This could happen to any of us

[Breakfast Diva]

A 16 year old dies from milk allergy after eating pancakes at a small restaurant. It's tragic, but he had forgotten his epi-pen. This actually happened 2 years ago, but they now have filed a law suit. They had asked the waitress about the dairy and told her that the grill would also have to be cleaned before his pancake was cooked.
I have often thought that we should have an epi-pen, because we are not close to a hospital, but it takes a prescription. Do any of you have one?
My personal opinion is that if your child has this severe of an allergy, then you should not have them eat in any restaurant, let alone let them order a food item that typically has milk products in it. Also, don't leave it to the child to be responsible for carrying the pen. I would have one in every one of our cars and my purse.
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[undersea]

I am very allergic to shellfish. Cannot see how it is restaurant fault. They serve food and milk and wheat is in everything. Should bring their own and stop blaming others

 

[user 26]

The trouble is the family asked both cook and server and were assured they were dairy free.
I am the 'serve safe' person for one place where I work. Our policy is that we cannot assure ANYONE with ANY kind of allergy that they can safely eat what we serve. Not anything. We just don't have the kinds of controls in place that are necessary. Period. With that severe an allergy, how can one be safe?
This situation is horrible for all concerned.

 

[Morticia]

The trouble is the family asked both cook and server and were assured they were dairy free.
I am the 'serve safe' person for one place where I work. Our policy is that we cannot assure ANYONE with ANY kind of allergy that they can safely eat what we serve. Not anything. We just don't have the kinds of controls in place that are necessary. Period. With that severe an allergy, how can one be safe?
This situation is horrible for all concerned..

We've had so many celiac guests and i worry their day is going to be ruined because of cross contamination. (Ok, tummy troubles do not equate to death, but they'd be suffering all day,)
Last year I had to go over again and again with a guest with a child with a severe allergy that I could not guarantee the food her kids was allergic to would not be brought in by another guest even if I wasn't serving it.
No, we don't have an epi pen on hand. Even if we could get one, I wouldn't want to be responsible for remembering we have it.
Perhaps in this case the parents were made aware that there was some deliberate malfeasance.

 

[rusticinn]

I am very allergic to shellfish and spinach and beginning to develop allergies to various other things that have not bothered me before. If I am in a restaurant and they have lobster bisque on the menu I leave because any vapors from lobster cause an anaphylactic reaction. I never know when something will affect me. I carry an epi pen with me always.
As far as keeping one at your inn, they are VERY expensive and my insurance doesn't cover it. They come in a 2pack which costs approximately $400.00. If my child had that kind of allergy, of course I would make sure they ALWAYS had an epi pen no matter what the cost. As a business owner, it would be nice if you could have one, but the expense is too huge. Plus they expire after a year and you have to buy new ones at full price even if they are unused. (I've been guilty of not renewing mine for a few months after they expire, but for my kids - no way)
While I agree that the restaurant should not have said they could guarantee no dairy, the parents should have had a rule established by now - don't eat out if you don't have your epi-pen. I ask about spinach in soups, etc. Waitresses often will say, "oh there is no spinach in it" because it's not in the description, but they really don't know. And spinach shows up in a lot of things as an extra garnish or almost a seasoning. Ultimately everything I order at a restaurant I take responsibility for.

 

[Generic]

Right, it was the restaurant's fault that they didn't bring their epipen. They are going to lose in court! This is a case when they should have realized from the get go that it was almost impossible to get milk-free pancakes when they use a griddle and it's an item that usually has milk.
Seriously, asking them to clean the grill before cooking for them? Just asking this should have a clue. You would need to clean it at least twice to ensure it was clean. And right in the middle of service? This restaurant should have simply REFUSED. They aren't required to go the extra mile. Let the kid eat prepared foods. But to blame the restaurant because you forgot the epipen? As one of my friends says.. 'merica!

 

[Silverspoon]

We do not serve celiacs or those with life threatening nut allergies because, although we are Serve Safe certified, like Seashanty, we can not guarantee that our residential kitchen is free from cross contamination.
I would think that the liability of using an epi-pen without prescription on a guest in your house would make you liable for any negative consequences or reactions. No, the safest way to proceed is to turn them away if you can not guarantee that you can meet their needs.

 

[EmptyNest]

It is not the innkeepers responsibility to guarantee no allergic reactions. If it is that serious, parents or guest are responsible for their own needs. I would never even give a guest an aspirin, let alone have an epi pen. If they need it that badly,they should carry their own.

