Day 069 - 19 Dec 94 - Page 07

     
     1        consumer and obtained photograph of the bone.  The consumer
     2        wanted to keep the bone, which measured approximately -- is
     3        that one and a quarter inches?
     4        A.  That is correct.
     5
     6   Q.   "...and remainder of the sandwich." The consumer, or rather
     7        perhaps the consumer's husband or father, went on to say
     8        that his wife -- it must be the husband -- choked while he
     9        was driving. "Contact was also made with Dr. Erich Hemphill
    10        Emergency Programs, who did not assign a case number to
    11        this complaint."
    12
    13        Do you know what that means?  Are you able to say why he
    14        did not assign a case number to the complaint?
    15        A.  Can you repeat the last question?
    16
    17   Q.   It says at the end that Dr. Erich Hemphill of Emergency
    18        Programs did not assign a case number to the complaint.  Do
    19        you know what that process is, or what that sentence means?
    20        A.  Yes.  That means it does not need any follow-up; no
         irregularities are found, or there is not enough evidence
    22        to pursue the case.
    23
    24   Q.   I am going to go into that in a moment but, given that the
    25        Emergency Programs person, Dr. Hemphill, declined to assign
    26        a case number to the complaint, is this nevertheless
    27        something that McDonald's would take seriously?
    28        A.  Absolutely.
    29
    30   Q.   Then it goes on:  "On December 21st, 1993, compliance
    31        officer Velma Campbell conducted a review at McDonald's
    32        restaurant and contacted Ms. Lynette Becker, Supervisor,
    33        who stated that she had received no other complaints
    34        concerning this product.  On 23rd December 1993 CO Campbell
    35        contacted Mr. Ernie Brydonejack, Concord Environmental
    36        Health Inspector, who stated he had conducted a review at
    37        McDonald's based on the complaint and found no
    38        irregularities.  On 27th December, telephonically contacted
    39        Dr. Alfred Bush, Acting Area Supervisor, Baton Rouge, LA,
    40        informing him of the complaint.  No other action to be
         taken."
    42
    43        Do you know, Dr. Gomez Gonzalez, enough about the
    44        procedures in these cases that if the Environmental Health
    45        Authorities (if that is what they are) had been
    46        sufficiently impressed by this complaint they would have
    47        taken it further, either with McDonald's or with Tysons?
    48        A.  That is correct.
    49
    50   MR. RAMPTON:   Can we please pass to the next one? 
    51 
    52   MR. JUSTICE BELL:  Mr. Rampton, I noticed that Dr. Hemphill is 
    53        Emergency Programmes, and of course I heard Dr. Gomez
    54        Gonzalez' answer:  it was followed up to some extent.  It
    55        does occur to me that that might mean that it was not
    56        thought to warrant any emergency action, as may no doubt
    57        occur from time to time if there is a complaint about food,
    58        food poisoning, and that sort of thing.
    59
    60   MR. RAMPTON:  Certainly, yes.