Doctor Dies From Allergic Reaction After Raglan Road Meal at Disney Springs

[NYCgrrl]

Sure, a doctor, someone who really understands the danger of eating contaminated food, would just eat anything and have no idea what they are eating, right?

Not following this story closely (Okay we got NYPost reporting and well heeled clients on both sides of the case) but are there allegations of contaminated food as well as allergies within the legal docs? If so, whoever is being sued has a very high threshold to overcome.

 

[mkatsy]

Not following this story closely (Okay we got NYPost reporting and well heeled clients on both sides of the case) but are there allegations of contaminated food as well as allergies within the legal docs? If so, whoever is being sued has a very high threshold to overcome.

No, no allegations of bacterial contamination. She had a catastrophic immune response to multiple antigens.

 

[DeeBee3]

Very sad for family that waiter didn’t comprehend seriousness of situation.

My opinion only….just a matter of time that Disney is done making accommodations for allergies and it is all “dine at your own risk”

Honestly, it's already like that to a degree. We are a family with life-threatening allergies and all menus, even on the "allergy menu," assume a level of risk. I will say we think Disney does a great job in the many times we have been there.

The main thing for me in this whole news story is Raglan Road is not a Disney restaurant and has had previous issues with food allergies. It's one of the places we specifically avoid. We have known this for a few years. We also don't wander over to DS to eat. It's just how we handle things. Even in Epcot, there are restaurants not managed by Disney.

 

[mkatsy]

Honestly, it's already like that to a degree. We are a family with life-threatening allergies and all menus, even on the "allergy menu," assume a level of risk. I will say we think Disney does a great job in the many times we have been there.

The main thing for me in this whole news story is Raglan Road is not a Disney restaurant and has had previous issues with food allergies. It's one of the places we specifically avoid. We have known this for a few years. We also don't wander over to DS to eat. It's just how we handle things. Even in Epcot, there are restaurants not managed by Disney.

Many allergy families will take the boat over to Old Key West and eat at Olivia’s or that steak house at Saratoga Springs. Sometimes you end up at DS if you are waiting on a flight etc. As you know, managing life threatening food allergies is work, and you don’t get a day off.

 

[TheDailyMoo]

Honestly, it's already like that to a degree. We are a family with life-threatening allergies and all menus, even on the "allergy menu," assume a level of risk. I will say we think Disney does a great job in the many times we have been there.

The main thing for me in this whole news story is Raglan Road is not a Disney restaurant and has had previous issues with food allergies. It's one of the places we specifically avoid. We have known this for a few years. We also don't wander over to DS to eat. It's just how we handle things. Even in Epcot, there are restaurants not managed by Disney.

We're an allergy family as well and Disney has always been our safe space for eating without the usual fears and worries and I do feel for this doctor and family and we do think Disney was stupid in the way they're handling it with the whole Dis+ argument but...that being said...we're kinda freaking out about all the negative press Disney is getting because we've already heard this week that servers and chefs are doing huge disclaimers that they can't guarantee anything. Which is the whole reason so many of us go to Disney in the first place! Now they've always had the disclaimer that they can't guarantee 100% safety because they can't control the manufacturer they get the products from. But it is alarming to think that Disney could start rethinking their allergy policy because of this. You're right we wouldn't frequent a restaurant that doesn't have strict standards. We've vetted a few places we live near and my kid has only eaten from those few places or we bring food along. It's a shame all ways because food allergies really should be taken more seriously in this country.

 

[DeeBee3]

We're an allergy family as well and Disney has always been our safe space for eating without the usual fears and worries and I do feel for this doctor and family and we do think Disney was stupid in the way they're handling it with the whole Dis+ argument but...that being said...we're kinda freaking out about all the negative press Disney is getting because we've already heard this week that servers and chefs are doing huge disclaimers that they can't guarantee anything. Which is the whole reason so many of us go to Disney in the first place! Now they've always had the disclaimer that they can't guarantee 100% safety because they can't control the manufacturer they get the products from. But it is alarming to think that Disney could start rethinking their allergy policy because of this. You're right we wouldn't frequent a restaurant that doesn't have strict standards. We've vetted a few places we live near and my kid has only eaten from those few places or we bring food along. It's a shame all ways because food allergies really should be taken more seriously in this country like they do in Europe let's say.

