NYU doctor dies after dining at Disney World restaurant where waitstaff insisted food was allergen-free: lawsuit

[meanwoodwhite]

As someone with food issues and celiac, I would never eat out at any restaurant if my risk of cross contamination or poor oversight and being served my allergen meant I would have a reaction so severe it could lead to my death. Most with allergies know what their reactions to being exposed to their allergen will trigger. If she has had anaphylaxis or a severe reaction previously (hence the epi pen), why would you risk eating out where you have zero control of what is being served to you. Yes, Disney and other restaurants try and do a decent job of preparing food for those with allergies, but its only as good as who is in the kitchen and follows or is trained in allergen protocol. Unless it's a whole food, it is difficult to trust packaging ingredients too anymore, as they get mis-labeled or do not note that the allergen could be present based on what else is made in the same factory. It is very sad that she lost her life, its hard to travel and have a food allergy, let alone one so severe.

I hate to victim blame, but I have always thought this when this type of tragedy happens.

If you have a life threatening allergy, I would not put my life in other people's hands like that. They are only servers on $15 who are very busy and overworked and are prone to make mistakes in high pressure situations and realistically have very little experience with serious allergies.

Over in the UK we had a couple of lady's die of mislabled prepacked sandwiches, again you are putting your life in the hands of low paid, overworked, low motivated factory workers. No offence to the staff I have done this type of work I know what it is like.

 

[gmi3804]

Seeking damages in excess of $50,000? That's it?

 

[Marrila]

Seeking damages in excess of $50,000? That's it?

In excess could be as much as many millions.

 

[gmi3804]

In excess could be as much as many millions.

Then why throw out a number like 50,000?

 

[honeymo78]

Then why throw out a number like 50,000?

The amout in controversy (over or under a certain number) determines which court the case ends up in. If they were looking for less than $50,000 (but more than $8,000 which is small claims), the case would be in the County Civil Court. Since the complaint seeks more than $50,000 in damages, it goes to Circuit Civil Court. Often, cases seeking under $50,000 are subject to mandatory mediation rather than a a jury trial.