Diner is suing McDonald's over slice of cheese that he claims nearly killed him - but admits he still eats there

A 28-year-old diner has sued McDonald's over an errant slice of cheese in his Big Mac that he claims nearly killed him.

Charles Olsen, who has a severe milk allergy, said he placed his 'usual' order at the Manhattan restaurant that included 'no American cheese' on his burger.

He said that nothing was unusual about the Door Dash order when it arrived until he bit into the burger, and immediately knew something was wrong and started having an anaphylactic reaction.

'When I felt my throat close up and it became difficult to breath, I actually thought I might not make it,' he told The New York Post. 

Olsen, who was with his girlfriend, Alexandra DiBenedetto, during the February 2021 ordeal, feared that if they waited for an ambulance it may be too late, so they jumped into an Uber and went straight to the emergency room. 

He said he was moments away from being intubated, but the life-saving drug cocktail of epinephrine, steroids and Benadryl saved him. 

Earlier this month, Olsen, of Rockland County, NY, filed a lawsuit against McDonald's. His lawyer Jory Lange, told DailyMail.com that they are at the beginning stages of litigation.

Pictured: Charles Olsen, 28, who has a severe milk allergy, said he placed his 'usual' order at McDonald's that included 'no American cheese' on his burger

A screen shot of the February 2021 McDonald's order that was placed where Olsen indicates 'no American cheese' on his Big Mac, that is featured in the court documens 

A photo of Mickey D's burger loaded with toppings and a sesame bun 

The McDonald's at 355 Eighth Avenue where the order was placed has since closed, Lange said. 

In the lawsuit, obtained by DailyMail.com, a copy of Olsen's order is shown which includes the $9.08 Big Mac Meal he place, which includes a Sprite, a medium french fries and the burger with 'no cheese.' 

The McDonald's aficionado said that his order was one of dozens he has placed prior to the terrifying incident. 

The lawsuit states that he 'assumed it was like every other time I had eaten there before,' until he got very sick. 

'His throat began to itch and swell. He felt a burning sensation throughout his body,' as per the complaint. 'He looked at his girlfriend, Alexandra, and coughed, "There's milk in this!"'

The suit further alleges that Olsen was struggling to breathe and his body broke out in hives. 

His girlfriend said watching her boyfriend's severe reaction was 'absolutely awful,' as per the Post.

'It just kept getting scarier as the reaction progressed,' she said. 

According to the lawsuit, Olsen said that he wanted to hold restaurants responsible for the ingredients they put in their meals.  

He claims that McDonalds gave had no allergy or cross-contamination warning when the order was place, as per the suit. 

'I've had to go through my entire life having to tiptoe around menus, dealing with staff that doesn't know how to handle food allergies, and so on,' he said in a statement via his lawyers. 

Olsen's attorney, that specializes in food safety, told DailyMail.com that cases like Olsen's are not uncommon.

He said he represents the families of several people who died after a restaurant served them food with undisclosed allergens.

'Every day, all across the country, restaurant customers are rushed to the emergency room, hospitalized, or worse after restaurants serve them food with undisclosed allergens.'

Lange added:  'Thank goodness that Charles survived. This traumatic event could have become a terrible tragedy.'

McDonald's declined to comment when DailyMail.com reached out for a statement, but said the owner of the franchise was taking Olsen's claims 'seriously,' as per The Post.

'Allergies should be such a simple thing to be able to cater to as an establishment. There's no reason why it can't be clearly listed, options aren't included when making an order to indicate allergies, and the staff properly trained to handle such a simple thing.

'There has been progress made thankfully, but it is not enough. No one should have to fear for their health when they're just trying to eat a meal.'

Lange said that restaurants need to better listen to their customers, warning food allergies are a 'life or death issue.'

Despite the suit, Olsen still admits to eating from the fast food chain, but will only order a plain burger. 

But, said, he 'no longer trusts McDonald's to follow any specifics such as not including cheese,' as per the news outlet.

'Now I just order their fries and a plain burger, with nothing on it. Just the patty and bun,' he said. 'I just can't take the risk that it'll happen again.' 

A spokesman for McDonald's said: 'Nothing is more important than the safety of our customers. We take every complaint seriously and are actively reviewing these claims.'