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McDonald's Faces Suit After Girl Becomes Ill
http://www.clickondetroit.com/health/7203213/detail.html ^

Posted on 02/19/2006 3:39:08 AM PST by ShadowDancer

McDonald's Faces Suit After Girl Becomes Ill

POSTED: 9:03 pm EST February 18, 2006

WEST PALM BEACH, Fla. -- The parents of a 5-year-old girl have sued McDonald's Corporation claiming its French fries contained a wheat protein that caused their daughter to become seriously ill.

Mark and Theresa Chimiak said in the lawsuit filed Friday in Palm Beach Circuit Court that their daughter Annalise had an intolerance to gluten.

The Chimiaks said they filed the lawsuit after McDonald's acknowledged earlier in the week that wheat and dairy ingredients were used in cooking oil for French fries.

The family's attorney, Brian W. Smith, said the family had checked with McDonald's before she ate the fries and were assured the product was gluten-free.

Jack Daly, senior vice president of McDonald's, said in an e-mail to the Palm Beach Post that the company is conducting research to determine that the fries have no gluten.


TOPICS: Culture/Society; News/Current Events; US: Florida
KEYWORDS: mcdonald; mcdonalds
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To: hispanichoosier

You have a point.

They will lose. Due diligence on the part of the parents is not satisified by simply asking a sever to validate the absense of a threat to their minor child's welfare, and the parents already knew this, as well, unless they are retarded.
This is another ham & egger looking for a quick pay out from deep pockets

I could break this down in one minute.
So will Micky D.


21 posted on 02/19/2006 4:07:49 AM PST by bill1952 ("All that we do is done with an eye towards something else.")
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To: ShadowDancer
the company is conducting research to determine that the fries have no gluten.

This is the fulcrum of the plaintiff's case, if McDs research concludes that their fries are gluten free, case closed.
22 posted on 02/19/2006 4:16:15 AM PST by HEY4QDEMS (Learn from the past, don't live in it.)
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To: cbkaty

"Whatever happened to using plain old potatoes in plain old cooking oil?"

What, are you some kind of food nut fanatic or something? /sar.


23 posted on 02/19/2006 4:19:59 AM PST by garyhope (Peace through superior firepower, A-10's, C-130 gunships, rational thought and pragmatism.)
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To: cbkaty

But, but we can't stick with the basics!

Do you really expect to get freedom fried potatoes when you order them?

The fake crap is sooooo much better for the corporation...

< /sarc >

PORK FAT RULES!

And butter too.


24 posted on 02/19/2006 4:21:29 AM PST by ChefKeith (Flies,fleas,ants,skeeters,ticks,cockroaches,badcops,lawyers,judges,politicians All the same.Useless!)
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To: hispanichoosier

Other foods with wheat in them are deep fried in the same friers (fillet of fish is a likely example). There's wheat products all over the store and in the food prep areas. To go to a fast food restaurant with a serious wheat allergy is just plain stupid regardless of that the minimum wage person behind the counter says. The parents were seriously negligent.


25 posted on 02/19/2006 4:22:02 AM PST by DB (©)
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To: hispanichoosier

I stick by my statement, If you are worried about what you eat , Carry a brown bag and eat what you carry.

Its BS asking waitresses and counter workers whats in the friggin food.Carry your own .


26 posted on 02/19/2006 4:23:23 AM PST by sgtbono2002
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To: bill1952

Especially with a food prep area with wheat products all over the place. For the parents to have the expectation that no wheat is present in any food prepared in that area is just plain stupid.


27 posted on 02/19/2006 4:24:17 AM PST by DB (©)
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To: ShadowDancer

Did the mother know she or the father or both passed the problem to her daughter at birth? Maybe they should look in the mirror.


28 posted on 02/19/2006 4:26:31 AM PST by bmwcyle (We got permits, yes we DO! We got permits, how 'bout YOU?;))
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To: grania

If this happened at Joe's burgers in Compton there would be no suit. They smell money.


29 posted on 02/19/2006 4:26:58 AM PST by Loud Mime (Republicans protect Americans from terrorists, Democrats protect terrorists from Americans)
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To: hispanichoosier
In that case, McD's will have a valid defense for trial and may even be able to dispose of this case at the summary judgment stage.

Maybe, maybe not. Is this the latest list? (note McDs aknowledged wheat and other ingredients within the last week or so) Therefore one would assume that their disclosure list had been updated to include these recent disclosures.

Was gluten published on the prior list?
When did the old list become obsolete?
30 posted on 02/19/2006 4:27:02 AM PST by HEY4QDEMS (Learn from the past, don't live in it.)
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To: sgtbono2002

This little girl is 5 yrs. old. I would have suspected she had been to fast food joint before now.

As far as the associate is concerned, yes I expect them to have some level of product knowledge or if they don't know to ask someone who does(read as should if you like). The information is available to both the public and associates. A simple visit to the website or it is available in the restraunt.

McDonald's french fries not gluten-free after all
If your child has wheat or dairy allergies or Celiac Disease, watch out for McDonald's french fries: the company has disclosed that a flavoring in the oil in which the potatoes are fried contains wheat and dairy derivatives. McDonald's had previously proclaimed its fries to be gluten-free, and the potatoes themselves are. But in voluntarily complying with new FDA labeling requirements that apply to packaged foods but not to restaurant offerings, McDonald's has added a "Contains wheat and milk ingredients" warning to the fry ingredient list on its Web site. According to the company's current listing of gluten-free offerings, kids with wheat sensitivities can safely substitute apple slices with caramel sauce, a side salad with Ranch dressing, or a Fruit & Walnut salad without the walnuts for those golden-brown potato strips. Something tells me, though, that a lot of them won't be lovin' it.http://specialchildren.about.com/b/a/243918.htm


31 posted on 02/19/2006 4:27:06 AM PST by EBH (Never give-up, Never give-in, and Never Forget)
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To: hispanichoosier
that's what the law expects.

As Mr Micawber (Dickens character) said, "if the law says that, then the law is an ass."

32 posted on 02/19/2006 4:31:13 AM PST by Hardastarboard (HEY - Billy Joe! You ARE an American Idiot!)
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To: pageonetoo

My sister is a celiac and I can't imagine her eating ANY potato product, much less french fries. Am I wrong??


33 posted on 02/19/2006 4:32:57 AM PST by RossA
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To: ShadowDancer
The family's attorney, Brian W. Smith, said the family had checked with McDonald's before she ate the fries and were assured the product was gluten-free.

Parents to pizza faced teenager behind counter,"Excuse me young man,are those gluten- free fries that you serve here?" To which pizza faced teenager replies"Fer sure,dude."Which the parents reply,"Great,we'll take one super size each,make that a double for our little girl here!"

34 posted on 02/19/2006 4:34:09 AM PST by Uncle Meat
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To: hispanichoosier
Okay. What if the restaurant manager said to you (partly because some food maybe processed on machinery that may have come into contact with peanuts before getting to the restaurant) that he did not know if the food might have come into contact with peanuts, and you eat there any way. Would that make a difference should you have a reaction?
35 posted on 02/19/2006 4:36:33 AM PST by aligncare (Watergate killed journalism)
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To: RossA
My sister is a celiac and I can't imagine her eating ANY potato product, much less french fries. Am I wrong??

Potatoes have no gluten, to my knowledge, but I am not an expert, by any means. I know that rice cakes with PEANUT BUTTER were my daughters favorite snack! You can find more info at my link above...

36 posted on 02/19/2006 4:37:03 AM PST by pageonetoo (FReepmail for Celebrity Cruises (and more)- www.acorntogo.com -Acorn Travel)
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To: ShadowDancer
"gluten-free"

Empty the country of greedy lawyers. Make it glutton-free.

37 posted on 02/19/2006 4:40:00 AM PST by melt (Someday, they'll wish their Jihad... Jihadn't.)
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To: cbkaty
"Whatever happened to using plain old potatoes in plain old cooking oil?"

They tasted too good and didn't cause cancer? ;-)

38 posted on 02/19/2006 4:40:37 AM PST by Normal4me
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To: aligncare
Would that make a difference should you have a reaction?

Yes, because then I would have either (1) assumed the risk of allergy or (2) was contributorily negligent.
39 posted on 02/19/2006 4:46:59 AM PST by hispanichoosier
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To: melt
Empty the country of greedy lawyers.

What ever happened to bad luck.I couldn't tell you how many times I got sick after eating something.I 've had food poisoning from the mess hall as well as 80 other soldiers one time in Ft.Stewart.Did I get to sue the Army,hell no.My wife got really sick after eating a fish fillet sandwich at Burger King.We didn't sue.She just refuses to eat at BK anymore.People are just out to make a quick buck these days.

40 posted on 02/19/2006 4:48:43 AM PST by Uncle Meat
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