“How many more people have to die before something significant changes?”
That’s a question Amy Markland asks herself every day.
The mother told NBC6 she has lived in fear for years after her daughter suffered multiple allergic reactions while eating out.
This is a concern for millions of parents who have children with food allergies.
So we want to know: what are the rules, and what happens if something goes wrong?
“That’s a horrifying, horrifying, deeply disturbing thought,” Markland said.
Markland said her daughter, Sarah, was found to have a life-threatening dairy allergy when she was four years old.
“She had an anaphylactic reaction to anything that contained proteins, including the milk proteins found in milk, whey and casein.”
She said there have been many scary moments over the years at various restaurants where her daughter choked, her lips and nose swelled and she spent days in the emergency room.
She said the most recent incident happened last summer on a trip celebrating Sarah’s 21st birthday, when her daughter ordered a grilled chicken sandwich and explained that she had severe food allergies.
When I check a copy of the receipt used at the time of purchase, it says that this meal is “milk allergy friendly.”
But Markland said that once Sarah started eating, “the reaction started immediately.”
She said she spoke with the restaurant’s chef and was told the food was prepared on a dairy surface.
“Something so simple that people take for granted – going out and getting food – just having the luxury of being able to do something special that’s out of the ordinary. People need to be aware that even the holidays are a frightening situation for someone with severe allergic anaphylaxis,” Markland said.
Sarah said paramedics came to her hotel room to examine her after the accident, and she took Benadryl to control her hives and had an EpiPen ready, but didn’t need to use it this time.
Recent litigation
Recently, a lawsuit was filed alleging that a New York doctor died from a severe allergic reaction after eating at a restaurant at Disney Springs.
The doctor’s family is suing Walt Disney Parks and Resorts and the restaurant for negligence, claiming that staff “ensured the food was allergen-free.”
NBC6 has not received a response from Disney Springs, the restaurant or their attorneys, but in response to the lawsuit, Disney Springs said it is not responsible for the actions of staff or the food served at the restaurant because the restaurant is owned by a separate company.
In court filings, the restaurant denied the allegations, saying in part that “the alleged incidents and damages were caused by circumstances beyond our control.”
Dr. Paul Moore, an FIU professor and hospitality law expert, said proving negligence in these cases first requires determining whether the person or establishment had a duty to do something, whether that duty was breached, and whether there was damage as a result.
In general, he says, restaurants have some responsibilities they must adhere to.
“Restaurants have what’s called a duty of reasonable care, which means that because they’re open to the public, they have to inform the public of any risks that may not have been unreasonably foreseeable in order to prove causation.”
He explains:
When a person with an allergy orders a meal, the legal burden is on the customer because the restaurant does not know that the customer has an allergy. However, from the moment the customer informs the restaurant, the burden is on the restaurant staff to properly communicate to the customer whether they can accommodate and to “reasonably” accommodate if there is any problem.
“So they’re not necessarily required to administer medication like an EpiPen, but because she’s in their custody they have a legal obligation to call 911. That’s a reasonable thing to do,” Dr. Moore said.
Florida Law
According to the Florida Department of Business and Professional Regulation:
Food service businesses and facilities are not required to serve allergen-free foods, but managers and employees should be educated on basic food allergen information, including:
Name the nine major food allergens. Recognize and describe common symptoms of a food allergic reaction. Know to call 911 if an allergic reaction is suspected or observed.
A department spokesman said food safety training is provided to food service staff but did not explain what that is.
According to the United States Department of Agriculture (USDA), all packaged foods in the United States are subject to FDA allergen labeling requirements.
“These labeling requirements do not apply to foods that are packaged or containerized in response to a consumer’s order and supplied by a retail or foodservice establishment.”
“We want people to have the experience of eating out in a safe place,” said Son Poblete, CEO of Food Allergy Research and Education (FARE), who developed life-threatening food allergies as an adult and experienced improper food handling in restaurants.
She says Florida’s laws need to be tougher and blames the state Legislature.
Currently, only seven states require food businesses to undergo food allergen training and certification, according to FARE: Illinois requires that they have a manager on-site who is trained according to national standards;
A bill with similar standards was introduced in Florida this year, requiring food service managers to take mandatory allergy courses and for restaurants to post signs outlining allergic reactions and how to treat them.
But the bill died during the session.
“As a culture, we need to do better. You can’t be in the food and beverage industry and not take these people’s lives into consideration,” Markland said.
Parents and affected people say they have seen a variety of strategies to inform staff about allergens, including posters and flags on food items.
But if more isn’t done, Markland is concerned about the future.
“Just fear for everyday life and fear of entrusting my safety to other people.”
