Legal Question in Personal Injury in Ohio

McDonalds foreign object in chicken mcnugget

My 5 year old son was eating chicken mcnuggets friday 4/5/02 in the mcdonalds restuarant. He started to choke and spit out a small red object that was uncooked and very gross..on further review the entire chicken nugget was pink and orange.... he was ill the remainder of the evening with stomach cramps and nausea...

we completed a incident report and left to material for mcdonalds to send for lab work,

my wife returned to the mcdonalds later that evening to inspect the foreign object..a worker said it was a chicken bone, my wife insisted it be sent for further analysis...

this did not look like any chicken bone we have ever seen..

i had a witness look at the object also and said it looked like a beak....we contacted mcdonalds on monday 4/8/02...they said their insurance company would contact us. NOW WHAT DO WE DO ?????


Asked on 4/08/02, 4:56 pm

2 Answers from Attorneys

Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: McDonalds foreign object in chicken mcnugget

The insurance company may contact you and want additional information, including any medical records and bills that show the treatment received by your son. Hopefully, everything has resolved and there are no lasting effects. I would wait at least a month or two to make sure your son has no more problems. The insurance company may want to offer you a sum of money for settlement purposes or the insurance company may deny the claim. Your choices, if there is an offer, is whether to accept that sum as full and final settlement or whether you think a greater sum is required. You may be able to settle with the insurance company on your own or you may wish to have an attorney help you. If the insurance company denies the claim, you can either drop it or obtain an attorney to represent your son.

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Answered on 4/08/02, 5:18 pm
David Weilbacher, Esq. Attorney at Law

Re: McDonalds foreign object in chicken mcnugget

Don't do anything until you know your son has recovered, and that there are no unknown consequences. Wait a month or two. There is no reason to rush. I assume your son is a minor, so he has until two years after turning eighteen to being a claim. McDonald�s insurance company is going to investigate the matter. The insurance company representative will ask a number of questions regarding the events, and your son�s response. Just answer the questions truthfully, and to the best of your recollection. If you become uncomfortable with the line of questions, terminate the conversation. Remember, no matter how nice and cordial the representative may be, he or she works for the insurance company, and their interest are not in line with your�s or your son�s. The ins. rep. will ask questions regarding any medical care received as a result of the incident, and will ask for copies of any bills or reports. You should provide these if requested. Eventually, the ins. rep. will either honor your son�s claim, and make a settlement offer, or deny the claim, and make no offer at all. You can represent your son�s interest, or have an attorney represent his interest. If you find the settlement offer to be fair, you may want to accept it, set the money aside in a bank account for your son, and be done with the matter. If you don�t think the offer is fair, you may want to contact an attorney.

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Answered on 4/09/02, 3:11 pm


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