band aid in sandwich

[carmovers]

What is the name of your state (only U.S. law)? NE

Yesterday I attended an Auto Auction, where I rent space as a vendor, I transport cars. Anyway they were having a big "Super Bowl" party and had sandwiches catered in from "Blimpies" . I grabbed a sandwich, added some condiments to it, and took the first bite, where after chewing on it for a while, noticed something that would not chew up, took it out of my mouth and noticed it was a used band aid. I vommited, cried and then found the Manager of the Auction, who called the sandwich shop and informed them of what happened. The person who she spoke to was the owner and admitted making the sandwiches and also losing the band aid..... he admitted it !!!!! I went and had blood test done right away. I have the sandwich and band aid in the freezer.

Do I have a case, and if so based on what and how much $$$$ would I be entitled to. I feel almost like I have been raped or something. Does the fact that he admitted the band aid is his, help me or hurt me in this legal matter. Are they any cases similiar to this where people have been awarded a judgement. I have been in contact with a local Attornery, who said we have a case and has contacted the owner of the sandwich shop. Just looking for some more advice and opinions. Thanks , feeling bad in Nebraska. What is the name of your state (only U.S. law)?

[You Are Guilty]

You know, I was prepared to answer your question, (even though the exact same question that gets asked about 3x every week), but when you compared being raped to finding a band aid in a sandwich, it occurred to me that your obvious mental issues will preclude you from understanding that you have no lawsuit.

[cyjeff]

I agree.

Considering the fact that AIDS cannot be transmitted in the method you are describing, you really have no worry.

To compare it to being raped is simply insulting to rape victims.

You didn't win the lottery.

Your entire damages amount to one sandwich or it's cash value.

[racer72]

Another loser of the Deep Pockets Lottery. Thanks for playing, try again.

[cyjeff]

Wait, I forgot something.

What is the total monetary damages you suffered... including the medical bills?

You did seek immediate medical treatment and had the bandaid tested, right?

[carmovers]

WOW you guys are harsh, and I should have known after reading some of the other posts, this would be the way it was. Having a bloody band aid in your mouth, by no choice of your own, is how much different from having an unwanted penis in your mouth ???? It is a violation of my well being !!!! Plus there are other diseases besides AIDS to worry about !!!!

I also like the way you make it sound like this is just another "band aid" in the mouth case here. The guy who owns the store admitted it was his**************so I'm not out just looking to sue someone !!!!!

What costs have I incurred.....blood testing..... lab testing on the band aid, time lost at my job the day this happened, because I was so upset and what cost do you put on someone wondering if they have caught an infectious disease ?????

Sorry if I sound mental, who knows maybe I'am, and this band aid thing just pushed me over the edge ??????

[justalayman]

Originally Posted by cyjeff

Your entire damages amount to one sandwich or it's cash value.

while I agree that there are wwwaaaayyyyy too many folks that believe anything in their food would result in a major windfall of cash, monetary damages are not the only item recoverable in a case such as this. Psychological injury is compensable in many situations.

also curious as to why you believe aids is not transmittable via a bloody bandaid? On top of HIV, there is hepatitis to be concerned with.

Blood is a method of transmission and not knowing how fresh the blood was or any conditions it may or may not have been subjected to, it is definately among a condition the CDC would recommend using protection when contact is possible.

[cyjeff]

Originally Posted by justalayman

while I agree that there are wwwaaaayyyyy too many folks that believe anything in their food would result in a major windfall of cash, monetary damages are not the only item recoverable in a case such as this. Psychological injury is compensable in many situations.

Granted... be we aren't talking about being chased by Jason...

I also haven't seen any mention of a psychological exam, have you?

also curious as to why you believe aids is not transmittable via a bloody bandaid? On top of HIV, there is hepatitis to be concerned with.

There are actually a few diseases that could be transmitted.

However, last I checked, there were no known cases of AIDS/HIV being transmitted in this manner... in fact the digestive process would kill any infection UNLESS the OP had an open wound in the mouth.

Blood is a method of transmission and not knowing how fresh the blood was or any conditions it may or may not have been subjected to, it is definately among a condition the CDC would recommend using protection when contact is possible.

Oh, I agree.

Personally, I would be more worried about why the person making the sandwich wasn't wearing gloves....

This just isn't a million dollar case, though...

[CourtClerk]

Originally Posted by carmovers

Having a bloody band aid in your mouth, by no choice of your own, is how much different from having an unwanted penis in your mouth ????

Why don't you go to a rape crisis center and ask a rape victim? Listen to a couple of their stories, THEN answer your own asinine question.

Idiot.

[wyett717]

also curious as to why you believe aids is not transmittable via a bloody bandaid? On top of HIV, there is hepatitis to be concerned with.

The HIV/AIDS virus cannot survive outside of the body for more than a few seconds, minutes at most. Hepatitis, however, is a very resilient virus and could survive on the bandaid.

OP, you have not won the jackpot (or anything) unless you eventually have some serious damages as a result of this (which I don't forsee). Although the person preparing the sandwich should have been wearing gloves to prevent this very thing, there really aren't any illegal circumstances.

AND, as much as dirty bandaids freak me out too, a person can hardly compare this to being raped.

[justalayman]

Originally Posted by wyett717

The HIV/AIDS virus cannot survive outside of the body for more than a few seconds, minutes at most..

Oh really? Would you care to explain how Ryan White was infected then?

[cyjeff]

Originally Posted by justalayman

Oh really? Would you care to explain how Ryan White was infected then?

Via blood transfusion.... not considered "outside the body".

okay, actually via Factor VIII, a blood PRODUCT, but still...

[CourtClerk]

Originally Posted by justalayman

Oh really? Would you care to explain how Ryan White was infected then?

A blood transfusion due to hemophilia, I believe. I see what you're saying, but I think what Wyett was getting at is that HIV does not live for long outside the body when exposed to oxygen, etc., as in a drop of blood on the ground, or on a bandaid.

[wyett717]

A blood transfusion due to hemophilia, I believe. I see what you're saying, but I think what Wyett was getting at is that HIV does not live for long outside the body when exposed to oxygen, etc., as in a drop of blood on the ground, or on a bandaid.

Right on, thank you CC. In a blood transfusion (or any transmittable body fluid), even though it leaves one person's body, it's still alive as long as the fluid maintains a suitable environment. Contact with air is (fortunately) unstable for the virus. It's the same reason you can't get it from toilet seats, sharing cups, shaking hands, etc.

[justalayman]

Originally Posted by wyett717

Right on, thank you CC. In a blood transfusion (or any transmittable body fluid), even though it leaves one person's body, it's still alive as long as the fluid maintains a suitable environment. Contact with air is (fortunately) unstable for the virus. It's the same reason you can't get it from toilet seats, sharing cups, shaking hands, etc.

you might take the time to read the info the CDC provides. They don;t go as far as "you cannot get it from..." as much as they say " there have been no documented cases from..."

If it were as simple as you suggest, there would be no true reason to take precautionary measures when cleaning up bodily fluids. Why do you think it is against the law to spit on an officer and some of those with HIV have been charged with very severe crimes due to the spitting? because it is a concern.

from the CDC:

Open-Mouth Kissing:

Open-mouth kissing is considered a very low-risk activity for the transmission of HIV. However, prolonged open-mouth kissing could damage the mouth or lips and allow HIV to pass from an infected person to a partner and then enter the body through cuts or sores in the mouth. Because of this possible risk, the CDC recommends against open-mouth kissing with an infected partner.

One case suggests that a woman became infected with HIV from her sex partner through exposure to contaminated blood during open-mouth kissing.

Although contact with blood and other body substances can occur in households, transmission of HIV is rare in this setting. A small number of transmission cases have been reported in which a person became infected with HIV as a result of contact with blood or other body secretions from an HIV-infected person in the household

and a couple cases where infection resulted in "handling" an infected person. Exact means of infection have not been determined. As such, while the probability of infection from a blood wetted band aid is not high, I would surely not discount the possibility totally.

[url=http://www.cdc.gov/mmwr/preview/mmwrhtml/00030972.htm]Human Immunodeficiency Virus Transmission in Household Settings -- United States[/url]

and still more:

There have been a number of stories circulating via the Internet and e-mail, about people becoming infected from needles left on cinema seats and in coin return slots. These rumours appear to have no factual basis.

For HIV infection to take place in this way the needle would need to contain infected blood with a high level of infectious virus. If a person was then pricked with an infected needle, they could become infected, but there is still only a 0.4% chance of this happening.

Although discarded needles can transfer blood and blood-borne illnesses such as Hepatitis B, Hepatitis C and HIV, the risk of infection taking place in this way is extremely low.

I would tend to liken the possibility of infection from a blood wetted bandaid coming into contact with a second persons open wound to this type of situation. While the likelyhood is low, even the CDC acknowledges there is some possibility of infection via this action.

If it was such a limited risk, then using dirty needles would be of little concern. The blood on a dirty needle is: 1. exposed to the air 2. extremely minimal.

I will acknowledge the risk to be minimal but definately not non-existant. Due to this, the OP should have HIV testing now and several times in the near future to assure them there was no infection.