McDonald's Coffee: The truth about the infamous lawsuit

The other day I pulled through McDonald's for their $1.00 soda and a $1.00 McChicken (I know, horrible for me, but I needed quick and very cheap).  "Welcome to McDonald's.  Would you like to order a free coffee today?"  I sat there dumbfounded.  Free coffee?  Really?  Apparently from March 12th through the 23rd, you could get a free coffee at McDonalds.

Why was I dumbfounded?  The idiocy of a corporation and the belief that all people would not know the FULL FACTS of the Coffee lawsuit if the 90's.  In fact, amongst my non- law school friends, this remains the most misunderstood award in tort law history due to a political smear campaign.

So, let me make you aware of the facts as they were:
1.  Normal coffee that you brew at your house is approx 135 degrees.
2.  Corporate McDonald's policy was to brew at 185 degrees, +/- 5 degrees.
3.  McDonalds was aware that this degree of heat would, in fact, burn a customers lips, throat, and mouth.
4.  McDonalds had been warned several times that the heat was too high for safety.  There had been other burns, from other customers.  McDonalds refuse to lower heat, stating their customers were often driving and wanted their coffee to still be hot when the reached their destination.  McDonalds had documented a long history of the severity of this problem.
5.  At 185f, the heat would cause SEVERE burns within 2 to 7 seconds.
6.  The plaintiff was a grandmother and 79 years of age.  She purchased her drink as a passanger in a car.  She was dressed in sweatpants.
7.  She took the top off to add cream and sugar.  The car was parked.  As she took the top off, the cup, the entire contents tipped in her lap.
8.  Her sweatpants absorbed the hot coffee, holding it to her skin, and she suffered 3rd degree burns over 6% of her body.

The jury awarded the grandmother, who had to have several painful skingrafts, what amount to 2 days coffee purchases (2.7 million), but the judge reduced the award of punitive damages to 480,000.  She also received money to pay for her medical bills and pain in suffering in the amount of 160,000.  After the trial, McDonald's dropped it's corporate policy and coffee was brewed at 155 degrees, which allows for the coffee to cool and avoids serious burns.

A woman who suffered serious burns...... And if McDonalds can offer free coffee for 10 days, can you imagine?  For some reason I found this campaign ironic and absurd.  McDonald's fought tooth and nail against a serious injury when the facts pointed to that their policy was dangerous.  I find it turning my stomach, that 20 years almost to the anniversary of the severe burn, McDonald's can give their coffee away from free.  While the lawsuit changed their corporate policy, and gave them what results to a little pat, shrug, and poke of the elbow "don't do that again," the ones that lose out on this are really the plaintiffs.

Why did the Plaintiff lose out????  Simple. I am not talking about the grandmother.  I am talking about future plaintiffs.  The conservative right, has used this case erroneously as to why there should be tort reform.  This case is the "banner" case of the argument about frivolous lawsuits.  Yet, how often do we hear the truth?  We don't.

Perhaps I write this because I am clearly starting to see how mega corporations like McDonalds, lobby to great effect against the little guy.  And it is starting to make me feel sick.  Because they use this public sentiment to lie to us, to deceive us, into believing something that is only partially true.  In this case, the lady spilled her coffee and she must of known it was hot!  There is a warning on the top of the coffee cup after all...... what one does not expect is to have any more than a mild red spot and an ouch -- we don't expect to have 3rd degree burns.  But we the public do not remember the FACTs, we remember the SPIN.

Well I remembered.  And said NO, to that cup of coffee.

Health Condition

Again, I have not posted in so long.  I have been ill.  From the last post, until now, things have not been a picnic but rather a small, slow nightmare of learning what happens when people are unemployed and uninsured and have a health condition.

For the past several years, my doctor has been treating me for TMJ.  I would get extreme pain in my ear and jaw particularly during times of tremendous stress.  In October around the time of the last post that I made, I was convinced I needed an extraction of my back molars.  I figured they had cracked from all the clenching that I did with my jaw.  I was in tremendous pain.  Ultimately the pain faded a bit.  I had no health insurance and no income, so having teeth pulled was last on my list.  I figured I would baby myself along and deal with it.

