Hypodermic needle in sandwich...

by Debra
(Florida)

About a month ago my 8 year old son bit into a fast food restaurant's roast beef slider sandwich and crunched down on a hypodermic needle. He thought he had a loose tooth; he spit out the bite and found the needle. We took him to the ER; no scratches or punctures were found.

A week and a half later, we had his blood drawn for testing to establish a baseline; all tests have come back negative so far. A police report was filed. The kitchen of the restaurant was inspected by the health department. The Risk Management office of the restaurant contacted us and wants us to send the needle to them or their beef supplier.

We are not sending the needle to them; we would like to have the needle independently tested to see where it came from.

We have shared photos of the needle with the USDA, the FDA, the state health department, the local health department, and professors at local universities and the consensus is that the needle got into the sandwich at the restaurant; due to the protocols followed when processing the beef, a needle could not make it through the process.

What are our options to pursue reimbursement for medical expenses, time, pain and suffering, etc.? Is there anything else we should be doing? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Hypodermic needle in sandwich...":

Debra (Florida):

Fortunately, your son was not seriously injured. If he had been, you would have had the basis of a strong personal injury claim against the restaurant owner, the beef provider, and any other companies which had something to do with the needle ending up in the food.

At this point, let the process takes its course. The FDA and other governmental agencies will likely vigorously pursue the matter in an effort to protect others from the dangers posed by the negligence of one or more companies along the line.

Be sure to seek the advice and counsel of an attorney. Concurrently, monitor your son's health. Because the State of Florida has a two (2) year statute of limitations on personal injury claims, the attorney you choose may likely wait until such time as your son’s medical condition is fully known.

If your son does suffer from the effects of the needle, the attorney will be sure to file suit prior to the statute of limitations expiring.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Food Contamination and Poisoning Questions.

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION