Boneless wings are often considered a safer, more convenient alternative to traditional wings. However, for Michael Berkheimer, a routine meal of boneless wings turned into a life-altering nightmare. On April 1, 2016, Berkheimer unknowingly ingested a bone while eating boneless wings, leading to severe health complications and an eight-year legal battle that culminated in a controversial Ohio Supreme Court decision.
The Incident That Sparked an Eight-Year Legal Battle
On April 1, 2016, Michael Berkheimer, a 65-year-old resident of Hamilton, Ohio, went to Wings on Brookwood, a restaurant he frequented weekly. He ordered his usual: boneless chicken wings tossed in parmesan garlic sauce. As he was eating, he felt something go down the wrong windpipe. Assuming it was just a piece of food, he went to the bathroom to try to clear his throat.
When he couldn’t get relief, he left the restaurant, but his condition worsened over the next three days. By the third day, he was admitted to the hospital with a high fever. Doctors discovered a 1.3-inch chicken bone lodged in his throat, which had caused a tear in his esophagus, leading to severe infections, two medically induced comas, and a two-month hospital stay. The bone, tightly folded in the meat, had gone unnoticed until it was too late.
The Legal Journey: A Fight for Justice
Berkheimer decided to sue Wings on Brookwood, the restaurant’s food supplier, and the farm where the chicken was processed. The case hinged on whether boneless chicken wings could, in fact, contain bones. This led to a protracted legal battle that lasted eight years and finally reached the Ohio Supreme Court.
In a narrow 4-3 decision, the court ruled that boneless chicken wings can contain bones. This decision was met with shock and disappointment by Berkheimer and his family. They had hoped for a jury trial, where they could present their case and let the public decide. Instead, a judge ruled against them, leaving them without the closure they sought.
The Aftermath: Life After the Boneless Wings Incident
The repercussions of that fateful meal have been severe for Berkheimer. Once an active man who played and coached hockey for over 50 years, he now struggles to leave the house without portable oxygen. He had to retire from his job as a manager at an aeronautical company that repaired plane parts, a job he loved and had dedicated his life to.
The emotional and physical toll has been immense. Berkheimer can no longer engage in physical activities he once enjoyed. The incident has not only robbed him of his health but also his ability to live life to the fullest. His wife, Melissa, has been his pillar of strength throughout this ordeal, though the couple has faced hurtful comments online questioning the validity of their story.
Raising Awareness: A Call to Action
Despite the court’s decision, the Berkheimers are determined to raise awareness about the hidden dangers of boneless chicken wings. Michael and Melissa have received messages from around the world, mostly supportive, but some mean-spirited. They want people to know that this can happen to anyone and hope their story will prompt changes in food safety regulations.
“I just want to be whole again,” Michael said in an emotional statement. “I want the law to be changed, and I want your little kids, the soccer teams, football teams, baseball teams, I want everybody to be safe.”
Conclusion: A Case That Highlights Food Safety Concerns
The story of Michael Berkheimer is a poignant reminder of the unforeseen dangers that can lurk in our food. It’s a call to action for stricter food safety regulations and greater consumer awareness. As the Berkheimers continue to navigate life after this traumatic incident, they hope their story will serve as a cautionary tale and help prevent similar incidents in the future.
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FAQs
1. What was the outcome of the court case?
The Ohio Supreme Court ruled in a 4-3 decision that boneless chicken wings can contain bones.
2. How did the bone get lodged in Michael Berkheimer’s throat?
The bone was tightly folded in the meat, making it difficult to detect. It sprang open once swallowed, causing severe damage.
3. What were the long-term health effects for Michael Berkheimer?
He suffers from lifelong heart and lung problems, requiring portable oxygen and limiting his physical activities.
4. What do the Berkheimers hope to achieve by sharing their story?
They aim to raise awareness about food safety and push for changes in regulations to prevent similar incidents.
5. How has the public reacted to Michael Berkheimer’s story?
While most responses have been supportive, there have been some mean-spirited comments questioning the validity of their story.
