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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21263
Experience:  20 years of experience practicing law.
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I was served at McDonalds in Brentwood Pennsylvania a Qtr

Customer Question

I was served at McDonald's in Brentwood Pennsylvania a Qtr with Cheese Meal, (on 4/29/2012) when I was eating my Quarter Pounder with Cheese, I took one bite and see a big black bug in the Quarter Pounder with Cheese. I took it to the Manager and ask for my money back. Can I file a civil action against McDonald for that? I'm filing a complaint with the Better Business Bureau right now. What should I do? I'm sick in my stomach.

I really need to know immediately what is the correct was to handle this situation.

In anticipation of your prompt attention, thank you for your cooperation.

Respectfully submitted,
"Without Prejudice"/s/ George D. Walls
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.

Sam :

Hi

Sam :

If you feel sick to your stomach, I suggest you should go to the ER and have this all documented. What I suggest is you contact the corporate headquarters and make a demand for an amount that you feel is reasonable for your discomfort.

Sam :

So, if you have it documented, you may be able to request say $3000 and after negoiations, perhaps, wind up with $1500. It will really all depend on what medical documentation you have and how well you can negoiate this matter

Sam :
Customer :

I have photos of the bug in the Quarter Pounder with cheese. I have a witness too. What more should I do. i am schedule to see a doctor in the morning.

Customer :

I took a photo with someone's smart phone while we were in the McDonalds and they sent it to my phone should I upload it so you can review it?

Sam :

No

Sam :

I don

Sam :

Do not need to see it.

Sam :

But a photo is very good.

Sam :

I suggest you try to get your Doctor to write something on letter head that says you have a terrible upset stomach or whatever it is and that you are distraught over this bug in the food.

Sam :

That will be very helpful.

Sam :
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21263
Experience: 20 years of experience practicing law.
Sam and 14 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
I filed a complaint with the Better Business Bureau and the McDonald's Corp. I also got the Witnesses email and phone number do you think this will help me? I cannot go to the doctors until morning. I have no way to get there until morning.
Customer: replied 2 years ago.
I have not been able to sleep because of this! My stomach hurts and I keep running to the bathroom! My head hurts too.

I don't have medical coverage until May 17th...

But I am still going to the doctors in the morning. If the bus was running I'd go now.

What do you think. Do I have a good case for compensation?
Customer: replied 2 years ago.
Relist: Other.
I sent more information with the hopes that someone would see that I have proof of my claim, However, I have been made to wait far too long. I need to know what I should do...
Expert:  InformationForYou replied 2 years ago.

The problem is that your damages are going to be very low. If you're ill, you definitely need to go to the doctor. That said, if the hospital determines that the upset stomach is a result of the bug, then what you'll collect from McDonald's would mostly be for your expenses. For example, if you have a hospital bill of $600 and you collect from McDonald's $600, then what you collected was for your hospital bill. That is why your other expert said you might end up with $1500...because your damages (the problems you suffered aren't too severe). Please understand, I'm not belittling your stomach troubles, but it would be hard to envision a bug in your burger causing you extreme, long term repercussions for which you could collect a large amount of money.

 

Good luck - I hope it works out. Please click accept to give me credit for responding.

InformationForYou, Attorney
Category: Legal
Satisfied Customers: 1955
Experience: 18 yrs trial attorney, professor of criminal law and ethics
InformationForYou and 14 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Sam replied 2 years ago.

Hi

 

The pictures will help with getting McDonald's attention on this matter. But, as I said, you will need good medical documentation that the stomach upset is due to this directly.

Customer: replied 2 years ago.
I've been prescribed medication because of this bug in my food!

Look McDonald's want to resolve my claim without trial. See their response below:
----------------------------------------------------------------------
From: Pittsburgh Rest. 05180 (US Stores) ;
To:XXX@XXXXXX.XXX ;
Subject: Response to Complaint
Sent: Tue, May 1, 2012 2:34:21 PM

Dear Mr Walls,

Hello My name isXXXXX and I am A Manager at the Brentwood Mcdonalds.. I would first like to apologize for any inconvience we may have caused you at your visit to our store. We would like to help rectify this
situation and in order to do so i will need your contact informatioin to give to our insurance carrier for a claim.
We will atleast need to have in addition to your name, an address and a telephone number and as soon
as we receive this information, we can procced with the claim. Once again please accept our sincere apologies
and I hope to hear from you soon.

Thank you,
Tamica Smith
XXX-XXX-XXXX


What should I do now?
Customer: replied 2 years ago.
Relist: Answer came too late.
What should I do now?

