Day 100 - 09 Mar 95 - Page 19


     
     1        individual case is not investigated, but if (and
     2        I mentioned it earlier) there was more than one in the same
     3        restaurant over a similar period of time, then that would
     4        be investigated.
     5
     6   MS. STEEL:  Those are the criteria for investigations, are they?
     7        A.  Or if someone had been positively diagnosed as having
     8        food poisoning there would be an investigation.
     9
    10   Q.   Is that because that is the law that you have to
    11        investigate it if there are stool samples, for example, or
    12        it is recorded?
    13        A.  Yes, legally we would have to investigate that.
    14
    15   MR. JUSTICE BELL:  Are you staying with that incident or moving
    16        on?
    17
    18   MS. STEEL:  I was going to move on actually.
    19
    20   MR. JUSTICE BELL:  We will have our five-minute break.
    21
    22                       (Short Adjournment)
    23
    24   MS. STEEL:  Just while we have this file open you seem to
    25        indicate yesterday that you did not really think it was
    26        possible that Mr. Shaun Lynch could really have had a three
    27        inch worm in his burger?
    28        A.  Live worm?
    29
    30   Q.   A live worm.
    31        A.  Yes.
    32
    33   Q.   If you could turn to tab 33, please, in the same volume?
    34        A.  Yes.
    35
    36   MR. JUSTICE BELL:  It might be just worth mentioning that I have
    37        actually looked at the Death certificate which is attached
    38        to that solicitor's letter.  The cause of death (and only
    39        one cause is given) is Acute Staphylococcal Endocarditis
    40        which is an infection of the heart itself.  It
    41        says Tricuspidvalve.  So, it was damaged through a heart
    42        valve as a result of a Staphylococcal infection.
    43
    44   MS. STEEL:   This is a letter from McDonald's Head Office to
    45        Mr. Lynch dated 28th November 1988.
    46        A.  Yes, I have that.
    47
    48   Q.   The fourth paragraph says:  "We have now received a full
    49        report from our lettuce suppliers regarding your
    50        complaint.  Our suppliers suspect that the worm may have 
    51        been concealed in the lettuce heads while on their 
    52        premises.  However, they have emphasised that their strict 
    53        inspection systems make such an occurrence extremely
    54        unlikely".  So the suppliers have accepted that it is
    55        possible that the three inch live worm could have come in
    56        the lettuce?
    57        A.  Is that a question?
    58
    59   Q.   That is correct, is it not?
    60        A.  I cannot really comment.  I was not involved in this.

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