band aid in sandwich

State: Nebraska

Yesterday I attended an Auto Auction, where I rent space as a vendor, I transport cars. Anyway they were having a big "Super Bowl" party and had sandwiches catered in from "Blimpies" . I grabbed a sandwich, added some condiments to it, and took the first bite, where after chewing on it for a while, noticed something that would not chew up, took it out of my mouth and noticed it was a used band aid. I vomited, cried and then found the Manager of the Auction, who called the sandwich shop and informed them of what happened. The person who she spoke to was the owner and admitted making the sandwiches and also losing the band aid..... he admitted it !!!!! I went and had blood test done right away. I have the sandwich and band aid in the freezer.

Do I have a case, and if so based on what and how much $$$$ would I be entitled to. I feel almost like I have been raped or something. Does the fact that he admitted the band aid is his, help me or hurt me in this legal matter. Are they any cases similar to this where people have been awarded a judgement. I have been in contact with a local Attorney, who said we have a case and has contacted the owner of the sandwich shop. Just looking for some more advice and opinions. Thanks , feeling bad in Nebraska

[sandra]

i have found a similar story... see also related links below

My husband and I went to the Arbys near our house and then parked in the lot to eat. As I was finishing my sandwich (which was just a regular Arbys melt we got the 5 for 5.95) I found a band aid it in!! I was so grossed out I spit that bite back in the wrapper and proceeded to puke. I went back in with the bag of food, everything else was still in there minus one band aid sandy and whatever my husband had eaten up til the point when we found the nasty band aid. The girl at the counter said and I quite, "EWW! That's Quincy's!!" Then everyone disappeared to the back, where she was obviously reprimanded for admitting the band aid came from an employee. The manager returned the counter and stated everyone is wearing gloves and nobody has any cuts. So they gave me my $ back without even saying sorry or anything. I told the person walking in the restaurant be careful I just found a nasty band aid in my sandwich, and so the manger called the cops on me, I didn't realize it was ILLEGAL to warn someone about their nasty hygiene practices! Then she even followed me outside to get my car/plate information. So I waited for the cops to come so I could explain what happened. So not only did they serve up a band aid, call the cops on me and be rude she then LIED to the cops! She told the cops I was running around the store yelling at everyone that I had "food poisoning" Which never even came up in the conversation AT ALL. I am a nurse, so I happen to know that foodborne illnesses don't manifest themselves for 24-48 hours. What I was, however, worried about was any sort of disease the person wearing the band aid may have had, and bloodborne pathogens (e.g. hep a b or c and HIV) Then she had the audacity to tell the cops I "Just wanted my Money back." Excuse me *****? I should have said "Your the one working in Arbys when your 40 what did u drop out of elementary school" My car is probably worth more than the scum dump housing project she crawled out of.

RELATED LINKS:

Arbys Complaints - band aid sandwich

Safety and Health Topics: Bloodborne Pathogens and Needlestick Prevention

Common Foodborne Pathogens - Iowa State University Extension

www.foodsafety.gov - Foodborne Pathogens

Not likely you will get too much for that unless you were actually injured.

There are way too many folks that believe anything in their food would result in a major windfall of cash, monetary damages are not the only item recoverable in a case such as this. Psychological injury is compensable in many situations.

I'm also curious as to why too many people believe AIDS is not transmittable via a bloody bandaid? On top of HIV, there is hepatitis to be concerned with.

Blood is a method of transmission and not knowing how fresh the blood was or any conditions it may or may not have been subjected to, it is definitely among a condition the CDC would recommend using protection when contact is possible.

FYI... The HIV/AIDS virus cannot survive outside of the body for more than a few seconds, minutes at most. Hepatitis, however, is a very resilient virus and could survive on the bandaid.