Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-87 next last
To: Trailerpark Badass

“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.”

For example:

Publix recalls meats products over nut allergy warning

http://www.wtsp.com/story/news/local/2015/01/15/publix-recalls-meats-products-over-nut-allergy-warning/21835183/


21 posted on 03/26/2015 10:40:54 AM PDT by TexasGator
[ Post Reply | Private Reply | To 13 | View Replies]

To: kosciusko51
The mother should have known better how?

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.

This sort of food allergy--especially peanuts!--has become a HUGE health crisis reaching epidemic proportions.

Nobody knows exactly what's causing it.

The labeling of food is a good thing, but it must be dependable.

22 posted on 03/26/2015 10:42:14 AM PDT by Savage Beast (During times of universal deceit, telling the truth becomes a revolutionary act. --George Orwell)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Trailerpark Badass

PUBLIX should not be on the hook for this tragic stupidity of the Tolerant Mommy


23 posted on 03/26/2015 10:42:47 AM PDT by MeshugeMikey ("Never, Never, Never, Give Up," Winston Churchill ><>)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Responsibility2nd

This is tough. I am allergic to peanuts - as a kid this kind of reaction was a possibility. Well more than that, it did happen a few times although I am obviously still here. As an adult, I don’t think it is as bad, although its not like I’m going to pull out a can of Jiffy and find out.

I’m a bit sympathetic. Clearly I read labels myself and don’t eat anything that says it “contains” nuts. But I would bet half the items in a typical grocery store will say something to the effect of “manufactured in a facility that handles nuts”. I’m not going to sit here and be some liberal and assert I have a right to eat a particular food, but I would like to think I should have the ability to eat something.

I’ve personally seen signs at the deli at my local Publix in FL that anything you buy at the deli could be exposed to nuts or other allergens (come to think of it, that might be a recent development and related to this story). I suspect there will be similar signs at the bakery. And like I mentioned, anything processed or in a box likely has the warning. It leaves parents in a pretty bad situation if there isn’t some responsibility put on business to prevent this. Not sure exactly where that line should be though.


24 posted on 03/26/2015 10:46:25 AM PDT by Methos8
[ Post Reply | Private Reply | To 1 | View Replies]

To: kosciusko51

My wife’s granddaughter has a severe peanut allergy. Before they buy anything, they check out the store and product. A quick check of Publix shows:

“Our bakeries use a variety of wholesome ingredients including eggs, wheat and other dry mixes that will become airborne during the production times. They also are using peanuts and tree nuts. Our associates are trained on
sanitation procedures for their areas. Even with proper sanitation in place there is the possibility of small amounts of dairy and egg powder, nut residue to transfer onto a food surface. One example includes opening bags
of dry mix. The ingredient dust from these mixes can disperse and land on food contact surfaces. Another example is the bread slicers being used to slice breads with and without nuts, etc.”

This automatically puts Publix backer “off-limits”.


25 posted on 03/26/2015 10:47:28 AM PDT by TexasGator
[ Post Reply | Private Reply | To 2 | View Replies]

To: kosciusko51

Not to sound unsympathetic, but I agree. I have a nephew with that same allergy, and giving him a store bought cookie is something that none of us would ever do. Why chance it?


26 posted on 03/26/2015 10:47:38 AM PDT by definitelynotaliberal (Go, Cruz! Go!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Red Badger

And no one is ever obliged to eat one.


27 posted on 03/26/2015 10:48:24 AM PDT by definitelynotaliberal (Go, Cruz! Go!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Responsibility2nd

NUTS IN A COOKIE.... outrageous... /snide..


28 posted on 03/26/2015 10:48:24 AM PDT by hosepipe (" This propaganda has been edited (specifically) to include some fully orbed hyperbole.. ")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Savage Beast
The mother should have known better how?

If your child had a deadly allergy would you trust a minimum wage worker with their life? Did the Mother actually read any ingredients?

29 posted on 03/26/2015 10:48:59 AM PDT by DJ MacWoW (The Fed Gov is not one ring to rule them all)
[ Post Reply | Private Reply | To 22 | View Replies]

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

Did you read that in the article?

