$5,348 Awarded in Suit Over Bandage in McDonald’s Burger

A woman who found a bloody Band-Aid in her McDonald’s hamburger has been awarded more than $5,000 in damages.

A Monterey County Superior Court jury this week awarded Charlsie Kelly $5,348 for stress and anxiety.

Kelly bit into the hamburger at a Pacific Grove McDonald’s in 1992, then didn’t think much about it until she mentioned it casually to a doctor several days later.

She testified that he and a second doctor advised her to get tested twice a year for 10 years to make sure she had not been infected with hepatitis or the virus that causes AIDS, said Jay Wesolowski, the lawyer who defended franchise owner McHof Inc.

Kelly was tested and the results were negative, but she sued McHof for $100,000 for anxiety and stress.

According to Wesolowski, medical experts said a test with a follow-up in six months was all that would be needed to check for infection.

Kelly was not allowed to talk about her fear of AIDS in front of the jury because of a state Supreme Court ruling last year that plaintiffs cannot recover monetary damages over fear of contracting a disease unless they could prove exposure to toxic substances and prove that they were more likely than not to become ill.

Through an agreement between Wesolowski and Kelly’s attorney, Daniel Schrader of Monterey, the jury was informed that Kelly underwent needle tests that were painful and upsetting.

Experts said there is no way to prove the Band-Aid exposed Kelly to any harmful substances, Wesolowski said.

The owners admitted negligence and liability and said the only question was whether any injuries Kelly suffered were legally compensable.