The McDonald's Hot Coffee Case: Separating Fact from Fiction
January 11, 2012 | John T. BuchmanIt seems most everyone has heard about the McDonald’s “Hot Coffee” verdict, however, it may well be one of those “facts” we remember without really knowing how we every learned them. Furthermore, most people repeat those “facts” without ever learning whether or not they were true. Most people assume that the Plaintiff carelessly spilled hot coffee on her self and ended up with millions of dollars. Many people then argue that this exemplifies the “fact” that there are too many lawsuits and juries give out ridiculous verdicts to the undeserving. However, the facts are decidedly to the contrary. The Plaintiff, Stella Liebeck, was 79 years old when she bought a cup of coffee at McDonalds and got into her son’s car. The car did not have a console area to set her cup while she was riding as a passenger. She placed the cup between her knees while she was pulling off the lid and the cup spilled. Unlike most of the coffee that people make at home or buy from most any other restaurant, McDonald’s coffee was 180°. Most other coffee is heated to between 135-140°, a temperature that will not produce third-degree burns. However, McDonald’s, based on a consultant’s advice, brewed their coffee to 180-190°. I’ve heard different versions as to…
Read MoreBlocking Back and Neck Pain
January 3, 2012 | John T. BuchmanBack and neck pain are common afflictions which, by report, cost the United States millions of dollars in lost work time and medical costs each year. Those who suffer from chronic back and neck pain often must limit or give up activities they enjoy. While frequently due to car crashes, such pain can also be caused by many other factors. Medical science is still trying to identify and treat the cause of such pain. The American Medical Association itself is recognizing the long-term implications of ongoing chronic pain. An entire chapter is devoted to this in the AMA Guides to the Evaluation of Permanent Impairment. In car crash cases, the insurance industry routinely hires doctors that ignore this growing body of medical science and, without any real factual or scientific support, claim all injuries heal within 6-12 weeks. There is a growing subspecialty in medicine of pain management utilizing therapy and various procedures short of surgery to deal with ongoing pain. These often involve injections that serve both a diagnostic and therapeutic purpose. Many people, who are frustrated with attending physical therapy or chiropractic appointments, experience ongoing pain despite performing exercises and using over-the counter or prescription medications. These people often become frustrated with the inability of their doctors to determine a definitive…
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