Agree 100%

 

[DeeBee3]

Agree 100%

P.S. As an example, we avoid the confectionary on Main Street because it's sponsored by M&Ms. We can't have those, so pretty much everything in there, including the sugary stuff, has allergy warnings. We know that so we don't go in and we don't expect it to change. The stuff looks great, but we can't have it.

 

[TheDailyMoo]

P.S. As an example, we avoid the confectionary on Main Street because it's sponsored by M&Ms. We can't have those, so pretty much everything in there, including the sugary stuff, has allergy warnings. We know that so we don't go in and we don't expect it to change. The stuff looks great, but we can't have it.

Yeah I think the issue here has many layers working:

1 - As people who deal with life threatening food allergies we are easily triggered because unfortunately most of the country (I'll stick to the US) don't know or care or understand about food allergies especially in this day and age where everyone is hyper-sensitive about every niche issue this literally affects so many....and many of them being children who shouldn't have to deal with this!

2 - Most allergy people (at least us and the ones we know) actively avoid any outside food that we can't verify as being safe. You're taking a chance unfortunately even if you have the epi pens or auvi-Qs. We've all heard the tragic stories. I also know many anaphylactics that don't care and take the chances. Everyone has their own risk tolerances. Hey as long as nothing happens to you then you've beat the allergy system good for you right? But if not...well...then something like this. It's never a blame the victim type thing but unfortunately it is what it is...there's never a 100% margin of safety.

3 - Disney as they have of late is just not good at presenting themselves well in public. The optics of this for them are terrible. Dis+ trial makes you ineligible to sue when someone died on their property? That sounds so stupid. The optics are so bad. There were probably 20 better ways they could've responded.

4 - That being said Disney does not own RR nor do they make them abide by their allergy protocols. I don't think Disney is responsible however we also know how lawsuits work and it did happen on their property so it seems pretty reasonable to have them named as well. If someone's babystroller falls apart on a sidewalk they're going to sue the stroller company and the owner of that house. Let's not feel sorry for Disney either. But that's what the judicial process is there for to figure out faults.

5 - We absolutely don't want Disney rethinking their extremely positive and helpful allergy policy. Many many adults and children go to Disney for the sole reason of being able to eat safely on a vacation. Again chefs have already been using disclaimers that they can't guarantee anything. And while that was always the case they never actually verbalized it. The allergy community has to tread carefully on this one. We don't want to force their hand to do something stupid with their allergy policy.

I still think Disney settles with the family in arbitration like they want. It's a sad situation all around. We'll be at Disney in October for MNNSHP and guess what we won't be eating...the treats they give out or their baked goods because we know they could be contaminated. We will be eating off the allergy menu at the restaurants we've made reservations at. Dining is always a risk-off type endeavor. Risk-on you get to eat freely and more variety. Everyone must choose what they're comfortable with. Allergies suck. Please let them find some cure for it other than therapies.

 

[Callie]

I’ve heard food allergies are not nearly as common in Europe and you aren’t very accommodated when you travel up there to the poster above who said they wish the US took it as serious. Just a warning in case you ever go overseas it’s almost impossible to eat there safely.

 

[TheDailyMoo]

I’ve heard food allergies are not nearly as common in Europe and you aren’t very accommodated when you travel up there to the poster above who said they wish the US took it as serious. Just a warning in case you ever go overseas it’s almost impossible to eat there safely.

You're correct many parts of Europe are not so allergy friendly...I was thinking specifically of the UK and Ireland that label in restaurants. Germany very good at it too. But I went ahead and edited that part out. I really could've mentioned Canada as well. Regardless so much of the US isn't up to snuff when it comes to proper allergy protocols but we have noticed some decent strides made in the last few years alone in more awareness so that's a start Just wish it wasn't such a slow process.

 

[B-Ride]

Very sad for family that waiter didn’t comprehend seriousness of situation.

My opinion only….just a matter of time that Disney is done making accommodations for allergies and it is all “dine at your own risk”

I can't see that this would ever happen. All restaurants have a duty to accommodate patients with allergies.

Didn't see it mentioned here but Disney is trying to force arbitration instead of defending a lawsuit because of boiler plate language the couple agreed to when becoming Disney+ members which doesn't allow people to sue Disney or any of its companies.

