NYC McDonald's sued by man who claims Big Mac nearly killed him

File photo of a McDonald's burger and fries.
File photo of a McDonald's burger and fries.

A man with a "severe allergy to milk" is suing a New York City McDonald's after the restaurant allegedly failed to remove cheese from his burger, causing him to have an allergic reaction that nearly took his life.

In a lawsuit filed Friday in New York Supreme Court, Charles Olsen of Rockford County claims he used the food delivery app DoorDash in February 2021 to "place his usual order" for a Big Mac meal without cheese. The complaint included a copy of Olsen's order, which showed that he had checked a box labeled "No American Cheese."

"After the ordered(sic) arrived, Charles opened his burger and began to eat," the complaint states. "After a few bites, he immediately felt like something wasn’t right. 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!'"

SEE MORE: Woman says she mistakenly tipped more than $7,000 for Subway sandwich

Minutes later, Olsen claims his body broke out in hives and breathing became difficult, prompting Alexandra to rush him to the hospital where he was admitted for anaphylaxis. The complaint adds that it took doctors "several hours" to stabilize Olsen before he was eventually discharged and able to return home.

Olsen's lawsuit claims the ordeal cost him "substantial medical expenses," as well as "great physical pain, discomfort, mental anguish, and suffering. He is seeking an unspecified amount in compensatory damages and is demanding a jury trial.

McDonald's Corp. has not publicly commented on lawsuit. NBC News obtained a statement from the Colley Group, which owns the McDonald's where the hamburger was made. It says, “Nothing is more important than the safety of our customers. We take every complaint seriously and are actively reviewing these claims.”

Advertisement