Consumers cannot expect boneless chicken wings to actually be free of bones, a divided Ohio Supreme Court ruled Thursday, rejecting claims by a restaurant patron who suffered serious medical complications from getting a bone stuck in his throat.
Michael Berkheimer was dining with his wife and friends at a wing joint in Hamilton, Ohio, and had ordered the usual — boneless wings with parmesan garlic sauce — when he felt a bite-size piece of meat go down the wrong way. Three days later, feverish and unable to keep food down, Berkeimer went to the emergency room, where a doctor discovered a long, thin bone that had torn his esophagus and caused an infection.
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In a 4-3 ruling, the Supreme Court said Thursday that “boneless wings” refers to a cooking style, and that Berkheimer should’ve been on guard against bones since it’s common knowledge that chickens have bones. The high court sided with lower courts that had dismissed Berkheimer’s suit.
I don’t know what the boneless tender machine looks like, but no process is 100% effective, so it’s entirely possible for a bit of bone to make it through. Usually, that’s acceptable, because you find it while chewing and remove it. In this case, it was a dangerously-shaped piece of bone, and it ended up in his respiratory system and caused significant illness.
Honestly, I’m not sure that he has a case, since it really is acceptable for some bone to be present. That it ended up poorly for him isn’t really the company’s fault.
In an ideal system, his medical costs would be covered by universal healthcare, and he wouldn’t have to worry about paying bills or losing his job while out sick through no fault of his own. He shouldn’t need to sue for those costs. (And if he’s just looking for a payday lawsuit, then fuck that guy and his lawyer.)
The bone was nearly 1.5 inches long. It wasn’t just a bit of bone. It was basically the size of some bone-in wings.