Disney/Raglan Road Sued Over Food Allergy Death

[BrianLo]

Is it common for an allergic reaction to happen so long after eating?

Usually it’s rapid, but up to 90 minutes is the usual cut off and people having bimodal secondary reactions up to 24hours after receiving epinephrine.

 

[BrianLo]

We’re talking about something that at most might be happening once a week across the entire US. Anaphylaxis due to all causes doesn’t even cause a daily death in the US.

It is indeed quite rare. I’ve never seen mortality from anaphylaxis and it adjacently happened once to my knowledge during University. Probably the first and last time anyone at that site will see it occur.

Usually it only occurs when someone tries to hide their reaction or goes to a bathroom alone.

Though ‘Disney’ is putting it extra into the national headlines, it is indeed a headline. It made the news in the case I was aware of as well.

 

[NelleBelle]

My close work friend is severely allergic to peanuts. We regularly ordered from a Thai place that didn’t use peanut oil and she had no issues…until someone ordered from a new place and didn’t tell us. When she took a bite, within minutes her throat started to close up. We work in a trauma center and we were in the 9th floor and the ERA on the 1st. From the time we got her into the elevator and got to the ER, she was in respiratory arrest and needed a tracheostomy. Had she not been in a hospital, she most certainly would have died from her reaction. So it is quite unfortunate that this poor woman had the reaction she did and died as a result. While uncommon, it does happen.

 

[LeighM]

This has nothing to do with food allergies but a neighbor of mine died from anaphylaxis due to yellow jacket bites. Despite using multi Epi Pens, a fast 911 response, and the medical helicopter airlifting him to the hospital, he still died. Sometimes the Epi-Pen just isn't enough for an extremely severe reaction. Food allergies scare me and I try to keep Benadryl on me at all times after my Mom had a sudden allergic reaction to shrimp that caused her lips and tongue start to swell. She had eaten shrimp and seafood all of her life and then one day in her 50s she had a reaction. Luckily, it wasn't worse than it was. But food allergies can present in very strange ways. I feel sorry for the victim and her family because they did everything they could do. A friend of mine has a child with a severe peanut allergy and she couldn't even sit with her friends at school lunch because they could only guarantee the surface of one lunch table as safe for her to use.

 

[Tha Realest]

Uh, so an update.

Disney wants NYU doctor allergy death suit tossed because of widower’s Disney+ subscription

Jeffrey Piccolo’s attorneys have slammed Disney’s latest motion as “preposterous” and “outrageously unreasonable.”

nypost.com

 

[Screamface]

That's ludicrous.

 

[Tom P.]

The headline is slightly misleading. Disney isn't claiming that arbitration is required solely because the plaintiff signed up for a free trial of Disney+. It is also because of the terms they agreed to when they created a MyDisney account and purchased tickets to Epcot. So it's not *quite* as patently absurd as the news story makes it out to be.

Still, I think it's a nonsense argument. Even if the arbitration provisions of the MyDisney agreement are valid, that was for tickets to Epcot. The person died after eating at a restaurant in Disney Springs. You need neither a ticket nor the app to visit and dine at Disney Springs. Thus, there is no reasonable way to argue that the terms of service you must agree to in order to go to Epcot would apply to going to Disney Springs.

 

[Doberge]

Someone should have stopped this from ever being argued in a motion. The bad publicity coming out of this should have been anticipated.

 

[jme]

It is also because of the terms they agreed to when they created a MyDisney account and purchased tickets to Epcot. So it's not *quite* as patently absurd as the news story makes it out to be.

Except she didn't even get to go to Epcot, because she died the day prior to their planned visit to that park.

Someone should have stopped this from ever being argued in a motion. The bad publicity coming out of this should have been anticipated.

Yes. They also should have stopped this from being a clause entirely.

 

[Chi84]

Except she didn't even get to go to Epcot, because she died the day prior to their planned visit to that park.


Yes. They also should have stopped this from being a clause entirely.

I don't believe MDE has an arbitration clause; they're tying it to language going back to the Disney+ subscription. It's hard to know what Disney is going for here.

 

[Tom P.]

Except she didn't even get to go to Epcot, because she died the day prior to their planned visit to that park.

Please see my second paragraph.

 

[jme]

Please see my second paragraph.

Oh, I know - I was just adding to your argument.

 

[Mr. Pusskers]

I am so sorry to hear such a tragedy has happened. Sorry for the family and their loss. Food allergies have to be a scary thing to be able to go out or on vacation to eat. I love Ragland Road. Good Food, Beer and a good show to boot. Just such a fun place to have dinner at.

So, what now, yes, a lawsuit. But does that mean possibly the end of Ragland Road???? Not to mention this will be a family possibly never coming back to WDW. I know I could not return if that happened to a family member. It would make one re-live what is now a bad dream. No Debate about a lawsuit but how does this affect Ragland Road and so on. New Policy change for all Restaurants on WDW properties????

 

[lazyboy97o]

I am so sorry to hear such a tragedy has happened. Sorry for the family and their loss. Food allergies have to be a scary thing to be able to go out or on vacation to eat. I love Ragland Road. Good Food, Beer and a good show to boot. Just such a fun place to have dinner at.

