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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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The article goes on to say the boy immediately went into anaphylactic shock and though his mother gave him a Benadryl and an Epi injection - too late.
1 posted on 03/26/2015 10:25:17 AM PDT by Responsibility2nd
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To: Responsibility2nd

The employee made a big mistake. However, the mother with a child that sensitive to nuts should have known better.

This is a tragic accident, pure and simple, UNLESS the employee knew the truth and lied.


2 posted on 03/26/2015 10:28:02 AM PDT by kosciusko51
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To: Responsibility2nd

Sad.


3 posted on 03/26/2015 10:28:12 AM PDT by petercooper ("How To Destroy The Country In 6 Short Years" by Barack Obama & the Democrats)
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To: Responsibility2nd

Very sad. Publix should not be found liable.


4 posted on 03/26/2015 10:28:55 AM PDT by SoFloFreeper
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To: Responsibility2nd
Nope,sorry...it's the patients responsibly to be careful.Or in this case the guardian.I'd vote no $$$.
5 posted on 03/26/2015 10:29:34 AM PDT by Gay State Conservative (Obama;A Low Grade Intellect With Even Lower Morals)
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To: Responsibility2nd

What mother of a child with a DEADLY nut allergy lets them eat anything in public?


6 posted on 03/26/2015 10:29:52 AM PDT by Mr. K (Palin/Cruz 2016 (for 16 years of conservative bliss))
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To: Responsibility2nd

Sad story, but something tells me that no amount or kind of warning label would preclude this lawsuit.


7 posted on 03/26/2015 10:31:44 AM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: bigbob

Publix gives away free cookie samples................


8 posted on 03/26/2015 10:33:12 AM PDT by Red Badger (Man builds a ship in a bottle. God builds a universe in the palm of His hand.............)
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To: bigbob

and that will probably stop now.............


9 posted on 03/26/2015 10:33:33 AM PDT by Red Badger (Man builds a ship in a bottle. God builds a universe in the palm of His hand.............)
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To: Responsibility2nd

What the story does not say:

The story does not say the mother told the clerk her son was allergic to nuts, she merely asked if the cookies were safe.


10 posted on 03/26/2015 10:34:29 AM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: Responsibility2nd

So sad, but no chances should ever be taken with deadly allergies. Getting what amounts to medical advice from a grocery employee? Mom, bless your heart, that was not a good idea.


11 posted on 03/26/2015 10:35:05 AM PDT by C. Edmund Wright (www.FireKarlRove.com NOW)
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To: Gay State Conservative

“....it’s the patients responsibly to be careful...”

I’ll take it a step further. Assuming that the “worker” in question was a typical grocery store clerk, the parents put him into an awful position. He or she must be feeling terrible now, knowing that they played a role in this child’s death.

It was really very unfair for the parents to place such a responsibility onto this worker’s shoulders.


12 posted on 03/26/2015 10:36:16 AM PDT by JoeDetweiler
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To: Responsibility2nd

I shop at Publix regularly and literally every package of their baked goods, as well as signage hanging in their bakery, says their products may contain things like nuts milk, and eggs that people are allergic to.


13 posted on 03/26/2015 10:36:31 AM PDT by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
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To: Responsibility2nd

Since the child had a rare life threatening condition it was mother’s responsibility to consult the allergen information the company had posted in their bakery.

Employees should not be expected to know how dangerous the rare condition is nor the issue of cross contamination from making different items with the same equipment.


14 posted on 03/26/2015 10:36:42 AM PDT by Mount Athos (A Giant luxury mega-mansion for Gore, a Government Green EcoShack made of poo for you)
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To: Responsibility2nd

Publix is a great place but I wouldn’t trust my kids life to one of the bakery workers understanding food allergies.


15 posted on 03/26/2015 10:37:34 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: SoFloFreeper

The kid probably shouldnt have been in Publix if they were that sensitive. Nuts are everywhere.


16 posted on 03/26/2015 10:38:10 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Responsibility2nd

Think of how John Edwards made his millions...he spoke for dead children.Publix will very probably settle this out of court.If they don’t they’ll lose in court...simply because they’re big and a *child* is dead.


17 posted on 03/26/2015 10:38:55 AM PDT by Gay State Conservative (Obama;A Low Grade Intellect With Even Lower Morals)
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To: Responsibility2nd

The boy was allergic to tree nuts? That’s a new one to me.


18 posted on 03/26/2015 10:39:19 AM 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: Responsibility2nd

My wife is always getting on me for not asking for help from salespeople. I tell her I don’t ask then because they don’t know squat. They usually answer in a way that means nothing. In this case, if the mom asked the minimum wage (part-time probably because of Obamacare) employee if they were safe, and he probably said “I’m pretty sure they are”


19 posted on 03/26/2015 10:39:37 AM PDT by Sans-Culotte (Psalm 14:1 ~ The fool says in his heart, “There is no God.”)
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To: Mr. K

“What mother of a child with a DEADLY nut allergy lets them eat anything in public?”

A stupid one.


20 posted on 03/26/2015 10:39:45 AM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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