 

[honeymo78]

FYI, the arbitration defense isn't just based on Disney+ but also a ticket purchase from the website (not saying that makes the defense any less tenuous). There's an article about why this defense isn't as much of a stretch as many think it is, and Disney's lawyers need to raise all possible defenses or they aren't doing their job. Of course, this defense is in addtion to arguing Disney is just the landlord. https://www.reuters.com/legal/litig...ds-wrongful-death-suit-has-chance-2024-08-16/

 

[loislane]

Disney has now reversed and waived its right to arbitration.

In a statement sent to CNN on Monday, Josh D’Amaro, the chairman of Disney Experiences, said the company was waiving its right to arbitration.

“At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” he said in the statement. "As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”

 

[hertamaniac]

But doesn't the arbitration clause still live on except in this single case? Now that it's been exposed, I do wonder if it will altered.

 

[loislane]

But doesn't the arbitration clause still live on except in this single case? Now that it's been exposed, I do wonder if it will altered.

Not sure on that. I think in this case because it picked up so much publicity, Disney agreed it was bad optics.

 

[hertamaniac]

Not sure on that. I think in this case because it picked up so much publicity, Disney agreed it was bad optics.

Which, if this verbiage was going to go down the legality route, I think it would have a good chance of being dismissed based on reasonableness. Which, in turn, would negate it if there was a next time Disney wanted to use it again.

 

[Sparrow'sLady]

I’ve heard food allergies are not nearly as common in Europe and you aren’t very accommodated when you travel up there to the poster above who said they wish the US took it as serious. Just a warning in case you ever go overseas it’s almost impossible to eat there safely.

Yep! Many food allergies are not the real food itself, but the garbage approved by the FDA here in the states. Bio-engineered "food ingredients" is not real food. Many things we consume are toxic over time. Red 40 is one of the worst. There are small amounts of toxins put in so many things meant for children and it is not meant to be consumed. I have given a lot of time studying this and learning the truth. You will not find it on Dr Google.

I have spent many years cleaning up my diet and cutting out all of that stuff to better my health. It has made a big difference, but when you are on vacation it is impossible to avoid. Those places are not using clean or organic foods, avoiding harmful dyes or bio-engineered/GMO products.

I know people who cannot have any kind of bread/pastry in America, but can go to Italy or Spain and eat it all. Here in the US they can only consume raw milk and no gluten.

 

[TheDailyMoo]

Again as a huge proponent of food allergy awareness I still don’t blame Disney for anything that happened and don”t think they’re liable insofar as the law allows a landlord to be held responsible for what occurs on their property. But that being said I hate it when Disney or any company for that matter does the whole “oh we’ve seen the light” act when it was obviously mounting pressure from the horrible optics of their original choice that made them “reverse course”. But still this is a better look and I’m sure they’ll settle with the family for some amount in addition to what Raglan Road will pay out…assuming they don’t find evidence that the allergy was caused by some other factor besides the dinner she ate. Food allergies are just so scary because you never know for sure. Hope this ends with a decent resolution for all parties.

 

[lanejudy]

Disney has now reversed and waived its right to arbitration.

I don't think Disney ever expects this to get as far as arbitration or even a court trial, anyway. I do expect they will eventually file for dismissing the charges. Either Raglan Road and the parent company are liable, or it was purely accidental in that she was exposed to the allergen during her shopping after dinner. That's actually what I think is likely to be found, though obviously I'm not privvy to the investigation.

 

[mkatsy]

I don't think Disney ever expects this to get as far as arbitration or even a court trial, anyway. I do expect they will eventually file for dismissing the charges. Either Raglan Road and the parent company are liable, or it was purely accidental in that she was exposed to the allergen during her shopping after dinner. That's actually what I think is likely to be found, though obviously I'm not privvy to the investigation.

I agree with you. Looking only at the Cashew (which was one of several antibodies found in the postmortem bloodwork). The likelihood of her walking around with that antigen in her tummy for 45 minutes borders on Biologically improbable. Cashew is the deadliest nut allergy, and nearly always causes anaphylaxis, sometimes from touch alone. When you add in the other nuts, peanut, and milk that was found, it’s far more reasonable that she accidentally came in contact with the antigens while shopping.