 

[gillumhouse]

I will not provide any type of medication to any one for any thing. I try to accommodate diet needs, but if it is life-threatening, I do not want to touch it.
If your kid has an allergy so severe that it is life-threatening - HOW DO YOU FORGET AN EPI-PEN?

 

[Morticia]

It is not the innkeepers responsibility to guarantee no allergic reactions. If it is that serious, parents or guest are responsible for their own needs. I would never even give a guest an aspirin, let alone have an epi pen. If they need it that badly,they should carry their own..

This is a conversation Gomez and I have had several times. We both carry our 'emergency' meds and have discussed what we should do if we ever came across someone who needed the meds immediately.
Could we live with letting someone die because we feared a lawsuit?

 

[gillumhouse]

It is not the innkeepers responsibility to guarantee no allergic reactions. If it is that serious, parents or guest are responsible for their own needs. I would never even give a guest an aspirin, let alone have an epi pen. If they need it that badly,they should carry their own..

This is a conversation Gomez and I have had several times. We both carry our 'emergency' meds and have discussed what we should do if we ever came across someone who needed the meds immediately.
Could we live with letting someone die because we feared a lawsuit?
.

For me it is the fear that someone would die because I gave them the wrong thing. Lawsuit is not my "driver", being the sub for the man with the scythe is.

 

[Copperhead]

It is not the innkeepers responsibility to guarantee no allergic reactions. If it is that serious, parents or guest are responsible for their own needs. I would never even give a guest an aspirin, let alone have an epi pen. If they need it that badly,they should carry their own..

This is a conversation Gomez and I have had several times. We both carry our 'emergency' meds and have discussed what we should do if we ever came across someone who needed the meds immediately.
Could we live with letting someone die because we feared a lawsuit?
.

Could we live with letting someone die because we feared a lawsuit?

Same goes to people seeing an accident, they may have a course on CPR but afraid to use it because of the potential lawsuit. Until we (as a nation) change the lawsuit mentality which exists today, more people will be afraid to offer the help that could save a life.

 

[Copperhead]

Maybe this is a good time for all of us to put such a disclaimer on our websites & confirmations.

 

[JBloggs]

It is not the innkeepers responsibility to guarantee no allergic reactions. If it is that serious, parents or guest are responsible for their own needs. I would never even give a guest an aspirin, let alone have an epi pen. If they need it that badly,they should carry their own..

This is a conversation Gomez and I have had several times. We both carry our 'emergency' meds and have discussed what we should do if we ever came across someone who needed the meds immediately.
Could we live with letting someone die because we feared a lawsuit?
.

Could we live with letting someone die because we feared a lawsuit?

Same goes to people seeing an accident, they may have a course on CPR but afraid to use it because of the potential lawsuit. Until we (as a nation) change the lawsuit mentality which exists today, more people will be afraid to offer the help that could save a life.
.

Could we live with letting someone die because we feared a lawsuit?

Same goes to people seeing an accident, they may have a course on CPR but afraid to use it because of the potential lawsuit. Until we (as a nation) change the lawsuit mentality which exists today, more people will be afraid to offer the help that could save a life.

If you have taken CPR you will know about the Good Samaritan Law.

 

[undersea]

Maybe this is a good time for all of us to put such a disclaimer on our websites & confirmations..

I have doubts it would have any value. The kid is certainly not going to be held responsible, and who reads a disclaimer before a meal? I cannot see how any B&B or restaurant would get any protection from this.
I think the important thing is to follow the ServSafe, ensure you give the customer accurate information, disclose allergans in foods as appropriate, and follow all applicable laws regarding dealing with client food issues, especially if the customer asks questions or gives direction.
Problems usually arise when server / menus misrepresent, do not follow proper food practices, do not disclose as reasonable, etc.
Remember once I asked if my food had shrimp (bad for me). They said no. But it did. That is a lawsuit waiting to happen.

 

[sachi3679]

It always amazes me how people with severe allergies don't take responsibility for them. When I was waiting tables, i had a man once have an allergic reaction to a Caesar salad. He asked if there were any nuts. No. Then he asked if there was any seafood. Of course, anchovies. He never mentioned any allergies when ordering. I don't think he had a very severe reaction but they did have to leave. Why wouldn't you ask?
That said, I know many servers who would nod and assure a customer that whatever they did not want was not present because they didn't believe that it was an allergy (rather than a preference)