A US man who claimed he bit into a Burger King sandwich and found an unwrapped condom has settled his lawsuit out of court, his lawyer said today.

Devin McLaughlin said details of the settlement of the 2007 lawsuit would not be disclosed.

In 2007, Van Miguel Hartless sued the owners of the Burger King in Rutland, Vermont, Carrols Corp. of Syracuse, New York, 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.

Hartless and the company asked a court to dismiss the case.

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