McDonald's is being sued over claims that a slice of American cheese on a Big Mac caused a man to have a severe allergic reaction.
Charles Olsen, 28, filed the suit Friday, alleging he almost died after eating a burger from a New York City McDonald's in February 2021.
According to the lawsuit, which was obtained by The Daily Beast, Olsen placed an order for a Big Mac meal without cheese through DoorDash. The legal complaint included a copy of Olsen's online order, which showed he had checked "No American Cheese." The lawsuit noted that there was no way for Olsen to indicate he had a food allergy, and that the only option was to "Remove from Big Mac."
The restaurant "had always made it without cheese when that had been requested in the past, so he thought this would be safe," attorney Jory Lange Jr. told NBC News.
After a few bites of his meal, Olsen "immediately felt like something wasn't right."
"His throat began to itch and swell. He felt a burning sensation throughout his body," the lawsuit states. "He looked at his girlfriend, Alexandra, and coughed, 'There's milk in this!"
"Minutes later, Charles' body was covered in hives. His breathing became heavy and congested. His whole body felt feverish. He developed a persistent cough, followed by wheezing. He also began gasping for air," the lawsuit continues. "He choked out his words to Alexandra that he needed medical help right away."
Olsen was rushed to the hospital, where he was "on the brink of needing intubation to save his life" and was admitted for anaphylaxis. Doctors were able to stabilize and discharge him after several hours. He has since recovered.
Because he unknowingly ate "contaminated food products," the lawsuit claims Olsen suffered "substantial medical expenses, and endured great physical pain, discomfort, mental anguish, and suffering" -- all of which could have been avoided if McDonald's followed Olsen's request.
"With the rising number of people who suffer from really serious food allergies, like Mr. Olson, it's really, really important for restaurants, that whenever a customer tells you, 'Hey, don't include this particular ingredient in my order,' that they honor it," Lange told The Daily Beast. "Especially if it's something like milk or cheese, which is one of the nine most common food allergens that leads to people having anaphylaxis and ending up in the emergency room."
The lawsuit is seeking monetary damages and a jury trial.
While McDonald's Corp. declined to comment on the lawsuit, The Colley Group, which owns the franchise at the center of the complaint, said in a statement to NBC: "Nothing is more important than the safety of our customers. We take every complaint seriously and are actively reviewing these claims."