Here Now : & Very Upset, advice please

[Pea-n-Me]

Out of curiosity, if all of you were vacationing at Disney and a ride operator did something incorrectly (and who admitted to being at fault) that resulted in your child or grandchild breaking their arm or leg and having to have surgery or go home or whatever else that cut your trip short, would you expect the same sorts of responses that are being given to the OP? Would you expect to hear, "Are you sure your child or grandchild didn't do something wrong to cause the injury? Why didn't you prepare ahead of time for such a possiblity? What is it you expect Disney to do? Why don't you just try to appreciate the time you DID have at Disney instead of complaining, or maybe you should reach out to the ride operator and tell them your family member is ok because they are probably feeling worst of all" (these aren't direct quotes, but a paraphrase of the general tone of the responses. I'm not trying to call anyone out, but asking for honest thoughts, do you think people would treat a mistake regarding a ride, differently than a mistake in regards to a food allergy? I have long felt that there is a special animosity towards people with food allergies (look at movies even, where someone with allergies is treated as wimpy or annoying), and I just wonder if I am picking up on that here too, or if it's just in general that people think there isn't a responsibility on the part of Disney if someone is nearly killed as the result of a mistake?

Again, as I said before, I don't know if Disney is legally obligated to do anything here, but I feel like it would be the right thing to do. They are not a mom and pop operation that is going to go bankrupt for doing something nice for this family, I could be wrong but I feel they can afford to offer the family at least some free park tickets.

Since I was one of the people who mentioned the chef, I'll respond.

I never said or meant to convey that the chef was feeling the "worst". I was trying to say that, as part of their recovery from this difficult event, they should try to keep in perspective that, thankfully, there was no loss of life, and that they could consider that the chef was probably feeling pretty awful about what happened, with the idea that that type of information might actually help the OP and her family recover emotionally, knowing that it wasn't something that was done deliberately or without remorse.

The chef did admit wrongdoing and apologize and oftentimes, that is the main thing that people want when a mistake is made. [Specificallly referring to medical mistakes here.]

As I said in my post, it only seems fair that there should be some type of compensation, and I hoped that the OP was satisfied with whatever was offered. My guess would be that medical bills will be covered and that they will probably be offered some form of either another vacation, or parts of a vacation (like tickets), especially given that Disney has already called. They will probably have to sign some sort of agreement that terms will not be publicly disclosed, and that there will be no further litigation, as others have mentioned.

I was looking through some articles this morning, and a lawyer specializing in this type of thing was quoted as saying that whether he takes a case or not depends on what harm was done.

"Brendan Flaherty, an attorney at PritzkerOlson in Minneapolis, said he screens countless calls related to allergic reactions to food, but only takes a fraction of the cases.

One factor that makes food allergy cases so difficult is the general lack of a long-term injury. If a potential plaintiff has a reaction, but sees a doctor and is fine soon thereafter, most of the time there is no case."

http://www.post-gazette.com/busines...-Be-a-Tough-Nut-to-Crack/stories/201607190017

I think this is good advice.

Lynn, I totally get all the emotions you're feeling - the sadness, the anger, the frustration, etc. They are justified. But I think what you will probably see as time moves on is that you were all very fortunate that there wasn't a greater tragedy than loss of vacation time, and it's something to be thankful for that both of your grandsons are alive and recovering. Vacations can be redone.

We've had enough stuff go on in our family that we now have a saying. "As long as everyone's alive and healthy, we can get through anything." It helps us keep things in perspective.

I imagine the chef is probably feeling pretty awful about this. If you have it in your hearts to reach out to him to let him know the boys are doing ok now, it might mean a lot to him. It sounds like it was a mistake.

I hope your family gets some sort of satisfaction from Disney if that's what will help you feel better about the situation. It does only seem fair. But I also agree they will likely not be dealing with you, as grandparents; they'll deal with the parents. (Imagine if they had to deal with everyone's extended families every time something happens?)

Wishing you all well, and still want to hear what you thought of Melia sometime, aside from this happening. Sending love and prayers to your grandchildren for their continued recovery.

 

[Pea-n-Me]

The different character for the waffles is a brilliant idea!

I also read something where sometimes they use a different color plate.

 

[katie01]

Since I was one of the people who mentioned the chef, I'll respond.

I never said or meant to convey that the chef was feeling the "worst". I was trying to say that, as part of their recovery from this difficult event, they should try to keep in perspective that, thankfully, there was no loss of life, and that they could consider that the chef was probably feeling pretty awful about what happened, with the idea that that type of information might actually help the OP and her family recover emotionally, knowing that it wasn't something that was done deliberately or without remorse.

The chef did admit wrongdoing and apologize and oftentimes, that is the main thing that people want when a mistake is made.

