How a Chicken McNugget led to a $1.18m payout to a young girl

McDonald's and a franchise operator have been ordered to pay $1.18 million to an eight-year-old over an injury caused by a scalding Chicken McNugget.

Several Chicken McNuggets in a box.

McDonald's and a franchise operator have been ordered to pay $1.18 million in damages to a young girl who suffered a severe burn from a Chicken McNugget. Source: AAP, AP / Mark Duncan

KEY POINTS
  • Eight-year-old Olivia Caraballo suffered a severe burn from a Chicken McNugget.
  • The incident occurred in 2019 after Caraballo and her mother visited a franchise in Florida.
  • A jury on Wednesday awarded the young girl $1.18 million in damages.
McDonald's has been ordered to pay US$800,000 ($1.18 million) to an eight-year-old United States girl who received second-degree burns after a Chicken McNugget fell on her lap.

The incident occurred in 2019 when Olivia Caraballo, then aged four, visited a McDonald's franchise owned by Upchurch Foods in Tamarac, Florida.

A separate jury in May decided that McDonald's and the franchise operator were responsible after hearing testimony from Philana Holmes, Caraballo's mother, who said she had ordered Happy Meals for her son and daughter but had not been warned the food might be unusually hot, the South Florida Sun Sentinel newspaper reported.
A young girl standing while her mother, looking down, is seated in a courtroom.
Olivia Caraballo and her mother, Philana Holmes, at the Broward County Courthouse in Fort Lauderdale, Florida. Source: AAP, AP / Amy Beth Bennett
Holmes said she pulled over when her daughter started screaming and saw the burn. Testifying again on Tuesday, Holmes reportedly said her daughter referred to the scar on her inner thigh as her "nugget" and eagerly wants it removed.

Pictures of the burn and audio of Caraballo's screaming were shared in court in May and again on Tuesday.

Lawyers for McDonald's had argued that Caraballo was not experiencing ongoing discomfort and that it was her mother who had an issue with the scar.

The family sought $15 million in damages, while McDonald's had argued US$156,000 ($230,000) was sufficient.
Two women hugging.
Philana Holmes (right) hugs her attorney, Keyla Smith. Holmes said the jury's decision was "more than fair". Credit: Amy Beth Bennett
After closing arguments on Wednesday, a jury at the Broward County Courthouse in Fort Lauderdale, Florida, decided the defending parties should pay US$800,000 ($1.18 million) — $400,000 ($590,000) for the past four years and $400,000 ($590,000) for the future, the Sun Sentinel reported.

"I'm actually just happy that they listened to Olivia's voice and the jury was able to decide a fair judgment," Holmes told reporters outside the court, according to US media outlet CBS News.

"I'm happy with that. I honestly had no expectations, so this is more than fair for me."

SBS News has contacted McDonald's for comment.

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2 min read
Published 21 July 2023 1:17pm
Updated 21 July 2023 1:21pm
Source: SBS News


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