30 posted on 03/26/2015 10:49:42 AM PDT by TexasGator
[ Post Reply | Private Reply | To 16 | View Replies]

To: Savage Beast

My children can’t take nuts to school because of the remotest chance that one of kids with allergies might come in contact with nuts.

The mother could should have been able to see that the bakery had nut-based items behind the counter, and should have know that despite the reassurances from a Publix employee, that there was a good possibility that there was cross-contamination.

For these parents, don’t assume the employee knows if there is cross-contamination, since most likely, the employee really doesn’t know the severity of the consequences for being wrong.

In other words, if there is a doubt, leave it out (of your child’s mouth).


31 posted on 03/26/2015 10:51:27 AM PDT by kosciusko51
[ Post Reply | Private Reply | To 22 | View Replies]

To: kosciusko51

My thoughts exactly. The store should not have made that mistake, but the mother should not have bet her child’s life on the knowledge of someone drawing close to minimum wage.


32 posted on 03/26/2015 10:54:35 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: JoeDetweiler

I worked in a grocery store. I refused to answer allergy questions and referred them to read the ingredients themselves. They would get pissed off if I refused to tell then if something was safe for little Susie to eat.


33 posted on 03/26/2015 10:55:15 AM PDT by matt04
[ Post Reply | Private Reply | To 12 | View Replies]

To: bigbob

I’ve got the same feeling.

Years ago the secretary where I worked son was allergic to something in ice cream.

No matter how many time they told his grandmother on his dad’s side not to give the kid ice cream, she did it anyway and the kid would end up in the hospital.

Finally had to get a court order to keep her away from the kid.


34 posted on 03/26/2015 10:58:20 AM PDT by IMR 4350
[ Post Reply | Private Reply | To 7 | View Replies]

To: matt04
I refused to answer allergy questions and referred them to read the ingredients themselves.

This should be the response of all employees regarding this issue. Someone else pointed out that Publix has a website for their bakery. The employee could refer them to the site.

35 posted on 03/26/2015 10:58:39 AM PDT by kosciusko51
[ Post Reply | Private Reply | To 33 | View Replies]

To: C. Edmund Wright

Bless her heart?

This woman will never ever forget this mistake for the rest of her life.

This lapse on her part ended her son’s life.


36 posted on 03/26/2015 11:10:10 AM PDT by DoughtyOne (The question is Jeb Bush. The answer is NO!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: kosciusko51

I’m sure every store trains them the same way to refer customers to the allergy statement. I have to wonder if the mother informed the employee of the nut allergy or just asked a really generic question.

I know sometimes I would get asked if something was safe to eat if it didn’t list nuts on the label. At that point I would inform them that we use nuts in other items and can not say it is not nut free. They would still try to get me to say it’s safe for their child to eat. We sold a line of nut-free items made in a nut free facility, sealed and shipped to us. Those were never good enough as they wanted something special for their special snowflake child.


37 posted on 03/26/2015 11:10:40 AM PDT by matt04
[ Post Reply | Private Reply | To 35 | View Replies]

To: DoughtyOne
This woman will never ever forget this mistake for the rest of her life.

But she wants somebody else to pay for it.

38 posted on 03/26/2015 11:14:35 AM PDT by dfwgator
[ Post Reply | Private Reply | To 36 | View Replies]

To: dfwgator

Clearly her mistake, one would think she might want to avoid making it look like she may have looked the other way for a “pay day”.


39 posted on 03/26/2015 11:23:23 AM PDT by DoughtyOne (The question is Jeb Bush. The answer is NO!)
[ Post Reply | Private Reply | To 38 | View Replies]

To: Mr. K

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

Exactly. AND based on the “professional” opinion of a part-time, minimum-wage high-school dropout behind the deli counter who says, “Don’t worry, your kid will be fine. Nothing in our cookies could possibly kill him.”


40 posted on 03/26/2015 11:32:43 AM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
[ Post Reply | Private Reply | To 6 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-87 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson