A man with a life-threatening milk allergy has sued McDonald\u2019s alleging that a slice of American cheese on his Big Mac caused him to have a severe allergic reaction.<\/p>\n\n\n\n
Charles Olsen placed an order for a Big Mac meal without cheese through the food delivery platform DoorDash in February 2021 from a New York City McDonald\u2019s, according to the lawsuit, which was filed Friday and first reported by The Daily Beast<\/a>. The legal complaint included a copy of Olsen\u2019s online order, which showed he had checked \u201cNo American Cheese\u201d when he placed it.<\/p>\n\n\n\n Olsen, 28, of Rockland County, New York, had ordered \u201cthis specific meal from this same McDonald\u2019s through DoorDash multiple times before and never had a problem with it,\u201d said one of his attorneys, Jory Lange Jr., whose Texas firm specializes in food safety cases. <\/p>\n\n\n\n \u201cThey had always made it without cheese when that had been requested in the past, so he thought this would be safe,\u201d Lange said.<\/p>\n\n\n\n But after a few bites of his meal, says the lawsuit, which was filed in New York Supreme Court, Olsen \u201cimmediately felt like something wasn\u2019t right. His throat began to itch and swell. He felt a burning sensation throughout his body. He looked at his girlfriend, Alexandra, and coughed, \u2018There\u2019s milk in this!\u2019\u201d<\/p>\n\n\n\n Within minutes, Olsen\u2019s body was covered in hives and his breathing became labored, the lawsuit adds. It says that as Olsen gasped for air, his girlfriend rushed him to the hospital, where he was \u201con the brink of needing intubation to save his life\u201d and was admitted for anaphylaxis, an allergic reaction that can be deadly if not treated immediately. <\/p>\n\n\n\n Doctors were able to stabilize and discharge Olsen after several hours, the lawsuit says.<\/p>\n\n\n\n McDonald\u2019s Corp. declined to comment on the lawsuit. The Colley Group, which owns the McDonald\u2019s franchise that prepared Olsen\u2019s meal and is also a defendant, said in a statement Monday: \u201cNothing is more important than the safety of our customers. We take every complaint seriously and are actively reviewing these claims.\u201d<\/p>\n\n\n\n DoorDash, which is not a defendant, did not immediately respond to a request for comment on how it handles allergens.<\/p>\n\n\n\n McDonald\u2019s Big Macs contain two beef patties topped with pickles, lettuce, onion, dairy-free sauce and a slice of American cheese. When Olsen ordered his meal, there was no way for him to convey to McDonald\u2019s that he was removing the cheese because of a medical reason, rather than because of a preference, said his other attorney, Scott Harford.<\/p>\n\n\n\n \u201cThere was no option for him in there indicating about an allergy,\u201d Harford said.<\/p>\n\n\n\n In an exclusive statement to NBC News, Olsen said he filed the lawsuit in hopes of \u201cholding food establishments accountable.\u201d<\/p>\n\n\n\n \u201cAllergies should be such a simple thing to be able to cater to as an establishment. There\u2019s no reason why it can\u2019t be clearly listed, options aren\u2019t included when making an order to indicate allergies, and the staff properly trained to handle such a simple thing,\u201d he said by email. \u201cNo one should have to fear for their health when they\u2019re just trying to eat a meal.\u201d<\/p>\n\n\n\n Lange called the incident \u201ccompletely avoidable\u201d and a \u201ctraumatic experience\u201d for Olsen. He said that Olsen has recovered physically but that \u201cthis is something that still causes him concern, still causes anxiety, when it comes to getting food from restaurants.\u201d<\/p>\n\n\n\n The lawsuit, which seeks monetary damages and a jury trial, accuses McDonald\u2019s of breaching its duty to \u201cproduce food that was safe to eat.\u201d<\/p>\n\n\n\n Milk allergies are different from lactose intolerance, which is characterized by nausea, cramps, diarrhea and other gastrointestinal symptoms after dairy consumption that are uncomfortable but not life-threatening. With a milk allergy, a person\u2019s immune system overreacts, triggering symptoms from rashes to wheezing to anaphylaxis.<\/p>\n\n\n\n About 2% of children in the U.S. have milk allergies, according to the Mayo Clinic<\/a>, and while many outgrow them, some do not. In those cases, the only way to prevent allergic reactions is to avoid milk and products that contain milk or milk proteins, the Mayo Clinic says, adding that people with milk allergies should have epinephrine auto-injectors, known as EpiPens, on hand in case of accidental ingestion. Olsen had an EpiPen, but he did not have it with him at the time of his incident, Lange said.<\/p>\n\n\n\n The McDonald\u2019s lawsuit is not the only one focused on milk products filed against a major food chain in recent months. A lawsuit filed in December against doughnut and coffee chain Dunkin\u2019<\/a> argues that it is discriminatory to charge customers who cannot consume cow\u2019s milk extra for milk substitutes, such as oat milk. Dunkin\u2019 did not comment on that lawsuit.<\/p>\n\n\n\n