to what his condition actually is- and the article doesn't tell us. It's unlikely that McDonalds processed cheese has something as expensive as penecillian fungi in it. That's usually used for the more expensive French style cheeses.

Kind of reminds me of the lady who "found" a finger in her Wendy's chilli. Turns out DNA testing showed that the finger came from her husband's coworker who lost it on the job, and far from Wendy's.

Why not just buy a McDonalds franchise? After several years of hard work you may be able to have McDonalds make you rich that way. Oh, yeah - "hard work."

It's too bad the burger didn't finish the job; DNA strands like that should to be discontinued from future generations.

Any one eating MCD's takes their life in their own hands... yuck....

he should get something small like his medical bills covered and something for his trouble, but cheese allergies , he needs to use his noggin, if i know a cat irritates my allergies, then no cats in the house, btw, i do have cat allergies and no cat will ever reside in my abode, lol, dt:hypercoffee

Why y'all eatin' at Micky D's??? Life is too short for bad food!

Hey Monk! Where have you been?

Just rolled back into town...found out I have to help take the youth (56 of them) to New York...another road trip in a couple of weeks, he he he. No rest for the weary! I just wanna sleeeeeep...

There was a cat claw-like thing in my coke today...

If someone is that allergic to something common in a restaurant, then they should avoid it altogether. When those burger-makers are putting burgers together, they don't change gloves after handling cheese. It's quite possible that even if they didn't put cheese on it, he would have had a reaction if someone put his burger together after handling cheese.

Big fat DUH!

And exactly how is someone allergic to cheese? What in the cheese is he allergic to? I mean, if someone is allergic to dairy, they just say they are allergic to dairy, not to cheese or milk.