Back in 2019, a routine trip to McDonald’s turned into a nightmare for Philana Holmes and her daughter, Olivia Caraballo.
As they happily unwrapped their Happy Meals, little did they know that one of the chicken nuggets would cause so much pain and turmoil.
Holmes handed the food to her children in the back seat, unaware of the potential danger that lurked within.
When four-year-old Olivia bit into a seemingly harmless chicken nugget, she was met with a scalding sensation that left her screaming in pain.
Seeking Justice Against McDonald’s
The severity of the injury demanded justice, and Olivia’s family sought to hold McDonald’s accountable.
Lawyers for the family were determined to secure $15 million in damages, arguing that the incident had left a lasting impact on the young girl’s life.
“When we walk out of those doors, that’s it. We don’t get to come back and say let’s check on Olivia in five years, let’s check on her in 10 years… you have to do it now or you can never do it again,”
emphasized John Fischer, the family’s attorney.
The courtroom became the battleground where Olivia’s pain and suffering were debated.
McDonald’s legal team attempted to downplay the incident, claiming the injury had healed in just three weeks. They argued that $156,000 would be sufficient compensation.
“She’s still going to McDonald’s, she still asks to go to McDonald’s, she’s still driving through the drive-thru with her mom, getting chicken nuggets,”
stated defense attorney Jennifer Miller, pointing to the child’s continued visits to the restaurant.
Contrary to the defense’s claims, Holmes testified that the injury had a lasting impact on her daughter. Olivia had affectionately nicknamed the scar on her inner thigh her “Nugget” and expressed a desire to have it removed.
In a landmark decision in May, the South Florida jury ruled in favor of Olivia’s family. The jury found both the restaurant chain and Upchurch Foods responsible for failing to warn about the potential harm posed by the scalding hot McNuggets.
The verdict brought a sigh of relief to Olivia’s family, as the jury awarded them a substantial $800,000 in damages. This compensation covered pain and suffering, disfigurement, mental anguish, inconvenience, and loss of capacity for enjoyment of life.
Outside the courtroom, Holmes expressed her contentment with the outcome.
“I’m actually just happy that they listened to Olivia’s voice and the jury was able to decide a fair judgment,”
she told reporters.
