Report: Child Suffered 2nd-Degree Burn from Chicken McNugget, Parents Suing

A four-year-old from Broward County, Florida, reportedly suffered second-degree burns to her thigh from a McDonald’s chicken nugget, and now her parents are suing.

Four years ago, Philana Holmes purchased her daughter a McNuggets Happy Meal when a chicken nugget with an alleged temperature of 200 degrees Fahrenheit fell into her lap, as reported by the Sun Sentinel. On Tuesday in court, video footage showed the four-year-old shrieking and screaming in pain after the chicken nugget had been wedged between her thigh and the seatbelt for two minutes.  There is no question that the chicken nugget caused the girl’s burns, but the dispute is over who is to blame. 

Holmes and the father, Humberto Caraballo Estevez, are suing McDonald’s and the franchise owner Upchurch Foods for negligence and improper training. They are seeking $15,000 in damages, as reported by KIRO7.

 During the opening statements, the plaintiff’s lawyer said the fast food giant should have known it was passing a “dangerous product” through the drive-thru window.

However, defense attorney Scott Yount said McDonald’s and the franchise were not at fault.

“Chicken McNuggets are designed to be eaten, not to be pressed against the thigh of a 4-year-old girl for two minutes,” Yount said.

McDonald’s issued a statement about the case late Monday: “We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our guests,” it said. “This matter was looked into thoroughly. Ensuring a high standard for food safety and quality means following strict policies and procedures for each product we cook and serve. Those policies and procedures were followed in this case and we therefore respectfully disagree with the plaintiff’s claims.”

Ralph Fernandez, the liaison between Upchurch and McDonald’s, took the stand as the trial’s first witness, the Sun Sentinel said. He testified that the chicken is cooked and served to 160 degrees to ensure the chicken is fully cooked.

Is it hot enough to cause burns?” the plaintiff’s lawyer John Fischer asked.

“That is not the intent,” Fernandez responded.

The trial before the Broward County judge is to determine if McDonald’s is responsible for the girl’s injuries. If the judge deems that the fast food company is liable, then a second trial will be scheduled.