Food poisoning claims with Disney

[aae991]

During our recent trip to WDW (14th Christmas in a row at Fort Wilderness), one of my daughters and myself came down with food poisoning after a meal at a certain Disney property restaurant. We both became ill within 5 minutes of each other and ended up in the hospital. We were the only two that had this specific food. The doctors at the hospital ruled out stomach flu and pointed the finger at food-borne illness. Despite insurance, we are out $5-6000 for uncovered expenses and the extra two nights we had to stay at WDW until we recovered.

My question is how to deal with Disney in the claims process. They have been less than cooperative and seem to be stonewalling us to some degree. Some of the managers at the restaurant have refused to even speak with us anymore (and we were not being difficult with them, just asking questions). We have made it clear we are not suing them, but just want our out-of-pocket expenses covered.

Any suggestions or contact names that might be helpful?

Thanks!

 

[dopeylover]

I don't have any names for you, but I do wish you luck. I don't know how far you are going to get in this process. They could argue any number of things stating how can you be 100% sure this came from them, and you'd need some pretty definitive proof on your part.

Also, while I completely sympathize with the amount of time and money you lost, if I go to Burger King and get food poisoning after eating a burger there, they are most likely not going to compensate me for lost wages and sick time. It's just something that happens in life, unfortunately, but I don't blame you for a second for being upset. In situations like these, I always start at the top of the pyramid to get answers, but like I said, I don't know what if anything will happen.

 

[wm49rs]

What exactly was it that you ate?

 

[rsoxguy]

What exactly was it that you ate?

I believe that it was sushi on a bloody plate. I just don't understand how they got sick.

 

[luv]

How did the doctors rule out flu?

In any event, sounds like you need a lawyer. If you have a case, they work for free. If you don't, no reason to pursue it. Good luck.

 

[aae991]

We had a vegetarian plate of Ratatouille. The doctors at the hospital told us it was likely a leftover toxin from the bacteria on the food due to the rapid onset of symptoms. They said they see Disney food-borne illnesses all the time (vs. the stomach flu).

 

[disneygirl1024]

I believe that it was sushi on a bloody plate. I just don't understand how they got sick.

That's completely healthy right?

 

[luv]

We had a vegetarian plate of Ratatouille. The doctors at the hospital told us it was likely a leftover toxin from the bacteria on the food due to the rapid onset of symptoms. They said they see Disney food-borne illnesses all the time (vs. the stomach flu).

Flu is also rapid-onset.

What hospital did you visit?

 

[aae991]

Flu is also rapid-onset.

What hospital did you visit?

Celebration Hospital. Yes, flu can be rapid onset but when two people who ate the same thing get sick within 5 minutes of each other with identical symptoms, it points to food-borne illness. The doctors said the same thing. I've had the stomach flu before and these symptoms were different. The best guess from the doctors was residual bacterial toxins that sparked a rapid response in our bodies.

 

[Spikerdink]

I don't know how much the restaurant or the manager would be able to help. If you want to seek damages, you need to contact Disney guest services and keep plugging away until they get you to the person who can help...

That being said, I am not sure how successful you are going to be. The problem is that even though a doctor may say they see Disney food related illness all the time it is going to be difficult to prove that it was the restaurant that you ate at that is responsible. It would take a huge number of people who ate the very same dish, the very same day to trigger an investigation and inquiry. (Think ecoli contamination and fast food restaurants).

One issue that happens is that many people take thier leftovers with them...junior's pizza or cheeseburger or mom's ham and cheese sandwich with mayo do not agree with a warm, moist temperature and being kept out of refrigeration for hours. Then someone snacks on it, and food poisoning occurs (I am not saying this happened to you, nor am I saying you are responsible for your illness, btw) and the family says, 'all I had was this sandwich/burger/pizza from Disney... it has to be the cause.' But the real cause was outside of Disney's hands.

That being said, if the hospital said they had X amount of cases that day/days and it can be traced back to everyone eating at the same restaurant...then you have a stronger case....

Either way, sorry to hear you and your daughter's vacation was marred by this illness - not exactly the way anyone wants to spend thier hard earned time away.

