Anaphylactic Shock: Can You Sue for Undisclosed Food Ingredients?

Anaphylactic Shock: Can You Sue for Undisclosed Food Ingredients?

Imagine enjoying a meal, only to find yourself fighting for your life due to a severe allergic reaction. For millions, this isn’t a far-fetched scenario. Food allergies affect approximately 1 in 20 people in the US, and the consequences of consuming an undisclosed allergen can be devastating, leading to anaphylactic shock. This raises a critical question: Can you sue for anaphylactic shock caused by undisclosed food ingredients? The answer, in many cases, is yes.

Understanding Anaphylactic Shock and Food Allergies

Anaphylactic shock is a severe, potentially fatal allergic reaction that occurs rapidly after exposure to an allergen. According to Food Allergy Research & Education, every three minutes, someone is rushed to the emergency department due to a food allergy reaction. Common symptoms include:

  • Difficulty breathing
  • Swelling of the throat, lips, and tongue
  • Hives
  • Dizziness or loss of consciousness
  • A sudden drop in blood pressure

The most common food allergens, often referred to as the “Big Eight” (or “Top 9” as sesame was added in 2023), are:

  1. Milk
  2. Eggs
  3. Peanuts
  4. Tree nuts (almonds, cashews, walnuts, etc.)
  5. Fish
  6. Shellfish (shrimp, crab, lobster)
  7. Wheat
  8. Soy
  9. Sesame

Even trace amounts of these allergens can trigger a reaction in sensitive individuals, highlighting the importance of accurate food labeling and preparation.

Legal Grounds for a Lawsuit

If you experience anaphylactic shock due to undisclosed food ingredients, you may have grounds for a personal injury lawsuit based on several legal theories:

  • Negligence: This is the most common basis for food allergy lawsuits. Negligence occurs when a food provider (restaurant, manufacturer, etc.) fails to meet the standard of care required to prevent harm. To prove negligence, you must demonstrate that:

    • The defendant owed you a duty of care (e.g., a restaurant has a duty to provide safe food).
    • The defendant breached that duty (e.g., by failing to properly label ingredients or prevent cross-contamination).
    • The breach directly caused your allergic reaction and injury.
    • You suffered actual damages (medical expenses, lost wages, pain, and suffering).
    • Failure to Warn: Manufacturers and distributors may have a duty to warn customers about allergens, per the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA).
    • Breach of Warranty: In some jurisdictions, serving food that is unsafe for consumption, especially when the customer has communicated allergies, can be considered a breach of warranty.
    • Premises Liability: If the allergic reaction occurred on a business’s property (e.g., a restaurant), the business may be liable for failing to maintain a safe environment for its customers.
    • Product Liability: If a packaged food product contained undisclosed allergens or was cross-contaminated, the manufacturer may be held liable under product liability laws.

The Food Allergen Labeling and Consumer Protection Act (FALCPA)

The FALCPA, enacted in 2004, mandates that all food labels in the United States list ingredients that may cause allergic reactions. This law applies to foods regulated by the FDA, but not to meat, poultry, and egg products regulated by the USDA. The FALCPA requires manufacturers to:

  • Clearly identify the “Big Eight” allergens (now “Top 9” with the addition of sesame) on food labels.
  • Use the common name of the allergen (e.g., “milk” instead of “casein”).
  • Provide allergen information in the ingredient list or in a separate “Contains” statement.

Failure to comply with FALCPA can result in product recalls and liability for damages caused by allergic reactions.

Proving Your Case

To win a food allergy lawsuit, you must present evidence to support your claim. This evidence may include:

  • Medical records: Documenting the allergic reaction, diagnosis, and treatment.
  • Food samples: If available, testing the food that caused the reaction to confirm the presence of the allergen.
  • Receipts and packaging: Proving where and when you purchased the food.
  • Witness statements: Testimony from anyone who witnessed the incident or heard you inform the food provider of your allergy.
  • Expert testimony: An allergist or immunologist can provide expert opinions on the cause and severity of your allergic reaction.

Who Can Be Held Liable?

Depending on the circumstances, several parties may be liable for damages resulting from anaphylactic shock due to undisclosed food ingredients:

  • Restaurants: For failing to properly train staff, prevent cross-contamination, or disclose allergens.
  • Food manufacturers: For mislabeling products or failing to implement adequate quality control measures.
  • Food distributors: For mishandling or misrepresenting food products.
  • Schools and daycares: For failing to protect children with known food allergies.
  • Hospitals and medical staff: For failing to note a patient’s allergies on a medical chart.

Damages You Can Recover

If you win your case, you may be entitled to compensation for:

  • Medical expenses: Past and future costs of treating the allergic reaction.
  • Lost income: Wages lost due to being unable to work.
  • Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish.
  • Punitive damages: In cases of egregious negligence or intentional misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
  • Wrongful death: If a person dies from anaphylactic shock, their family may be able to file a wrongful death lawsuit to recover damages for loss of companionship, funeral expenses, and other losses.

Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a lawsuit. The statute of limitations for personal injury cases, including food allergy lawsuits, typically ranges from one to six years, depending on the state. It is crucial to consult with an attorney as soon as possible to ensure that your claim is filed within the applicable time limit.

The Importance of Disclosure and Vigilance

While legal recourse is available, the best way to prevent anaphylactic shock is to be proactive about managing your food allergies:

  • Always inform restaurants and food providers of your allergies.
  • Read food labels carefully, even for familiar products.
  • Ask about ingredients and preparation methods.
  • Carry an epinephrine auto-injector (EpiPen) and know how to use it.
  • Have a written Food Allergy and Anaphylaxis Emergency Care Plan.

Recent Lawsuits and Settlements

Several high-profile cases highlight the potential for liability in food allergy cases. For example, a family was awarded \$200,000 after their daughter suffered a severe allergic reaction to a burrito containing peanut sauce that was not disclosed. In another case, a man sued Disney World over his wife’s death from food allergies, claiming that restaurant staff assured the couple that her food would be free of dairy and nuts, but it was not. These cases underscore the importance of taking food allergies seriously and the potential consequences of negligence.

Expert Witnesses

In food allergy lawsuits, expert witnesses can play a crucial role in establishing liability and proving damages. Common types of expert witnesses include:

  • Allergists and immunologists: To testify about the nature of food allergies, the severity of anaphylactic shock, and the causation of the allergic reaction.
  • Food safety experts: To assess whether the food provider followed proper safety protocols and labeling requirements.
  • Economists: To calculate economic damages, such as lost wages and future medical expenses.

Conclusion

Experiencing anaphylactic shock due to undisclosed food ingredients can be a life-altering event. While no amount of money can undo the harm caused by a severe allergic reaction, a lawsuit can provide financial compensation for your losses and hold responsible parties accountable. If you or a loved one has suffered anaphylactic shock due to undisclosed food ingredients, it is essential to consult with an experienced personal injury attorney to explore your legal options and protect your rights. By understanding your rights and taking appropriate action, you can help prevent future incidents and make the food industry safer for everyone.