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Food Allergy Cross-Contamination Lawsuit -12 Year Old Boy Dies From Peanut Allergy After Eating Takeout


Posted on Apr 07, 2014

Due to increasing food allergies many Americans have, there have been more food allergy lawsuits across the country due to restaurants or public establishments’ negligent serving or handling of food.  Some injured victims are fortunate to have survived the life-threatening allergic reactions. Others are not so lucky, and in those cases, lawsuits are filed by their family members.  This is what a mother of a 12 year boy did last year after her son died from a peanut allergy after eating takeout.  Source: www.peanutallergy.com (Boy, 12, dies after takeout triggers peanut allergy)

Last October, a 12 year old boy and his mother ordered take out from a local Indian restaurant.    When ordering, the mother specifically asked if the dish contained any peanuts.  The restaurant told the mother that the dish did not contain any peanuts.  Minutes after eating, the boy told his mother that he couldn’t breathe.  The mother gave the boy his inhaler, but it unfortunately did not alleviate his symptoms.  The mother called 911 and began performing CPR when her son stopped breathing.  The boy was pronounced dead at the hospital. 

Even though the meal was not supposed to have any peanut ingredients, there unfortunately were some. This is likely due to cross-contamination of foods.  The owner of the restaurant said to a local newspaper that although they do their best to make sure that spoons and woks are clean to prevent cross-contamination, there is always a risk. 

Clearly, doing “their best” is not enough.  Restaurants have to know the serious and fatal consequences of improper handling or serving of food that a customer is allergic to.  The owner said that they do their best to make sure spoons and woks are clean to prevent cross-contamination; however, there are other proper ways cross-contamination could have been prevented.  Perhaps there should have been designated spoons and pots for different dishes.  A designated set of cooking utensils/cookware for dishes with peanuts in them, and another designated set for dishes with other dishes that do not contain peanuts.  It simply is not enough to wash cooking utensil and cookware because a customer with a severe food allergy to peanuts may have a fatal allergic reaction only consuming a small trace of peanuts.

Related Food Allergy Blog: Schools and Restaurants Need To Address Mistaken Food Allergen Ingestion For Students and Customers With Food Allergies

Help Filing A Food Allergy Lawsuit Due To Cross-Contamination

If you and your family have suffered due to negligent serving or handling of food at a restaurant, you may want to explore your legal rights.  You may be entitled to monetary damages.  Call a personal injury lawyer who can help you through the process.  Daniel J. O’Brien and his team have helped many individuals who were injured due to someone else’s negligence.  Call 877.944.8396 to schedule a FREE initial consultation.

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