Dairy Allergy Death in Minnesota

Started by Macabre, March 11, 2015, 10:01:14 AM

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Macabre

http://minnesota.cbslocal.com/2015/03/10/milk-allergy-death-of-16-year-old-leads-to-lawsuit/

http://www.lptv.org/following-sons-death-family-speaks-out-about-danger-of-food-allergies/

This happened last summer, but I didn't know about it until today.  The family is filing a lawsuit.

I am not clear whether the restaurant actually brought pancakes that were cross contaminated with dairy from the griddle or if they brought him the wrong  pancakes made with dairy. 

But this is awful.  :'(  What a terrible tragedy for this family and this child's friends. 
Me: Sesame, shellfish, chamomile, sage
DS: Peanuts

ninjaroll

Speaking to the legal action, because it's not the first of its type and there is the P.F. Chang's GF ADA case ongoing, it would really be in the best interest of public health to start a thorough disambiguation of food allergy from intolerance

I'm going to point a big ole' finger at the Chang's case Title III reasonable accommodations.  Chang's, as well as others in food industry who undergo the gluten free 'certification' process, use of certification goes beyond a reasonable accommodation into a guarantee by investing in a system dedicated to eliminate cross contact from that one protein fraction of one allergen.  Chang's also knows that for the most part they are catering to either diagnosed celiac or self-diagnosed lifestylers. Either way they are unlikely to kill anyone during that one visit over gluten so the liability of the investment towards gluten elimination is really minimal. 

I pass by no less than three mom and pop pizza joints offering gluten free pizzas that I know no person with actual celiac would consider because they know the level of cross contact there is going to do serious damage to them.  Yet these restaurants do not and will not face huge liability risk over gluten. 

Food allergy gets reasonable accommodations in food industry unless we find a product whose manufacturers have dedicated facilities and/or testing to monitor quality control over that contamination or contact.  Even then a manufactured product may undergo a rigorous system to ensure it's most likely nut free (or milk, or egg, etc.) but restaurant food service can't do that on the fly in real time.  Food allergy will not get a certified guarantee in food service regardless.

No comment on this particular incident.  My condolences to the family.

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