McDonald’s: Court ruling, science and mystery

A Brazilian court has recently ordered McDonald’s to pay its obese employee, a 32 year old man, $17,500 because the latter gained 65 pounds on account of fast food related diet while working with McDonald’s – – according to a report of 28 October 2010 of The Associated Press. McDonalds is reportedly yet to decide on its legal options.

A brief analysis of the report against the backdrop of contemporary medical, non-medical and other parameters would reveal inter alia: one, certain things are not clear; and two, a paucity of things – other than that described in the report – that had led the Brazilian court to give the ruling. A few of above things have been presented below – not in the order of priority and importance but they are relative to time, space and other variables.

I. It is not clear from the report as to whether or not the employee had signed an employment contract at the time of hiring his service by McDonald’s and whether or not the contract, as applicable, was renewed from time to time during the life time of employee’s work with McDonald’s – – all, according to and among other things, mutual consents and agreements between or among or as applicable all concerned parties including the employee in the absence of any undue pressure from say McDonald’s side and with the total acceptance of job description (JD) plus consequences plus implications plus ramifications plus other things associated with the JD and liabilities thereof on the part of all concerned, by all concerned.

II. It is not clear from the report as to whether or not the employee underwent pre-placement medical examinations and cleared medically by registered medical practitioner-s prior to his placement at McDonald’s and whether or not he was subjected to periodic medical examinations thereafter – over the years he reportedly worked for McDonald’s.

III. It is not clear from the report as to whether or not the employee raised any issue concerning weight gain or weight loss or otherwise as applicable with McDonald’s as a result of alleged food testing by him – – if yes, when, how and to whom, if no, why? How about the medical history of above employee during the entire period of employment with McDonald’s?

IV. It is not clear from the report as to whether or not McDonald’s had interfered with the employee’s right to life by for example not allowing him to eat McDonald’s food as per for example the employment contract, as applicable though.

V. It is not clear from the report the employee’s genetic make up. For example activities of thrifty genes are linked to producing hormones that can raise the level of a person’s food related wants – making her or him eventually fat. Interesting though, it takes place, despite the presence of hi-efficiency fuel burning capacities in above person’s human systems. Further, diabetic genes play roles similar to thrifty genes but they are slow when it comes to digesting sugar – I mean insulin resistance. It will not be out of place to mention here a certain percentage points of type II diabetics have never found to be fat. The pancreas is not dead in type II diabetes. It is not clear from the report as to what extent and how the employee’s genetic make up are responsible for the reported weight gain.

In a broader sense, it is not clear – what kind of role Gene mechanics – one of my present day brain children – has been playing within the employee’s human system through human development processes, used in medical, non-medical and other senses, before his birth, after his birth and thereafter so far.

VI. It is not clear from the report as to whether or not outcomes of physical damage – intentional or otherwise, as applicable – caused to the body of above employee are associated with his gaining weight. I am telling it here because – pituitary damage, as a result of for example anesthesia, can cause ‘never’ ending appetite in say human systems.

The removal of tonsils – tonsillectomy, not very common now-a-days, though – has a kind of relationship with obesity because fat cells are associated with for example human immune systems and the human body begins to compensate the loss of tonsils – tonsils are the largest lymph nodes and key components of the immune system – with the help of fat cells.

Outcomes from damage of thyroid glands – a kind of regulator of metabolism – could inter alia be instrumental in promoting obesity to an extent against the backdrop of facts such as and as appropriate – certain thyroid medications could cause a 10-20 pound weight loss.

VII. It is not clear from the report as to whether or not factors such as and as appropriate: stress; medication (other than that mentioned above); food choice related insufficiency; eating food for recreation; sedentary life style; and addictive eating – – have contributed, whether directly or otherwise, to the weight gain of above employee within and beyond for example his work with McDonalds.

VIII. It is not clear from the report as to the societal standing of above employee in terms of for instance and as appropriate – quality of living including poverty level and impacts of extended family systems on the employee’s affordability in pertinent areas. It is not clear from the report as to whether or not the employee was inter alia a case of chronic dieting on account of a variety of reasons at the time of for example joining McDonalds. It will not be out of place to mention here chronic dieting by people increases appetite and weakens immune systems, to mention a few.

IX. It is not clear as to whether or not outcomes from apparent relationships between serum sex hormones and men with obesity have something to do with the reported gain of weight by above employee.

X. It is not clear from the report as to whether or not the employee had followed, in a proper manner, for example doctor-s’ advice pertaining to say his weight conditions.

XI. It is not clear from the report as to whether or not the employee was and is a victim of obesity on account of ethnic disparity. In that respect, it will not be out of place to mention here: there exist relationships between obesity and plasma insulin-like growth factors against the backdrop of ethnicity. In that respect, findings of studies of whites, Latinos, Japanese and others are among examples of relationships mentioned above.

In the final analysis, it can be said inter alia: the demand, as appropriate, on the part of McDonald’s for proper and convincing answers to above and other related questions could influence inter alia the demand for pursuing by it legal options on the ruling by Brazilian court. I believe it should be a matter of principle for McDonald’s to investigate into the matter of obesity linked to its food items (as applicable) with a view to inter alia reducing chances of litigation in pertinent areas in future.

In respect of above, I believe the growth of medical science, as well as other branches of knowledge is, in a sense, proportional to for example the growth of knowledge of effects, side effects and other effects of McDonald’s products and vice versa. I also believe there is scope for excusable ignorance – when something is done in say good faith, in a genuinely unknowingly manner, and with assurances of non-recurrence in future within reasonable human limits, to mention a few – in the domain of ignorance is no excuse.

The last word: McDonald’s should fight the case in superior courts provided that the corporation could withstand its (the case’s) thrusts in financial, non-financial, market politics and other terms and that the corporation wishes to protect, preserve and promote the future of its principles and products in an increasingly uncertain, as well as competitive universe. McDonald’s should be more innovative and inventive in pursuits of say providing cheaper and safer food to people of the world through the future. How about opening McDonald’s in Bangladesh and affording, among others, poverty and hunger stricken people therein opportunities for say accessing a variety of McDonald’s products in not too distant a future. By the way, I have been a great fan of McDonald’s and McDonald’s food for a relatively long period of time. Let truth behind the truth prevail. God bless.