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Legal Cases​​

J.D. v. Colonial Williamsburg Incident

A child with severe gluten intolerance was denied permission to bring his homemade gluten-free meal into a restaurant, leading to a lawsuit for discrimination under the ADA. (Post & Schell, P.C.).

Hertfordshire Restaurant Incident UK


A restaurant in Hertfordshire was fined over £11,000 for failing to disclose peanuts in its dishes, violating food safety laws and endangering allergy sufferers​ (SHP Health & Safety News)​ (Anaphylaxis).

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Pret A Manger Incident

 

Natasha Ednan-Laperouse died after consuming a baguette containing sesame seeds, which were not listed on the packaging, leading to a major lawsuit and the enactment of "Natasha's Law" for better food labeling. (Narf).

Disney World Incident

A woman with severe food allergies tragically died after dining at Raglan Road Irish Pub in Disney Springs, despite notifying staff about her allergies. She suffered a fatal anaphylactic reaction after consuming a meal that was allegedly misrepresented as allergy-safe. The lawsuit alleges negligence by the restaurant and Disney for failing to adequately address food safety concerns. (Endures) & (Gold Law)

Medication Errors in Pharmacies

 

Pharmacies often dispense incorrect medications, such as a diabetic patient receiving the wrong medication, leading to severe complications and lawsuits. (KennedyLaw)​.

Patient Transfer Miscommunication

Numerous errors occur during patient transfers between healthcare providers, leading to preventable harm and potential lawsuits. (KQED)​​ (PSNet).

Wrongful Death Lawsuit Over Food Allergy

 

An 11-year-old boy with a severe tree nut allergy died after consuming a cookie that was sold at a grocery store. Despite assurances from the store clerk that the cookie contained no tree nuts, it was later discovered that the cookie contained walnuts. The boy went into anaphylactic shock after eating the cookie, leading to his death despite receiving epinephrine and medical attention. The family filed a wrongful death lawsuit against the store, seeking justice and raising awareness about food allergy labeling and safety. (TerryLaw)

Panera Bread Incident

A child with a peanut allergy was served a grilled cheese sandwich with peanut butter, resulting in an allergic reaction and subsequent lawsuit. (Allergic Living)

Todd Serlin vs. El Torvar Hotel

 

Todd Serlin, who has celiac disease, became ill after consuming French onion soup that was incorrectly assured to be gluten-free at the El Torvar Hotel. He later sued the hotel for negligence. (Post & Schell, P.C.)

Nursing Home Negligence

A $750,000 settlement was awarded after a nursing home resident died due to staff's careless conduct. Proper communication of the resident's medical needs via an informational card could have potentially prevented this negligence. (LawLinq)

Nursing Home Negligence

An 88-year-old assisted living facility resident developed fatal bed sores, resulting in a $2.3 million settlement. A medical card detailing the resident's risk factors and care needs might have alerted staff to provide better preventive care(LawLinq)

General Communication and Patient Safety

Communication failures in healthcare are a significant contributor to medical malpractice cases and patient harm. According to CRICO, the insurer for the Harvard medical community, inadequate communication of clinical information is a major factor in preventable medical errors across various settings, including emergency departments and operating rooms. These breakdowns can lead to serious injuries or death, with healthcare facilities facing substantial financial losses—averaging $4 million annually for a 500-bed facility. CRICO's database of over 350,000 malpractice claims highlights the critical impact of communication failures on patient safety and legal outcomes. (ASAPub)

Nuts on Planes

 

In 2024, Jack Fowler, a Love Island star, suffered a severe allergic reaction on an Emirates flight after being served a meal containing cashews, despite being assured it was nut-free. Fowler's experience, along with his advocacy for better food allergy accommodations, comes at a time when airlines have made efforts to reduce nut exposure but remain limited in their ability to guarantee allergen-free environments, especially with the recent Snickers campaign promoting peanut snacks on planes (The Independent, Mars Inc.). (Allergic Living)

Jason Reid vs. The Bazaar by Jose Andres

 

Jason Reid, who has a severe nut allergy, experienced an allergic reaction after consuming a meal at The Bazaar by Jose Andres in Miami. Despite informing the restaurant multiple times about his allergy, he was served a dish containing nuts and later sued the restaurant for failing to properly train staff. (Post & Schell, P.C.)

Fitness Center Incident

A 40-year-old man with a known pre-existing heart condition experienced cardiac arrest while playing basketball at a health-fitness facility. The man's family sued the fitness center following the incident. In this case, the defense attempted to shift blame to the man's previously-treating cardiologist, arguing that the heart condition was inappropriately treated prior to the incident. (Advocate)

Nursing Home Negligence

A $5.2 million payout in Kentucky for a paraplegic resident who died from an infected bedsore. An informational medical card highlighting the resident's condition and susceptibility to pressure sores could have prompted more vigilant care. (NHAC)

Starbucks Incident

 

In 2019, a man named Max Scher with a severe nut allergy sued Starbucks for $10,000 after he was mistakenly given almond milk instead of soy milk in Portland, Oregon. (Allergic Living)

Fitness Center Incident

A wheelchair-bound quadriplegic who attended a personal training program at a fitness center. The plaintiff had a pre-existing condition (quadriplegia) and made a request to change trainers because he was not comfortable with the trainer's understanding of his condition and autonomic dysreflexia. Despite this communication, the plaintiff was subsequently injured during a kneeling technique exercise. (CPH)

Nursing Home Negligence

A $3.72 million settlement in California for a resident wandering case leading to death. A medical card noting the resident's tendency to wander might have led to increased supervision (NHAC)

Nursing Home Negligence

A $1.5 million settlement in Oklahoma for neglect causing pressure sores. Better communication of the resident's medical needs and mobility issues via a medical card could have potentially prevented this outcome. (NHAC)

General Medical Errors in USA

Medication errors, including improper dosages, wrong administration techniques, or failure to administer prescribed medications, account for 100,000 hospitalizations annually in the United States. (GRG)

General Medical Errors

A survey found that 28% of adults experienced wrong medication dosages, 9% received the wrong medication from a pharmacy, and 18% received the wrong medication from a doctor.  (WilsonLaw)

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