See McDonald's reply below:

From: Pittsburgh Rest. 05180 (US Stores) ;
To:XXX@XXXXXX.XXX ;
Subject: Response to Complaint
Sent: Tue, May 1, 2012 2:34:21 PM

Dear Mr Walls,

Hello My name isXXXXX and I am A Manager at the Brentwood Mcdonalds.. I would first like to apologize for any inconvience we may have caused you at your visit to our store. We would like to help rectify this
situation and in order to do so i will need your contact informatioin to give to our insurance carrier for a claim.
We will atleast need to have in addition to your name, an address and a telephone number and as soon
as we receive this information, we can procced with the claim. Once again please accept our sincere apologies
and I hope to hear from you soon.

Thank you,
Tamica Smith (NNN) NNN-NNNN
Expert:  Sam replied 2 years ago.

Hi


I suggest you can respond to the manager with the information. When the insurance company contacts you, provide them all the information and from your hospital visit with the meds and see what kind of offer they make you.

I hope you are feeling better.

Customer: replied 2 years ago.
Look at this additional information:

Mr. Walls,

As stated previously I cannot advise if you need to seek legal representation, it is not going to speed up the claim in fact it may take longer. I believe that the medical authorization form is what I will need to proceed to review your damages. What are you seeking to get this resolved?
------Well, since you have sought medical treatment regarding this incident and if you were a beneficiary we are required by law to submit a request for a lien on behalf of Medicare. This is part of our insurance investigation.

Attached is the form I had discussed with you, please sign and complete the provider list and return to me so I can request your records.
----------------------------------------------------------------



XXXXX XXXXX
Senior Claims Representative
Milwaukee Liberty Mutual Commercial Markets
11800 West Park Place
Milwaukee, WI 53224
XXX-XXX-XXXX ext. 35604
Mail Stop 02B
SDN: 73-35604
Fax: XXX-XXX-XXXX

The last thing Libert Mutual Wrote me informing me they do not know what to offer. What do you think? I ask them what would they offer to resolve this claim amicably, they responded they don't know what to offer, do that make any sense?

Sincerely,
/s/George Walls
Expert:  Sam replied 2 years ago.

Hi


As I suggested, you should consider a number that you feel is reasonable for your damages, which you obviously have since you have the medical information. I suggest you can tell them $5000 and then they will counter and at some point you will come to a happy compromise.

 

 

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21263
Experience: 20 years of experience practicing law.
Sam and 14 other Legal Specialists are ready to help you
Expert:  Sam replied 2 years ago.

Hi

 

Here is what I suggest when you begin negoiations. Make your demand. See what they counter. Then you can decide if you should go higher or not. Remind them you have medical documentation of the illness caused by the insect in the food.

Also, I suggest you may want to report this to your local health department.

Customer: replied 2 years ago.
Below is a copy of the email I sent to Libert Nutual; what do you think?
-------------------------------------------------------------------

From: George Walls
To: XXXXX XXXXX
Sent: Sunday, May 6, 2012 11:34 AM
Subject: Claim # XXXXX Event XXXXXXXXX


You asked me what I want to resolve this claim $7,700.00 (seven thousand seven hunderd dollars).
I would like to Remind you I have medical documentation of the illness caused by the insect in the food.

Also, I suggest you may want to report this to your local health department; or would you like me to report it and go to the press too?

This claim could have been resolved by now, since I believe that you intend to stall, maybe I should contact the Allegheny County Health Department and send copies of the Photos that was taken after the discovery of the BIG BLACK BUG in my Quarter Pounder with cheese that was served to me by McDonald's in Brentwood, Pennsylvania. $7,700.00 and I will never talk about this sitaution again.


RESPECTFULLY SUBMITTED,
"Without Prejudice"
/s/ George D. Walls
Customer: replied 2 years ago.
Relist: Answer came too late.
I need an answer ASAP
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

Your original expert is offline at the present time. Do you wish to be assisted by a different expert?
Customer: replied 2 years ago.
yes
Expert:  JB Umphrey replied 2 years ago.
I have reviewed the past posts to this thread.

What was their response to your e-mail demand of $7,700?
Customer: replied 2 years ago.
Just sent it today, no response yet.

Thanks for reading all those notes. Did you see the photos?

My Stomach is still not right. I can't seem to sleep either.

I haven't eaten any meat since that day!
Expert:  JB Umphrey replied 2 years ago.
How much were the medical bills paid by Medicare?
Customer: replied 2 years ago.
I'm not sure that I'm covered by them?
Expert:  JB Umphrey replied 2 years ago.
Do you have health insurance?
Customer: replied 2 years ago.
not until May 15th, 2012
Expert:  JB Umphrey replied 2 years ago.
Very well. Then, at this juncture, all you can do is wait for their reply to your demand.

Keep in mind that if they do not respond or if you cannot reach a resolution, then you are free to sue them in small claims court. The forms for doing that in Pennsylvania are found at: http://www.aopc.org/Forms/Default.htm

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

Please let me know if there is anything else I can provide to give you excellent service!"

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