By Elizabeth Chuck—
NBC News
A man with a life-threatening milk allergy has sued McDonald's, alleging that a slice of yellow cheese on his Big Mac burger caused a severe allergic reaction.
Charles Olsen ordered a Big Mac without cheese through food delivery platform DoorDash in February 2021 from a New York McDonald's, according to the lawsuit, which was filed Friday and first reported by The Daily Beast.
The legal complaint included a copy of Olsen's online order, which showed that he had marked “no yellow cheese” when placing it.
Olsen, 28, of Rockland County, New York, had ordered “this specific meal from this same McDonald's through DoorDash multiple times before and had never had a problem with it,” said one of his attorneys, Jory Lange Jr. , whose Texas firm specializes in food safety cases.
A McDonald's location in New York on April 6, 2023. Victor J. Blue / Bloomberg via Getty Images file
“They had always done it without cheese when that had been requested in the past, so he thought this would be safe,” Lange said.
But, according to the lawsuit filed in New York Supreme Court, Olsen “immediately sensed that something was wrong.”
His throat began to itch and swell.
He felt burning all over his body.
He looked at his girlfriend, Alexandra, and coughed: “this has milk!”
Within minutes, Olsen's body was covered in welts and her breathing became difficult, the lawsuit adds.
As Olsen gasped, his girlfriend rushed him to the hospital, where he “nearly needed intubation to save his life” and was admitted for anaphylaxis, an allergic reaction that can be fatal if not treated immediately.
Doctors were able to stabilize Olsen and discharge him after several hours, the lawsuit said.
McDonald's Corp. declined to comment on the lawsuit.
The Colley Group, owner of the McDonald's franchise that prepared Olsen's food and also sued, said in a statement Monday: “Nothing is more important than the safety of our customers.
“We take every complaint seriously
and are actively reviewing these claims.”
[Tenants sue their corporate landlords for inflating rents with software that “removes empathy from the equation”]
DoorDash, which is not a defendant, did not immediately respond to a request for comment on how it handles allergens.
McDonald's Big Macs contain two beef patties topped with pickles, lettuce, onion, dairy-free sauce and a slice of yellow cheese.
When Olsen ordered his food, he had no way to tell McDonald's that he was removing the cheese for medical reasons, and not because of a preference, said his other attorney, Scott Harford.
“There was no option for me to indicate that I was allergic,” Harford said.
In an exclusive statement to NBC News, Olsen mentioned that she filed the lawsuit in hopes of
“holding food establishments accountable.”
“Allergies should be something so simple to deal with as an establishment.
“There is no reason why it cannot be clearly listed, options not included when placing an order to indicate this, and staff cannot be properly trained to handle something so simple,” he said via email.
“No one should have to fear for their health when they are just trying to eat something.”
Lange called the incident “completely avoidable” and a “traumatic experience” for Olsen.
He stated that his client has recovered physically but that “this is something that still causes him concern and anxiety, when he tries to get food in restaurants.”
The lawsuit, which seeks monetary damages and a jury trial, accuses McDonald's of failing in its duty to “produce food safe for consumption.”
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.
In milk allergy, the immune system overreacts, triggering symptoms ranging from skin rashes to wheezing and anaphylaxis.
About 2% of children in the United States have a milk allergy, according to the Mayo Clinic, and while many outgrow it, others do not.
In these cases, the only way to prevent allergic reactions is to avoid milk and products containing milk or milk proteins.
People with milk allergies should have epinephrine autoinjectors, known as EpiPens, on hand in case of accidental ingestion.
Olsen had one, but was not carrying it with him at the time of the incident, according to Lange.
The lawsuit against McDonald's is not the only dairy-focused lawsuit filed against a major food chain in recent months.
One filed in December against the Dunkin' donut and coffee chain argues that it is discriminatory to charge customers who cannot consume cow's milk a supplement for milk substitutes, such as oat milk.
Dunkin' did not comment on the legal complaint.