As I said in my post, it only seems fair that there should be some type of compensation, and I hoped that the OP was satisfied with whatever was offered. My guess would be that medical bills will be covered and that they will probably be offered some form of either another vacation, or parts of a vacation (like tickets), especially given that Disney has already called. They will probably have to sign some sort of agreement that terms will not be publicly disclosed, and that there will be no further litigation, as others have mentioned.

I was looking through some articles this morning, and a lawyer specializing in this type of thing was quoted as saying that whether he takes a case or not depends on what harm was done.

"Brendan Flaherty, an attorney at PritzkerOlson in Minneapolis, said he screens countless calls related to allergic reactions to food, but only takes a fraction of the cases.

One factor that makes food allergy cases so difficult is the general lack of a long-term injury. If a potential plaintiff has a reaction, but sees a doctor and is fine soon thereafter, most of the time there is no case."

http://www.post-gazette.com/busines...-Be-a-Tough-Nut-to-Crack/stories/201607190017

You are right, I am sorry and I should have read the posts specifically before posting. I wasn't looking at exact posts when I wrote mine, but rather in my head I was compiling the different impressions I was getting reading through the threads as whole. I know you are always a kind and compassionate member here Pea-n-Me, and that you wouldn't be intending anything harsh towards the OP.

In general I was just seeing a trend from some of thinking the OP was being unreasonable in all of this. And I was wondering aloud if it's because it's allergy-related, or just in general that Disney shouldn't offer compensation for mistakes that end in harm.

I think when any of us post, it comes from our own experiences and ways of seeing the world. Not here, but elsewhere I have seen downright hatred towards people with allergies, even wishing them to just die and get it over with (referencing natural selection and how it was meant to weed out the "weak"). Certainly no one here is saying or even (I hope not!) thinking it, but I think I feel sensitive towards the situation for that reason and want to see that the OP would be treated in the same manner that anyone else would be if they were harmed at Disney and fault was admitted. I have heard too though that allergies aren't viewed in the same way that say, a disability would be, in terms of legality. Thanks for the discussion, it's been eye opening and makes me think twice about whether we should dine at Disney at all with DH's allergies. We had chosen our trips there because in the past we had had good experiences, and it felt like a true "vacation" in thinking it was safer and easier for him to dine there that random restaurants we pick on other trips. But of course nothing is guaranteed and it's best to be vigilant

 

[pfalcioni]

In general I was just seeing a trend from some of thinking the OP was being unreasonable in all of this. And I was wondering aloud if it's because it's allergy-related, or just in general that Disney shouldn't offer compensation for mistakes that end in harm.

I don't think anyone here is dismissing the OP because this was allergy related, they're only dismissing her because she is not the injured party or the parent of the injured party. Everyone understands how frustrating and sad it is to have a vacation cut short due to no fault of your own, but trying to receive compensation for this situation when it appears the OP did not pay for the kids or their parent's portion of this trip is not realistic. You can't receive compensation for something you didn't pay for. I know time together is precious and I'm sure this accident was scary, frustrating, and saddening to all of them. The OP's son's family should receive appropriate compensation from Disney. The OP has nothing to be compensated for, unless she paid for their trip/tickets.

 

[katie01]

I don't think anyone here is dismissing the OP because this was allergy related, they're only dismissing her because she is not the injured party or the parent of the injured party. Everyone understands how frustrating and sad it is to have a vacation cut short due to no fault of your own, but trying to receive compensation for this situation when it appears the OP did not pay for the kids or their parent's portion of this trip is not realistic. You can't receive compensation for something you didn't pay for. I know time together is precious and I'm sure this accident was scary, frustrating, and saddening to all of them. The OP's son's family should receive appropriate compensation from Disney. The OP has nothing to be compensated for, unless she paid for their trip/tickets.

I see what you’re saying, I can understand that, and it seems like the OP does now too, where she said she’d take the advice and let it be between her son and customer service now. But I understand her feeling sad over the lost time too.

I do think some people said though that they don’t think Disney should or would do anything at all (even for her son/grandsons)? Did I read that wrong?

At any rate, I understand that this is a tough situation. Sad all around for the whole family. And I recognize too that mistakes can happen with allergies. I’ve often thought how cool it would be to have more restaurants that are allergy friendly, but at the same time, I think the potential liability there could be too daunting to consider. What if an employee comes in with an allergen in their clothes and it gets into the food? What if there is contamination from a supplier? And so on. Life threatening allergies are just rough all around

 

[pfalcioni]

"I do think some people said though that they don’t think Disney should or would do anything at all (even for her son/grandsons)? Did I read that wrong?"

I read it all and didn't see anyone who stated that the son/grandsons shouldn't receive some sort of compensation. There was some debate regarding the potential for additional compensation if a lawyer was hired and some people said they felt that was excessive or not really a logical option.