In November I was standing in Blockbuster when it felt like someone hooked up jumper cables to my teeth on my right side, upper teeth and just cranked it up.  I actually felt giant jolts.  After an hour or so, it stopped.  A few days later, it happened again.  After an hour it stopped again.  This repeated a few more times until around the 10th when the jolts were followed by the feeling of someone hitting my face with a metal bat.  This lasted 5 hours.  5 hours of the worst pain in my life.  Worse than childbirth..... way worse.

On the 16th of November, it came again.  Worse.  6 hours of pain had me a screaming, crying mess.  I told my mom that she had to take me to the ER or I was likely to hurt myself to end the pain.  Crying actually hurt my face.  Tears made me feel like razor blades were slicing my face open.  The cold air outside hurt even more.  I had never felt anything like this in in my life.

I got to the ER and was admitted immediately -- no waiting in the waiting room for a room to open up.  My blood pressure was 185/79.  I actually almost passed out while they were taking my vitals.  I waited for 2 hours to see a doctor (when pain is not visible, you are last in line to be seen).  The ER doctor and a on call neurologist broke the news to me:  I was suffering from a chronic pain condition called Trigeminal Neurolgia.

Trigeminal Neurolgia, hereafter TN,  is a condition in which the largest nerve in your face misfires and sends pain signals to the nerve even from just the slightest touch.  This condition is the known in the medical community as the most painful condition known to medical science.  Those that suffer from it have coined it the "suicide disease" because many who suffer from TN actually take their life.  There is no known cure.  Actually, to make things better, doctors and experts do not know why it happens.  I was told I needed an MRI sooner rather than later to rule out a tumor or MS.  With no health insurance, I chose later.

The first line of treatment is anticonvulsant medications that you would treat epilepsy with.  Unfortunately, these medications have awful side effects and take a long time to build in your system.  My search began.  My primary doctor was not skilled in this area and recommended a trip to a neurologist.  Something I could scarse afford.  After much research I found that OHSU had an expert in the field on their  payroll.... AND a financial assistance program.  I applied and was accepted for financial assistance.

In late January I saw my neuro... who confirmed the diagnosis and referred me to an MRI.  He also made it clear I could not take the bar exam as scheduled in February.  It would be a few more months, by his calculation, before we had this condition under control. I was devastated, but determined to be treated.

The MRI came back clear of tumors and MS.  For that I am thankful.  But the pain was tremendous for a long time.   I am happy to say that the pain is for the most part controlled now and the side effects few.

This is a scary condition to have.  One that usually hits those in their 70s and 80s.  But I am glad that there are places like OHSU that give assistance to people like me, who are caught in the system.

Occupy Movement

The Occupy movement is fascinating me on so many levels; first as a amateur sociologist, second as a student of law, and finally, as a fed up citizen of the United States.  I was a sociology minor in undergrad, which strangely prepared me for the study of law.  But it is at times like this that I truly am amazed at how systems push back and forth against each other.

While studying this subject, I focused on social movements and protests... Every radical protest in the 1900's started with the militants and the college students.  They made ridiculous demands.  Yet, the movements grew and as that happened, the average citizen joined and the demands became reasonable.  Size has everything to do with a successful protest, but also, persistence... especially if what you are protesting is the government.  So far, it looks as if Occupy is here to stay.

The student of law looks to the first amendment.  Yes there is a right to protest, but what and how far can this go?  What about when the protestors right violates one of mine:  say like walking peacefully through my favorite park or driving down a road.  What then?

Early yesterday morning, the city of Portland arrested protestors that had shut down Main Street.  Many were outraged.  But the question remains, whose rights are more important?

This is interesting times for sure.  Will Occupy stick around long enough to become a powerful voice, rather than the irritant it is right now?  Only time will tell......

