Lawsuit: McDonald's on Strip sold hamburger with worker's blood

McDonald's Corp. is being sued in Las Vegas by a man who says he was eating a hamburger when he noticed it was contaminated with the blood of a McDonald's employee.

Clark County residents Douglas and Melinda Henke filed suit Monday in Clark County District Court over the incident on Dec. 12, 2008, at a McDonald's on the Las Vegas Strip at 2896 Las Vegas Boulevard, near Convention Center Drive.

The suit, filed by Las Vegas attorney Patrick Driscoll, says Douglas Henke was eating with his wife when he noticed what appeared to be blood on his hamburger, its wrapper, his water bottle and his serving tray.

The suit says Henke talked to a manager and "upon inspection of the McDonald's employees, one of the employees that handled Douglas's meal was bleeding from an open wound on his hand."

The suit says McDonald's personnel took his tray and threw away the food, and that he contacted the Southern Nevada Health District.

By the time a health district official arrived, the employee who allegedly was bleeding had been sent home -- but the health inspector found a second employee working with an open wound, the suit says.

The suit seeks unspecified damages and asserts various claims including negligence, negligent hiring and training of employees and breach of the implied warranty of merchantability.

"Food intended for human consumption contaminated by human blood does not conform to an ordinary buyer's expectations," the suit charges.

McDonald's Rocky Mountain region marketing supervisor David Martinelli said in a statement that the company hasn't been notified of the lawsuit.

"Rest assured, we take matters regarding food safety and quality extremely seriously and investigate all claims, to gather the facts," according to the statement. "Beyond that, it would be inappropriate to further comment or speculate."

The Southern Nevada Health District had no immediate comment on its reported involvement in the incident.