 

[MaryLovesPoohBear]

I also read something where sometimes they use a different color plate.

P. F. Changs does that. Gluten free comes out on white plates with the company name on it. Also Raglan Road puts parsley in their gluten free batter. So their gluten free fried food has green flecks in it. BUT they need to tell the consumer when they do something like that. I have been served food at P.F. Changs and was ready to take a bite, it was gluten filled and on the wrong plate. I have been served fried food at Raglan Road. I ate some, then found out that it was gluten filled. I ended up throwing up in their ladies room for a hour, before it was safe enough to leave. Both times, I was unaware of the visible differences in their food or plates.

I don't think anyone here is dismissing the OP because this was allergy related, they're only dismissing her because she is not the injured party or the parent of the injured party. Everyone understands how frustrating and sad it is to have a vacation cut short due to no fault of your own, but trying to receive compensation for this situation when it appears the OP did not pay for the kids or their parent's portion of this trip is not realistic. You can't receive compensation for something you didn't pay for. I know time together is precious and I'm sure this accident was scary, frustrating, and saddening to all of them. The OP's son's family should receive appropriate compensation from Disney. The OP has nothing to be compensated for, unless she paid for their trip/tickets.

That is the problem for me.

As upset as the grandparents were and are, the injured parties are the boys. And by extension, their parents. And, in my opinion, having the grandparents ask for monetary compensation for this, seems, well, wrong.

 

[HeyIt'sMe]

OP - I am sorry this happened to your grandsons and I am glad they are doing OK now. I remember reading the “Disney Disaster” thread you started before your trip and how you were paranoid that something bad was going to happen. It’s such a shame that something bad did happen. And to this extent.

 

[anniemae]

I think the reason the grandmother stepped in was because her son was understandably distraught. His concern was his kids. It sounds like everything happened fast. The grandkids had a reaction, they were quickly brought to the hospital, then left for home in a frenzy cutting the trip short.

The OP and her dh were left at Disney kind of dazed and lost with lots of time to think about the situation and stew about it. They were probably missing their family and worried about the grand kids. I think they were angry at the severity of the mix up, it wasn't like someone in the party asked for sausage and was given bacon. It was a mistake that could have ended much much differently. They were also probably disappointed that the son and family had to go home from a fun family trip. I feel like she stepped in because she was there, and because she had the time to talk to the proper people while at Disney thus giving her son the chance to get the kids home and get everything sorted out. At least that's how I read it.

 

[Dentam]

The OP and her dh were left at Disney kind of dazed and lost with lots of time to think about the situation and stew about it. They were probably missing their family and worried about the grand kids. I think they were angry at the severity of the mix up, it wasn't like someone in the party asked for sausage and was given bacon. It was a mistake that could have ended much much differently. They were also probably disappointed that the son and family had to go home from a fun family trip. I feel like she stepped in because she was there, and because she had the time to talk to the proper people while at Disney thus giving her son the chance to get the kids home and get everything sorted out. At least that's how I read it.

This is exactly how I see it also. And she has stated several times that she will let her son and Disney figure it out from here.

 

[gotomu212]

Out of curiosity, if all of you were vacationing at Disney and a ride operator did something incorrectly (and who admitted to being at fault) that resulted in your child or grandchild breaking their arm or leg and having to have surgery or go home or whatever else that cut your trip short, would you expect the same sorts of responses that are being given to the OP? Would you expect to hear, "Are you sure your child or grandchild didn't do something wrong to cause the injury? Why didn't you prepare ahead of time for such a possiblity? What is it you expect Disney to do? Why don't you just try to appreciate the time you DID have at Disney instead of complaining, or maybe you should reach out to the ride operator and tell them your family member is ok because they are probably feeling worst of all" (these aren't direct quotes, but a paraphrase of the general tone of the responses. I'm not trying to call anyone out, but asking for honest thoughts, do you think people would treat a mistake regarding a ride, differently than a mistake in regards to a food allergy? I have long felt that there is a special animosity towards people with food allergies (look at movies even, where someone with allergies is treated as wimpy or annoying), and I just wonder if I am picking up on that here too, or if it's just in general that people think there isn't a responsibility on the part of Disney if someone is nearly killed as the result of a mistake?

Again, as I said before, I don't know if Disney is legally obligated to do anything here, but I feel like it would be the right thing to do. They are not a mom and pop operation that is going to go bankrupt for doing something nice for this family, I could be wrong but I feel they can afford to offer the family at least some free park tickets.

Well my uncle has a prosthetic leg from a Vietnam injury and when our family went to Disney they were very clear that they could accommodate him on some rides better than others, but could not be held liable for injury due to his more limited mobility. He did actually sprain his ankle when Space Mountain broke and he had to evacuate on the ladder (I don’t think they do it like that anymore). Disney handled the medical first aid, hospital visit, and they did give our large family a free meal but that was it- and my uncle was pretty much done since his only leg was injured.

