What is anaphylaxis? NYC man sues McDonald's alleging cheese on Big Mac caused severe allergic reaction

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NYC man sues McDonald's for severe allergic reaction (image via Getty)

Charles Olsen, a 28-year-old Rockland County man with a severe dairy allergy, is suing fast-food chain McDonald's, claiming that a slice of cheese on his Big Mac almost killed him. As per a lawsuit filed on Friday, February 2, 2024, in the New York State Supreme Court, Olsen suffered an acute anaphylaxis reaction soon after he took a bite from the burger. It states:

"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!"
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Anaphylaxis refers to a severe, life-threatening allergic reaction. It occurs within seconds or minutes after eating certain foods one is allergic to or being stung by an insect. According to the Mayo Clinic, symptoms include hives, and itchy, pale, and flushed skin. Blood pressure may be low and hard to bleed. Some people also get nauseous, vomit, feel dizzy, or even faint.


As per the lawsuit, Olsen ordered the McDonald's burger through DoorDash but requested "NO American Cheese"

The incident referred to in the suit dates back to February 2021. As per the screenshot attached to the lawsuit, Charles Olsen placed an order for a Big Mac via the food delivery app DoorDash and requested "NO American cheese" be put on his burger.

However, after he took a few bites of the burger he received from the McDonald's restaurant, located at 335 Eighth Avenue in New York City, he "immediately felt like something wasn’t right." According to the 28-year-old's attorney, Jory Lange Jr., Olsen had previously ordered the "specific meal from the same McDonald's through DoorDash" multiple times without any problems.

"They had always made it without cheese when that had been requested in the past, so he thought this would be safe," added Lange.

Olsen's body was soon "covered in hives" and his throat was itchy and began to swell. He felt feverish and his breathing became "heavy and congested." At one point he was "wheezing" and "gasping for air."

His panicked girlfriend rushed him to the hospital, where he was admitted for anaphylaxis and he almost needed intubation to survive.

The legal complaint claimed there was no allergy warning or cross-contamination warning when the order was placed.

In a statement made through his lawyers, the 28-year-old New Yorker explained he wanted food establishments like McDonald's to be accountable for the ingredients they place in the meals. He told NBC News:

"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."
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It took hours for medical professionals to stabilize Olsen. His lawyer, Lange stated that the incident was "completely avoidable" and was "traumatic" for his client, causing him "anxiety" whenever he is "getting food from restaurants."


While McDonald's corporate has not released any statements about the lawsuit, The Colley Group which owns the particular franchise that prepared Olsen's meal released a statement:

"Nothing is more important than the safety of our customers. We take every complaint seriously and are actively reviewing these claims."

DoorDash, which is not a defendant, has also not released any statements.

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