What happened to Olivia Caraballo? McDonald's chicken nuggets lawsuit explored as Florida family awarded $800,000 

(image via the Associated Foreign Press)
Olivia Caraballo along with her mother (image via the Associated Foreign Press)

On Tuesday, July 18, Olivia Caraballo (8) testified against McDonalds after she reportedly received second-degree burns from a hot chicken McNugget some years back. As per Star Advertiser, the incident occured in 2019, when Caraballo was only 4 years old.

She was reportedly in her mother's car in a McDonalds drive-through when a chicken nugget fell on her thigh and severely burned her. The Star Advertiser noted that the jury decided to award the Florida family $800,000 in damages.

Trigger warning: The image below depicts second-degree burns, reader discretion is advised.

As reported by CNN, the jury awarded Olivia Caraballo's family $400,000 for the injuries sustained by the child in the past, as well as an additional $400,000 for any treatments she may have to receive in the future. Upchurch Food and McDonalds have not yet publicly commented on the decision of the court.


Olivia Caraballo's family responds to the successful lawsuit

As per Olivia Caraballo's family, the incident occured at a McDonalds in Tamarac, near Fort Lauderdale. The child's mother, Philana Holmes, said she bought the children a happy meal from the drive-thru. As she drove away, she heard screaming. When she pulled over, she discovered that a McNugget was stuck between Carabello's thigh and the seatbelt. She claimed that McDonalds neglected to inform the family that the food was dangerously hot.

Philana Holmes stated that she's happy her daughter was able to personally speak out about her injuries. She testified that the 8-year-old has a permanent scar on her inner thigh which she wants to have removed. The family initially sought $15 million in damages.

“I’m actually just happy that they listened to Olivia’s voice and the jury was able to decide a fair judgment," Philana Holmes said.

The mother added that while they formally requested $15 million in damages, she did not initially expect that the case would be successful:

“I’m happy with that. I honestly had no expectations, so this is more than fair for me.”

Contrary to the Caraballo family's demands, lawyers for McDonalds claimed that whatever injuries the 8-year-old sustained in the incident had been healed. They claimed that the removal of the scar was something that Philana Holmes wanted, rather than Olivia Caraballo herself. The McDonalds legal team additionally told jurors that $156,000 should cover both past and future medical expenses.

The McDonalds legal team claimed that Olivia Caraballo still went to the chain for food, and that her mother was exaggerating how much the injury had impacted her life:

“She’s still going to McDonalds, she still asks to go to McDonald’s, she’s still driving through the drive-thru with her mom, getting chicken nuggets. She’s not bothered by the injury. This is all the mom.”

In response to the success of the lawsuit, the Florida family's legal team discussed their victory over the global fast food chain.

“This momentous decision brings meaningful closure to an arduous and protracted legal process. Having previously established the defendants, Upchurch Foods Inc and McDonald’s USA LLC, as liable for their wrongful actions, this verdict reaffirms that they must now face the consequences and provide full justice.”

The New York Times noted that in the past seven decades, since the inception of McDonalds, the fast food chain has faced a number of lawsuits and legal cases. The most famous case was known as the 'McDonalds Coffee Case,' in which Stella Liebeck sued the chain after she sustained third-degree burns from extremely hot McDonalds coffee. She was publicly awarded $640,000 in the aftermath of the case.

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Edited by Abhipsa Choudhury
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