Family Sues Disney After Doctor Dies Due To Food Allergy

The husband of a New York doctor has filed a wrongful death lawsuit against Disney Springs restaurant because the doctor died after eating at their establishment, according to a 19-page lawsuit filed in Orange County, Florida on February 22.

According to the lawsuit, the doctor had dinner at a pub on October 5, 2023 with her husband and mother. The doctor had a severe allergy to nuts and dairy products and told the waiter that she required “allergen-free” food. The plaintiffs contend they questioned the waiter about various items on the menu. The waiter reportedly asked the chef “whether certain foods could be made allergen-free” before the waiter returned to the table and indicated that they could. The couple quizzed the waiter repeatedly and he confirmed that the food could be made to be allergen-free. Eventually, the doctor ordered a fritter, scallops, and onion rings, according to the lawsuit.

When the food arrived, the plaintiffs say that some of the items did not contain “allergen-free flags” which prompted the couple to ask the waiter if the items were both nut and dairy-free. The plaintiffs contend that the waiter “guaranteed” that the food was allergen-free.

Shortly after finishing dinner, the doctor went shopping with her mother-in-law at separate locations while her husband returned to their hotel room with the leftover food. About 45 minutes later, the doctor began having difficulty breathing and collapsed on the floor at Planet Hollywood. She self-administered an epi-pen, recognizing that she was having an allergic reaction. The mother-in-law, in an effort to meet back up with the doctor, called her phone, but her calls went unanswered. The mother-in-law headed back to the hotel room where she called the doctor again. This time, someone else answered and reported that the doctor had been taken to the hospital.

While at the hospital, the doctor lost her life. A medical examiner ruled the cause of death “anaphylaxis due to elevated levels of dairy and nuts in her system,” according to the lawsuit.

Elements of negligence 

When a customer informs a waiter that they have a food allergy, the waiter must relay that information to the kitchen, and the kitchen must ensure that the food is prepared without the allergen. In this case, the plaintiffs will allege that they were more than diligent when it came to informing the wait staff about the allergy. They claim the wait staff “guaranteed” the food was allergen-free. Shortly after consuming the food, the decedent had an allergic reaction and died as a result of the allergic reaction.

The restaurant can claim that their food wasn’t the source of the allergen, but the plaintiffs took leftovers back to their hotel room. So, there’s a good chance that they still have some of the food that was served to them. This case is likely to be won by the plaintiffs.

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Source:

theguardian.com/us-news/2024/feb/27/disney-food-allergy-death-lawsuit