Disney Faces Wrongful Death After New York Surgeon Dies of Food Allergy

Disney and a local restaurant are facing a wrongful death lawsuit filed by the husband of a New York surgeon who died after she dined at the Florida restaurant last year, according to a 19-page lawsuit filed in Orange County, Florida on February 22.

According to the lawsuit, the decedent ate dinner at Raglan Road Irish Pub on October 5 last year with her husband and his mother. The doctor had a severe allergy to nuts and dairy products and informed the waiter that she required “allergen-free” food.

The plaintiffs contend that they questioned the waiter about various items on the menu. The waiter responded by asking the chef whether or not certain foods could be made allergen-free. The waiter responded that the chef could indeed prepare foods that were allergen-free. The couple asked the waiter several more times to ensure that he was absolutely sure that the food would be allergen-free when served.

The doctor ordered a fritter, scallops, and onion rings, according to the lawsuit. When the food arrived, some of the items did not contain “allergen-free flags” which prompted the couple to ask the waiter yet again whether or not the food was allergen-free. According to the lawsuit, the waiter “guaranteed” that the food was allergen-free.

After finishing dinner, the doctor and her mother-in-law went shopping separately at Disney Springs while her husband returned to the hotel room with their leftover food. About 45 minutes later, the doctor began having difficulty breathing. She collapsed on the floor at Planet Hollywood. She attempted to self-administer an Epi-pen as she recognized she was having an allergic reaction.

At this point, the doctor’s mother-in-law began calling her to meet back up. However, all of her calls went to voicemail. Her mother-in-law returned to the hotel and tried calling the doctor’s phone again. This time, someone else answered and told the mother-in-law that the doctor had been taken to the hospital. Despite administering the Epi-pen, the doctor died. A medical examiner concluded that the doctor died due to anaphylaxis related to elevated levels of dairy and nuts in her system.

Elements of negligence 

The plaintiffs accuse the defendants of serving non-allergen-free food despite repeated requests to ensure the food was allergen-free. In this case, both the wait staff and the kitchen were allegedly on notice that the plaintiff had a severe allergy to nuts and dairy. Despite repeatedly beseeching the waiter to ensure the food was allergen-free, the kitchen somehow served the plaintiff food that killed her.

In many cases, such lawsuits are difficult to prove. The restaurant can claim that the woman’s death was not the result of their food at all, but some other food that she ate. However, the plaintiffs have leftovers and these can be examined by labs to determine the nut and dairy content of the food. This will be a difficult case for the defense.

Talk to a Tampa, FL Personal Injury Lawyer Today 

Florin Gray Bouzas Owens, LLC represents the interests of Tampa residents who have been injured due to negligence. Our Tampa personal injury lawyers are here to assist you and ensure that you are justly compensated when injured by a negligent party. Call our office today to schedule a free consultation and learn more about how we can help.

Source:

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