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Man sues Burger King over needles in Whopper

Updated: Saturday, 13 Feb 2010, 10:32 PM EST
Published : Sunday, 14 Feb 2010, 6:32 AM EST

NEW BEDFORD, Mass. (FOX25, myfoxboston) - A local man claims he went to Burger King for dinner and ended up in the hospital.

That New Bedford man is now suing after he allegedly bit into a metal needle in the middle of his Double Whopper.

“I spit everything on top of the burger and I saw another piece. I say, ‘Hey, they got metal in there,’” said Oscar Chaves.

Chaves says he’s lucky it didn’t kill him.

Last December, Chaves went to the Burger King around the corner from his house on Tarkiln Road for dinner with his son in law.

He was only a few bites into a Double Whopper when he allegedly bit right into a needle planted in the middle of his burger.

“I start to eat. I get about two bites and the third bite I feel something go thru my throat. I say, ‘Steve, something go through my throat.’ He says, ‘Could be a piece of lettuce, you know how they make it.’ I say, ‘Yeah, but it hurt so much,” said Chaves.

He was rushed to the hospital and doctors removed a two inch needle from his tongue.

X-rays revealed damage to his esophagus and metal in his stomach.

Chaves tells us he missed days of work. His face was swollen for eight weeks, and he had to undergo testing for up to six months afterward.

“You get scared, you know, for the last six months I was really scared,” said Chaves.

After the incident, Chaves called Burger King to ask them to pick up the more than $15,000 in medical bills that he accrued. He says someone told him that they'd get back to him in two days. That was more than a year ago, and he's still waiting.

In a letter dated December 30th, Burger King apologized for the unpleasant experience, and asked for their needle back, but Chaves referred them to his lawyer.

This experience has now soured him on fast food for good.

Burger King did not return our calls for comment.

Chaves says their insurance agency AIG reached out to him offering a $5,000 settlement.

He tells us he declined.

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