So, what now, yes, a lawsuit. But does that mean possibly the end of Ragland Road???? Not to mention this will be a family possibly never coming back to WDW. I know I could not return if that happened to a family member. It would make one re-live what is now a bad dream. No Debate about a lawsuit but how does this affect Ragland Road and so on. New Policy change for all Restaurants on WDW properties????

It’s way too early to say what will happen. Part of lawsuits is a whole process of working out and determining the facts of a dispute. It could be determined that Raglan Road took all reasonable precautions to prevent and incredibly rare event from occurring. It could also come out that they were incredibly reckless and were actively ignoring allergy concerns.

Any damages would likely come from Raglan Road’s insurance. It probably wouldn’t put them out of business, but that’s also dependent on the determination of liability.

 

[Phonedave]

Anaphylaxis normally happens quickly, but can it sometimes take longer..

Anaphylaxis-Anaphylaxis - Symptoms & causes - Mayo Clinic

Anaphylaxis, a severe allergic reaction, is an emergency. Learn who's at risk, what to watch for and what to do when it occurs.

www.mayoclinic.org

So they are looking for a loophole to get out a $50,000 (give or take) lawsuit?

For TWDC, $50,000 is a rounding error. Seriously. This is the McDonald's hot coffee case all over again. For those unfamiliar, the woman in that case, who had 3rd degree burns to her crotch, originally ask McDonald's to help cover her medical costs - that is all she asked for. McD's told her to go pound salt. Then she sued, the resultant reward was much larger than what she asked for, not to mention all of the horrible publicity.

Somebody dies and the surviving spouse sues for $50K? The immediate response should have been "Sure, please take this check" (And sign this agreement)

 

[Chi84]

So they are looking for a loophole to get out a $50,000 (give or take) lawsuit?

For TWDC, $50,000 is a rounding error. Seriously. This is the McDonald's hot coffee case all over again. For those unfamiliar, the woman in that case, who had 3rd degree burns to her crotch, originally ask McDonald's to help cover her medical costs - that is all she asked for. McD's told her to go pound salt. Then she sued, the resultant reward was much larger than what she asked for, not to mention all of the horrible publicity.

Somebody dies and the surviving spouse sues for $50K? The immediate response should have been "Sure, please take this check" (And sign this agreement)

No, the complaint must allege damages in excess of $50,000 as a jurisdictional requirement for that particular court. The number has nothing to do with the amount the plaintiff will claim as damages. It will likely be in the millions.

 

[lazyboy97o]

So they are looking for a loophole to get out a $50,000 (give or take) lawsuit?

For TWDC, $50,000 is a rounding error. Seriously. This is the McDonald's hot coffee case all over again. For those unfamiliar, the woman in that case, who had 3rd degree burns to her crotch, originally ask McDonald's to help cover her medical costs - that is all she asked for. McD's told her to go pound salt. Then she sued, the resultant reward was much larger than what she asked for, not to mention all of the horrible publicity.

Somebody dies and the surviving spouse sues for $50K? The immediate response should have been "Sure, please take this check" (And sign this agreement)

We need some sort of pinned post about this. The suit is for damages in excess of $50,000. That’s the minimum based on state law that determines which court handles the case.

 

[Lilofan]

So they are looking for a loophole to get out a $50,000 (give or take) lawsuit?

For TWDC, $50,000 is a rounding error. Seriously. This is the McDonald's hot coffee case all over again. For those unfamiliar, the woman in that case, who had 3rd degree burns to her crotch, originally ask McDonald's to help cover her medical costs - that is all she asked for. McD's told her to go pound salt. Then she sued, the resultant reward was much larger than what she asked for, not to mention all of the horrible publicity.

Somebody dies and the surviving spouse sues for $50K? The immediate response should have been "Sure, please take this check" (And sign this agreement)

I doubt there was an arbitration clause at McDonalds like there is when the husband signed up for Disney+. For all the opinions that Disney is in the wrong on the Raglan Road guest death , it will unfortunately fall on deaf ears because of the arbitration clause written in black and white. Whether the husband of the deceased doctor read it or not is irrelevant. Read before you sign and when you sign you agree to the terms. It can be perceived as gutless but then again running a business sometimes is.

 

[Phonedave]

No, the complaint must allege damages in excess of $50,000 as a jurisdictional requirement for that particular court. The number has nothing to do with the amount the plaintiff will claim as damages. It will likely be in the millions.

We need some sort of pinned post about this. The suit is for damages in excess of $50,000. That’s the minimum based on state law that determines which court handles the case.

I did not realize that, it make a lot more sense now.

 

[Phonedave]

I doubt there was an arbitration clause at McDonalds like there is when the husband signed up for Disney+. For all the opinions that Disney is in the wrong on the Raglan Road guest death , it will unfortunately fall on deaf ears because of the arbitration clause written in black and white. Whether the husband of the deceased doctor read it or not is irrelevant. Read before you sign and when you sign you agree to the terms. It can be perceived as gutless but then again running a business sometimes is.

Arbitration clauses like that are often not worth the (electronic) paper they are printed on.