An allergic reaction caused by a food allergen can produce anaphylactic shock, placing the victim in a life-threatening situation. Individuals can suffer a sharp drop in their blood pressure when experiencing a reaction from foods and have difficulty in breathing. Without immediate medical treatment, the allergic reaction can cause death. More than 50,000 individuals visit emergency rooms each year because of some type of allergic reaction.
Anaphylaxis causes the entire body to react violently against an allergen by closing airways due to intense swelling of the tongue and air pipe. Every year in the United States, thousands of individuals are physically harmed by anaphylactic shock caused by a food allergy in products made with harmful ingredients. Common food allergens can be found in a variety of products including milk, eggs, shellfish, fish, peanuts, tree nuts, soybeans, wheat and sesame seeds.
When a food manufacturer, restaurant, healthcare facility or others, improperly labels food goods, allergen sufferers can be injured or killed. When a company selling or serving food products containing allergens does not provide proper notification and identification of ingredients and someone is injured, they can be held legally liable for the negligence. Common types of negligent anaphylaxis from food allergy cases involve:
- Doctors failing to inform patients of the severity of their food allergies
- A failure to prescribe epinephrine (EpiPen) any patient suffering severe at allergic reactions to specific foods
- Mislabeled food products
- Product labels not listing all the ingredients containing food allergens
- Inadequate warning signs in any place of business noting cross contact (cross-contamination) where specific food is exposed to ingredients containing allergens
- Restaurants not developing, implementing and enforcing strict protocols on how to serve meals to food allergen suffers
Symptoms of Anaphylaxis
Major or minor anaphylactic symptoms can occur within just a few minutes or up to two hours or more after initial contact with any allergy-causing ingredient. Many recognized symptoms involved in anaphylactic shock include:
- A tingling sensation all over
- Severe itching
- Intense hives
- Metallic taste on the tongue
- Warm sensation
- Difficulty in breathing or swallowing
- Swelling of the throat and mouth
- Asthma
- Diarrhea and cramping
- Diminished blood pressure
- Vomiting
- Loss of consciousness
- Death
Seeking Compensation Against a Restaurant, Manufacturer or Other Entity When a Person Suffers an Anphylactic Reaction
Even if the victim suffers anaphylaxis from food allergies in a restaurant, hospital or other public setting, seeking and obtaining compensation can be difficult. The victim is required to prove damages in addition to causation that directly links negligent parties to the allergic reaction. The victim might show that the responsible parties had a duty to protect them from an allergic reaction and that duty was breached. Because of the complexity of anaphylaxis from food allergy cases, many victims will hire a personal injury attorney who specializes in product liability cases.
Litigation in food allergy cases is complicated. It often involves large sums of compensation to those injured by the neglectful actions of others, or surviving family members of a loved one who has died of anaphylactic shock. A skilled law firm can assist the victim in recovering medical expenses, lost wages and other damages from every party responsible for the injuries or death. In addition, the lawyer can obtain records, legal documents, case information and photographs involved in the claim and track down eyewitnesses to provide testimony in a personal injury case.
Hiring a Lawyer to Investigate and Prosecute a Food-Related Anaphylaxis Case
Rosenfeld Injury Lawyers LLC handle cases involving anaphylaxis from food allergies. We assist victims in settling a claim or filing a lawsuit present the case in front of a judge and jury. We ensure that all documents and paperwork are filed with the state before the expiration of the statute of limitations.
If you, or a loved one, have been seriously injured by anaphylaxis shock, you are likely entitled to obtain specific damages including:
- Economic damages such as hospitalization costs, medical expenses and time away from work
- Future medical expenses
- Loss of earning capacity
- End-of-life expense
- Physical impairments
- Pain and suffering and, in some cases, punitive damages
Because of the statute of limitations, obtaining our legal services as soon as possible is crucial. Contact our law firm toll-free today at (888) 424-5757 for your free case evaluation. We can review your claim and provide various legal options to hold those accountable for their negligence. We will work to obtain financial compensation to secure your future.
