Not following this story closely (Okay we got NYPost reportingand 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.
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.
I've never heard that Disney trains third party staff. It may be that Disney offers training seminars much like it does to CMs and businesses etc. (DD took a seminar for free while CM that Disney offered to businesses for $$$). But even if there were training and it were required ... I doubt that Disney has any input into their kitchen operations.
I agree and how did SO MANY allergens end up in her system? Was if from the Raglan food or elsewhere? Does Raglan even keep all those items in their kitchen? If they don't then major questions arise especially given the timeline.
Biggest question for me is how the plaintiff proves the allergen was a result of eating at this specific restaurant.
This keeps coming up, I quoted all the above to ask - I've now both called one of the testing labs that will check foods after reactions, AND spoken to three different allergists. What is this testing that shows what a person reacted to? I believe they did NORMAL IgE testing and someone in the doctor's legal team doesn't understand it's a general allergy test, not a test for what a person ate.
There are cases all the time where a person with multiple allergies dies and they NEVER find out which allergen it was. Because there is not a test for which allergen you reacted to. So all these comments about how she had milk and seven different nuts in her system... no. What is this test that doesn't exist for ANY other situation where a person has reacted while having multiple allergens? Why is this the only case where it's been used, even when other people have died? Not only are there a lot of open questions in this case, but I think some of the "answers" we've been given aren't true, such as a way to know what she had a reaction to.
This is what is scaring me too. People have always had random reactions at Disney, and Disney takes care of it. This case is causing a LOT of bad publicity and the last thing we need is for Disney to pull the plug on helping anyone because the case got so bad.We are a part of the allergy community and huge proponents of policy change and labeling and food safety but we are also a little upset at how much negative press Disney is getting from our allergy groups. We DO NOT want Disney rethinking their extremely pro food allergy safety stance. We do NOT want servers afraid to be held liable. We WANT Disney to keep doing what they have always done which is give those adults and parents and kids a safe place to enjoy eating out like normal people with minimal fear of anything going wrong.