Aspies For Freedom

Couple suing McDonald's says fries 'poison' to their child

Macdonalds fries caused autism treatment setback

By Bill Douthat
Palm Beach Post Staff Writer
Tuesday, February 21, 2006

Nearly every day for the past two years, Annie Chimiak's parents took her to a McDonald's restaurant near their Jupiter Farms home for the child's favorite food, a large order of french fries.

"She'd squeal with happiness," said Mark Chimiak, who said the fries were a treat for his little girl, who is autistic and must follow a gluten-free diet that excludes most of the fun food other kids eat. Gluten is a protein found in wheat and other grains.

Last week, Annie's parents read that McDonald's had quietly removed french fries from its gluten-free menu, sending them into a panic.

"It's just shocking to find out that what I was giving her was not happiness but a gluten high," said Mark Chimiak, a high school teacher in Stuart. "I was giving her a fix."

Mark and Teresa Chimiak say the french fries were not gluten-free as advertised but were a "poison" that caused Annie to suffer bleeding ulcers, worsen her seizures and set back her treatment for autism.

The Chimiaks appeared at a news conference Monday to discuss their lawsuit that accuses McDonald's of negligence for failing to provide accurate nutritional information regarding the presence of gluten in the fries.

McDonald's says its french fries do not contain gluten. The company said Dr. Steven Taylor of the Food Allergy Research and Resource Program of the University of Nebraska concluded tests in recent days and found no gluten in the chain's french fries.

The Chimiaks claim gluten in the fries caused Annie to suffer advanced celiac disease, epileptic seizures and stomach ulcers. Celiac disease is an autoimmune condition triggered by gluten. The little girl began eating the fries in 2004 after the Chimiaks say they were assured by restaurant managers and the McDonald's Web site that the fries contained no gluten.

Teresa Chimiak, a nurse, said she kept a daily record for the past two years of everything that her daughter ate as well as recording her medication and sleeping hours. She said Annie was diagnosed with a gluten sensitivity two years ago and was found to have celiac disease three weeks ago.

Chimiak said she was shocked the celiac disease could cause bleeding when her daughter was on a strict gluten-free diet.

Last Tuesday, a doctor treating Annie's autism e-mailed the parents a story from a news Web site that said McDonald's acknowledged the oil used to cook the fries contains gluten.

"I woke my husband up at 3 a.m. and said, 'Oh my God, I found it, I found it,' " Teresa Chimiak said. "I know why nothing is working."

Other lawsuits were filed over the gluten issue last week in California and Illinois.

Jack Daly, senior vice president of McDonald's Corporation, said in a statement e-mailed to the Palm Beach Post Monday that the company understands the concern of customers with celiac disease and food allergies. But Daly said the new testing confirms that the fries are gluten free and allergen free.

"Based on this analysis, we believe the lawsuits filed are without legal merit," Daly said.

Teresa Chimiak said she's skeptical.

"When are they lying?," she said. "Am I supposed to trust them now?"

Brian W. Smith, the Chimiak's attorney, said the fries are "basically poison" to people with advanced celiac disease.

"This lawsuit is about misrepresentations made by McDonald's," Smith said. "They represented to people like the Chimiaks that these french fries are safe for consumption by people like Annie," Smith said.

Annie, wearing pigtails and a denim play suit, sat briefly with her parents at the news conference but was whisked away by a nanny. The Chimiaks said they are hoping her condition improves since she stopped eating the french fries.

Teresa Chimiak said she wants McDonald's to pay Annie's medical bills for the past two years and to warn other gluten-intolerant consumers of the content of their fries.

She said she's not afraid of taking on the global corporation.

"They are huge," she said." We are just a mom and a dad and a sick kid. But they are wrong."

ENDS

What they need to do is get a sample and have it independently analysed

"It's just shocking to find out that what I was giving her was not happiness but a gluten high," said Mark Chimiak, a high school teacher in Stuart. "I was giving her a fix."

What responsible parent takes their child to McDonalds every single day anyway?
And he shouldn't be trying to provide happiness for the child through fast food.

Nearly every day for the past two years, Annie Chimiak's parents took her to a McDonald's restaurant near their Jupiter Farms home for the child's favorite food, a large order of french fries.

