On January 30, 2011 Stacy Hejdak was at the Crazy Toucan Margarita Grille in the Key Lime Cove Water Park in Gurnee, Illinois when, according to Ms. Hejdak, she advised the waitress she had a fish allergy. In consequence, she ordered the chicken quesadilla after a discussion about her concerns with the waitress. When the quesadilla arrived she ate some of it and almost immediately her tongue began to swell. Thereafter, her throat started to close and she thought she may die in front of her family on their vacation. She went to the emergency room and received what she believed was life saving treatment.
The shocking thing to Ms. Hejdak was the fact that she advised the restaurant of her allergy in advance of ordering and proper steps allegedly were still not taken to protect her. According to trial lawyer and
food poisoning attorney Gary A. Newland of Newland & Newland LLP, once a restaurant is made aware of an allergy they should take steps to protect their customer. He also stated that such allergies are so common that in many kitchens utensils and cooking surfaces are separated to prevent such contamination.
Mr. Newland went on to say that every year people die from allergies and there is no reason for someone to order a chicken quesadilla, warn the waitress or waiter of the allergy and still receive food that allegedly was contaminated. Allergies are too common today for proper steps to not have been taken. Mr. Newland indicated he will get to the bottom of what went on through the court process in hopes that nothing like this ever happens again.
Ms. Hejdak is very concerned about public awareness of this issue so that restaurants adopt policies to protect consumers.
Proper training in restaurants and greater awareness of the issues by those individuals working in the food industry will definitely reduce allergic reaction claims.
Ms. Hejdak was trying to spend her hard earned money on some family time and it resulted in several hospital visits, ongoing fears of going out to eat and thousands of dollars in medical bills.
The lawsuit seeks damages for negligence, breach of warranty and product liability and intentional infliction of emotional distress.
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