A New York man with a severe dairy allergy is suing McDonald’s for allegedly including cheese in his Big Mac order, a mistake that caused him to be rushed to the hospital in a life-threatening condition.
Charles Olsen, a 28-year-old from Rockland County, filed the lawsuit Friday and included a receipt that showed he had marked “No American Cheese” when he placed his online order, reports NBC News.
Olsen made the order online from a New York City McDonald’s in Feb. 2021. After eating the burger, he “immediately felt like something wasn’t right,” said his attorney, Jory Lange Jr., who specializes in food safety cases.
“His throat began to itch and swell. He felt a burning sensation throughout his body. He looked at his girlfriend, Alexandra, and coughed, ‘There’s milk in this!’” Lange said.
Olsen shortly began gasping for air and was rushed to the hospital covered in hives, “on the brink of needing intubation to save his life,” the lawsuit added.
Ultimately, Olsen was stabilized and discharged from the hospital after several hours, but the experience was traumatic and allegedly had long-lasting effects.
“This is something that still causes him concern, still causes anxiety, when it comes to getting food from restaurants,” Lange said.
Olsen is now seeking monetary damages and a jury trial, accusing McDonald’s of breaching its duty to “produce food that was safe to eat.”
McDonald’s did not immediately respond to a request for comment on the matter. The Colley Group, which owns the McDonald’s franchise in NYC that made Olsen’s burger and is also listed as a defendant in the case, released a statement Monday.
“Nothing is more important than the safety of our customers. We take every complaint seriously and are actively reviewing these claims,” the company wrote.
Olsen told NBC News he filed the lawsuit with the goal of “holding food establishments accountable,” and noted that he was not able to even list that he had an allergy when he ordered online.
“Allergies should be such a simple thing to be able to cater to as an establishment. There’s no reason why it can’t be clearly listed, options aren’t included when making an order to indicate allergies, and the staff properly trained to handle such a simple thing,” he said.
https://www.nydailynews.com/2024/02/06/mcdonalds-nyc-lawsuit-charles-olsen/