You Should Teach....

That has been the common statement to me lately.  Oh, don't worry, I still plan to practice law.... but I need something to pay the bills in the mean time.  To be honest, I ache because I miss school so much.  I have been considering going back to school to get an MA then a PhD in something.... yet when someone said teach, I thought "Ya, that might fill the void."  So, I am going to keep applying for adjunct positions.  I think there is something valuable to be had by sowing into others lives.

Silence needs to be broken....

Yes, it does.  I haven't been talking a lot.  Mostly because I am disappointed in myself.  See, I have taken the bar a few times and have not been able to pass.  Latest example is this past July.  Results came out and again, I did not pass... this time the points for not passing were HUGE.  Not only that, but the fact of the matter is that the MBE (multiple choice questions) continues to be my stumbling block.

Now the MBE has become a monster in my head.  I was in good company.  Two of my good friends, both tops students in the class, were right along side me, except they did pass this last time.  I don't begrudge them.  But I have to wonder what the heck???? I bought a book, which has prompted me to write this post.  The book is written by a professor at Penn State who is speaking to those that have a hard time passing the MBE.  I never considered myself a high risk test taker.  But he says I am.  Why?  I am a single parent.  That means that I cannot cut off my life for the 8 weeks necessary to study for the bar.  I can't.  It's not possible.  So how do I rebound from that?

I don't know.  I wish I had some simple answers for everyone so I can pass and then pass on the solution for you.  As I navigate my way through this, I will share. 

The funny thing is:  If we gave only multiple choice answers, and twenty minutes to answer that question with one of those answers, and no research available -- in the real world of lawyering, it would be called malpractice.

This isn't about what you know... it's about whether you can pass a standardized test.

More money does not mean better product

It's taken me 36 years to figure this out.... just because a product is more money, does not mean it is better.  For the past 4 years I have battled adult acne like you would not believe.  I have been embarrassed by breakouts and have tried everything. I have spent endless money on expensive products which Clinique ladies and MAC artists have assured me will clear all up.  Then I went to try all organic at ALBA and spent close to 40.00 for a months worth of product.  I even tried proactive...... spent the 40 dollars there too.

And then this past month I did some research.  Seems that most women my age do something fatal.  We listen to those "makeup" experts who tell us to wash our face twice a day.  That ends up doing two things:  1) making your face produce more oil because it drys everything out, 2) makes for more acne.

After researching drugstore options, I ran across an article by a dermatologist.  They recommend Purpose.  5.99 for the bottle.  Non-soap, no oil.  Wash once a day.  The Dr went on to say that it is important to exfoliate to clean all pores out.  She recommended a 2.79 bottle of Queen Helene Mint Julip exfoliation product.  So, for the past 2 weeks I have faithfully been using these products.  I finish with a non-comegenic, oil free, moisturizer that I already had.  And guess what?  No more acne.  And as a bonus all the red spots left behind from breakouts are fading too. 

What does this have to do with practicing law, law school, opening a practice?  We all know that if your face is a mess, you feel a mess.  I no longer feel a mess in this area.  I have a glowing, healthy look to my face.  And I am ready to face any opposing counsel or judge when the time comes!

Business Plan: Mission Statement

As I am writing the business plan, the biggest thing that I am struggling with is the mission statement.  This should sum up your business neatly with what you are about and plan to do.  I spent the whole weekend fine tuning mine, running it by people, figuring out what core values I want my firm to hold.  I decided that my whole model will be based upon scripture in a round about way.  In Isaiah 1:17, the bible defines justice for us.  My model is going to paraphrase it to:  do right, seek justice, help the oppressed, defend the cause, and fight for rights.  All that  I do, all that I promise will be based upon those words.  If it doesn't fit in with that model, it's not me.

If you are thinking you might open your own practice, think carefully about this.  Think about what you will put out there for the world to think of your business.  Choose wisely, choose carefully.