Back in 2010, an Army sergeant in Hawaii was chowing down on food bought from an on-base Burger King when he claims he chomped into some needles that were definitely not on the nutritional info for the sandwich. Now, after years of negotiating a settlement have proved fruitless, he’s suing both the fast food chain and the Army and Air Force Exchange that sold him the burger.

According to the AP, the now-former soldier not only got pricked in the tongue by a needle from his Triple Stacker sandwich, but that he later required hospitalization after a needle became lodged in his small intestine.

Burger King is pointing the finger at the government, as the Exchange operates the BK in question.

Meanwhile, the U.S. Attorney representing the Exchange tried to have the case dismissed, arguing that the plaintiff can’t sue because he suffered these injuries during the course of military service.

But the judge in the case brushed that argument aside, pointing out that the plaintiff was actually home sick that day; all he did was eat some BK that his wife had purchased for him.

“Eating a Burger King Triple Whopper (equally available to the military or general public) while at home on a sick day does not implicate military command or discipline,” wrote the judge.

“Him going to war in Iraq has nothing to do with him going to Burger King,” the plaintiff’s wife explains to the AP. She says she’s “disgusted” that they could not reach a settlement on the matter.

“I think we’re more irritated than anything,” she says. “We’re not in Hawaii, so now we have to spend even more money to fly to Hawaii to have a trial when everyone agrees someone screwed up.”

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