Parents blame McDonald’s McNuggets for Broward toddler’s severe burn

The pained shrieks of a 4-year-old girl filled a Broward courtroom Tuesday, a vivid reminder that a family’s lawsuit against a fast-food giant over “dangerously hot” chicken nuggets is no laughing matter.

The screams were recorded in 2019, the day Philana Holmes bought her daughter a Chicken McNugget Happy Meal at a Tamarac McDonald’s drive-thru. No one is disputing that the second-degree burn on the girl’s skin was caused by the chicken. The dispute in court is over who is to blame.

Holmes and the child’s father, Humberto Caraballo Estevez, sued McDonald’s for negligence and improper training, accusing McDonald’s and the franchise operator, Upchurch Foods, of failing to protect the safety of its customers.

In opening statements Tuesday, attorneys for the plaintiffs said the franchise should have known it was passing a dangerous product through the drive-thru window and that McDonald’s corporate headquarters was to blame for failing to set safer standards.

Defense lawyer Scott Yount said the business was not to blame.

“Chicken McNuggets are designed to be eaten, not to be pressed against the thigh of a 4-year-old girl for two minutes,” Yount said.

That, evidently, is how long the nugget was wedged between the victim’s thigh and her seat belt, causing second-degree burns and scars that plague the victim to this day.

McDonald’s issued a statement about the case late Monday: “We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our guests,” it said. “This matter was looked into thoroughly. Ensuring a high standard for food safety and quality means following strict policies and procedures for each product we cook and serve. Those policies and procedures were followed in this case and we therefore respectfully disagree with the plaintiff’s claims.”

The first witness was Ralph Fernandez, the liaison between the franchise operator, Upchurch, and McDonald’s USA. Fernandez testified that the chicken is cooked to a temperature of 160 degrees and maintained at that temperature until served. But that temperature is intended to insure the product is fully cooked, he said.

“Is it hot enough to cause burns?” plaintiff’s lawyer John Fischer asked.

“That is not the intent,” Fernandez responded.

The trial before Broward Circuit Judge David Haimes is expected to be brief, and it is focusing only on whether McDonald’s is liable for the young girl’s injuries. If the plaintiffs win, a second trial will determine damages.

Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457. Follow him on Twitter @rolmeda.