McDonald's Faces Suit After Girl Becomes Ill

http://www.clickondetroit.com/health/7203213/detail.html ^

[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.

[Tammy8]

I'm with you, I had full blown food poisoning when I was pregnant with my first child; talk about no fun. Hubby had treated me to lunch at the best place in town, and I ended up in the hospital over night. I got really sick twice after eating at fast food places; McDonalds once and then at Long John Silver's. It did not occur to me to sue, I don't eat at any McD's or LJS ever!! But I didn't sue!!

[MilspecRob]

This is the fulcrum of the plaintiff's case, if McDs research concludes that their fries are gluten free, case closed.

McDs research would be considered expert testimony and could be refuted by other experts.

[lindor]

That may be a subliminal admission of guilt in court.

[ReignOfError]

That may be a subliminal admission of guilt in court.

McD's will argue -- has argued -- that they are erring on the side of caution now, and that neither the science to determine the presence of gluten nor the law requiring them to disclose it existed at the time.

But their record of hiding the additives to the fries won't work in their favor.

[garyhope]

Excellent point.

[garyhope]

I'll make a "special" exception for you. Thank you for thinking of my "safety" in a packed elevator.

[parcel_of_rogues]

"To my limited knowledge, yes. From personal experience with my daughter, she has no problems eating anything, these days. She did without stuff until around age 5-6, then we slowly introduced her to a variety of foods (all, under the supervision of her pediatrician). According to the specialists, this is lifelong, but not proven so, in our lives."

Just curious, did your pediatrician follow the reintroduction of gluten with antibody tests or a biopsy? Did he ever test for the genetic markers?

We saw a lawyer once who claimed to have outgrown celiac disease. She then went on a head-spinning list of gastro-intestinal maladies that she was taking medication for.

We also have relatives who literally will go to the grave in pain rather than give up that piece of bread.

[pageonetoo]

Just curious, did your pediatrician follow the reintroduction of gluten with antibody tests or a biopsy? Did he ever test for the genetic markers?

No. we also haven't been tested for a variety of other things which may be wrong with our body. We eat well and live well. I don't worry about what MAY happen.

As I said, I contracted Lyme disease in 1994. My research on that subject make me cringe with fear (NOT!). There are so many different things that can go wrong with the human body, and most of them are, of course, genetic. The Lyme attachment is a microorganism that likes to eat tissues. It especially likes the pericardium, and other quite vital areas of the body. Its symptoms are all over the map, like CD. I have high blood pressure, and a VERY healthy heart.

I have an 83 year old father residing in the Armed Forces Retirement Home, in DC. My 16 yo and I had lunch with him saturday. My mother is also 83 and living in Richmond, VA. She went out and had some bbq for her b-day on the 6th. They are both ambualatory, and kicking, though not as high as once. pop is on a self-induced diet to lose some weight. He did that everytime he "shipped over" in the Navy. He alsways had a problem with weight.

My paternal grandfather died early (late 40's) of cancer, as did my maternal one. My paternal grandmother died in her sixities. Mom's mom died at 98. We are all gonna die.

I eat what I like. My kids do too. If it disagrees, we change that preference to exclude the objectionables. I still don't eat much spinach! I do drink red wine daily! I love a good thick steak, butter and olive oil fried potatoes, and some (REALLY) garlic bread to go along!

I hope your life is as good, full of activity, and healthy as ours... and that you don't lose too much sleep worrying about things you can't really do much about! It won't give you an extra minute!

[parcel_of_rogues]

"I hope your life is as good, full of activity, and healthy as ours... and that you don't lose too much sleep worrying about things you can't really do much about! It won't give you an extra minute!"

Well, you see that's just the point. The 'parcel of rougues' family can do something about it--stop eating gluten. It's a simple solution and we've maintained a gluten free household for about 16 years. I don't worry about the things I can't change.

I'm not looking for a fight over this. It's just that we're posting in that 'permanent record' called the internet, and I think people who stumble on this thread should be aware that you can be asymptomatic as a celiac--with potentially dangerous consequences (higher risk of lymphoma) in your future. There are examples in the published literature of people with no digestive problems-but damgaged patches of villi in their intestines. The extreme case of this is celiac cases suffering from obesity, when their normal intestines overcompensate for the malabsorption of the damaged sections. Everyone is entitled to their opinions on such research, and you've clearly stated yours.

Our oldest cannot take a substantial amount of gluten without suffering symptoms. Our middle daughter we tried to make 'normal' at age 5(on the suggestion of our doctor)--and thus began a year of 'unrelated' medical symptoms that quite amazingly disappeared when we finally put her back on the the gluten free diet. When they eventually move out (soon) they'll of course make their own decisions as to what they will or won't eat.

[pageonetoo]

Well, you see that's just the point.

...and you looked over my point "hope you don't lose too much sleep..."

I have posted links to a most important site for those suffering from any of these symptoms. Everyone has a differenct experience with everything. That by no way invalidates the other.

The "permanent" record is secure from any harm alleged by my posts, and your experience is obviously much direr than mine. Please feel free to do what you wish. I am not prohibiting it. I am just cautioning others from living with a fear or threat, which may, or may NOT, be real!

I made chili last night, and gas is a common result from all those beans. Beano is available for those who wish to escape that malady...

[MarMema]

I have celiac disease as well. Hugs to your daughter. There are certainly many more things available today than in the past for alternative eating.

[MarMema]

If you can't eat regular, normal food,...goodbye. Move on. RIP

One in 300 people in this country have celiac disease.

[MarMema]

Re Gluten: Soak your grains first. Warm water and yogurt. Especially oats, rye, barley and wheat. Doing so breaks down the phytic acid contained in the outer layer. Many people tolerate grains much better this way.

That does not remove the gluten.

[MarMema]

McDonalds officially claimed that their fries were gluten free. It was on a website, which has probably now disappeared.

[Pro-Bush]

I guess they never heard of the McDonald's flu. I get it every time I eat a sausage mcmuffin with egg.

[MarMema]

Yes you are wrong. There is nothing that creates a problem for us with potatoes.

The problem is that in this country everything must, for some reason, have wheat added to it. Read the labels on soup cans some time, for an example.

[MarMema]

Furthermore, why would a parent of a gluten-intolerant child ask McDonald's if their fries contain gluten?

We ask about everything. And for the last year at least, celiacs have believed and been told that McD fries were the only safe ones we could ingest. McD used to have a website which said so.

"Why wouldn't you ask about gluten?" is the better question.

[MarMema]

There are examples in the published literature of people with no digestive problems-but damgaged patches of villi in their intestines.

And even right here on FR. I was diagnosed because of iron deficiency. They told me I probably had it for 15 plus years.

I spent an entire year getting iron by IV infusion because I was unable to absorb it.

[MarMema]

I think this case is more like the one were the vegetarian guy sued McDonald's as the fries were not totally vegetarian ... there was a meat extract in it to enhance the flavor.

You would be wrong. Gluten ingestion kills celiacs.

What I want to know is why anyone who is discriminating about food for health or otherwise is doing even considering eating fast food.

Because McD said there was no gluten in their fries.

[robertpaulsen]

No, my question is, why would a parent of a gluten-intolerant child ask McDonald's if their fries contain gluten?

Isn't it true that potatoes do not contain gluten? You know this to be true, correct? Then why would you ask, is my question.

Now, certainly, the oil may contain gluten. And that may transfer to the fries. But how would a parent know to ask?

Unless they read about the controversy before asking, is my point.