A Rockland County man with a severe milk allergy is suing a New York City McDonald’s — claiming he almost died after eating a Big Mac that contained an errant slice of cheese.
Charles Olsen suffered an anaphylaxis reaction soon after he took a bite out of the famed McDonald’s burger in February 2021, according to a lawsuit filed Friday in state Supreme Court.
Olsen, 28, ordered the Big Mac over food delivery app DoorDash, but requested “NO American cheese” be placed between the buns and patties, according to a screenshot of the order attached to the lawsuit.
But when the burger from the McDonald’s located at 335 Eighth Avenue arrived, he took a few bites and “immediately felt like something wasn’t right,” the lawsuit states.
“His throat began to itch and swell,” the suit claims. “He felt a burning sensation throughout his body. He looked at his girlfriend, Alexandra, and coughed ‘there’s milk in this!”
With his body covered in hives and laboring to breathe, his horrified girlfriend rushed him to the hospital where Olsen was admitted for anaphylaxis.
He almost needed intubation to survive, according to the lawsuit.
Doctors were finally able to stabilize him hours later.
Olsen said in a statement he wants to hold food joints responsible for the ingredients they place in their meals. The lawsuit notes there was allegedly no allergy warning or cross-contamination warning when he made his order.
“I’ve had to go through my entire life having to tiptoe around menus, dealing with staff that doesn’t know how to handle food allergies, and so on,” he said through his lawyers.
“Allergies should be such a simple thing to be able to cater to as an establishment. 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.
“There has been progress made thankfully, but it is not enough. No one should have to fear for their health when they’re just trying to eat a meal.”
One of his lawyers, Jory Lange, told The Post his client has placed his no-cheese order from the same Golden Arches multiple other times without a problem and thought he could trust the restaurant.
“This was a really, really traumatic experience for him,” Lange said. “Just imagine you’re eating a meal and suddenly your throat starts closing up.”
While McDonald’s declined comment, it sent a statement from the owner of the McDonald’s franchise that states, “Nothing is more important than the safety of our customers. We take every complaint seriously and are actively reviewing these claims.”
Damages in the newly filed lawsuit were not specified, but the legal action demands that McDonald’s follows adequate food and allergy policies.