 

[Gabe1]

Attorney. It will be cheaper than your out of pocket expenses.

 

[Zman-ks]

Attorney. It will be cheaper than your out of pocket expenses.

I would agree...if nothing more to get through red tape and prove you are serious and not just someone complaining.

 

[Goofyernmost]

There's a couple of problems with your claim. Let me clarify, I'm not saying that what happened, in your mind, is not true, however, most food borne illnesses are not immediate. They usually have a gestation period before they start causing problems. If you didn't report your suspicions immediately they are not going to be proven unless a large number of people that ate the same thing, also are affected. (Someone mentioned that already). Since it was one of your daughters that got sick at the same time, it is possible that it was something that you got a couple of days before if you both ate the same thing.

No one will get off dead center and respond to you. Lawyers would have to be involved. A restaurant employee is not allowed to answer questions like that for fear that they might say something, like, I'm sorry to hear that, and all of a sudden, it becomes a phase used against them as a form of admitting to guilt.

I would recommend that you get legal representation, but, before you do that do some thinking about where you were and what you ate a few days previous to your illness. You might be blaming the wrong people.

 

[wm49rs]

It sounds like he's just seeking the right answer wherever he can find it....

 

[JIMINYCR]

Too bad it had to ruin the trip, you would think that with the astronomical number of guests eating on property, there must be a small percentage that end up with a food borne illness . Thats why we carry Pepto and antacids, and an assortment of things to help battle unseen bugs on property. Food Poisoning bacteria has to be the worst, you cant see it and you cant do anything about it, except maybe be more selective about menu items???

 

[ratherbeinwdw]

We had a vegetarian plate of Ratatouille. The doctors at the hospital told us it was likely a leftover toxin from the bacteria on the food due to the rapid onset of symptoms. They said they see Disney food-borne illnesses all the time (vs. the stomach flu).

Same thing happened to my daughter in 2010 at Flame Tree. I blamed myself because the chicken just didn't smell right to me. I didn't eat mine. She and her father told me it was just my sensitive nose. Then she got very ill. We took her to an outpatient center and they said it was food borne illness. They had seen many cases from the parks. They can usually tell by the pain if it's flu or food borne. We're talking can't walk type pain, not a bad stomach ache. Luckily, it was the day before we were to leave and we had been there 8 days, so it didn't ruin the trip. Our insurance paid for everything except 200.00, so we just let it go.
As someone else said, unless a lot of people got sick at the same time, it would be almost impossible to prove you got sick there.

 

[GrumpyFan]

You could also try talking to the Orange county health dept (if that's their jurisdiction), and see what they say. They might be able to give you some guidance, or maybe even have record of others' reporting similar issues.

 

[whitethunder]

There's a couple of problems with you claim. Let me clarify, I'm not saying that what happened, in your mind, is not true, however, most food borne illnesses are not immediate. They usually have a gestation period before they start causing problems. If you didn't report your suspicions immediately they are not going to be proven unless a large number of people that ate the same thing, also are affected. (Someone mentioned that already). Since it was one of your daughters that got sick at the same time, it is possible that it was something that you got a couple of days before if you both ate the same thing.

No one will get off dead center and respond to you. Lawyers would have to be involved. A restaurant employee is not allowed to answer questions like that for fear that they might say something, like, I'm sorry to hear that, and all of a sudden, it becomes a phase used against them as a form of admitting to guilt.

I would recommend that you get legal representation, but, before you do that do some thinking about where you were and what you ate a few days previous to your illness. You might be blaming the wrong people.

I agree with this more than anything. My wife is a chef and this is a pretty serious topic for them. 99% of any food borne illness has nothing to do with the last meal you ate. It can come from 2-3 meals earlier. This is where the problem comes in to play, because you have to prove which meal did the "damage". Realistically it is impossible to know this.

 

[WDW 3]

Despite insurance, we are out $5-6000 for uncovered expenses and the extra two nights we had to stay at WDW until we recovered. HOW???

 

[bethymouse]

Well, I am sorry to say, but it seems a bit "fishy" to me.