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ARTICLE ID 146927

$________ Food contamination - Plaintiff bites into metal wire - Emergency surgery required to remove wire from throat.

Centre County, Pennsylvania

The plaintiff claimed that the defendant was negligent in allowing a piece of metal wire from a grill cleaning brush to enter a steak sandwich served to the plaintiff. The defendant conceded liability, but claimed that the plaintiff was exaggerating her injuries.

On November 12, ________, the plaintiff, who was a 24-year-old recent college graduate with no health insurance, was eating a steak sandwich at defendant’s restaurant. The plaintiff swallowed a metal wire that lodged in her throat, at the entrance to her windpipe and required surgical removal.

The plaintiff contended that the defendant reported to the health department inspector that it did not use wire brushes to clean its grills. However, after the inspector viewed the wire extracted from plaintiff’s throat, he returned to the restaurant to confront the manager. At that point, the defendant admitted that it used wire bristle brushes to clean one grill, but not the one adjacent to it where the meat for the plaintiff’s sandwich was prepared.

The plaintiff had difficulty with the general anesthesia during surgery and contended that she experienced pain and soreness in her throat for several weeks thereafter. The plaintiff’s claimed long term sequelae including psychological problems associated with not being able to trust, and eat, any food that was not prepared by her. The plaintiff claimed approximately $________ in out-of-pocket medical expenses. She also contended that because of her lack of health insurance, she was subjected to bill collection efforts which damaged her credit.

The case settled at pre-litigation mediation for $________.

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