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Lawsuit: Boy, 11, died of allergic reaction to Publix cookie
Orlando Sentinel ^ | 03/25/2015 | SHEILA BURKE Associated Press

Posted on 03/26/2015 10:25:17 AM PDT by Responsibility2nd

The family of an 11-year-old boy is suing the Publix grocery chain, saying the child was allergic to nuts and died from a severe reaction after eating a cookie despite a worker's assurance it was safe..

The lawsuit says Derek Landon Wood of Alabama died in June 2014 shortly after eating a chocolate chip cookie purchased at a Publix store in Clarksville. The boy, who was visiting family in Tennessee, was allergic to tree nuts. The lawsuit, which was filed March 20 in federal court in Nashville, says the store bakery did not post warnings about ingredients or possible cross-contamination. It says the mother bought the cookie only after a worker assured her it was safe.

(Excerpt) Read more at orlandosentinel.com ...


TOPICS: News/Current Events
KEYWORDS: peanutallergy; treenuts
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To: Responsibility2nd

Lesson learned: do not cater to people with food restrictions. They will sue you for your effort.


41 posted on 03/26/2015 11:42:50 AM PDT by Born to Conserve
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To: Savage Beast

‘The child had to eat something’ you say...was the kid on the verge of death and needed food immediately? It was a grocery store, for heaven’s sake. If the kid ‘had’ to eat something, there was surely something in that store he could eat that would have been safe.

I know people whose children have nut allergies, and they do not rely on total strangers to know what is best for their children. Usually if they are in doubt, they don’t let their child consume a particular food. It’s called common sense and responsibility.


42 posted on 03/26/2015 11:48:33 AM PDT by Hoosier Catholic Momma
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To: Responsibility2nd

If I had a child with a nut allergy, I believe I would be very nervous anywhere near the bakery in any grocery store. Most parts of the store, everything is in a sealed package...with the notable exception of the bakery.

And while I am sympathetic to the mother...I really can’t believe she let her kid have the cookie. Everywhere you go, where food is being prepared, the warning labels are displayed.


43 posted on 03/26/2015 12:02:44 PM PDT by lacrew
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To: definitelynotaliberal

Any processed food or mass produced food must be assumed to be cross contaminated.

Irresponsible, but my sympathies to the family. Publix isn’t liable.


44 posted on 03/26/2015 12:14:58 PM PDT by No Socialist
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To: trisham

My daughter is allergic to tree nuts. She is seven and we just found out last year. She took one small bite of an English walnut and started having problems breathing and a rash all over her face. Very scary moment for parents.


45 posted on 03/26/2015 12:22:02 PM PDT by NELSON111
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To: NELSON111

That is scary. I didn’t realize that other nuts were an issue. It’s good to get this information out to other parents, because the emphasis has mostly been on peanuts.


46 posted on 03/26/2015 12:27:20 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: trisham

The interesting thing is she can eat peanut butter all day long. Peanut butter is a lagoon and not a tree nut. She showed some Sensitivity to almonds and cashews but walnuts are a big no-no. She has been in anaphylaxis once but that was for ant-bites.


47 posted on 03/26/2015 12:30:31 PM PDT by NELSON111
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To: Savage Beast
The child had to eat something, and the ingredients on the label and the store clerk assured her that the food did not contain tree nuts.

Could they not have waited until they got home to eat? This is a grocery store, where nearly every kind of snack or treat has a warning label on it. As a mother of a child with such a deadly allergy, she should know better. When your child has an allergy that can kill him, you KNOW what is and is not a danger. You read the labels and are familiar with the products that are made in a special facility free of any tree nuts or peanuts, which a grocery store bakery clearly is NOT, and just by a cursory glance at their baked goods, you see the nuts on them. You are VIGILANT because to not be can mean death to your child.

What a horrible, horrible lesson to have learned. She likely cannot come to grips with the fact that HER actions led to death of her baby boy. She needs someone else to be responsible, because the truth is just too awful to contemplate.

My heart breaks for her; she has to live with this. This is such a tragic story.

48 posted on 03/26/2015 12:32:04 PM PDT by Shelayne
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To: DJ MacWoW

“If your child had a deadly allergy would you trust a minimum wage worker with their life?”


At what income should we start trusting someone with a life?

.


49 posted on 03/26/2015 12:37:17 PM PDT by Mears (To learn who rules over you, simply find out who you are not allowed to criticize."Voltaire))
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To: trisham

If you really want to feel left out...
Try a soy allergy.
Then, like me, you know you can’t eat in restaurants or prepared food, like Campbell soup.
The stuff is even in candy bars and some ice creams.


50 posted on 03/26/2015 12:59:34 PM PDT by bog trotter
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To: TexasGator

Does anyone ever read the article?

She purchased cookies at publix. Makes it sound like he was with her.

Regardless, nuts are everywhere at publix in many of their products. There’s no way its safe for someone super sensitive to nuts. Bad decision by the mom. Very sad.


51 posted on 03/26/2015 1:02:14 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: bog trotter

It’s amazing how many things people can be allergic to!


52 posted on 03/26/2015 1:03:25 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: All

This was probably one of the cookies bought from behind the glass case of the bakery that they put in regular bakery bags that don’t have labels.

The mother is looking for someone to blame for her own negligence. If she has a child with nut allergies, she should know that ANY bakery item is not 100% allergen free.

Meanwhile, I guess the rest of us Publix customers will face increased cost and possible new inconveniences as they implement measures to insure this doesn’t happen again.


53 posted on 03/26/2015 1:04:39 PM PDT by worrywart
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To: Mears

Depends on what youre asking them to do.

Something as complicated and sensitive as food allergies it should probably be a specialist. Not a bakery clerk. Now I’ve met some mighty fine bakery clerks and I’d trust them to do anything they could to help. I wouldn’t trust them to understand food allergies.


54 posted on 03/26/2015 1:04:53 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Mears
At what income should we start trusting someone with a life?

When their training equals their wages. Low wages equals little or no training.

55 posted on 03/26/2015 1:32:32 PM PDT by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: driftdiver

“She purchased cookies at publix. Makes it sound like he was with her.”

About my wife. She was born in Vietnam. Makes it sound like I was with her ....

DUH ....


56 posted on 03/26/2015 3:01:29 PM PDT by TexasGator
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To: driftdiver

“Does anyone ever read the article? “

Yes. That is why I made the comment to you.


57 posted on 03/26/2015 3:03:02 PM PDT by TexasGator
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To: TexasGator

Yeah its so rare for moms to take their kids to the supermarket. Incredible


58 posted on 03/26/2015 4:14:57 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: DoughtyOne

She’s hurt over her son dying, so Publix must pay.


59 posted on 03/26/2015 4:25:30 PM PDT by Shimmer1 (An armed society is a polite society... Robert A. Heinlein.)
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To: driftdiver

You have no idea.


60 posted on 03/26/2015 5:36:23 PM PDT by TexasGator
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