I add that story to show that (like the OPs grandkids) he had special personal circumstances that made things a higher risk and we therefore accepted a higher likelihood that something could go wrong and reacted accordingly when they did. I think that’s why it would be a little different from a ride operator making a mistake that injured an otherwise able person or a chef poisoning a restaurant of people.

 

[sam_gordon]

Yes both kids had to be rushed by ambulance. If my older grandson ate more than one bite who knows what would have happened, I don’t even want to think of it.

So if there wasn't an allergic reaction, would you have moved to YC and the kids stayed at the off site condo? Were they supposed to stay until the 21st? When did they go home? Did they make that decision on their own or was it medically required/suggested?

 

[kaytieeldr]

The OP said nothing about a college fund that was another poster.

The OP quoted it more than once, and so seemed to be amenable.

Thanks for saying that
I do feel a little animosity from others. I think I was just looking for a shoulder or two to cry on.

Lesson learned but thank you to all those who understand my emotions

Probably best to be clear that this is the intent up front. Many of the posts seemed more mercenary.

To answer your question, I would expect Disney to pay for all medical costs, and maybe throw in some park hopper tickets to the parents/kids. I wouldn't expect them to pay for airline change fees unless it was medically necessary/recommended they go home.

So if there wasn't an allergic reaction, would you have moved to YC and the kids stayed at the off site condo? Were they supposed to stay until the 21st? When did they go home? Did they make that decision on their own or was it medically required/suggested?

Son's family was there for five days, at the Melia the entire time. OK was at POR with her husband on their own first night (or two?) then moved into the Melia unit with son's family for five nights (and I'm guessing stayed there even after the younger generations left?) Then the two of them moved over to IF for two nights, and left 7/21.

 

[Lynn CC]

The OP quoted it more than once, and so seemed to be amenable.

Probably best to be clear that this is the intent up front. Many of the posts seemed more mercenary.



Son's family was there for five days, at the Melia the entire time. OK was at POR with her husband on their own first night (or two?) then moved into the Melia unit with son's family for five nights (and I'm guessing stayed there even after the younger generations left?) Then the two of them moved over to IF for two nights, and left 7/21.

Yes, DH & I stayed at POR for 2 nights, Melia for 5, then YC for 1 night.

 

[Lynn CC]

Out of curiosity, if all of you were vacationing at Disney and a ride operator did something incorrectly (and who admitted to being at fault) that resulted in your child or grandchild breaking their arm or leg and having to have surgery or go home or whatever else that cut your trip short, would you expect the same sorts of responses that are being given to the OP? Would you expect to hear, "Are you sure your child or grandchild didn't do something wrong to cause the injury? Why didn't you prepare ahead of time for such a possiblity? What is it you expect Disney to do? Why don't you just try to appreciate the time you DID have at Disney instead of complaining, or maybe you should reach out to the ride operator and tell them your family member is ok because they are probably feeling worst of all" (these aren't direct quotes, but a paraphrase of the general tone of the responses. I'm not trying to call anyone out, but asking for honest thoughts, do you think people would treat a mistake regarding a ride, differently than a mistake in regards to a food allergy? I have long felt that there is a special animosity towards people with food allergies (look at movies even, where someone with allergies is treated as wimpy or annoying), and I just wonder if I am picking up on that here too, or if it's just in general that people think there isn't a responsibility on the part of Disney if someone is nearly killed as the result of a mistake?

Again, as I said before, I don't know if Disney is legally obligated to do anything here, but I feel like it would be the right thing to do. They are not a mom and pop operation that is going to go bankrupt for doing something nice for this family, I could be wrong but I feel they can afford to offer the family at least some free park tickets.

Everything you say is so true

 

[OhMari]

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[Lynn CC]

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I think they really have to get a system in place where no errors happen, I’m sure they can think of something after all Disney had the best imagineers!
I do like the idea of, let’s say Donald Duck waffles that are allergy waffles. Then the mistake can’t be made & anitgt family won’t have to go through this nightmare.

 

[OhMari]

I think they really have to get a system in place where no errors happen, I’m sure they can think of something after all Disney had the best imagineers!
I do like the idea of, let’s say Donald Duck waffles that are allergy waffles. Then the mistake can’t be made & anitgt family won’t have to go through this nightmare.

I had to delete what I said, as I said, I am glad your grandchildren are okay.

 

[KayKayJS]

Y’all are a judgmental bunch. Wow.

OP- I’m glad your grandchildren are okay and I hope Disney does something to make up for it.

 

[VandVsmama]

I'm so sorry that your family went through that! How incredibly frustrating....and totally scary, too. It sucks that they had to cut their vacation short. I'm glad that your grandchildren are still alive.