Aalbert J. Marro  /  AP
In this Dec. 6, 2007 file photo, Van Miguel Hartless looks at the Burger King sandwich he claims contained an unwrapped condom in it.
updated 10/15/2010 11:43:50 AM ET 2010-10-15T15:43:50

The lawyer for a Vermont man who claimed he bit into a Burger King sandwich and found an unwrapped condom says his lawsuit's been settled out of court.

Attorney Devin McLaughlin said Friday details of the settlement of the 2007 lawsuit are confidential and won't be disclosed.

In 2007, Van Miguel Hartless sued the owners of the Rutland Burger King, Carrols Corp. of Syracuse, N.Y., which denied the claim and filed a countersuit.

At the time, Hartless claimed his experience after biting into the Southwestern Whopper caused him "sustained pain and suffering, vomiting, nightmares, mental and emotional distress" and medical expenses. He couldn't be reached for comment Friday.

The Rutland Herald, which first reported the settlement, says Hartless and the company asked a court Oct. 6 to dismiss the case.

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