McDonalds cook their fries in noxious trans fats, but the company is so devious in its advertising and marketing, that I wouldn't blame the parents for not realizing that they were exposing their child to risk, since we can all be taken in, in one way or the other.

I should like to see McDonalds made to print a health warning on their packaging, and display a large sign outside their premises giving the address of the nearest digestive diseases clinic.

Just because people can be taken in, it doesn't mean that it is right for them to be so.

Would you like fries with that?  :wink:

While I sympathize with people who have celiac disease, these parents are really really stupid people.  

Some food products are actually gluten free as that is not an ingredient in them but because they can not guarantee cross contamination with other food products they sell, the owners will not say they are officially "gluten-free".   So if someone cooked the chicken fingers in the same fryer as the fries then it would be cross contamination but that really would not be enough to make someone sick.   I have never worked at McDonalds but I do believe that the fryer is only for fries and that they use something else to cook the chicken fingers and fish filets.  Some celiac disease sufferers do have an issue with insisting on "gluten-free baking powder".  

It is the same with peanuts only that allergic reaction is sometimes fatal.  Companies that have officially peanut free products do not have any nuts in the manufacturing or packaging facilities.

Sounds like stupid and greedy parents who just need a source of income for their AB therapies.    I'd give the father, a teacher an F for science and an A+ for greed.

Nearly every day!?!?!  :shock:

I'm sorry, but feeding your child McDonalds food nearly every day for two years counts as child abuse in my book.

And they can't even have the excuse that the parents are a bit dumb, and couldn't have known any better, for gawd's sake, he's a high school teacher!

Another pathetic example of American litigation culture.

Mmmmm.  Ingredients for McDonald's fries do list flavouring could have wheat origin but any gluten from that would be very very minimal.  The possible beef content might be an issue for vegetarian and some religions.

http://www.mcdonalds.com/app_controller....index.html

this is the "might contain gluten" list for celiac disease:

Additives
Artificial flavorings
Caramel color
Colorings and dyes
Dextrins
Emulsifiers & softeners
Hydrolyzed plant protein
Hydrolyzed vegetable protein Malt Vinegar
Mono- & di-glycerides
Natural flavorings
Preservatives
Spices (anti-caking agents)
Starches, modified food starches


So most companies/restaurants are not going to say that their food is totally gluten free since there might be gluten depending on the source of the grain that is used to derive these additives/ingredients.  So then McDonald's fries will be put on the "no" list and people with celiac will not buy them.   So many companies would not want to be on a "no=gluten" list because they would not want anyone to sue them or have to deal with recalls just in case they received a shipment of ingredients that was not gluten free.

OK, taking your kid to McDonalds every day for two years! :shock:

Now I neither like or dislike McDonalds, it is great in a pinch when your travelling or in a hurry.  Or as a treat, like Amber and I having lunch there for the first time in months.  (Her request)  And she ate 3/4 of my fries as well as her own.  (medium size)

But, every day! :shock:    I hope this lawsuit gets dismissed ASAP.

Peace

McDonald's every day?!? I agree that doing that is actually child abuse. No wonder the child got sick!
:sick:

I'm reminded of "supersize me"

In "Supersize Me" didn't the man who lived on nothing but McDonald's for a month fall  ill?

This family must be the worst example of "following strict routines" for an Autistic person! Ok, I can imagine eating my favourite pizza every day, but...

Some guy in United States bought a piece of severed finger from someone who had an accident at work.  He put the finger in some chili from Wendy's restaurant and tried to sue them.  He did get charged because no one on the Wendy's staff was missing any body parts and eventually the police found out what he did.  

The issue here with the fries family is that McDonalds lists the ingredients for the fries with flavouring that could be derived from beef, vegetable or wheat sources.  There could be the possibility that the fries contain a trace amount of wheat product and could possibly contain gluten.  They are just being greedy for money in sueing.  As people have pointed out, if they were really so concerned for their daughter's health, they would not be feeding her fast food every single day.  

This type of ligitation does not happen too often in Canada or other countries where lawsuits of this type are not successful.  Also we have public health insurance.