Nationwide — The family of Olivia Caraballo, who was just 4 years old when she suffered burns from hot chicken nuggets at a McDonald’s drive-thru in Tamarac, Florida, has been awarded $800,000 in damages.The family had sought $15 million in damages in the civil lawsuit against McDonald’s USA and its franchise operator, Upchurch Foods. The jury determined that $400,000 would cover the past four years of damages, and another $400,000 be for the future.
Olivia’s mother, Philana Holmes, expressed her satisfaction with the jury’s decision, stating, “I’m actually just happy that they listened to Olivia’s voice and the jury was able to decide a fair judgment. I’m happy with that. I honestly had no expectations, so this is more than fair for me,” according to People.
McDonald’s defense argued that the child’s discomfort ended when the wound healed, which took about three weeks. They claimed that Olivia’s mother had a problem with the scar, and they believed $156,000 should be enough to cover both past and future damages.
The incident happened in 2019 when Holmes bought Happy Meals for her son and daughter. Olivia was sitting in the back seat when the nugget fell on her leg. The child screamed in pain, and Holmes pulled over to find the nugget lodged between Olivia’s thigh and the seat belt.
Holmes asserted that McDonald’s did not warn her about the unusually hot food. However, the company claimed they followed food safety regulations, ensuring the McNuggets are hot enough to prevent salmonella poisoning, and stated that they couldn’t control what happens after the food leaves the drive-thru window.
Now 8 years old, Olivia reportedly refers to the scar on her inner thigh as her “nugget” and wishes to have it removed.