1821 Jefferson PL, Ste. 301
Frederick, MD 90010

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Automobile Accident
    • Medical Mistake
    • Workers’ Compensation
    • Wrongful Death
    • Cruise Accident
  • Blog
  • Frederick MD Personal Injury Law Office

December 14, 2018 by matadoradmin

Can I file a personal injury claim for going into anaphylactic shock from a serious food injury?

Personal Injury Attorney

Anaphylactic shock, also known as anaphylaxis, is a very serious concern for anyone who reacts to food allergens. Although most people with a food allergy will experience mild to moderate reactions, some will have a severe reaction that can be fatal if not treated within minutes or less.

A reaction to a food allergy can happen whenever food that has been improperly labeled is consumed. This could include meals at restaurants, quick snacks, school lunches, and so forth. According to the Food and Drug Administration, one out of 50 adult men and women and one in 20 children have serious food allergies. There are at least 30,000 hospital room visits every year and another 150 + deaths that occur from a bad reaction to a food allergy.

Understanding Food Allergies

A food allergy can develop in a person who has a compromised immune system, and in which the consumption of food causes a release of mediators such a histamines and leukotrienes. When these mediators are released, they can cause contractions of the muscles, leading to almost immediate symptoms including:

  • Severe abdominal cramping
  • Difficulty swallowing
  • Inability to breathe
  • Swelling of the tongue, lips, and esophagus
  • Swelling of the eyes
  • Wheezing
  • Coughing
  • Skin turning red
  • Itchiness
  • Heart palpitations
  • Dizziness
  • Fainting
  • Paleness
  • Turning “blue”
  • Low blood pressure
  • Loss of consciousness
  • Death

If these symptoms are not immediately treated, the individual can go into cardiac or respiratory arrest. This is life threatening.

The Importance of Proper Labelling of Food

There is no known cure for food allergies This means when a person is aware of an allergy to food, the best way to avoid a reaction is to not consume foods with the allergen. Avoiding food allergens can be difficult, especially when many manufacturers cross contact the particles of food items during the manufacturing process.

The 2004 Food Allergen Labeling and Consumer Protection Act, made it a federal law for all food manufacturers, suppliers, and distributors in the U.S. to label any ingredient that is considered to be a major food allergen. These are:

  • Milk and dairy products
  • Seafood, including shellfish and fish
  • Eggs
  • Nuts
  • Peanuts
  • Soybeans
  • Wheat
  • Sesame seeds

The Duty to Protect Food Consumers

Manufacturers of food items, grocery stores, restaurants, cafeterias, catering companies, nursing homes, and any other company that sells foods to consumers, has a legal duty of care to protect them. When a product is mislabeled or poorly labeled, improperly prepared, or wrongly served, and a consumer has a severe food allergy reaction, the responsible parties can be held liable. In some cases, the victims doctor will be pursued because of a failure to explain to severity of the food allergy, or failure to prescribe an epinephrine pen (i.e. Epipen).

Examples of negligent actions on part of liable parties may include:

  • Serving the wrong food to a consumer
  • Failure to inform a consumer of certain food allergens on a menu after the consumer asked
  • Mislabeling a food product label
  • Failing to list food items on a label that are known to cause severe reactions
  • Serving a child a food item that they are allergic to

Legal Recourse for a Food Allergy Reaction

If you were harmed because of the negligent actions of another person, you may have the right to file a personal injury claim against the party responsible. Compensation may be available for medical care, time off from work, legal fees, pain, suffering, and more. Proving negligence in food allergy reactions cases is often complicated. You should only choose a personal injury lawyer Washington, DC relies on who has the necessary skills to protect your rights as a consumer who was harmed by negligence.

 


 

Thank you to our friends and contributors at Frederick J. Brynn, P.C. for their insight into personal injury claims.

Filed Under: Uncategorized

Frederick Personal Injury Lawyers

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Automobile Accident
    • Medical Mistake
    • Workers’ Compensation
    • Wrongful Death
    • Cruise Accident
  • Blog
  • Frederick MD Personal Injury Law Office

FREDERICK PERSONAL INJURY RESOURCES

Frederick Personal Injury Law Firm
Frederick Personal Injury Attorney
Frederick Car Accident Lawyers
Frederick Medical Malpractice Attorneys

Other Resources

Medical Injury Lawyer
Service Truck Accident Lawyer
Personal Injury Lawyers Washington DC
Find a Divorce Lawyer Cypress, TX
Disability Discrimination Lawyer Washington, D.C.
Personal Injury Lawyer Buffalo, NY
Personal Injury Blog
Birth Injury Lawyer Beverly Hills CA
Pedestrian Accident Lawyer Denver CO
Premises Liability Lawyer Atlanta GA
Truck Accident Lawyer Los Angeles CA

Free Consultation

Request a free consultation with one of Frederick, MD's premier personal injury law firms.

© COPYRIGHT 2024 PERSONAL INJURY LAWYERS OF FREDERICK | POWERED BY MATADOR SOLUTIONS - INTERNET MARKETING COMPANY