Published
June 8, 2026
If you bought food or a fountain drink at the Paddock Lake, Wisconsin McDonald's this spring, this complaint alleges the restaurant kept serving after worms turned up near its soda machine.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. The restaurant's operator has not been found liable, there is no certified class, and there is nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A proposed class action filed in Kenosha County Circuit Court in Wisconsin accuses the operator of a Paddock Lake McDonald's of continuing to serve fountain drinks to customers even after worms were allegedly discovered near the restaurant's drive-thru beverage station. According to the complaint, the worms were tied to a sewage receptacle beneath the drive-thru soda machine, and staff allegedly became aware of the problem yet kept the machine in service. The suit names McEssy Investment Company, the Illinois-based franchisee that operates the restaurant, along with a shift manager and the operator's insurer. McDonald's Corporation is not named as a defendant.The allegations in the complaint have not been proven, the operator has not been found liable, and the court has not ruled on the merits. The case was filed on May 27, 2026 and remains at an early stage, with a scheduling conference set for October 2026.
Status
Complaint Filed · May 2026
Where
Kenosha County Circuit Court, Wisconsin
Paddock Lake McDonald's · operator McEssy Investment Company
Can I Claim?
No — nothing to claim yet
How the Allegations Came to Light
The dispute traces back to spring 2026, when several customers said they found worms in drinks ordered at the Paddock Lake drive-thru. According to news reporting on the case, at least three customers separately reported the problem to the Kenosha County health authorities beginning in April 2026, and a health inspection followed up on those complaints. The lawsuit builds on those reports, alleging that the contamination stemmed from conditions around the soda machine rather than an isolated incident.What the Lawsuit Claims
The complaint brings claims for negligence and battery. The negligence theory is that the operator failed to maintain safe, sanitary conditions at the beverage station and continued serving drinks despite allegedly knowing about the worms. The battery theory rests on the idea that serving contaminated drinks resulted in harmful or offensive contact with customers who consumed them. The named plaintiffs are a group of customers — including a minor child — who say they bought and, in some cases, drank the affected beverages. Consistent with our editorial policy, we do not publish the individual plaintiffs' names.Who Could Be Affected
As proposed, the class would include customers who purchased food or drinks at the Paddock Lake McDonald's beginning around April 1, 2026 and continuing until the soda machine was repaired. Because no class has been certified, that definition is only a proposal at this point and could be narrowed, expanded, or rejected as the case proceeds. The scope is limited to the single Paddock Lake location and does not extend to other McDonald's restaurants.What the Lawsuit Seeks
The plaintiffs ask the court for monetary damages for affected customers and for an order requiring the operator to fix the conditions that allegedly led to the contamination. As with any newly filed case, whether any money is ever paid depends on how the litigation unfolds — the operator may contest the allegations, the court must decide whether the case can proceed as a class action, and the matter would then move toward either a settlement or a trial.What Happens Next
The case is in its opening phase. A scheduling conference is set for October 21, 2026, after which the court will lay out deadlines for the exchange of information and for briefing on whether the case qualifies for class treatment. There is no claim form and nothing for consumers to file right now. We will update this page as the docket develops.For related coverage, see our reporting on the McDonald's McRib class action and a separate food-quality case, the Costco rotisserie chicken class action.
Frequently Asked Questions
What is the McDonald's worms-in-soda lawsuit about?A proposed class action filed in Kenosha County, Wisconsin alleges that the operator of a Paddock Lake McDonald's kept serving fountain drinks even after worms were allegedly found near a sewage receptacle beneath the drive-thru soda machine. These are unproven allegations.
Which McDonald's location is involved?
The McDonald's in Paddock Lake, Wisconsin, in Kenosha County. The named defendant is the franchise operator, McEssy Investment Company — not McDonald's Corporation.
Who could be part of the proposed class?
As proposed, customers who bought food or drinks at the Paddock Lake location from around April 1, 2026 until the soda machine was repaired. No class has been certified yet.
Is there a settlement or claim form for the McDonald's worms lawsuit?
No. The case was only recently filed and is at the complaint stage. There is no certified class, no settlement, and no claim form.
What does the lawsuit ask for?
It brings claims for negligence and battery and seeks damages for affected customers plus an order requiring the problem to be fixed. A court has not ruled on the merits.
Sources
• FOX6 Milwaukee, "Worms found in Kenosha County McDonald's drinks spark lawsuit"• TMJ4 News, "Customers find worms in their drinks at Paddock Lake McDonald's"
• Kenosha County, Wisconsin Circuit Court records (complaint filed May 27, 2026)
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Status
Complaint Filed · No Class Certified
Defendant
McEssy Investment Company (Paddock Lake McDonald's operator)
Claims
Negligence · Battery
Court
Kenosha County Circuit Court, Wisconsin
Date Filed
May 27, 2026
Next Event
Scheduling conference · October 21, 2026
